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Extraditions

Neither the constitutional provisions nor statutes governing extradition appear to make a special exception for juveniles. Although some form of extradition proceedings is considered necessary for juvenile criminal fugitives, no formal extradition process is necessary to return a minor to a guardian. The power of the state to try a juvenile is not affected by the manner of his return to a state.

If a juvenile’s placement has failed and the ICJ Application for Compact Services and Waiver Form (ICJ Form IA/VI) has the appropriate signatures, no further court procedures are required.

Courts have held that an interstate compact authorized by Congress relating to interstate apprehension and retaking of offenders without formalities and without compliance with extradition laws does not violate due process of law.

Under the Uniform Criminal Extradition and Rendition Act (UCERA), a fugitive may waive all procedural rights incidental to the extradition. A juvenile subject to the ICJ is not subject to the provisions of UCERA as ICJ provides an alternative procedure by which a person can be returned to the demanding state.

References:

ICJ Bench Book: Section 4.1