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Secure Detention

ICJ Rules allow for the secure detention of non-delinquent runaways, accused status offenders, escapees, absconders and accused delinquents. Juveniles may be held for a maximum of 90 calendar days.

While the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) generally prohibits placing status offenders in custody, the relevant provisions of the reauthorization of the JJDPA clearly provide an exemption for secure detention for out-of-state runaway youth held under the ICJ.

The OJJDP Exclusion describes that out-of-state runaways securely held beyond 24 hours solely for the purpose of being returned to proper custody in another state in response to a want, warrant, or request from a jurisdiction in the other state or pursuant to a court order must be reported as violations of the deinstitutionalization of status offenders requirements. Juveniles held pursuant to the Interstate Compact for Juveniles enacted by the state are excluded from the deinstitutionalization of status offenders requirements in total.

Juveniles held in detention, pending non-voluntary return to the demanding state, may be held for a maximum of 90 calendar days. The home/demanding state's office shall maintain regular contact with the authorities preparing the requisition to ensure accurate preparation and timely delivery of said documents to minimize detention time.


References:

OJJDP Exclusion

ICJ Bench Book: Section 4.5.2

Advisory Opinion 04-2011

Whitepaper, October 2013