Chapter 2.5 Key Definitions in the ICJ

Key Definitions in the ICJ

Key definitions in the ICJ include the following:

• “Court” means: any court having jurisdiction over delinquent, neglected, or dependent children.[3]

• “Juvenile” means: any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:

1. Accused Delinquent – a person charged with an offense that, if committed by an adult, would be a criminal offense;
2. Adjudicated Delinquent – a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
3. Accused Status Offender – a person charged with an offense that would not be a criminal offense if committed by an adult;
4. Adjudicated Status Offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
5. Non-Offender – a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.

• “Probation or Parole” means: any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.

• “Rule” means: a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.

Interstate Compact for Juveniles, art. II (2008). Several observations are in order concerning the definitions.  First, as the compact is a contract between the states, the terms must be given their ordinary meaning and interpreted within the “four corners” of the document.  Thus, for example, the definition of the term “juvenile” also defines the “universe” of individuals subject to the ICJ.  Second, the terms are defined in very broad terms.  This is intended to avoid an overly narrow reading of the ICJ and its application.  Finally, the Commission’s rules have an extensive list of additional definitions that should be examined in addition to the terms in the ICJ itself.  See ICJ Rule 1-101 (Interstate Comm’n for Juveniles 2024).

[3] The ICJ Rules define the word “Court” as “any person or institution with the constitutional or statutory authority to adjudicate legal disputes and having jurisdiction over delinquent, neglected, or dependent children.” The definition was modified for additional clarity, effective March 1, 2022. See ICJ Rule 1-101 (Interstate Comm’n For Juveniles 2024).