Length of Supervision Requirements
ICJ Rule 4-101 establishes a “length of supervision” eligibility requirement for transfer of supervision. A juvenile is eligible to transfer supervision if:
- The plan of supervision indicates that the juvenile will reside in another state for a period exceeding ninety (90) consecutive days in any twelve (12) month period. ICJ Rule 4-101(2)(d) (Interstate Comm’n for Juveniles 2024); and
- The juvenile has more than ninety (90) days or an indefinite period of supervision remaining at the time the sending state submits the transfer request. Id. at Rule 4-101(2)(e); and
- The transfer is not solely for the purposes of collecting restitution. Id. at Rule 4-101(4).
It is important to note that the length of supervision requirement is worded in the conjunctive. Therefore, the transfer of supervision to another state is covered by the ICJ if the juvenile will be in the receiving state for more than 90 days and there are more than 90 days of supervision remaining. If either of these two lengths of supervision requirements is not met, the juvenile is not subject to the ICJ or its rules.
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