Quarterly Progress Reports and Violation Reports
A receiving state is obligated to furnish written progress reports to authorities in the sending state on a quarterly basis as required by ICJ Rule 5-101. It is clear that the ICJ Rules contemplate that continued supervision under the ICJ is clearly an “agency” relationship in which the receiving state becomes the agent of the sending state. However, it is also anticipated that ICJ personnel in both the sending and receiving states will continue to communicate and work together to facilitate the supervision process. For example, under ICJ Rule 5-101(3), “both the sending and receiving states shall have the authority to enforce terms of probation/parole, which may include the imposition of sanctions.” Moreover, under Rule 5-101(4), the receiving state is responsible for furnishing “written progress reports to the sending state on no less than a quarterly basis” and additional written progress reports “shall be sent in cases where there are concerns regarding the juvenile or there has been a change in residence or in the person with whom the juvenile resides.” See ICJ Ad. Op. 3-2021 (Interstate Comm’n for Juveniles 2021).
A quarterly progress report should also be used to report a change of residence where the juvenile continues to reside with the same person(s). In such cases no new application for supervision services is necessary. However, the sending state may request additional information regarding the new residence. If the sending state does not support this change, they shall notify the receiving state and propose an alternative living arrangement or affect the return of the juvenile. See ICJ Rule 5-101(4-5) (Interstate Comm’n for Juveniles 2024).
When there are concerns about the juvenile’s behavior, it is essential that the receiving state make efforts to redirect the behavior. Efforts to redirect behavior may include, but are not limited to, therapeutic interventions, incentives graduated sanctions, or other corrective actions consistent with supervision standards in the receiving state. To promote equitable treatment of juveniles regardless of race, sexual orientation, gender cognitive ability, socio-economic status, victimization, adjudicated offenses, or location, the Commission amended ICJ Rule 5-103 (effective March 1, 2022) to require that description of such efforts in all reports regarding juvenile non-compliance or failed supervision.[5]
At any time during supervision, if a juvenile is out of compliance with conditions of supervision, the receiving state shall notify the sending state of the condition(s) violated. As required by ICJ Rule 5-103(1), the violation report must contain:
- The date of the new citation or technical violation that forms the basis of the violation;
- Description of the new citation or technical violation;
- Status and disposition, if any;
- Supporting documentation regarding the violation including but not limited to police reports, drug testing results, or any other document to support the violation.
- Description of efforts made to redirect the behavior including therapeutic interventions, incentives and/or graduated sanctions, or other corrective actions consistent with supervision standards in the receiving state; and
- Receiving state recommendations.
The sending state shall respond to a report of a violation where revocation or discharge is requested by the receiving state no later than ten (10) business days following receipt by the sending state. The response shall include the action to be taken by the sending state, which may include continue supervision, and the date that action will occur.
Based upon these reports and other factors, if it is necessary to return a juvenile whose transfer of supervision has failed to the sending state and the Form VI, Application for Services and Waiver, has the appropriate signatures, no further court procedure is required for the juvenile’s return. ICJ Rule 5-103(3)(b) (Interstate Comm’n for Juveniles 2024). However, if a juvenile is returned due to a failed transfer of supervision and is likely to have probation/parole revoted, courts may take additional action to ensure due process requirements are met. Further information regarding returns due to failed supervision is provided in Section 4.6.4, infra.
[5] Justification for amendment available at https://www.juvenilecompact.org/sites/default/files/2021RuleAmendmentsApproved.pdf