Latest Developments in the ICJ
2024
Since the last update of the ICJ Bench Book for Judges and Court Personnel in 2023, the body of law regarding the Interstate Compact for Juveniles has continued to evolve. This update reflects amendments to 8 rules and the adoption of one new rule. Additionally, the Commission updated six advisory opinions to reflect the ICJ Rules as amended, effective April 1, 2024.
Rule amendments include:
- Rule 1-101, “Relocate ”
- Definition rescinded.
- Reverts to traditional sense of the word “to move from one place to another.”
- Rule 4-101, “Eligibility Requirements for the Transfer of Supervision”
- In paragraph 2, the phrases "relocate to" and "relocating to" are replaced with "reside in" and "residing in" to clarify that transfers of supervision may be required for juveniles who are not moving to a new state, i.e. those adjudicated in a state that is not where they typically reside.
- Rule 4-103, “Transfer of Supervision Procedures for Juvenile Sex Offenders”
- In paragraph 3, the phrase "or reside" is added to clarify that not all juveniles who are on ICJ supervision are moving to a new location.
- The phrase "of the juvenile's immediate relocation" was also removed.
- Rule 4-104, “Authority to Accept/Deny Supervision”
- Instead of focusing on when supervision may be denied, paragraph 4 now requires that supervision be accepted unless specific conditions are indicated. It states: "Supervision shall be accepted unless the home evaluation reveals that the proposed residence is unsuitable or that the juvenile is not in substantial compliance..."
- A detailed justification is now required to describe why a residence is deemed "not safe and/or suitable."
- The existing "mandatory acceptance" provision was moved to a paragraph 5 for clarity. It states: “Supervision shall be accepted when a juvenile has no legal guardian remaining in the sending state and the juvenile does have a legal guardian residing in the receiving state.”
- Paragraph 6 now specifies that reporting instructions must be provided on the Form V, Notification from Sending State of Parolee or Probationer Proceeding to the Receiving State.
- The previous paragraph 6 is now paragraph 7.
- Rule 5-103, “Reporting Juvenile Non-Compliance and Retaking”
- “Failed Supervision” is removed from the title.
- Provisions related to failed supervision were removed from Rule 5-103 and are located in the new Rule 5-103A.
- Rule 7-106, “Transportation”
- Amendments to paragraphs 3 & 4 address items with which a juvenile may be permitted to travel, giving states more discretion.
- Any items deemed to jeopardize health, safety, or security are to be confiscated and returned via checked luggage or mail at the expense of the home/demanding/sending state.
- The new paragraph 8 provides for emergency services, assistance, detention, and/or shelter for juveniles whose returns are disrupted due to extenuating circumstances.
- Rule 7-107, “Airport Supervision”
- Amendments to paragraph 3 alters the wording from "shall give… notice" to "shall request" airport supervision.
- The state where the intermediate airport is located (location of supervision/surveillance during a layover) can make exceptions to the 48-hour advance request requirement.
- Rule 8-101, “Travel Permits”
- In paragraph 1(a), the phrase "or have deferred adjudications" is now included so that travel permits must be issued for juveniles with deferred adjudications, if the other conditions of the rule apply.
- In paragraph 1(b), the word "relocating" was removed. Now, travel permits must be issued for all juveniles with a pending a request for transfer of supervision, including those returning to their home state (which is the receiving state for purposes of supervision).
New Rule:
- Rule 5-103A, “Failed Supervision Determined by Receiving State”
- New rule clarifies criteria for the receiving state to determine that a juvenile's supervision has failed. These provisions do not apply if the juvenile is detained.
- Establishes new procedures for reporting a failed supervision using a new Form IX, Failed Supervision Report.
- Paragraph 3 includes a requirement for the sending state to respond to a Failed Supervision Report within 10 business days.
- Sending state must respond by securing a new living arrangement or provide notice that they will retake juvenile within 10 business days of receiving report.
The Commission updated six advisory opinions to reflect the ICJ Rules effective April 1, 2024:
- Advisory Opinion 03-2011: Pleas and Abeyance Cases for Non-Adjudicated Juveniles
- Advisory Opinion 04-2014: ICJ Authority in Cases where Approval of Supervision May Result in Violation of Court Orders
- Advisory Opinion 02-2015: Signatures on the Form VI
- Advisory Opinion 01-2016: Pre-adjudication Home Evaluation Requests
- Advisory Opinion 02-2017: Out-of-State Juvenile Sentenced to Incarceration
- Advisory Opinion 01-2018: Transfer of Supervision where the Parent May be Homeless