Bench Book: Latest Developments in the ICJ

Latest Developments in the ICJ

2023

Since the last update of the ICJ Bench Book for Judges and Court Personnel in 2020, the body of law regarding the Interstate Compact for Juveniles has continued to evolve.  This update reflects amendments to 13 rules, including a clerical amendment to one rule, and the adoption of one new rule.  Additionally, the Commission issued six advisory opinions since the previous edition, updated six to reflect the ICJ Rules effective March 1, 2022, and archived two advisory opinions.

Rule changes include:

  • Amendments to the following definition in Rule 1-101:
    • “Absconder” – removed “with the intent” and “to avoid” so that the definition includes a juvenile who “hides, conceals, or absents him/herself” and are therefore “unavailable for the legal process or authorized control.”
    • “Court” – edited to remove the word “court” from definition and clarify that “court” can be used to reference “any person or institution…”
  • Amendments to ICJ Rule 2-103 “Adoption of Rules and Amendments” regarding how Commissioners or their Designees can submit proposed rules or amendments to the Rules Committee.
  • Amendments to ICJ Rule 3-101 “Forms” stating that all supervision, travel, and returns for compact-eligible juveniles are facilitated through the approved electronic information system. The title was changed from “Forms” to “Electronic Information System.”
  • Amendments to ICJ Rule 4-102 “Sending and Receiving Referrals” to include that a photograph shall be provided, if available, with a transfer of supervision referral. Additionally, the rule was edited to state that when the Form V Notification From Sending State of Parolee or Probationer Proceeding to the Receiving State is required, it may be sent either prior to “or at the time the juvenile relocates” to the receiving state.
  • Amendments to ICJ Rule 4-103 “Transfer of Supervision Procedures for Juvenile Sex Offenders” to include that a photograph shall be provided, if available, with a transfer of supervision referral. The Rule was edited to state that when the Form V Notification From Sending State of Parolee or Probationer Proceeding to the Receiving State is required, it may be sent either prior to “or at the time the juvenile relocates” to the receiving state.
  • Amendments to ICJ Rule 4-104 “Authority to Accept/Deny Supervision” to clarify that when a transfer of supervision is denied and a juvenile is already residing in the receiving state, the sending state can either secure new living arrangements and submit a new referral or return the juvenile to the sending state.
  • Amendment to ICJ Rule 5-101 “Supervision/Services Requirement” to state that the receiving state will send a report when there is a change regarding the person(s) with whom the juvenile resides.  A new Paragraph 5 was added which provides that the sending state may request “additional information” when there is a such a change. The sending state can either propose new living arrangements or return the juvenile to the sending state. 
  • Amendment to ICJ Rule 5-102 “Absconder Under ICJ Supervision” to clarify that receiving states use the Form IX Absconder Report to report an absconder to the sending state.
  • Amendments to ICJ Rule 5-103 “Reporting Juvenile Non-Compliance, Failed Supervision and Retaking” regarding Violation Reports requirements. Receiving states are to provide a description of efforts to redirect behavior, including therapeutic interventions incentives, graduated sanctions, or corrective actions. Edits to Paragraph 4 allow the receiving state to request the return of a juvenile who resides independently in the receiving state and whose supervision has failed.
  • Amendments to ICJ Rule 7-104 “Warrants” to clarify that the charging documents dictate which return/extradition process will be used. A new Paragraph 5 was added to address juveniles issued warrants by adult courts.
  • Amendments to ICJ Rule 7-105 “Detention and Hearing on Failure to Return” to clarify that out-of-state juveniles charged as adults may be held in a secure facility as deemed appropriate by the age of majority laws of the holding/receiving state.

New Rules:

  • New definition was added to: ICJ Rule 1-101. “Proof of entitlement” was created to clarify and define the phrase as used in ICJ Rules 6-103 and 6-103A. 

Clerical Amendment:

  • Clerical amendment to ICJ Rule 5-101 to correct an error to Paragraph 3 which states, “Both the sending and receiving states shall have the authority to enforce terms of probation/parole, which may include the impositions of sanctions” {emphasis added to note clerical amendment}.

The Commission issued six new advisory opinions concerning the Compact and its rules:

  • Advisory Opinion 01-2022 (August 25, 2022) - ICJ Limits on Issuance of Bail by Holding State
  • Advisory Opinion 01-2021 (May 19, 2021) - HIPAA permits sharing information as required by the ICJ, including through the UNITY System
  • Advisory Opinion 02-2021 (May 19, 2021) - Limits of ICJ authority to conduct records checks for another state on juveniles not subject to ICJ. 
  • Advisory Opinion 03-2021 (August 19, 2021) - Does the prohibition against communication between ICJ member states as provided in ICJ Rule 2-104 forbid all communication between a supervised juvenile and prior case workers in the sending state once supervision is accepted?
  • Advisory Opinion 04-2021 (November 18, 2020) - Can a holding state judge refuse to take action on a requisition if there is no active missing person record for the juvenile in NCIC?
  • Advisory Opinion 01-2022 (August 25, 2022) - ICJ Limits on Issuance of Bail by Holding State

The Commission updated six advisory opinions to reflect the ICJ Rules effective March 1, 2022:

  • Advisory Opinion 03-2012 (August 23, 2012) - Whether the holding state’s laws regarding the age of majority apply when detaining and returning a person serving a juvenile probation or parole sentence that absconds or flees to avoid prosecution and has the status of an adult in the home/demanding state 
  • Advisory Opinion 02-2015 (August 24, 2015) - Signatures on the Form VI 
  • Advisory Opinion 03-2018 (September 10, 2018) - Whether ICJ Rule 7-104 requires a home/demanding state to return a juvenile being held on a warrant even if the warrant has been withdrawn and whether state confidentiality laws prohibit entry of warrants issued for juveniles subject to the Compact into NCIC.
  • Advisory Opinion 01-2020 (March 1, 2020) - Can receiving state require sending state to provide revised Forms VI and IV when a juvenile makes an intrastate move after transfer of supervision is approved?
  • Advisory Opinion 02-2021 (May 19, 2021)- Limits of ICJ authority to conduct records checks for another stat eon juveniles not subject to ICJ. 
  • Advisory Opinion 03-2021 (August 19, 2021) - Does the prohibition against communication between ICJ member states as provided in ICJ Rule 2-104 forbid all communication between a supervised juvenile and prior case workers in the sending state once supervision is accepted?
     

The Commission archived two advisory opinions:

  • Advisory Opinion 04-2018 (December 13, 2018) - Whether a person should be returned as a juvenile when being detained as a juvenile in the holding state, but has an outstanding warrant from an adult court in the home state.
  • Advisory Opinion 03-2019 (May 23, 2019) - Can a person subject to a juvenile warrant be released on bond when he is considered an adult under the laws of the demanding and holding states based on the age of majority?

This update also reflects efforts to provide additional guidance related to key topics, such as human trafficking, abuse and neglect, and travel permits.  Returning users will find that content has been re-organized to promote consistency and conciseness, where possible.


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