Probation/parole absconders, escapees or accused delinquents who have an active warrant shall be detained in secure facilities until returned by the home/demanding state. In the absence of an active warrant, the holding state shall have the discretion to hold the juvenile at a location it deems appropriate.
A runaway is defined as persons within the juvenile jurisdictional age limit established by the home state who (1) have voluntarily left their residence without permission of their legal guardian or custodial agency or (2) refuse to return to their residence as directed by their legal guardian or custodial agency, but who may or may not have been adjudicated. The ICJ applies to runaways exclusively in the context of returning them to the state where the legal guardian resides.
Under the Revised ICJ Rules, a state is not specifically obligated to provide counsel in circumstances of revocation or retaking, although in the case of a requisition hearing to effect the non-voluntary return of an absconder, escapee or accused delinquent, a court has the discretion to appoint counsel or a guardian ad litem.
The juvenile or juvenile’s family makes restitution payments directly to the adjudicating court or agency in the sending state. Supervising officers in the receiving state shall encourage the juvenile to make regular payments in accordance with the court order of the sending state. The sending state shall provide the specific payment schedule and payee information to the receiving state.
42 U.S.C. § 1983 creates a state or federal cause of action for damages arising out of the acts of state officials that violate an individual’s civil rights while acting under color of state law.
In a compact similar in purpose and scope to the Revised ICJ, a court has held that an interstate compact does not create a federally enforceable right under 42 U.S.C. § 1983 for those subject to its provisions absent a clear and unambiguous intent by Congress to establish a federal cause of action.
There are two types of public acts:
The Interstate Compact for Juveniles applies to all juveniles subject to some form of supervision. Categories of juveniles under supervision are:
Juveniles who are adjudicated delinquent and subject to the ICJ have limited rights.
Due process requirements apply equally to parole and probation revocation. Although a juvenile is not entitled to all of the due process procedures provided in an ordinary criminal trial, he is entitled to receive sufficient due process.
Neither the constitutional provisions nor statutes governing extradition appear to make a special exception for juveniles. Although some form of extradition proceedings is considered necessary for juvenile criminal fugitives, no formal extradition process is necessary to return a minor to a guardian. The power of the state to try a juvenile is not affected by the manner of his return to a state.
Juveniles eligible for ICJ must fulfill ALL of the following conditions, according to Rule 4-101: