§ 31-37-23-1 — Provisions of compact

Indiana § 31-37-23-1

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 23: Interstate Compact on Juveniles

Text

The following compact, by and between the
state of Indiana and any other state which has or shall hereafter ratify
or legally join in the same, is ratified and approved.
The contracting states solemnly agree:
ARTICLE 1 ─ Findings and Purposes
That juveniles who are not under proper supervision and control, or
who have absconded, escaped or run away, are likely to endanger their
own health, morals and welfare, and the health, morals and welfare of
others. The cooperation of the states party to this compact is therefore
necessary to provide for the welfare and protection of juveniles and to
the public with respect to (1) cooperative supervision of delinquent
juveniles on probation or parole; (2) the return, from one (1) state to
another, of delinquent juveniles who have escaped or absconded; (3)
the return, from one (1) state to another, of nondelinquent juveniles
who have run away from home; and (4) additional measures for the
protection of juveniles and of the public, which any two (2) or more of
the party states may find desirable to undertake cooperatively. In
carrying out the provisions of this compact the party states shall be
guided by the noncriminal, reformative and protective policies which
guide their laws concerning delinquent, neglected or dependent
juveniles generally. It shall be the policy of the states party to this
compact to cooperate and observe their respective responsibilities for
the prompt return and acceptance of juveniles and delinquent juveniles
who become subject to the provisions of this compact. The provisions
of this compact shall be reasonably and liberally construed to
accomplish the foregoing purposes.
ARTICLE 2─Existing Rights and Remedies
That all remedies and procedures provided by this compact shall be
in addition to and not in substitution for other rights, remedies and
procedures, and shall not be in derogation of parental rights and
responsibilities.
ARTICLE 3─Definitions
That, for the purpose of this compact, "delinquent juvenile" means
any juvenile who has been adjudged delinquent and who, at the time
the provisions of this compact are invoked, is still subject to the
jurisdiction of the court that has made such adjudication or to the
jurisdiction or supervision of an agency or institution pursuant to an
order of such court; "probation or parole" means any kind of
conditional release of juveniles authorized under the laws of the states
party hereto; "court" means any court having jurisdiction over
delinquent, neglected or dependent children; "state" means any state,
territory or possessions of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico; and "residence" or any variant
thereof means a place at which a home or regular place of abode is
maintained.
ARTICLE 4─Return of Runaways
(a) That the parent, guardian, person or agency entitled to legal
custody of a juvenile who has not been adjudged delinquent but who
has run away without the consent of such parent, guardian, person or
agency may petition the appropriate court in the demanding state for
the issuance of a requisition for his return. The petition shall state the
name and age of the juvenile, the name of the petitioner and the basis
of entitlement to the juvenile's custody, the circumstances of his
running away, his location if known at the time application is made,
and such other facts as may tend to show that the juvenile who has run
away is endangering his own welfare or the welfare of others and is not
an emancipated minor. The petition shall be verified by affidavit, shall
be executed in duplicate, and shall be accompanied by two (2) certified
copies of the document or documents on which the petitioner's
entitlement to the juvenile's custody is based, such as birth certificates,
letters of guardianship, or custody decrees. Such further affidavits and
other documents as may be deemed proper may be submitted with such
petition. The judge of the court to which this application is made may
hold a hearing thereon to determine whether for the purposes of this
compact the petitioner is entitled to the legal custody of the juvenile,
whether or not it appears that the juvenile has in fact run away without
consent, whether or not he is an emancipated minor, and whether or not
it is in the best interest of the juvenile to compel his return to the state.
If the judge determines, either with or without a hearing, that the
juvenile should be returned, he shall present to the appropriate court or
to the executive authority of the state where the juvenile is alleged to
be located a written requisition for the return of such juvenile. Such
requisition shall set forth the name and age of the juvenile, the
determination of the court that the juvenile has run away without the
consent of a parent, guardian, person or agency entitled to his legal
custody, and that it is in the best interest and for the protection of such
juvenile that he be returned. In the event that a proceeding for the
adjudication of the juvenile as a delinquent, neglected or dependent
juvenile is pending in the court at the time when such juvenile runs
away, the court may issue a requisition for the return of such juvenile
upon its own motion, regardless of the consent of the parent, guardian,
person or agency entitled to legal custody, reciting therein the nature
and circumstances of the pending proceeding. The requisition shall in
every case be executed in duplicate and shall be signed by the judge.
One (1) copy of the requisition shall be filed with the compact
administrator of the demanding state, there to remain on file subject to
the provisions of law governing records of such court. Upon the receipt
of a requisition demanding the return of a juvenile who has run away,
the court or the executive authority to whom the requisition is
addressed shall issue an order to any peace officer or other appropriate
person directing him to take into custody and detain such juvenile.
Such detention order must substantially recite the facts necessary to the
validity of its issuance hereunder. No juvenile detained upon such
order shall be delivered over to the officer whom the court demanding
him shall have appointed to receive him, unless he shall first be taken
forthwith before a judge of a court in the state, who shall inform him
of the demand made for his return, and who may appoint counsel or
guardian ad litem for him. If the judge of such court shall find that the
requisition is in order, he shall deliver such juvenile over to the officer
whom the court demanding him shall have appointed to receive him.
The judge, however, may fix a reasonable time to be allowed for the
purpose of testing the legality of the proceeding.
Upon reasonable information that a person is a juvenile who has run
away from another state party to this compact without the consent of a
parent, guardian, person or agency entitled to his legal custody, such
juvenile may be taken into custody without a requisition and brought
forthwith before a judge of the appropriate court who may appoint
counsel or guardian ad litem for such juvenile and who shall determine
after a hearing whether sufficient cause exists to hold the person,
subject to the order of the court, for his own protection and welfare, for
such a time not exceeding ninety (90) days as will enable his return to
another state party to this compact pursuant to a requisition for his
return from a court of this state. If, at the time when a state seeks the
return of a juvenile who has run away, there is pending in the state
wherein he is found any criminal charge, or any proceeding to have him
adjudicated a delinquent juvenile for an act committed in such state, or
if he is suspected of having committed within such state a criminal
offense or an act of juvenile delinquency, he shall not be returned
without the consent of such state until discharged from prosecution or
other form of proceeding, imprisonment, detention or supervision for
such offense or juvenile delinquency. The duly accredited officers of
any state party to this compact, upon the establishment of their
authority and the identity of the juvenile being returned, shall be
permitted to transport such juvenile through any and all states party to
this compact, without interference. Upon his return to the state from
which he ran away, the juvenile shall be subject to such further
proceedings as may be appropriate under the laws of that state.
(b) That the state to which a juvenile is returned under this article
shall be responsible for payment of the transportation costs of such
return.
(c) That "juvenile" as used in this article means any person who is
a minor under the law of the state of residence of the parent, guardian,
person or agency entitled to the legal custody of such minor.
ARTICLE 5─Return of Escapees and Absconders
(a) That the appropriate person or authority from whose probation
or parole supervision a delinquent juvenile has absconded or from
whose institutional custody he has escaped shall present to the
appropriate court or to the executive authority of the state where the
delinquent juvenile is alleged to be located a written requisition for the
return of such delinquent juvenile. Such requisition shall state the name
and age of the delinquent juvenile, the particulars of his adjudication
as a delinquent juvenile, the circumstances of the breach of the terms
of his probation or parole or of his escape from an institution or agency
vested with his legal custody or supervision, and the location of such
delinquent juvenile, if known, at the time the requisition is made. The
requisition shall be verified by affidavit, shall be executed in duplicate,
and shall be accompanied by two (2) certified copies of the judgment,
formal adjudication, or order of commitment which subjects such
delinquent juvenile to probation or parole or to the legal custody of the
institution or agency concerned. Such further affidavits and other
documents as may be deemed proper may be submitted with such
requisition. One (1) copy of the requisition shall be filed with the
compact administrator of the demanding state, there to remain on file
subject to the provisions of law governing records of the appropriate
court. Upon the receipt of a requisition demanding the return of a
delinquent juvenile who has absconded or escaped, the court or the
executive authority to whom the requisition is addressed shall issue an
order to any peace officer or other appropriate person directing him to
take into custody and detain such delinquent juvenile. Such detention
order must substantially recite the facts necessary to the validity of its
issuance hereunder. No delinquent juvenile detained upon such order
shall be delivered over to the officer whom the appropriate person or
authority demanding him shall have appointed to receive him, unless
he shall first be taken forthwith before a judge of an appropriate court
in the state, who shall inform him of the demand made for his return
and who may appoint counsel or guardian ad litem for him. If the judge
of such court shall find that the requisition is in order, he shall deliver
such delinquent juvenile over to the officer whom the appropriate
person or authority demanding him shall have appointed to receive
him. The judge, however, may fix a reasonable time to be allowed for
the purpose of testing the legality of the proceeding.
Upon reasonable information that a person is a delinquent juvenile
who has absconded while on probation or parole, or escaped from an
institution or agency vested with his legal custody or supervision in any
state party to this compact, such person may be taken into custody in
any other state party to this compact without a requisition. But in such
event, he must be taken forthwith before a judge of the appropriate
court, who may appoint counsel or guardian ad litem for such person
and who shall determine, after a hearing, whether sufficient cause
exists to hold the person subject to the order of the court for such a
time, not exceeding ninety (90) days, as will enable his detention under
a detention order issued on a requisition pursuant to this article. If, at
the time when a state seeks the return of a delinquent juvenile who has
either absconded while on probation or parole or escaped from an
institution or agency vested with his legal custody or supervision, there
is pending in the state wherein he is detained any criminal charge or
any proceeding to have him adjudicated a delinquent juvenile for an act
committed in such state, or if he is suspected of having committed
within such state a criminal offense or an act of juvenile delinquency,
he shall not be returned without the consent of such state until
discharged from prosecution or other form of proceeding,
imprisonment, detention or supervision for such offense or juvenile
delinquency. The duly accredited officers of any state party to this
compact, upon the establishment of their authority and the identity of
the delinquent juvenile being returned, shall be permitted to transport
such delinquent juvenile through any and all states party to this
compact, without interference. Upon his return to the state from which
he escaped or absconded, the delinquent juvenile shall be subject to
such further proceedings as may be appropriate under the laws of that
state.
(b) That the state to which a delinquent juvenile is returned under
this article shall be responsible for the payment of the transportation
costs of such return.
ARTICLE 6─Voluntary Return Procedure
That any delinquent juvenile who has absconded while on probation
or parole, or escaped from an institution or agency vested with his legal
custody or supervision in any state party to this compact, and any
juvenile who has run away from any state party to this compact, who
is taken into custody without a requisition in another state party to this
compact under the provisions of Article 4(a) or of Article 5(a), may
consent to his immediate return to the state from which he absconded,
escaped or ran away. Such consent shall be given by the juvenile or
delinquent juvenile and his counsel or guardian ad litem, if any, by
executing or subscribing a writing, in the presence of a judge of the
appropriate court, which states that the juvenile or delinquent juvenile
and his counsel or guardian ad litem, if any, consent to his return to the
demanding state. Before such consent shall be executed or subscribed,
however, the judge, in the presence of counsel or guardian ad litem, if
any, shall inform the juvenile or delinquent juvenile of his rights under
this compact. When the consent has been duly executed, it shall be
forwarded to and filed with the compact administrator of the state in
which the court is located and the judge shall direct the officer having
the juvenile or delinquent juvenile in custody to deliver him to the duly
accredited officer or officers of the state demanding his return, and
shall cause to be delivered to such officer or officers a copy of the
consent. The court may, however, upon the request of the state to which
the juvenile or delinquent juvenile is being returned, order him to
return unaccompanied to such state and shall provide him with a copy
of such court order; in such event a copy of the consent shall be
forwarded to the compact administrator of the state to which said
juvenile or delinquent juvenile is ordered to return.
ARTICLE 7─Cooperative Supervision of Probationers and Parolees
(a) That the duly constituted judicial and administrative authorities
of a state party to this compact (herein called "sending state") may
permit any delinquent juvenile within such state, placed on probation
or parole, to reside in any other state party to this compact (herein
called "receiving state") while on probation or parole, and the receiving
state shall accept such delinquent juvenile, if the parent, guardian or
person entitled to the legal custody of such delinquent juvenile is
residing or undertakes to reside within the receiving state. Before
granting such permission, opportunity shall be given to the receiving
state to make such investigations as it deems necessary. The authorities
of the sending state shall send to the authorities of the receiving state
copies of pertinent court orders, social case studies and all other
available information which may be of value to and assist the receiving
state in supervising a probationer or parolee under this compact. A
receiving state, in its discretion, may agree to accept supervision of a
probationer or parolee in cases where the parent, guardian or person
entitled to the legal custody of the delinquent juvenile is not a resident
of the receiving state, and if so accepted the sending state may transfer
supervision accordingly.
(b) That each receiving state will assume the duties of visitation and
of supervision over any such delinquent juvenile and in the exercise of
those duties will be governed by the same standards of visitation and
supervision that prevail for its own delinquent juveniles released on
probation or parole.
(c) That, after consultation between the appropriate authorities of
the sending state and of the receiving state as to the desirability and
necessity of returning such a delinquent juvenile, the duly accredited
officers of a sending state may enter a receiving state and there
apprehend and retake any such delinquent juvenile on probation or
parole. For that purpose, no formalities will be required, other than
establishing the authority of the officer and the identity of the
delinquent juvenile to be retaken and returned. The decision of the
sending state to retake a delinquent juvenile on probation or parole
shall be conclusive upon and not reviewable within the receiving state,
but if, at the time the sending state seeks to retake a delinquent juvenile
on probation or parole, there is pending against him within the
receiving state any criminal charge or any proceeding to have him
adjudicated a delinquent juvenile for any act committed in such state
or if he is suspected of having committed within such state a criminal
offense or an act of juvenile delinquency, he shall not be returned
without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment, detention or
supervision for such offense or juvenile delinquency. The duly
accredited officers of the sending state shall be permitted to transport
delinquent juveniles being so returned through any and all states party
to this compact, without interference.
(d) That the sending state shall be responsible under this article for
paying the costs of transporting any delinquent juvenile to the receiving
state or of returning any delinquent juvenile to the sending state.
ARTICLE 8─Responsibility for Costs
(a) That the provisions of Articles 4(b), 5(b), and 7(d) of this
compact shall not be construed to alter or affect any internal
relationship among the departments, agencies and officers of and in the
government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.
(b) That nothing in this compact shall be construed to prevent any
party state or subdivision thereof from asserting any right against any
person, agency or other entity in regard to costs for which such party
state or subdivision thereof may be responsible pursuant to Articles
4(b), 5(b) or 7(d) of this compact.
ARTICLE 9─Detention Practices
That, to every extent possible, it shall be the policy of states party
to this compact that no juvenile or delinquent juvenile shall be placed
or detained in any prison, jail or lockup nor be detained or transported
in association with criminal, vicious or dissolute persons.
ARTICLE 10─Supplementary Agreements
That the duly constituted administrative authorities of a state party
to this compact may enter into supplementary agreements with any
other state or states party hereto for the cooperative care, treatment and
rehabilitation of delinquent juveniles whenever they shall find that such
agreements will improve the facilities or programs available for such
care, treatment and rehabilitation located within any state entering into
such supplementary agreement. Such supplementary agreements shall
(1) provide the rates to be paid for the care, treatment and custody of
such delinquent juveniles, taking into consideration the character of
facilities, services and subsistence furnished; (2) provide that the
delinquent juvenile shall be given a court hearing prior to his being
sent to another state for care, treatment and custody; (3) provide that
the state receiving such a delinquent juvenile in one (1) of its
institutions shall act solely as agent for the state sending such
delinquent juvenile; (4) provide that the sending state shall at all times
retain jurisdiction over delinquent juveniles sent to an institution in
another state; (5) provide for reasonable inspection of such institutions
by the sending state; (6) provide that the consent of the parent,
guardian, person or agency entitled to the legal custody of said
delinquent juvenile shall be secured prior to his being sent to another
state; and (7) make provision for such other matters and details as shall
be necessary to protect the rights and equities of such delinquent
juveniles and of the cooperating states.
ARTICLE 11─Acceptance of Federal and Other Aid
That any state party to this compact may accept any and all
donations, gifts and grants of money, equipment and services from the
federal or any local government, or any agency thereof and from any
person, firm or corporation, for any of the purposes and functions of
this compact, and may receive and utilize the same subject to the terms,
conditions and regulations governing such donations, gifts and grants.
ARTICLE 12─Compact Administrators
That the governor of each state party to this compact shall designate
an officer who, acting jointly with like officers of other party states,
shall promulgate rules and regulations to carry out more effectively the
terms and provisions of this compact.
ARTICLE 13─Execution of Compact
That this compact shall become operative immediately upon its
execution by any state as between it and any other state or states so
executing. When executed it shall have the full force and effect of law
within such state, the form or execution to be in accordance with the
laws of the executing state.
ARTICLE 14─Renunciation
That this compact shall continue in force and remain binding upon
each executing state until renounced by it. Renunciation of this
compact shall be by the same authority which executed it, by sending
six (6) months' notice in writing of its intention to withdraw from the
compact to the other states party hereto. The duties and obligations of
a renouncing state under Article 7 hereof shall continue as to parolees
and probationers residing therein at the time of withdrawal until
retaken or finally discharged. Supplementary agreements entered into
under Article 10 hereof shall be subject to renunciation as provided by
such supplementary agreements, and shall not be subject to the six (6)
months' renunciation notice of the present article.
ARTICLE 15─Severability
That the provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is declared to be
contrary to the constitution of any participating state or of the United
States or the applicability thereof to any government, agency, person
or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state participating
therein, the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state affected as
to all severable matters.
AMENDMENT 1─Runaways
That this article shall provide additional remedies, and shall be
binding only as among and between those party states which
specifically execute the same.
For the purposes of this article, "child," as used herein, means any
minor within the jurisdictional age limits of any court in the home state.
When any child is brought before a court of a state of which such
child is not a resident, and such state is willing to permit such child's
return to the home state of such child, such home state, upon being so
advised by the state in which such proceeding is pending, shall
immediately institute proceedings to determine the residence and
jurisdictional facts as to such child in such home state, and upon
finding that such child is in fact a resident of said state and subject to
the jurisdiction of the court thereof, shall within five (5) days authorize
the return of such child to the home state, and to the parent or custodial
agency legally authorized to accept such custody in such home state,
and at the expense of such home state, to be paid from such funds as
such home state may procure, designate, or provide, prompt action
being of the essence.
AMENDMENT 2─Rendition
(a) This amendment shall provide additional remedies, and shall be
binding only as among and between those party states which
specifically execute the same.
(b) All provisions and procedures of Articles 5 and 6 of the
Interstate Compact on Juveniles shall be construed to apply to any
juvenile charged with being a delinquent by reason of a violation of any
criminal law. Any juvenile charged with being a delinquent by reason
of violating any criminal law shall be returned to the requesting state
upon a requisition to the state where the juvenile may be found. A
petition in such case shall be filed in a court of competent jurisdiction
in the requesting state where the violation of criminal law is alleged to
have been committed. The petition may be filed regardless of whether
the juvenile has left the state before or after the filing of the petition.
The requisition described in Article 5 of the compact shall be
forwarded by the judge of the court in which the petition has been filed.
AMENDMENT 3─Out-of-State Confinement
(a) Whenever the duly constituted judicial or administrative
authorities in a sending state shall determine that confinement of a
probationer or reconfinement of a parolee is necessary or desirable,
said officials may direct that the confinement or reconfinement be in
an appropriate institution for delinquent juveniles within the territory
of the receiving state, such receiving state to act in that regard solely as
agent for the sending state.
(b) Escapees and absconders who would otherwise be returned
pursuant to Article 5 of the compact may be confined or reconfined in
the receiving state pursuant to this amendment. In any such case the
information and allegations required to be made and furnished in a
requisition pursuant to such article shall be made and furnished, but in
place of the demand pursuant to Article 5, the sending state shall
request confinement or reconfinement in the receiving state. Whenever
applicable, detention orders as provided in Article 5 may be employed
pursuant to this paragraph preliminary to disposition of the escapee or
absconder.
(c) The confinement or reconfinement of a parolee, probationer,
escapee, or absconder pursuant to this amendment shall require the
concurrence of the appropriate judicial or administrative authorities of
the receiving state.
(d) As used in this amendment: (1) "sending state" means sending
state as that term is used in Article 7 of the compact or the state from
which a delinquent juvenile has escaped or absconded within the
meaning of Article 5 of the compact; (2) "receiving state" means any
state, other than the sending state, in which a parolee, probationer,
escapee, or absconder may be found, provided that said state is a party
to this amendment.
(e) Every state which adopts this amendment shall designate at least
one (1) of its institutions for delinquent juveniles as a "Compact
Institution" and shall confine persons therein as provided in paragraph
(a) hereof unless the sending and receiving state in question shall make
specific contractual arrangements to the contrary. All states party to
this amendment shall have access to "Compact Institutions" at all
reasonable hours for the purpose of inspecting the facilities thereof and
for the purpose of visiting such of said state's delinquents as may be
confined in the institution.
(f) Persons confined in "Compact Institutions" pursuant to the terms
of this compact shall at all times be subject to the jurisdiction of the
sending state and may at any time be removed from said "Compact
Institution" for transfer to an appropriate institution within the sending
state, for return to probation or parole, for discharge, or for any purpose
permitted by the laws of the sending state.
(g) All persons who may be confined in a "Compact Institution"
pursuant to the provisions of this amendment shall be treated in a
reasonable and humane manner. The fact of confinement or
reconfinement in a receiving state shall not deprive any person so
confined or reconfined of any rights which said person would have had
if confined or reconfined in an appropriate institution of the sending
state; nor shall any agreement to submit to confinement or
reconfinement pursuant to the terms of this amendment be construed
as a waiver of any rights which the delinquent would have had if he had
been confined or reconfined in any appropriate institution of the
sending state except that the hearing or hearings, if any, to which a
parolee, probationer, escapee, or absconder may be entitled (prior to
confinement or reconfinement) by the laws of the sending state may be
had before the appropriate judicial or administrative officers of the
receiving state. In this event, said judicial and administrative officers
shall act as agents of the sending state after consultation with
appropriate officers of the sending state.
(h) Any receiving state incurring costs or other expenses under this
amendment shall be reimbursed in the amount of such costs or other
expenses by the sending state unless the states concerned shall
specifically otherwise agree. Any two (2) or more states party to this
amendment may enter into supplementary agreements determining a
different allocation of costs as among themselves.
(i) This amendment shall take initial effect when entered into by any
two (2) or more states party to the compact and shall be effective as to
those states which have specifically enacted this amendment. Rules and
regulations necessary to effectuate the terms of this amendment may be
promulgated by the appropriate officers of those states which have
enacted this amendment.
[Pre-1997 Recodification Citation: 31-6-10-1 part.]

Legislative History

As added by P.L.1-1997, SEC.20.