Can a parolee or sex offender relocate to another state prior to acceptance of supervision?

A juvenile parolee or sex offender may not relocate to another state before the receiving state accepts the supervision case. The only exception to this rule is when no legal guardian remains in the sending state but a legal guardian is in the receiving state. The sending state may issue a travel permit for immediate travel to the receiving state and may request that the receiving state expedite the transfer. The receiving state may not deny the transfer of supervision in this circumstance; however, it may choose not to expedite the case. For more information, see Rule 4-102.

Does the holding state or the home state fill out the Form III?

For a voluntary return of an out-of-state juvenile, the holding state fills out the Form III. The juvenile may sign an adult waiver if he/she has reached the age of majority in the holding state. View the Age Matrix to determine the age of majority in each member state.

Does the home/demanding or holding state accompany a juvenile being returned?

The home/demanding/sending state is responsible for returning the juvenile. If the home/demanding/sending state’s ICJ Office determines that a juvenile is considered a risk to harm him/herself or others, the juvenile shall be accompanied on the return to the home/demanding/sending state.

Holding/receiving states are responsible for transporting juveniles to local airports or other means of public transportation, as arranged by the home/demanding/sending state. Duly accredited officers of any compacting state are permitted to transport juveniles through any compacting state without interference.

If the juvenile is traveling by air, he/she shall be supervised from arrival to departure. All states shall provide supervision and assistance to unescorted juveniles at intermediate airports, in route to the home/demanding/sending state. The home/demanding/sending state shall give states providing supervision a minimum of 48 hours advance notice.

Does the ICJ apply to the interstate transfer of supervision of delinquent juveniles, under juvenile jurisdiction in the sending state, who are placed in an out-of-state private residential treatment facility?

Juveniles placed in residential treatment facilities are not eligible for transfer or return of supervision under the terms of the compact, according to Rule 4-101(2)(f).

How many days can a juvenile be held in a secure facility before a hearing?

 Detained juveniles who are pending a non-voluntary return may be held for a maximum of 90 calendar days. If the juvenile is a non-delinquent runaway, the parent/legal guardian or custodial agency must petition the court of jurisdiction in the home/demanding state for a requisition. If the parent or guardian refuses to initiate a requisition, the appropriate authority in the home/demanding state shall initiate the process.

If the juvenile is an absconder, escapee, or accused of being delinquent, the appropriate authority in the appropriate court initiates the requisition process. A hearing in the state where the juvenile is located shall occur within 30 calendar days of receipt of a requisition.

If a juvenile has to register as a juvenile sex offender, will they remain on the registry once they become an adult?

Each state has differing laws regarding juvenile sex offenders. For more information, please view the Juvenile Sex Offender Matrix.

If a juvenile is not required to register as a sex offender in the sending state, but is required to register in the receiving state, do I enter them into UNITY as a juvenile sex offender?

The ICJ Rules define a juvenile sex offender as “a juvenile having been adjudicated for an offense involving sex or of a sexual nature as determined by the sending state or who may be required to register as a sex offender in the sending or receiving state.” Therefore, the juvenile is entered into UNITY as a sex offender.

Is there a protocol to follow for juveniles going on a cruise or study-abroad trip out of U.S.?

 The Interstate Compact for Juveniles only applies to states that are party to the compact.

What is a “requisition”?

A requisition is a written demand for the return of a non-delinquent runaway, probation or parole absconder, escapee, or accused delinquent.

What situations require the return of a juvenile?

When a non-delinquent juvenile runs away to another state; a delinquent juvenile escapes, absconds, or flees to another state; or a juvenile under Compact supervision has a failed transfer.

Who is responsible for costs and travel arrangements for returning a juvenile?

The home/demanding state is responsible for costs of transportation and for making travel arrangements.