Chapter 3.3 Eligibility

​​​​​3.3.1 General Considerations

As noted, because coverage is controlled by reference to the definition of juvenile in the Revised ICJ and its rules, so too eligibility is a broadly defined concept.  In theory, any “juvenile” covered by the Revised ICJ is eligible to transfer supervision without, for example, any consideration of the underlying offense.  Therefore, the Revised ICJ and its rules weigh greatly in the direction of facilitating the transfer of supervision for a juvenile, regardless of the underlying nature of the offense, so long as the juvenile is subject to some form of supervision that is provided by the supervising state for its own juveniles. As one court has noted, the ICJ is to be liberally construed to effectuate the outcome for which it is designed. E.P. v. District Court of Garfield Cty., 696 P.2d 254, 263-64 n.12 (Colo. 1985).  ICJ Rule 4-101(2) defines specific criteria that juveniles must meet to be eligible for a transfer of supervision through the Compact. Specifically, for a juvenile to be eligible for services under the Revised ICJ, the juvenile must fulfill all of the following conditions:

  • is classified as a juvenile in the sending state; and
  • is an adjudicated delinquent, adjudicated status offender, or has a deferred adjudication in the sending state; and
  • is under the jurisdiction of a court or appropriate authority in the sending state; and
  • has a plan inclusive of relocating to another state for a period exceeding ninety (90) consecutive days in any twelve (12) month period; and
  • has more than ninety (90) days or an indefinite period of supervision remaining at the time the sending state submits the transfer request; and
  • will reside with a legal guardian, relative, non-relative or independently, excluding residential facilities; or is a full-time student at an accredited secondary school, accredited university, college, or licensed specialized training program and can provide proof of acceptance and enrollment.

ICJ Rules 4-101(2)(a)-(f) (Interstate Comm’n for Juveniles 2020). Juveniles, who have been accepted as full-time students at an accredited secondary school, or accredited university or college, or state licensed specialized training program and can provide proof of enrollment, shall be considered for supervision by the receiving state. Id. 4-101(2)(f). Such juveniles are eligible, subject to the acceptability of the transfer of supervision plan.  Nothing in the rules mandates that students enjoy special consideration regarding the suitability of the residence.