New Violations in the Receiving State
Nothing in the ICJ prohibits officials in a receiving state from filing new charges against a juvenile for actions committed in that state. For example, if a juvenile whose supervision was transferred commits an act of delinquency in the receiving state, that juvenile is subject to new charges in the receiving state. The juvenile has (a) violated the terms and conditions of supervision set by officials in the sending state; and (b) committed a new juvenile delinquency act in the receiving state that constitutes a new offense, not merely the violation of supervision. The fact that a juvenile’s supervision is transferred under the ICJ does not mean that the juvenile is exempt from complying with the laws of the receiving state. While the courts of the receiving state may not modify the terms and conditions of the sending state’s dispositional order, and the juvenile continues to be subject to the jurisdiction of a sending state’s court, a juvenile transferred under the ICJ is also subject to the jurisdiction of the receiving state. As such, a juvenile who commits new offenses in the receiving state may be charged in that state without violating or interfering in the jurisdiction of the sending state. Officials in a receiving state thus have two possible courses of action: (a) request that the sending state return the juvenile for violating the terms and conditions of probation or parole; or (b) advise the sending state that they intend to proceed with new charges in the receiving state.