As discussed throughout this Bench Book, juveniles, and especially juveniles under supervision, do not enjoy a free right of travel. E.g., In re Antonio R., 93 Cal. Rptr. 2d 212, 215 (Cal. Ct. App. 2000) (holding that the ICJ accords juvenile court broad discretion to restrict travel, which does not “impermissibly burden” the juvenile’s constitutional rights). Consequently, the Revised ICJ has put into place special rules governing travel. ICJ Rule 8-101 governs the issuance of travel permits, which are designed to promote public safety and keep track of juveniles under supervision. Travel permits are mandatory for juveniles traveling out-of-state for a period in excess of twenty-four (24) consecutive hours who meet the criteria set forth in 1(a) or 1(b):
- Juveniles who have been adjudicated and are on supervision for:
- Sex-related offenses;
- Violent offenses that have resulted in personal injury or death; or
- Offenses committed with a weapon;
- Juveniles who are one of the following:
- State committed;
- Relocating pending a request for transfer of supervision and who are subject to the terms of the Compact;
- Returning to the state from which they were transferred for the purposes of visitation;
- Transferring to a subsequent state(s) with the approval of the original sending state; or
- Transferred and the victim notification laws, policies and practices of the sending and/or receiving state require such notification;
A travel permit cannot exceed ninety (90) calendar days. When a Travel Permit exceeds thirty (30) calendar days, the sending state shall provide specific reporting instructions for the juvenile to maintain contact with the supervising agency.
Out of state travel for a juvenile under Compact supervision is at the discretion of the supervising person in the receiving state. If the sending state wishes to retain authority to approve travel, it shall be done so by notifying the supervising state in writing. When the sending state retains authority to approve travel permits, the receiving state shall request and obtain approval prior to authorizing the juvenile’s travel. See ICJ Rules 8-101(4) (Interstate Comm’n for Juveniles 2020).
The sending state’s supervising officer is responsible for victim notification in accordance with the laws and policies of that state. The sending and receiving state will collaborate to assure that the legal requirements of victim notification are met and that the necessary information is exchanged to meet the sending state’s obligation. See ICJ Rules 8-101(5).
For more discussion regarding victim notification requirements, see discussion infra Chapter 3, section 7.