ICJ Business Records as Evidence
While courts may request testimony from out-of-state personnel to corroborate the alleged violations, state courts generally lack jurisdiction to require testimony from someone in another state. Therefore, admission of reliable “business records” available through the Commission’s UNITY data management system can be critical.
UNITY is the Uniform Nationwide Interstate Tracking for Youth data management system created by the Interstate Commission to support the implementation of the ICJ. Data from the UNITY system can provide the evidence needed in hearings pertaining to the transfer or return of a juvenile subject to the ICJ, and is admissible pursuant to the “business records exception” to the “hearsay rule” that allows for such records to be admitted into evidence.
At the heart of the “business records exception” is a concern with trustworthiness; and the requirements in FRE 803(6) exist to ensure that the records are in fact trustworthy. State ICJ personnel can work in conjunction their agency’s legal advisor to ensure that the requirements outlined above are met and data from the UNITY system can provide the evidence needed in hearings pertaining to the transfer or return of a juvenile subject to the ICJ. See Interstate Comm’n for Juv., “Use of ICJ Records Rather Than Testimony,” (2021).
Additionally, the ICJ Commission developed the UNITY system in compliance with the mandates of the ICJ statute and duly authorized rules, as well as the FBI’s Criminal Justice Information Services (CJIS) Security Policy. Therefore, the use of UNITY is permitted pursuant to the HIPAA exemptions with respect to both Personal Identifiable Information (PII) as well as Personal Health Information (PHI). See ICJ Ad. Op. 01-2021 (Interstate Comm’n for Juv., 2021).