All Advisory Opinions At-A-Glance

Any state may submit an informal written request to the Executive Director for assistance in interpreting the rules of this compact. The Executive Director may seek the assistance of legal counsel, the Executive Committee, or both, in interpreting the rules. The Executive Committee may authorize its standing committees to assist in interpreting the rules. Interpretations of the rules shall be issued in writing by the Executive Director or the Executive Committee and shall be circulated to all of the states.

Disclaimer: Advisory Opinions are written in accordance with how a Rule is currently drafted. They are not intended for speculation or to encompass all scenarios, but are a legal interpretation of a Rule(s).

 

03-2019
Rule(s):
7-102, 7-104
Date Issued:
Requester:
Kentucky
At Issue:

Can a person subject to a juvenile warrant be released on bond when he is considered an adult under the laws of the demanding and holding states based on the age of majority?

Finding:

Unless and until the home/demanding/sending state has withdrawn the warrant, the holding state must hold the juvenile in custody without bond pursuant to ICJ Rule 7-102 (4).

2-2019
Rule(s):
6-102
Date Issued:
Requester:
Maine
At Issue:

State’s obligation to inform juvenile that s/he may not be returned to home state and whether the Form III may be withdrawn.

Finding:

There is no affirmative requirement under the applicable ICJ Rules (6-102) to inform the youth that a return may be to a treatment facility rather that the home state. However, the court, at a hearing on the matter, has the duty to inform the juvenile of his/her due process rights under ICJ Rule 6-102 (5). Consistent with that process, it seems consistent that the juvenile should at least be put on notice that he/she may be returned to a treatment facility rather than the home state. If the juvenile refuses to sign the Form III then the procedures for a Non-Voluntary Return could be applied under ICJ Rule 6-103 for Non-Voluntary Returns.


Based upon the fact that a juvenile is entitled to be informed of his/her due process rights under ICJ Rule 6-102 (5), it is consistent that a juvenile who learns that he/she will not be returned to the home state should be afforded the opportunity to withdraw their consent to voluntary return under ICJ Rule 6-102. In that case, the procedures under ICJ Rule 6-103 could be applied.

1-2019
Rule(s):
6-102(2)
Date Issued:
Requester:
Minnesota
At Issue:

In the absence of a warrant, what would appropriately authorize a holding state to hold a juvenile

Finding:

ICJ Rule 6-102(2) provides the authority to hold an absconder, escapee, or accused delinquent, even in absence of a warrant. 

5-2018
Rule(s):
1-101, 6-103
Date Issued:
Requester:
Executive Committee
At Issue:

Does the ICJ apply to a juvenile who leaves home with permission of the guardian, but refuses to return when the guardian directs?

Finding:

The ICJ applies to a juvenile who leaves home with permission of the guardian, but refuses to return when the guardian directs.

4-2018
Rule(s):
5-101(7), 6-102
Date Issued:
Date Revised:
Requester:
Executive Committee
At Issue:

Whether a person should be returned as a juvenile when being detained as a juvenile in the holding state, but has an outstanding warrant from an adult court in the home state.

Finding:

When an out-of-state juvenile is being detained as a juvenile in the holding state and has an outstanding adult warrant in the demanding state, the Compact should be applied if the person is classified as a juvenile in the home/demanding state. In such cases, the juvenile should be returned to the home/demanding/sending state as a juvenile. 

3-2018
Rule(s):
7-104
Date Issued:
Requester:
ICJ Executive Committee
At Issue:

Whether ICJ Rule 7-104 requires a home/demanding state to return a juvenile being held on a warrant even if the warrant has been withdrawn and whether state confidentiality laws prohibit entry of warrants issued for juveniles subject to the Compact into NCIC.

Finding:

ICJ Rule 7-104 is a mandatory obligation placed upon the home/demanding/sending state to return a juvenile being held on a warrant even if the warrant has been withdrawn. However, there may be situations in which a return is not possible. 

With respect to the issue of whether confidentiality laws prohibit the issuance of warrants for juveniles subject to the ICJ into NCIC, the answer is “no”.