Article IV, Section 2 of the U.S. Constitution, known as the Extradition Clause, sets forth the general provisions for the interstate extradition of individuals charged with crimes. Procedures for implementing the Extradition Clause are typically governed by the Uniform Criminal Extradition Act (UCEA). However, states created the ICJ to provide an alternative to traditional extradition that is more appropriate for young people. Under the ICJ, young people are “returned” pursuant to ICJ Rules 6-101 to 7-107. Courts have held that an interstate compact authorized by Congress relating to interstate apprehension and retaking of offenders without formalities and without compliance with extradition laws does not violate due process of law.
In ICJ “returns,” all youths are offered the opportunity to voluntarily agree to return and waive their rights to additional due process protections. The Form III, Consent for Voluntary Return of Out of State Juvenile, must be used to document their agreement. If the youth does not voluntarily agree, the requisition process must be used.
In some cases, juveniles whose probation/parole supervision has been transferred must relocate or be returned due to violations or other circumstances. If the initial ICJ Form VI, Application for Services and Waiver, has the appropriate signatures, the youth may be returned without further judicial proceedings.
References:
ICJ Bench Book: Chapter 4 Section 4.1
ICJ Rules 5-103, 5-103A, Section 600 Rules, and Section 700 Rules