Secure Detention

Probation/parole absconders, escapees or accused delinquents who have an active warrant shall be detained in secure facilities until returned by the home/demanding state. In the absence of an active warrant, the holding state shall have the discretion to hold the juvenile at a location it deems appropriate.

Runaways and accused status offenders who are a danger to themselves or others shall be detained in secure facilities until returned by the home/demanding state. The holding state shall have the discretion to hold runaways and accused status offenders who are not a danger to themselves or others at a location it deems appropriate.

While the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) generally prohibits placing status offenders in custody, the JJDPA clearly provides an exemption for secure detention for out-of-state runaway youth held under the ICJ. Pursuant to a Memorandum issued by OJJDP, May 12, 2010, “Juveniles held pursuant to the Interstate Compact for Juveniles enacted by the state are excluded from the DSO (deinstitutionalization of status offenders) requirements in total.”

Juveniles held in detention, pending non-voluntary return to the demanding state, may be held for a maximum of 90 calendar days. The home/demanding state's office shall maintain regular contact with the authorities preparing the requisition to ensure accurate preparation and timely delivery of said documents to minimize detention time.

 

References:

ICJ Rule 6-103

42 U.S.C. 5633(a)(11) (JJDPA Deinstitutionalization of Status Offender (DSO) Provision)

ICJ Bench Book: Appendix VI (OJJDP Memorandum)

ICJ Bench Book: Chapter 4 Section 4.5.2

Advisory Opinion 04-2011

Whitepaper, October 2013