Transferring Juvenile Sex Offenders

A juvenile sex offender’s supervision may be transferred to another state, which is obligated upon acceptance to supervise the juvenile under the same standards it applies to in-state sex offenders. Among the key requirements are the following:

  • The sending state shall not allow a juvenile sex offender to transfer to the receiving state until the sending state’s request to transfer supervision has been approved or the receiving state has issued reporting instructions.
  • When it is necessary for a juvenile sex offender to relocate out of state with a legal guardian prior to the acceptance of supervision, under the provision of Rule 4-102(2)(a), the sending state shall determine if the circumstances of the juvenile’s immediate relocation justify the use of a travel permit, including consideration of the appropriateness of the residence.
  • The sending state must provide an approved travel permit along with a written explanation as to why ICJ procedures for submitting the referral could not be followed.
  • Within five (5) business days of receipt of the travel permit, the receiving state advises the sending state of applicable registration requirements and/or reporting instructions.
  • The sending state maintains responsibility until supervision is accepted in the receiving state. The receiving state shall have the authority to supervise the juvenile pursuant to reporting instructions from the receiving state.
  • In conducting home evaluations for juvenile sex offenders, the receiving state shall ensure compliance with local policies or laws to issuing reporting instructions. If the proposed placement is unsuitable, the receiving state may deny acceptance.
  • A juvenile sex offender must abide by the offender registration laws of the receiving state, including felony or sex offender registration requirements, notifications, and DNA 18 testing. A juvenile sex offender who fails to register is subject to the laws of the receiving state.

 

References:

ICJ Bench Book: Section 3.6.6

Advisory Opinion 03-2011