Supervision of a juvenile sex offender (JSO) 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 chart below shows a summary of the timelines associated with Parolees and Probationers seeking a transfer of supervision.
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 has the discretion to hold the youth at a location it deems appropriate.
The holding state generally has the discretion to determine the location at which runaways and accused status offenders should be held. However, those who are a danger to themselves or others must be detained in secure facilities until returned by the home/demanding state.
“Runaway” is defined as persons within the juvenile jurisdictional age limit established by the home state who (1) have voluntarily left their residence without permission of their legal guardian or custodial agency or (2) refuse to return to their residence as directed by their legal guardian or custodial agency, but who may or may not have been adjudicated. The ICJ applies to runaways exclusively in the context of returning them to the state where the legal guardian resides.
States are not specifically obligated to provide counsel in court. However, a court may appoint counsel or a guardian ad litem and frequently do so for requisition hearings in non-voluntary returns where there is a warrant pending, i.e. for accused delinquents, absconders, and escapees.
The juvenile or juvenile’s family makes restitution payments directly to the adjudicating court or agency in the sending state. Supervising officers in the receiving state shall encourage the juvenile to make regular payments in accordance with the court order of the sending state. The sending state shall provide the specific payment schedule and payee information to the receiving state.
Although juveniles are not entitled to all of the due process procedures provided in an ordinary criminal trial, they are entitled to receive sufficient due process to ensure fair treatment. Therefore, due process requirements for young people subject to the ICJ vary greatly depending upon whether they are being returned due to a warrant, as an accused delinquent, probation/parole absconder, or escapee; being retaken after a transfer of supervision; or being returned as runaway. Hearing requirements for each case type are outlined in the relevant ICJ Rules.
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.
Juveniles eligible for ICJ must fulfill ALL of the following conditions: