Please note, this document is not a policy or procedure, but simply a reference to assist states when dealing with this type of case.
Issue
ICJ Rule 7-104(4) states: “When a juvenile is in custody pursuant to a warrant issued by a juvenile court, the holding state shall not release the juvenile in custody on bond.” While this Rule seems very clear at first glance, issues arise regarding how the rule should be applied when the juvenile is subject to ICJ due to a pending out-of-state juvenile warrant, but also has pending charges issued by an adult court in the holding state.
Given that adult matters often take longer to resolve, denying such juveniles the ability to post bail/bond may subject them to long periods of detainment. This is of particular concern when the adult charges are for a non-violent, non-sexual matter. State and local stakeholders must be mindful of the potential impact of long periods of detainment on juveniles, and work together toward timely resolution.
Guidance
To promote timely resolution, the holding state ICJ Office should maintain communication with the holding state adult authorities, including the prosecutor, jail, and court. It is important to ensure adult authorities are aware of the pending juvenile matter, and the ICJ Office is informed of all proceedings related to the adult matter.
In some states, the ICJ Office may not routinely communicate with adult authorities. In such cases, the holding state’s Interstate Commission for Adult Offender Supervision (ICAOS) Office may be able to assist by providing contact information for prosecutors, jail personnel, or other adult system stakeholders. Information about state ICAOS offices is available at www.InterstateCompact.org.
If the holding state adult authorities give consent to release the juvenile from custody, ICJ return procedures should be followed. The juvenile may be released on the adult matter pursuant to bail with authorization to leave the holding state, release on recognizance, dismissal of charges, or other legal procedure.
Considerations for ICJ Offices and Courts
- Does the juvenile and their family have the financial means/resources to come back for future court hearings in the holding state?
- What is the likelihood that the juvenile will be facing detention or commitment time upon their return to the home/demanding state? Could that prevent the juvenile from attending future court hearings in the holding state on their adult charge(s)?
- If the juvenile returns to the home/demanding state, and especially if the juvenile will be serving detention or commitment time in the home/demanding state, will the juvenile have access to their attorney in the holding state regarding the pending adult case?