2018 Rule Amendments Training - PowerPoint Presentation

Slide1

2018 Rule Amendments TrainingRule Amendments Effective - March 1, 2018Slide2

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Chat questions to: Host and Presenter

egoode@juvenilecompact.org

HousekeepingSlide3

2018 Rule Amendments TrainingEffective March 1, 2018Slide4

Deferred Adjudication

Rule 1-101 Definitions:

Deferred Adjudication:

a

court

decision made

by a court

at any point after the filing of a juvenile delinquency or status complaint

that withholds or defers formal judgment and stipulates terms and/or conditions of supervision

and are eligible for transfer.

Rule amended for clarity to better define the term

as it applies to ICJSlide5

Defining the term indicates non-adjudicated juveniles are eligible for ICJ supervision. Non-adjudicated juveniles are not subject to the Compact under the ICJ Rules Section 400; therefore, defining the term is not necessary

.

Rule 1-101 Definitions:

Non-Adjudicated Juveniles

Non-Adjudicated Juveniles

:

all juveniles who are under juvenile court jurisdiction as defined by the sending state, and who have been assigned terms of supervision and are eligible for services pursuant to the provisions of the Interstate Compact for Juveniles

.Slide6

To clarify that runaways can include non-adjudicated and non-status offender juveniles

.

Rule 1-101 Definitions:

Runaways

Runaways: persons within the juvenile jurisdictional age limit established by the home state who have voluntarily left their residence without permission of their legal guardian or custodial agency

but who may or may not have been adjudicated.Slide7

Question 1

Are non-adjudicated juveniles subject to supervision under the Compact?Slide8

Answer 1

No.

However, non-adjudicated “runaway” juveniles are returned via the Compact.Slide9

Paragraph 10 shall is the appropriate term rather than must Paragraph 10(d) was deleted as it is repetitive to the language in 10(a).

Rule 2-103:

Adoption of Rules and Amendments

10. Upon determination that an emergency exists, the Commission may promulgate an emergency rule or amendment that shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. An emergency rule or amendment is one that

must

shall

be made effective immediately in order to:

Meet an imminent threat to public health, safety, or welfare;

b. Prevent a loss of federal or state funds;

or

c. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule

; or

.

d. Protect human health and the environment

.Slide10

Communication Requirements Between States

Rule 2-104:

2. Communication may occur between local jurisdictions with the prior approval of the ICJ Offices in both states. A summary of communication

must

shall

be provided to the ICJ Office

and documented in the electronic data system.

Shall

is the appropriate term rather than

mustSlide11

Victim Notification

Rule amended for clarity and consistency.

Paragraph 2 –

shall

is the appropriate term rather than

must

.

Rule 2-105:

2. When the sending state will require the assistance of the supervising person in the receiving state to meet these requirements, the sending officer shall clearly document such in the initial packet using the Victim Notification Supplement Form. The Victim Notification Supplement Form shall include the specific information regarding what will be required and the timeframes for which it

must

shall

be received.Slide12

Request for Juvenile Information

A

new rule proposed to address in the rules requests for information

regarding

a juvenile who may be subject to the compact.

New Rule 2-106:

Upon request by a member state ICJ Office, other member state ICJ Offices may share information regarding a juvenile who crosses state lines to determine if they are or may be subject to the ICJSlide13

Question 2

With

prior approval of both state Compact offices, a summary of local jurisdiction

communications . . . Must

be provided to the ICJ office and documented in

JIDS.

Shall

be provided to the ICJ office and documented in

JIDS.

Is

not addressed in the rules, but a good business practice.Slide14

Answer 2

B.

Shall be provided to the ICJ office and

documented in JIDS.

Slide15

Sending and Receiving Referrals

Clarify the expectation that supervision has been approved prior to

arrival.

Rule 4-102

2. The sending state shall maintain responsibility until supervision is accepted by, and the juvenile has arrived in, the receiving state.

a. State Committed (Parole) Cases –

When transferring a juvenile parolee, the sending state shall not allow the juvenile to transfer to the receiving state until the sending state’s request for transfer of supervision has been approved, except as described in 4-102

(2)(a)(ii).Slide16

Sending and Receiving Referrals

Clarify what constitutes the completion of the Form IA/VI by adding exception language in the rules that the juvenile’s signature may be left blank when the juvenile has already relocated

Rule 4-102

3. The sending state shall forward additional documentation, if available, at the request of the receiving state. The receiving state shall not delay the investigation pending receipt of the additional documentation.

If the juvenile is already residing in the receiving state, the receiving state shall obtain the juvenile’s signature on the Form IA/VI Application for Services and Waiver.Slide17

Authority to Accept/Deny Supervision

Clarify and consistency regarding the notification and return within five business days and to clarify that the time frame refers to the return not the arranging of travel.

Rule 4-104

6. If the transfer of supervision in the receiving state is denied, the sending state shall

make transportation arrangements for the

return

of it’s

the

juvenile within five (5) business days.

This time period may be extended up to an additional five (5) business days with approval

from both ICJ offices.Slide18

Question 3

Receiving states shall obtain the juvenile’s signature on the Form IA/VI when:

Juvenile is already in the receiving state

Juvenile’s parent/legal guardian remains in the sending stateAll else failsSlide19

Answer 3

Juvenile is already in the receiving stateSlide20

Reporting Juvenile Non-Compliance,

Failed Supervision and Retaking

Clarify that there be a response when a revocation or discharge is being recommended.

Rule 5-103

2. The sending state shall respond to a

violation

report

in which a revocation or discharge is recommended

of a violation made

by the receiving state no later than ten (10) business days following receipt by the sending state. The response shall include the action to be taken by the sending state, which may include continue supervision, and the date that action will

occur.Slide21

Reporting Juvenile Non-Compliance,

Failed Supervision and Retaking

3(d) amended to be consistent with the return within five business day’s language in other sections of the rules.

3(e) moved to Section 700

Rule 5-103

3.d. The sending state shall return the juvenile in a safe manner, pursuant to the ICJ Rules, within five (5) business days. This time period may be extended

up to an additional

five (5) business days

with the approval from both ICJ Offices.

e. The officer of the sending state shall be permitted to transport delinquent juveniles

being returned through any and all states party to this Compact, without interference.Slide22

Reporting Juvenile Non-Compliance,

Failed Supervision and Retaking

New language consistent with the language as proposed in Rule 4-104

Language removed to clarify that the time frame refers to

the return

NOT

the travel arrangements

.

Rule 5-103

4. Upon request from the receiving state, the sending state’s ICJ Office shall

facilitate transportation arrangements for the

return

of

the juvenile

(s)

within five (5) business days in accordance with these rules when:

b. The juvenile is not residing with a legal guardian and that person requests the juvenile be removed from his/her home. The sending state shall secure alternative living arrangements within five (5) business days or the juvenile shall be returned. This time period may be extended

up to an additional five (5) business days

with the approval from

both ICJ Offices.Slide23

Closure of Cases

New paragraph adds clarity that receiving states may

close a supervision case when the juvenile is admitted for a long term

stay (90+ days) in a residential facility. Additionally the rule addresses how

to reopen supervision upon

the juvenile’s release

.

Rule 5-104

6.

The receiving state may close the supervision case upon notification that the juvenile has been admitted to a residential facility for a planned stay in excess of ninety (90) calendar days

.

Upon release from the facility, if the juvenile remains on supervision within the sending state and meets eligibility requirements, the sending state shall submit a new referral.Slide24

Question 4

Sending states shall respond to a violation report in which a revocation or discharge is recommended within:

5 business days

10 business days30 calendar days Slide25

Answer 4

(b) 10 business daysSlide26

Question 5

How many days constitutes a long term stay in a residential facility to warrant case closure:

90 days

3 months

90

calendar days Slide27

Answer 5

(c) 90

calendars daysSlide28

Non-Voluntary Return of Runaways and/or Accused Status Offenders

Amended for clarity and consistency – shall is the appropriate term

rather than must

.

Rule 6-103

3

.

When the juvenile is a runaway and/or an accused status offender, the legal guardian or custodial agency

must

shall

petition the court of jurisdiction in the home/demanding state for a requisition. When the juvenile is already in custody, this shall be done within sixty (60)

calendar days of notification of the juvenile’s refusal to voluntarily retur

n.Slide29

Non-Voluntary Return of Runaways and/or Accused Status Offenders

The information was relocated to Section 700.

Rule 6-103

10 The duly accredited officers of any compacting state, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this Compact, without interference.Slide30

Non-Voluntary Return of Escapee, Absconder or Accused Delinquent

Amended to be consistent with the return within five business days language in other sections of the rules

.

Rule 6-103A

Requisitioned juveniles shall be accompanied in their return to the demanding state unless both ICJ Offices determine otherwise. Juveniles shall be returned by the demanding state within five (5) business days of the receipt of the order granting the requisition. This time period may be extended

up to an additional five (5) business days

with approval from both ICJ Offices.Slide31

Non-Voluntary Return of Escapee, Absconder or Accused Delinquent

The information was relocated to Section 700.

Rule 6-103A

10. The duly accredited officers of any compacting state, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this Compact, without interference. Slide32

Question 6

True or False?

Juveniles shall be returned by the demanding state within 5 business days of the receipt of the order granting the requisition

.Slide33

Answer 6

True.

However, the time frame may be extended an additional 5 business days with approval from both ICJ Compact offices.Slide34

Financial Responsibility

Amended to be

consistent with the return within five business days language in other sections of the rules

.

Rule 7-101

1.

The home/demanding/sending state shall be responsible for the costs of transportation, for making transportation arrangements and for the return of juveniles within five (5) business days of being notified by the holding state's ICJ Office that the juvenile's due process rights have been met. This time period may be extended

up to an additional five (5) business days

with the approval from both ICJ Offices.Slide35

Financial Responsibility

Amended for clarity that the holding states are not eligible for reimbursement for the cost of transporting juveniles

.

Rule 7-101

2. The holding state shall not be reimbursed for detaining

or transporting

juveniles unless the home/demanding/sending state fails to effect the return of its juveniles accordance with these rules.Slide36

Charges Pending in Holding/Receiving State

Amended to

provide that charges be resolved unless both states’ courts and ICJ Offices consent to the return

.

Rule 7-103

Juveniles shall be returned only

after charges are resolved when pending charges exist in the holding/receiving states unless

with the

consent

is given by

of

the holding/receiving

and demanding/sending

states

’ courts and ICJ Offices.

or after charges are resolved when pending

charges exist in the holding/receiving states

.Slide37

Warrants

Amended for clarity regarding the jurisdiction and location

.

Rule 7-104

All warrants issued for juveniles

subject to the Compact

under ICJ jurisdiction

shall be entered into the National Crime Information Center (NCIC) with a nationwide pickup radius with no bond amount set.

Holding states shall honor all lawful warrants as entered by other states and

shall, no later than

within

the next business day

,

notify the ICJ Office in the home/demanding/sending state that the juvenile has been placed in custody pursuant to the warrant. Upon notification, the home/demanding/sending state shall issue a detainer or provide a copy of

the warrant to the holding state.Slide38

Warrants

Amended for clarity. Language was misleading regarding the return of a juvenile when a warrant is issued

.

Rule 7-104

3. Within two (2) business days of notification, the home/demanding/sending state shall inform the holding state whether the home/demanding/sending state intends to

withdraw the warrant

have the juvenile returned

.

Withdrawal of the warrant does not negate the home/demanding/sending state’s responsibility to return the juvenile under other applicable rules

.Slide39

Transportation

The information regarding the

authority to transport juveniles through any and all states party to this Compact without interference

relocated here.

Rule 7-106

7. The duly accredited officers of any compacting state, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport

such juvenile through any and all states party to this Compact, without interference.Slide40

Question 7

True or False?

Section 700 of the ICJ Rules houses rules applicable to both supervision and returns.Slide41

Answer 7

True.

In 2015 the ICJ rules were reorganized and rather than duplicate the rules in both sections 500 and 600. Section 700 was added to house the rules that

appy to both.Slide42

Travel Permits

Rule continued on the next slide

Rule 8-101

1. All travel permits shall be submitted prior to the juveniles travel. Travel permits shall be mandatory for the following juveniles traveling out-of-state for a period in excess of twenty- four (24) consecutive hours

who meet the criteria set forth in 1(a) or 1(b)

:

a.

Juveniles who have been adjudicated

and are on supervision

for

one of the following

:

i

. sex-related offenses;

ii. violent offenses that have resulted in personal injury or

death;

or

iii. offenses committed with a weapon;

.Slide43

Travel Permits

Paragraph 1 amended to clarify the juvenile has to meet

either (a) or (b)

;

not both.

Rule 8-101

b.

Juveniles who are

one of the following

:

i

. state committed;

ii. relocating pending a request for transfer of supervision,

and who are subject to the terms of the Compact;

iii. returning to the state from which they were transferred for

the purposes of visitation;

iv. transferring to a subsequent state(s) with the approval of the

original sending state;

or

v. transferred and the victim notification laws, policies and

practices of the sending and/or receiving state require

notification.Slide44

Travel Permits

Paragraph 2 amended to clarify the juvenile is going to a residential facility.

Rule 8-101

2. Juveniles

traveling to

placed in

a

residential facilit

y

ies

for placement

shall be excluded from this rule; however, states may elect to use the Form VII Out-of-State Travel Permit and

Agreement to Return for notification purposes.Slide45

Question 8

Is the Travel Permit Form required for juveniles traveling to residential treatment facilities?Slide46

Answer 8

No.

However, states may elect to use the

Travel Permit Form for notification purposes.Slide47

Q & A

ConclusionSlide48

ICJ National Office836 Euclid Avenue ~ Suite 322

Lexington KY 40502

(859) 721-1062www.juvenilecompact.org

egoode@juvenilecompact.org

Survey and Completion Certificate

For further questions you may email:

Jeff Cowger - jeff.cowger@ks.gov

Chuck

Frieberg - Charles.Frieberg@ujs.state.sd.us

Anne

Connor - Anne.Connor@idjc.idaho.gov

Contact Information