2017 Proposed Rule Amendments - PowerPoint Presentation

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2017 Proposed Rule Amendments

RULES COMMITTEE CHAIR ~ Julie Hawkins (MO)EAST Edwin Lee, Jr. (NJ) WEST Alicia Ehlers (ID)MIDWEST Jeff Cowger (KS) SOUTH Judy Miller (AR)

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2017 Rule Proposals

The 2017 Rule Proposals will be presented for vote during the

2017 General Session

Please BRING the Training Booklet

To the General Session tomorrow

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2017 Rule Proposals

Section 100 : Definitions

Presenter: Alicia Ehlers (ID)

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Deferred AdjudicationJustification:Rule amended for clarity to better define the term as it applies to ICJ.

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

.

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Non Adjudicated Juveniles Justification:Definition recommended for deletion from the ICJ Rules in its entirety. Defining the term indicates non-adjudicated juveniles are eligible for ICJ supervision and 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

:

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

.

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Runaways Justification:To clarify that runaways can include non-adjudicated and non-status offender juveniles.

Rule 1-101 Definitions

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.

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2017 Rule Proposals

Section 200: General Provisions

Presenter: Alicia Ehlers (ID)

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Adoption of Rules and AmendmentsJustification: Paragraph 10 shall is the appropriate term rather than mustParagraph 10(d) was deleted as it is repetitive to language in 10(a).

Rule 2-103

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:

a. 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.

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Communication Requirements Between States Justification:Rule amended for clarity and consistency.Paragraph 2 – shall is the appropriate term rather than must.

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.

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Victim Notification Justification: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.

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Request for Juvenile InformationJustification:A new rule proposed to address in the rules requests for information regarding a juvenile who may be subject to the compact.

Rule NEW 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 ICJ.

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2017 Rule Proposals

Section 400: Transfer of Supervision

Presenter: Judy Miller (AR)

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Sending and Receiving ReferralsJustification: 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).

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Sending and Receiving ReferralsJustification: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.

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Authority to Accept / Deny SupervisionJustification:Clarity 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.

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2017 Rule Proposals

Section 500: Supervision in Receiving State

Presenter: Judy Miller (AR)

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Reporting Juvenile Non-Compliance, Failed Supervision and RetakingJustification: Paragraph 2 – provide a response when revocation/action is requested.

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.

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Reporting Juvenile Non-Compliance, Failed Supervision and RetakingJustification: Paragraphs 3(d) and 4(b) – consistent with the return within five business day’s language in other sections of the rules.Paragraph 3(e) – move the information regarding of the authority to transport juveniles through any and all states party to this Compact without interference to Section 700 Additional Return Requirements for Sections 500 and 600. This action aligns to the re-organization criteria to put rules regarding both Sections 500 and 600 into one place rather than inclusion in both places.

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.

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Reporting Juvenile Non-Compliance, Failed Supervision and RetakingJustification:Paragraph 4 – consistent with the language as proposed in Rule 4-104; to clarify 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.

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Closure of CasesJustification:Added a new paragraph (#6) to clarify that receiving states may close a supervision case when the juvenile is admitted for a long term stay in a residential facility and how to handle 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.

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2017 Rule Proposals

Section 600: Voluntary and Non-Voluntary Return of Juveniles / Runaways

Edwin Lee, Jr. (NJ)

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Non-Voluntary Return of Runaways and/or Accused Status OffendersJustification:Rule amended for clarity and consistency. Paragraph 3 – 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 return.

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Non-Voluntary Return of Runaways and/or Accused Status OffendersJustification:Paragraph 10 – relocate the information regarding the authority to transport juveniles through any and all states party to this Compact without interference to Section 700. This action aligns to the re-organization of the rules approved in 2015 that rules regarding both Sections 500 and 600 into one place rather than inclusion in both places.

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.

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Non-Voluntary Return of an Escapee, Absconder or Accused DelinquentJustification:Paragraph 9 consistent with the return within five business days language in other sections of the rules.

Rule 6-103

A

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.

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Non-Voluntary Return of an Escapee, Absconder or Accused DelinquentJustification: Paragraph 10 - move the information regarding of the authority to transport juveniles through any and all states party to this Compact without interference to Section 700 Additional Return Requirements for Sections 500 and 600. This action aligns to the re-organization criteria to put rules regarding both Sections 500 and 600 into one place rather than inclusion in both places.

Rule 6-103

A

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.

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2017 Rule Proposals

Section 700: Additional Return Requirements for Sections 500 and 600

Presenter: Julie Hawkins (MO)

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Financial ResponsibilityJustification: Paragraph 1 - 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.

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Financial ResponsibilityJustification: Paragraph 2 - 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.

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Charges Pending in Holding/Receiving StateJustification: 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

.

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WarrantsJustification: Paragraphs 1 and 2Amended for clarity regarding the jurisdiction and location.

Rule 7-104

1. 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.

2. 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.

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WarrantsJustification:Paragraph 3 – amended to clarify misleading language 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

.

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TransportationJustification:The information regarding the authority to transport juveniles through any and all states party to this Compact without interference relocated here. This action aligns to the re-organization of the rules approved in 2015 that rules regarding both Sections 500 and 600 into one place rather than inclusion in both places.

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.

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2017 Rule Proposals

Section 800: Travel Permits

Presenter: Edwin Lee, Jr. (NJ)

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Travel Permits

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;

.

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Travel PermitsJustification:Paragraph 1 – 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.

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Travel PermitsJustification:Paragraph 2 – 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.

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2017 Rule Proposals

East Region Proposal

Presenter: Jeff Cowger (KS)

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DefinitionsJustification:The proposed changes support the mission, vision and values of the Interstate Commission for Juveniles by promoting public safety and increasing juvenile accountability. This proposal would allow for juveniles, who are given permission to proceed to a receiving state on a travel permit testing a proposed residence, to be supervised during the pendency of the investigation in the receiving state… (See hard copy for complete justification)

Rule NEW 1-101 East

Reporting Instructions: the orders issued by the receiving state directing the juvenile report to a designated person or place, at a specified date and time, in the receiving state.

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Transfer of Supervision Procedures for Juvenile Sex Offenders

Rule 4-103 East Region

1. When transferring a juvenile sex offender, 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, or reporting instructions have been issued by the receiving state unless pursuant to Rule 4-103(3) is applicable.

3. c. Within five (5) business days of receipt of the Form VII

Out-of-State Travel Permit and Agreement to Return, the receiving state shall advise the sending state of

reporting instructions and

applicable registration requirements

and/or reporting instructions, if any

. The sending state shall be responsible for communicating

the

reporting instructions and any

registration requirements

and/or reporting instructions

to the juvenile and his/her family in a timely manner.

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Transfer of Supervision Procedures for Juvenile Sex OffendersJustification: (See hard copy for the best view of the justification)The proposed changes compel a receiving state to supervise a juvenile sex offender after it issues reporting instructions, during the pendency of the investigation, when that juvenile sex offender was given permission to proceed to the receiving state on a travel permit testing a proposed residence. As the rules are currently written, the receiving state is provided with the option to issue reporting instructions when a juvenile sex offender is being allowed to proceed to the receiving state on a travel permit pursuant to Rule 4-103(3)(c). The recommended changes would no longer provide the receiving state with an option to issue reporting instructions; instead, the receiving state would be obligated to do so. In addition, these proposed changes would eliminate the need to ‘expedite’ the referral process as these juveniles would be supervised pursuant to approved reporting instructions issued by the receiving state.

Rule 4-103 East

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Travel Permits and Reporting Instructions for Juveniles Testing a Proposed Residence

Rule 8-101 East

3. The travel permit shall not exceed ninety (90) calendar days.

If for the purposes of testing a proposed residence, a referral is to be received by the receiving state's ICJ Office within thirty (30) calendar days of the effective date of the travel permit. The issuing state shall

instruct the juvenile to immediately report any change in status during that period

.

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Travel Permits and Reporting Instructions for Juveniles Testing a Proposed Residence

Rule 8-101 East

4. If for the purposes of testing a proposed residence, the receiving state shall provide the sending state reporting instructions within five (5) business days of receipt of the Form VII Out- of-State Travel Permit and Agreement to Return. The sending state shall be responsible for communicating reporting instructions to the juvenile and his/her family in a timely manner. The referral is to be received by the receiving state's ICJ Office within thirty (30) calendar days of the effective date of the travel permit. The issuing state shall instruct the juvenile to immediately report any change in status during that period.

a. The sending state shall maintain responsibility until supervision is accepted by, and the juvenile has arrived in, the receiving state. The receiving state shall have the authority to supervise juveniles pursuant to reporting instructions issued.

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Travel Permits and Reporting Instructions for Juveniles Testing a Proposed ResidenceJustification: (See hard copy for the best view of the justification)The proposed changes would require juveniles, who are given permission to proceed to a receiving state on a travel permit testing a proposed residence, to be supervised by the receiving state during the pendency of the investigation pursuant to reporting instructions issued by the receiving state. Juveniles who are allowed to proceed to the receiving state prior to acceptance could potentially be residing in the receiving state’s community, without direct supervision, for up to 75 days. The suggested changes would require the receiving state to issue reporting instructions within 5 business days of receiving a travel permit testing a proposed residence from the sending state. The 5 business day time frame was recommended as it is consistent with that already established in ICJ Rule 4-103. These changes would provide the receiving state with the authority to supervise these juveniles and ensure there is minimal lapse in supervision during the pendency of their investigations. By having the juvenile report to the receiving state prior to the official acceptance and be supervised, the receiving state can better ensure the juvenile’s maintained compliance with the conditions of supervision and that services are in place if necessary. The proposed new paragraph 4 and 4(a) is modified language from Rule 4-103 (3)(c)(d).

Rule 8-101 East

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REMINDER…

The 2017 Rule Proposals will be presented for vote during the

2017 General Session

Please BRING the Training Booklet

To the General Session tomorrow