Overview of Compact Authority Returns 2015 Audit Presented by The Pennsylvania Interstate Compact Office 3232015 1 Where does the Compact get its authority Crime Control Act 4 USC Section 112 1965 ID: 747854
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Interstate Compact for JuvenilesOverview ofCompact Authority; Returns; 2015 Audit
Presented by:The Pennsylvania Interstate Compact Office
3/23/2015
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Where does the Compact get it’s authority:Crime Control Act, 4 U.S.C. Section 112 (1965)Authorizes and encourages states to form cooperative efforts and mutual assistance in the prevention of crime.A state law, court rule, or regulation that contradicts the rules of the Commission is invalid to the extent of the conflict. All courts and executive agencies are subject to the Interstate Compact for Juveniles.Currently all fifty (50) states, Washington DC, and the US Virgin Islands have enacted the compact.PA statute enacting the compact: 11 P.S.§890.23/23/20152Slide3
Interstate Compact for JuvenilesWho is served by the compact?A juvenile who:Is on probation or parole and plans to move out of stateRuns away to another state and is/has:Non-delinquentAn accused delinquentEscaped from an institutionAbsconded from probation/paroleSlide4
Interstate Compact for JuvenilesCommunication Flow through the ICJ processCommunication between local offices is only allowed after ICJ office consent.Even with consent, requests/responses are not official unless from the PA ICJ office.When working with a local in another state be aware - common terms of art can have very different meanings or interpretations in other states.Slide5
Interstate Compact for JuvenilesAuthority to Accept/Deny SupervisionOnly ICJ Administrator or designee can authorize or deny supervision.Acceptable Reasons to Deny Supervision:Form VIII: Home Evaluation indicates an unsuitable placementJuvenile is not in substantial compliance with conditions of supervision required by either stateCannot deny supervision based on the juvenile’s offense or ageThe receiving state SHALL ACCEPT supervision when:The juvenile has no custodial parent or legal guardian remaining in the sending state, and The juvenile does have a custodial parent or legal guardian residing in the receiving stateSlide6
Interstate Compact for JuvenilesVictim Notification ResponsibilitiesSending State:Attach Victim Notification Supplement FormInclude SPECIFIC instructions regarding information to be collected.Specify timeframes for reporting requested information.Provide updates to the receiving state regarding notification requirementsReceiving State:Provide requested information to the sending state in a timely manner.Slide7
Interstate Compact for JuvenilesWhen is it required to return a juvenile through the ICJ?A non-delinquent juvenile runs away to another state.A juvenile is an escapee, absconder, or accused delinquent and flees to another state.A juvenile under compact supervision has a failed placement.Slide8
Interstate Compact for JuvenilesRetaking Juveniles through the ICJThe sending state has authority at all times to enter a receiving state and retake a juvenile.Unless there are pending charges in the receiving state. The sending state shall not return the juvenile without consent of the receiving state until the juvenile is discharged from:Prosecution, Imprisonment, Detention, or SupervisionIf Form IA/VI is signed, the sending state may retake without further court procedures.After notifying the sending state’s ICJ Office, an accredited officer of the sending state may enter the receiving state and retake the juvenile.A warrant may be issued if such action is not practical.Slide9
Interstate Compact for JuvenilesNon-Delinquent RunawaysWithin twenty-four (24) hours of detainment, authorities may release a runaway to their parent/legal guardian (excluding weekends & holidays).Except where instances of abuse/neglect is suspectedChild welfare agencies are NOT considered guardiansAfter twenty-four (24) hours, holding authorities contact the holding state’s ICJ Office.Runaways are held in secure facilities if:They are held longer than twenty-four (24) hours, orThey are endangering themselves or others.OJJDP Exclusion:Juveniles held pursuant to the ICJ are excluded from the deinstitutionalization of status offenders requirements.Slide10
Interstate Compact for JuvenilesNational Office State Audit - 2015Beginning in 2015 the Interstate Commission for Juveniles (the national body governing the Interstate Compact for Juveniles or ICJ) will be beginning an annual compliance review process that will include all fifty (50) states, the District of Columbia and the Virgin Islands.Each quarter thirteen (13) member states will be selected at random for the review, and the review will cover the twelve (12) month period immediately preceding selection. For example, if Pennsylvania is selected in the April 2015 review cycle then twelve month period reviewed would be from April 1, 2014 through March 31, 2015. Following the review each state will be given thirty (30) days to respond to the findings, and this response will be included in findings report. 3/23/201510Slide11
Interstate Compact for JuvenilesThe 2015 compliance review will focus on the following six (6) Rules under the ICJ:Rule 5-101: Supervision/Services Requirements: Receiving States shall furnish written progress reports to the sending state on no less than a quarterly basis. Rule 4-103: Transfer of Supervision Procedures for Juvenile Sex Offenders: States shall not allow juvenile sex offenders to leave the sending state until the sending state’s request for transfer of supervision has been approved, or reporting instructions have been issued, by the receiving state. Rule 4-103(2) does not apply.Rule 4-104: Authority to Accept/Deny Supervision: The Receiving State’s ICJ Administrator or authorized agent shall sign the Home Evaluation approving or denying supervision. 3/23/201511Slide12
Interstate Compact for JuvenilesRule 5-102: Absconder under ICJ Supervision: Receiving States shall submit a Violation Report for juvenile absconders that include the juvenile’s last known address and phone number, date of the juvenile’s last personal contact with the supervising agent, details regarding how the supervising agent determined the juvenile to be an absconder, and any pending charges in the receiving state. Rule 5-103: Reporting Juvenile Non-Compliance, Failed Placement and Retaking: As it applies to Rule 5-103, when a juvenile is out of compliance with conditions of supervision, Receiving States shall submit a Violation Report that contains the date and description of the new citation or technical violation, the status and disposition (if any), supporting documentation regarding the violation, efforts or interventions made to redirect the behavior, sanctions if they apply and receiving state recommendations.Rule 6-102: Voluntary Return of Out-of-State Juveniles: Home/demanding States, shall return juveniles within five (5) business days of receiving a completed Form III or adult waiver. 3/23/201512Slide13
Interstate Compact for JuvenilesThe will be no enforcement actions taken for the 2015 initial compliance review, but a state may be required to develop an action plan if needed. The recommendations from the 2015 review will be used to develop a performance measurement plan that will be fully implement for the 2016 compliance review cycle.The Pennsylvania Interstate Office will be starting an internal review process to help prepare for the national compliance review. As we become aware of potential concerns within your counties we will send notification to the officer that has submitted or failed to submit the appropriate information, as well as recommendations for how to correct any potential issues.3/23/201513Slide14
Interstate Compact for JuvenilesUseful Information, Web Links &Pennsylvania Interstate Compact OfficeContact InformationSlide15
Interstate Compact for JuvenilesUseful WebsitesICJ: www.juvenilecompact.orgAAICPC: www.aphsa.org/content/AAICPC/en/home.htmlState Pages: icpcstatepages.org/AAICAMA: www.aaicama.orgInternational Social Services: www.iss-usa.orgPA Consolidated Statutes www.legis.state.pa.us/cfdocs/legis/LI/Public/cons_index.cfmSlide16
Contact InformationMain Line – 717.772.5505Kathy Wadlinger (Clerical)717.425.7013; kwadlinger@pa.govJason McCrea (Director)717.772.5506; jmccrea@pa.govMailing AddressDivision of OperationsInterstate Compact OfficeDGS Annex5 Magnolia DriveHillcrest, 2nd FloorHarrisburg, PA 17110-2544
Cases are assigned by child’s last name/first initial.
Specialist Phone/Email ContactsICPC Compact Specialists
Lisa Schumber (A thru F)
717.772.5507; lschumber@pa.gov
Sharyn Lukens (G thru O)
717.214.3460; slukens@pa.gov
Wendy Lautsbaugh (P thru Z)
717.772.5501; wlautsbaug@pa.gov
Scarlett Moyer (RTF & ICAMA)
717.346.9294; scmoyer@pa.gov
ICJ Compact Specialist
Amanda Behe (A thru M)
717.772.5504; abehe@pa.gov
Natalie Primak (N thru Z)
717.772.5502; nprimak@pa.gov
Interstate Compact for JuvenilesSlide17
Interstate Compact for JuvenilesQuestions or CommentsThank you for your participation!