Provisions of compact
Sec. 1. The following compact, by and between the state of
Indiana and any other state which has or shall hereafter ratify or
legally join in the same, is ratified and approved.
The contracting states solemnly agree:
)ARTICLE 2)Existing Rights and Remedies
That all remedies and procedures provided by this compact shall
be in addition to and not in substitution for other rights, remedies and
procedures, and shall not be in derogation of parental rights and
responsibilities.
ARTICLE 3)Definitions
That, for the purpose of this compact, "delinquent juvenile" means
any juvenile who has been adjudged delinquent and who, at the time
the provisions of this compact are invoked, is still subject to the
jurisdiction of the court that has made such adjudication or to the
jurisdiction or supervision of an agency or institution pursuant to an
order of such court; "probation or parole" means any kind of
conditional release of juveniles authorized under the laws of the
states party hereto; "court" means any court having jurisdiction over
delinquent, neglected or dependent children; "state" means any state,
territory or possessions of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico; and "residence"
or any variant thereof means a place at which a home or regular place
of abode is maintained.
ARTICLE 4)Return of Runaways
(a) That the parent, guardian, person or agency entitled to legal
custody of a juvenile who has not been adjudged delinquent but who
has run away without the consent of such parent, guardian, person or
agency may petition the appropriate court in the demanding state for
the issuance of a requisition for his return. The petition shall state the
name and age of the juvenile, the name of the petitioner and the basis
of entitlement to the juvenile's custody, the circumstances of his
running away, his location if known at the time application is made,
and such other facts as may tend to show that the juvenile who has
run away is endangering his own welfare or the welfare of others and
is not an emancipated minor. The petition shall be verified by
affidavit, shall be executed in duplicate, and shall be accompanied by
two (2) certified copies of the document or documents on which the
petitioner's entitlement to the juvenile's custody is based, such as
birth certificates, letters of guardianship, or custody decrees. Such
further affidavits and other documents as may be deemed proper may
be submitted with such petition. The judge of the court to which this
application is made may hold a hearing thereon to determine whether
for the purposes of this compact the petitioner is entitled to the legal
custody of the juvenile, whether or not it appears that the juvenile
has in fact run away without consent, whether or not he is an
emancipated minor, and whether or not it is in the best interest of the
juvenile to compel his return to the state. If the judge determines,
either with or without a hearing, that the juvenile should be returned,
he shall present to the appropriate court or to the executive authority
of the state where the juvenile is alleged to be located a written
requisition for the return of such juvenile. Such requisition shall set
forth the name and age of the juvenile, the determination of the court
that the juvenile has run away without the consent of a parent,
guardian, person or agency entitled to his legal custody, and that it
is in the best interest and for the protection of such juvenile that he
be returned. In the event that a proceeding for the adjudication of the
juvenile as a delinquent, neglected or dependent juvenile is pending
in the court at the time when such juvenile runs away, the court may
issue a requisition for the return of such juvenile upon its own
motion, regardless of the consent of the parent, guardian, person or
agency entitled to legal custody, reciting therein the nature and
circumstances of the pending proceeding. The requisition shall in
every case be executed in duplicate and shall be signed by the judge.
One (1) copy of the requisition shall be filed with the compact
administrator of the demanding state, there to remain on file subject
to the provisions of law governing records of such court. Upon the
receipt of a requisition demanding the return of a juvenile who has
run away, the court or the executive authority to whom the
requisition is addressed shall issue an order to any peace officer or
other appropriate person directing him to take into custody and
detain such juvenile. Such detention order must substantially recite
the facts necessary to the validity of its issuance hereunder. No
juvenile detained upon such order shall be delivered over to the
officer whom the court demanding him shall have appointed to
receive him, unless he shall first be taken forthwith before a judge of
a court in the state, who shall inform him of the demand made for his
return, and who may appoint counsel or guardian ad litem for him.
If the judge of such court shall find that the requisition is in order, he
shall deliver such juvenile over to the officer whom the court
demanding him shall have appointed to receive him. The judge,
however, may fix a reasonable time to be allowed for the purpose of
testing the legality of the proceeding.
Upon reasonable information that a person is a juvenile who has
run away from another state party to this compact without the
consent of a parent, guardian, person or agency entitled to his legal
custody, such juvenile may be taken into custody without a
requisition and brought forthwith before a judge of the appropriate
court who may appoint counsel or guardian ad litem for such juvenile
and who shall determine after a hearing whether sufficient cause
exists to hold the person, subject to the order of the court, for his
own protection and welfare, for such a time not exceeding ninety
(90) days as will enable his return to another state party to this
compact pursuant to a requisition for his return from a court of this
state. If, at the time when a state seeks the return of a juvenile who
has run away, there is pending in the state wherein he is found any
criminal charge, or any proceeding to have him adjudicated a
delinquent juvenile for an act committed in such state, or if he is
suspected of having committed within such state a criminal offense
or an act of juvenile delinquency, he shall not be returned without the
consent of such state until discharged from prosecution or other form
of proceeding, imprisonment, detention or supervision for such
offense or juvenile delinquency. The duly accredited officers of any
state party to this compact, 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. Upon his return to the state from
which he ran away, the juvenile shall be subject to such further
proceedings as may be appropriate under the laws of that state.
(b) That the state to which a juvenile is returned under this article
shall be responsible for payment of the transportation costs of such
return.
(c) That "juvenile" as used in this article means any person who
is a minor under the law of the state of residence of the parent,
guardian, person or agency entitled to the legal custody of such
minor.
ARTICLE 5)Return of Escapees and Absconders
(a) That the appropriate person or authority from whose probation
or parole supervision a delinquent juvenile has absconded or from
whose institutional custody he has escaped shall present to the
appropriate court or to the executive authority of the state where the
delinquent juvenile is alleged to be located a written requisition for
the return of such delinquent juvenile. Such requisition shall state the
name and age of the delinquent juvenile, the particulars of his
adjudication as a delinquent juvenile, the circumstances of the breach
of the terms of his probation or parole or of his escape from an
institution or agency vested with his legal custody or supervision,
and the location of such delinquent juvenile, if known, at the time the
requisition is made. The requisition shall be verified by affidavit,
shall be executed in duplicate, and shall be accompanied by two (2)
certified copies of the judgment, formal adjudication, or order of
commitment which subjects such delinquent juvenile to probation or
parole or to the legal custody of the institution or agency concerned.
Such further affidavits and other documents as may be deemed
proper may be submitted with such requisition. One (1) copy of the
requisition shall be filed with the compact administrator of the
demanding state, there to remain on file subject to the provisions of
law governing records of the appropriate court. Upon the receipt of
a requisition demanding the return of a delinquent juvenile who has
absconded or escaped, the court or the executive authority to whom
the requisition is addressed shall issue an order to any peace officer
or other appropriate person directing him to take into custody and
detain such delinquent juvenile. Such detention order must
substantially recite the facts necessary to the validity of its issuance
hereunder. No delinquent juvenile detained upon such order shall be
delivered over to the officer whom the appropriate person or
authority demanding him shall have appointed to receive him, unless
he shall first be taken forthwith before a judge of an appropriate
court in the state, who shall inform him of the demand made for his
return and who may appoint counsel or guardian ad litem for him. If
the judge of such court shall find that the requisition is in order, he
shall deliver such delinquent juvenile over to the officer whom the
appropriate person or authority demanding him shall have appointed
to receive him. The judge, however, may fix a reasonable time to be
allowed for the purpose of testing the legality of the proceeding.
Upon reasonable information that a person is a delinquent
juvenile who has absconded while on probation or parole, or escaped
from an institution or agency vested with his legal custody or
supervision in any state party to this compact, such person may be
taken into custody in any other state party to this compact without a
requisition. But in such event, he must be taken forthwith before a
judge of the appropriate court, who may appoint counsel or guardian
ad litem for such person and who shall determine, after a hearing,
whether sufficient cause exists to hold the person subject to the order
of the court for such a time, not exceeding ninety (90) days, as will
enable his detention under a detention order issued on a requisition
pursuant to this article. If, at the time when a state seeks the return of
a delinquent juvenile who has either absconded while on probation
or parole or escaped from an institution or agency vested with his
legal custody or supervision, there is pending in the state wherein he
is detained any criminal charge or any proceeding to have him
adjudicated a delinquent juvenile for an act committed in such state,
or if he is suspected of having committed within such state a criminal
offense or an act of juvenile delinquency, he shall not be returned
without the consent of such state until discharged from prosecution
or other form of proceeding, imprisonment, detention or supervision
for such offense or juvenile delinquency. The duly accredited
officers of any state party to this compact, upon the establishment of
their authority and the identity of the delinquent juvenile being
returned, shall be permitted to transport such delinquent juvenile
through any and all states party to this compact, without interference.
Upon his return to the state from which he escaped or absconded, the
delinquent juvenile shall be subject to such further proceedings as
may be appropriate under the laws of that state.
(b) That the state to which a delinquent juvenile is returned under
this article shall be responsible for the payment of the transportation
costs of such return.
ARTICLE 6)Voluntary Return Procedure
That any delinquent juvenile who has absconded while on
probation or parole, or escaped from an institution or agency vested
with his legal custody or supervision in any state party to this
compact, and any juvenile who has run away from any state party to
this compact, who is taken into custody without a requisition in
another state party to this compact under the provisions of Article
4(a) or of Article 5(a), may consent to his immediate return to the
state from which he absconded, escaped or ran away. Such consent
shall be given by the juvenile or delinquent juvenile and his counsel
or guardian ad litem, if any, by executing or subscribing a writing, in
the presence of a judge of the appropriate court, which states that the
juvenile or delinquent juvenile and his counsel or guardian ad litem,
if any, consent to his return to the demanding state. Before such
consent shall be executed or subscribed, however, the judge, in the
presence of counsel or guardian ad litem, if any, shall inform the
juvenile or delinquent juvenile of his rights under this compact.
When the consent has been duly executed, it shall be forwarded to
and filed with the compact administrator of the state in which the
court is located and the judge shall direct the officer having the
juvenile or delinquent juvenile in custody to deliver him to the duly
accredited officer or officers of the state demanding his return, and
shall cause to be delivered to such officer or officers a copy of the
consent. The court may, however, upon the request of the state to
which the juvenile or delinquent juvenile is being returned, order him
to return unaccompanied to such state and shall provide him with a
copy of such court order; in such event a copy of the consent shall be
forwarded to the compact administrator of the state to which said
juvenile or delinquent juvenile is ordered to return.
ARTICLE 7)Cooperative Supervision of Probationers and
Parolees
(a) That the duly constituted judicial and administrative
authorities of a state party to this compact (herein called "sending
state") may permit any delinquent juvenile within such state, placed
on probation or parole, to reside in any other state party to this
compact (herein called "receiving state") while on probation or
parole, and the receiving state shall accept such delinquent juvenile,
if the parent, guardian or person entitled to the legal custody of such
delinquent juvenile is residing or undertakes to reside within the
receiving state. Before granting such permission, opportunity shall
be given to the receiving state to make such investigations as it
deems necessary. The authorities of the sending state shall send to
the authorities of the receiving state copies of pertinent court orders,
social case studies and all other available information which may be
of value to and assist the receiving state in supervising a probationer
or parolee under this compact. A receiving state, in its discretion,
may agree to accept supervision of a probationer or parolee in cases
where the parent, guardian or person entitled to the legal custody of
the delinquent juvenile is not a resident of the receiving state, and if
so accepted the sending state may transfer supervision accordingly.
(b) That each receiving state will assume the duties of visitation
and of supervision over any such delinquent juvenile and in the
exercise of those duties will be governed by the same standards of
visitation and supervision that prevail for its own delinquent
juveniles released on probation or parole.
(c) That, after consultation between the appropriate authorities of
the sending state and of the receiving state as to the desirability and
necessity of returning such a delinquent juvenile, the duly accredited
officers of a sending state may enter a receiving state and there
apprehend and retake any such delinquent juvenile on probation or
parole. For that purpose, no formalities will be required, other than
establishing the authority of the officer and the identity of the
delinquent juvenile to be retaken and returned. The decision of the
sending state to retake a delinquent juvenile on probation or parole
shall be conclusive upon and not reviewable within the receiving
state, but if, at the time the sending state seeks to retake a delinquent
juvenile on probation or parole, there is pending against him within
the receiving state any criminal charge or any proceeding to have him
adjudicated a delinquent juvenile for any act committed in such state
or if he is suspected of having committed within such state a criminal
offense or an act of juvenile delinquency, he shall not be returned
without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment, detention or
supervision for such offense or juvenile delinquency. The duly
accredited officers of the sending state shall be permitted to transport
delinquent juveniles being so returned through any and all states
party to this compact, without interference.
(d) That the sending state shall be responsible under this article
for paying the costs of transporting any delinquent juvenile to the
receiving state or of returning any delinquent juvenile to the sending
state.
ARTICLE 8)Responsibility for Costs
(a) That the provisions of Articles 4(b), 5(b), and 7(d) of this
compact shall not be construed to alter or affect any internal
relationship among the departments, agencies and officers of and in
the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.
(b) That nothing in this compact shall be construed to prevent any
party state or subdivision thereof from asserting any right against any
person, agency or other entity in regard to costs for which such party
state or subdivision thereof may be responsible pursuant to Articles
4(b), 5(b) or 7(d) of this compact.
ARTICLE 9)Detention Practices
That, to every extent possible, it shall be the policy of states party
to this compact that no juvenile or delinquent juvenile shall be placed
or detained in any prison, jail or lockup nor be detained or
transported in association with criminal, vicious or dissolute persons.
ARTICLE 10)Supplementary Agreements
That the duly constituted administrative authorities of a state party
to this compact may enter into supplementary agreements with any
other state or states party hereto for the cooperative care, treatment
and rehabilitation of delinquent juveniles whenever they shall find
that such agreements will improve the facilities or programs
available for such care, treatment and rehabilitation located within
any state entering into such supplementary agreement. Such
supplementary agreements shall (1) provide the rates to be paid for
the care, treatment and custody of such delinquent juveniles, taking
into consideration the character of facilities, services and subsistence
furnished; (2) provide that the delinquent juvenile shall be given a
court hearing prior to his being sent to another state for care,
treatment and custody; (3) provide that the state receiving such a
delinquent juvenile in one (1) of its institutions shall act solely as
agent for the state sending such delinquent juvenile; (4) provide that
the sending state shall at all times retain jurisdiction over delinquent
juveniles sent to an institution in another state; (5) provide for
reasonable inspection of such institutions by the sending state; (6)
provide that the consent of the parent, guardian, person or agency
entitled to the legal custody of said delinquent juvenile shall be
secured prior to his being sent to another state; and (7) make
provision for such other matters and details as shall be necessary to
protect the rights and equities of such delinquent juveniles and of the
cooperating states.
ARTICLE 11)Acceptance of Federal and Other Aid
That any state party to this compact may accept any and all
donations, gifts and grants of money, equipment and services from
the federal or any local government, or any agency thereof and from
any person, firm or corporation, for any of the purposes and
functions of this compact, and may receive and utilize the same
subject to the terms, conditions and regulations governing such
donations, gifts and grants.
ARTICLE 12)Compact Administrators
That the governor of each state party to this compact shall
designate an officer who, acting jointly with like officers of other
party states, shall promulgate rules and regulations to carry out more
effectively the terms and provisions of this compact.
ARTICLE 13)Execution of Compact
That this compact shall become operative immediately upon its
execution by any state as between it and any other state or states so
executing. When executed it shall have the full force and effect of
law within such state, the form or execution to be in accordance with
the laws of the executing state.
ARTICLE 14)Renunciation
That this compact shall continue in force and remain binding upon
each executing state until renounced by it. Renunciation of this
compact shall be by the same authority which executed it, by sending
six (6) months' notice in writing of its intention to withdraw from the
compact to the other states party hereto. The duties and obligations
of a renouncing state under Article 7 hereof shall continue as to
parolees and probationers residing therein at the time of withdrawal
until retaken or finally discharged. Supplementary agreements
entered into under Article 10 hereof shall be subject to renunciation
as provided by such supplementary agreements, and shall not be
subject to the six (6) months' renunciation notice of the present
article.
ARTICLE 15)Severability
That the provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is declared to
be contrary to the constitution of any participating state or of the
United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and effect
as to the remaining states and in full force and effect as to the state
affected as to all severable matters.
AMENDMENT 1)Runaways
That this article shall provide additional remedies, and shall be
binding only as among and between those party states which
specifically execute the same.
For the purposes of this article, "child," as used herein, means any
minor within the jurisdictional age limits of any court in the home
state.
When any child is brought before a court of a state of which such
child is not a resident, and such state is willing to permit such child's
return to the home state of such child, such home state, upon being
so advised by the state in which such proceeding is pending, shall
immediately institute proceedings to determine the residence and
jurisdictional facts as to such child in such home state, and upon
finding that such child is in fact a resident of said state and subject
to the jurisdiction of the court thereof, shall within five (5) days
authorize the return of such child to the home state, and to the parent
or custodial agency legally authorized to accept such custody in such
home state, and at the expense of such home state, to be paid from
such funds as such home state may procure, designate, or provide,
prompt action being of the essence.
AMENDMENT 2)Rendition
(a) This amendment shall provide additional remedies, and shall
be binding only as among and between those party states which
specifically execute the same.
(b) All provisions and procedures of Articles 5 and 6 of the
Interstate Compact on Juveniles shall be construed to apply to any
juvenile charged with being a delinquent by reason of a violation of
any criminal law. Any juvenile charged with being a delinquent by
reason of violating any criminal law shall be returned to the
requesting state upon a requisition to the state where the juvenile
may be found. A petition in such case shall be filed in a court of
competent jurisdiction in the requesting state where the violation of
criminal law is alleged to have been committed. The petition may be
filed regardless of whether the juvenile has left the state before or
after the filing of the petition. The requisition described in Article 5
of the compact shall be forwarded by the judge of the court in which
the petition has been filed.
AMENDMENT 3)Out-of-State Confinement
(a) Whenever the duly constituted judicial or administrative
authorities in a sending state shall determine that confinement of a
probationer or reconfinement of a parolee is necessary or desirable,
said officials may direct that the confinement or reconfinement be in
an appropriate institution for delinquent juveniles within the territory
of the receiving state, such receiving state to act in that regard solely
as agent for the sending state.
(b) Escapees and absconders who would otherwise be returned
pursuant to Article 5 of the compact may be confined or reconfined
in the receiving state pursuant to this amendment. In any such case
the information and allegations required to be made and furnished in
a requisition pursuant to such article shall be made and furnished, but
in place of the demand pursuant to Article 5, the sending state shall
request confinement or reconfinement in the receiving state.
Whenever applicable, detention orders as provided in Article 5 may
be employed pursuant to this paragraph preliminary to disposition of
the escapee or absconder.
(c) The confinement or reconfinement of a parolee, probationer,
escapee, or absconder pursuant to this amendment shall require the
concurrence of the appropriate judicial or administrative authorities
of the receiving state.
(d) As used in this amendment: (1) "sending state" means sending
state as that term is used in Article 7 of the compact or the state from
which a delinquent juvenile has escaped or absconded within the
meaning of Article 5 of the compact; (2) "receiving state" means any
state, other than the sending state, in which a parolee, probationer,
escapee, or absconder may be found, provided that said state is a
party to this amendment.
(e) Every state which adopts this amendment shall designate at
least one (1) of its institutions for delinquent juveniles as a "Compact
Institution" and shall confine persons therein as provided in
paragraph (a) hereof unless the sending and receiving state in
question shall make specific contractual arrangements to the
contrary. All states party to this amendment shall have access to
"Compact Institutions" at all reasonable hours for the purpose of
inspecting the facilities thereof and for the purpose of visiting such
of said state's delinquents as may be confined in the institution.
(f) Persons confined in "Compact Institutions" pursuant to the
terms of this compact shall at all times be subject to the jurisdiction
of the sending state and may at any time be removed from said
"Compact Institution" for transfer to an appropriate institution within
the sending state, for return to probation or parole, for discharge, or
for any purpose permitted by the laws of the sending state.
(g) All persons who may be confined in a "Compact Institution"
pursuant to the provisions of this amendment shall be treated in a
reasonable and humane manner. The fact of confinement or
reconfinement in a receiving state shall not deprive any person so
confined or reconfined of any rights which said person would have
had if confined or reconfined in an appropriate institution of the
sending state; nor shall any agreement to submit to confinement or
reconfinement pursuant to the terms of this amendment be construed
as a waiver of any rights which the delinquent would have had if he
had been confined or reconfined in any appropriate institution of the
sending state except that the hearing or hearings, if any, to which a
parolee, probationer, escapee, or absconder may be entitled (prior to
confinement or reconfinement) by the laws of the sending state may
be had before the appropriate judicial or administrative officers of
the receiving state. In this event, said judicial and administrative
officers shall act as agents of the sending state after consultation with
appropriate officers of the sending state.
(h) Any receiving state incurring costs or other expenses under
this amendment shall be reimbursed in the amount of such costs or
other expenses by the sending state unless the states concerned shall
specifically otherwise agree. Any two (2) or more states party to this
amendment may enter into supplementary agreements determining
a different allocation of costs as among themselves.
(i) This amendment shall take initial effect when entered into by
any two (2) or more states party to the compact and shall be effective
as to those states which have specifically enacted this amendment.
Rules and regulations necessary to effectuate the terms of this
amendment may be promulgated by the appropriate officers of those
states which have enacted this amendment.
As added by P.L.1-1997, SEC.20.
Last modified: May 24, 2006