The Interstate Compact for Juveniles (ICJ) is a binding compact that establishes the law that governs the interstate movement of juveniles who are involved in the juvenile justice system. One of the purposes of the ICJ is to “[r]eturn juveniles who have… been accused of an offense to the state requesting their return.” G.S. 7B-4001(b)(3). This is akin to the extradition process used in criminal matters. The proper procedure to return a juvenile who is accused of an act of delinquency in another state to that other state is found in the ICJ rules. This post walks through the procedure.
ICJ Rule 1-101 defines an “accused delinquent” as a person charged with an offense that, if committed by an adult, would be a criminal offense. The law of the state in which the charges are pending controls whether the juvenile is an accused delinquent (see a previous blog on the structure of the ICJ for more detail). The ICJ rules provide for both a voluntary and non-voluntary return process for juveniles who are accused delinquents.
Voluntary Return
The voluntary return process is found in ICJ Rule 6-102. It is triggered once an out-of-state juvenile is found in North Carolina and detained. The state seeking the return of the juvenile to proceed with the delinquency matter is called the demanding state. The process, described below, allows the juvenile to voluntarily return to the demanding state.
Use of Secure Custody
If there is an active warrant for the juvenile in the demanding state, the juvenile must be held securely until they are returned to the demanding state. A secure facility is defined by the ICJ rules as a staff secure or locked facility approved for holding juveniles and that prohibits a juvenile in custody from leaving. ICJ Rule 1-101. If there is not an active warrant, North Carolina has the discretion to hold the juvenile at a location North Carolina deems appropriate. Rule 6-102(2.). These requirements apply regardless of the nature of the allegation(s) pending in the other state.
Notification to North Carolina’s ICJ Office
The North Carolina ICJ Office must be notified when the juvenile is detained. That office is required to contact the demanding state’s ICJ Office. ICJ Rule 6-102(3.) This notification process connects the two states about the case and provides the link for ongoing communication about case processing.
Hearing Required
A hearing must then be held to inform the juvenile of their due process rights. ICJ Rule 6-102(5.). The AOC-J-346 is a juvenile petition developed specifically to initiate these proceedings. That form can also be used when an out-of-state juvenile who was adjudicated delinquent in another state is found in North Carolina because of absconding or escape. The petition asks the court to determine whether the juvenile is subject to the ICJ as an accused delinquent (or absconder or escapee).
The court must inform the juvenile of their right to have a hearing to determine if sufficient cause exists to hold them until a requisition or official request for their return has been received from the demanding state. The ICJ Juvenile Rights Form can be used to advise the juvenile of their rights at this point in the proceeding. The ICJ Rules also allow the court to appoint an attorney for the juvenile at this hearing. ICJ Rule 6-102(5.). If the juvenile does not consent to return, then the court should have a hearing to determine if sufficient cause exists to hold the juvenile until a requisition is received from the demanding state. The requisition process is described more fully below in the procedure for a non-voluntary return.
Consent for Voluntary Return
If, after being informed of their rights, the juvenile consents to voluntarily return to the demanding state the juvenile should sign the ICJ Form III Consent for Voluntary Return of Out of State Juvenile. ICJ Rule 6-102(6.). By signing the form, the juvenile is agreeing to return to the demanding state without further legal proceedings. The form also includes an order for the judge to sign, ordering the return of the juvenile based on a finding that the voluntary return of the juvenile is appropriate and in the juvenile’s best interest.
Physical Return of the Juvenile
Once the Form III is completed it must be provided to North Carolina’s ICJ Office, The North Carolina ICJ Office then provides the Form III to the demanding state’s ICJ Office. ICJ Rule 6-102(8.). The demanding state is responsible for transporting the juvenile back to the demanding state. Transport to the demanding state must occur within five business days of the demanding state’s receipt of the Form III to return the juvenile. The time period can be extended for up to five additional business days with the approval from the North Carolina and demanding state ICJ offices. ICJ Rule 6-102(10.) The ICJ rules are silent regarding a remedy for violation of this or any other timeline in the rules. There are also no cases that inform the appropriate remedy if this or any other ICJ timeline is not met. However, ICJ Rule 7-105(2.) requires a hearing on secure custody if the juvenile is not returned to the demanding state within ten business days. The North Carolina court is permitted to discharge the juvenile from detention to a legal guardian or his/her designee at this hearing on a determination that further detention is not appropriate.
Non-Voluntary Return
When a juvenile does not consent to a voluntary return at the hearing described above, a requisition process is required to determine if the juvenile should be returned to the demanding state. ICJ Rule 6-103A.
The Requisition Process
The demanding state is required to complete the requisition using the ICJ Form II – Requisition for Escapee, Absconder, or Accused Delinquent. ICJ Rule 6-103A(3.). The requisitioner can be a court in the demanding state or it can be a compact official in the demanding state. If a compact official signs the Form II requisition the requisition must be verified by affidavit. The petition alleging delinquency must be attached to the requisition. If the juvenile is in custody, the demanding state has 60 calendar days from the time of notification of the juvenile’s refusal to voluntarily return to present the requisition to their court or appropriate authority for signature.
Once the requisition is signed by the court or appropriate authority in the demanding state, the ICJ Office in the demanding state submits the requisition and attached petition to North Carolina’s ICJ Office. ICJ Rule 6-103A(4.). North Carolina’s ICJ Office then forwards the requisition and petition to the appropriate North Carolina court and requests a hearing. The hearing must be held within 30 calendar days of receipt of the requisition. ICJ Rule 6-103A(5.)
Hearing
The court can appoint an attorney to represent the juvenile at the hearing. ICJ Rule 6-103A(6.). Because this will be the second hearing for the juvenile in this matter, it is likely that they will already have counsel.
The court is required to inform the juvenile of the demand made for their return through the requisition. The question to be answered at the hearing is whether there is proof of entitlement for the return of the juvenile to the demanding state. ICJ Rule 6-103A(6.). Proof of entitlement is defined as “documentation or other evidence submitted as part of a requisition that enables a court to verify the authority of the requisitioner to the return of a juvenile.” ICJ Rule 1-101. In the case of an accused delinquent, the demanding state petition alleging delinquency serves as the documentation that enables the court to verify the authority of the requisitioner to the return of the juvenile. If the court finds that proof of entitlement is not established, the court must issue written findings that detail the reason(s) for denial. ICJ Rule 6-103A(6.).
Confinement Pending Hearing
An out-of-state accused delinquent who is taken into custody on a warrant must be held in secure custody until they are returned by the demanding state. ICJ Rule 6-103A(1.). Additionally, a requisition can be used to request that a juvenile whose whereabouts are known, but who is not in custody, “be picked up and detained pending return.” ICJ Rule 6-103A.
If there is no warrant or requisition in the matter, the juvenile may not be in custody while the demanding state obtains the requisition. However, every juvenile is required to be detained once the North Carolina ICJ Office requests the hearing on the requisition. ICJ Rule 6-103A(5.). In this circumstance the juvenile must be held in secure custody from the time the hearing is requested until the hearing occurs. Juveniles can be held in secure custody for a maximum of 90 calendar days pending non-voluntary return to the demanding state. ICJ Rule 6-103A(8.).
The ICJ Rules are silent regarding any ongoing hearings on the need for secure custody. The plain language of G.S. 7B-1906 requires an initial hearing on the need for secure custody and ongoing hearings on the need for continued secure custody for all juveniles being held in secure custody. It seems that unless the juvenile waives the need for ongoing secure custody hearings, the hearings should occur as required by the Juvenile Code.
At the same time, the criteria for continuing secure custody under G.S. 7B-1906(d) are not applicable under the binding rules of the ICJ. As explained in chapter 1.6 of the ICJ Bench Book for Judges and Court Personnel, “Where state law and a compact conflict, courts are required under the Supremacy Clause (for compacts with consent) and as a matter of contract law to apply the terms and conditions of the compact to a given case. The fact that a judge may not like the effect of a compact or believes that other state laws can produce a more desirable outcome is irrelevant. The compact controls over individual state law and must be given full force and effect by the courts.” Therefore, North Carolina courts must follow the mandates for detention in the ICJ Rules even if the juvenile would otherwise qualify for release from secure custody under the Juvenile Code.
Return to the Demanding State
The court order regarding the requisition must be forwarded to North Carolina’s ICJ Office. That office will then forward the order to the ICJ Office in the demanding state. The juvenile must be returned by the demanding state within 5 business days of the receipt of the order granting the requisition. If both ICJ offices approve, the time for return can be extended by 5 additional business days. Here again, ICJ Rule 7-105(2.) requires a hearing on secure custody if the juvenile is not returned to the demanding state within ten business days. The North Carolina court is permitted to discharge the juvenile from detention to a legal guardian or his/her designee at this hearing on a determination that further detention is not appropriate.
If the juvenile has charges pending in North Carolina, those charges must be resolved before the juvenile is returned to the demanding state unless courts in both states and both state ICJ offices consent to return to the demanding state before the North Carolina charges are resolved. ICJ Rule 7-103.
And Vice Versa
This blog is written from the perspective of an out-of-state juvenile who is found in North Carolina and accused of an act of delinquency in another state. Because the ICJ is binding in all states, the same process applies when a juvenile is accused of an act of delinquency in North Carolina and is found in another state. In that situation North Carolina becomes the demanding state. The same ICJ procedure regarding voluntary and non-voluntary return applies.