Chapter 179

2006 -- H 7454 SUBSTITUTE A

Enacted 06/23/06

 

A N A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- THE INTERSTATE COMPACT FOR JUVENILES

          

     Introduced By: Representatives McManus, Ehrhardt, and Long

     Date Introduced: February 16, 2006

 

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 14-6.1-3 of the General Laws in Chapter 14-6.1 entitled "The

Interstate Compact for Juveniles" is hereby amended to read as follows:

 

     14-6.1-3. Ratification procedure -- Effective date. -- When the governor shall have

executed the compact on behalf of this state and shall have caused a verified copy to be filed with

the secretary of state; and when the compact shall have been ratified by one or more of the states,

territories, or possessions of the United States, the District of Columbia, and/or the

Commonwealth of Puerto Rico, then the compact shall become operative and effective as

between this state and those other state or states, territories or possessions of the United States,

the District of Columbia, and/or the Commonwealth of Puerto Rico no less than thirty-five (35) of

the states, and thereafter it shall become effective and binding as to any other compacting state

upon the enactment of the compact into law by that state. The governor is authorized and directed

to take any action that may be necessary to complete the exchange of official documents as

between this state and any other state, territory, or possession of the United States, the District of

Columbia, or the Commonwealth of Puerto Rico, ratifying the compact.

 

     SECTION 2. Title 14 of the General Laws entitled "DELINQUENT AND DEPENDENT

CHILDREN" is hereby amended by adding thereto the following chapter:

 

     CHAPTER 6.2

INTERSTATE COMPACT FOR JUVENILES

 

     14-6.2-1. Execution of the Compact. – The governor on behalf of the state of Rhode

Island and Providence Plantations is authorized to execute a compact, in substantially the

following form, with any state, territory or possession of the United States, the District of

Columbia, and the Commonwealth of Puerto Rico, and the general assembly signifies in advance

its approval and ratification of this compact:

     Interstate Compact on Juveniles

     The contracting states solemnly agree:

 

ARTICLE I

 

Findings and Purposes

 

     That juveniles who are not under proper supervision and control, or who have absconded,

escaped or run away, are likely to endanger their own health, morals and welfare, and the health

morals and welfare of others. The cooperation of the states party to this compact is therefore

necessary to provide for the welfare and protection of juveniles and of the public with respect to:

(1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from

one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from

one state to another, of non-delinquent juveniles who have run away from home; and (4)

additional measures for the protection of juveniles and of the public, which any two (2) or more

of the party states may find desirable to undertake cooperatively. In carrying out the provisions

of this compact the party states shall be guided by the non-criminal, reformative and protective

polices which guide their laws concerning delinquent, neglected or dependent juveniles generally.

It shall be the policy of the states party to this compact to cooperate and observe their respective

responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who

become subject to the provisions of this compact. The provisions of this compact shall be

reasonably and liberally construed to accomplish the purposes of Article I of this compact.

 

ARTICLE II

 

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 III

 

Definitions

 

     That, for the purposes 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 that adjudication or to the jurisdiction or

supervision of an agency or institution pursuant to an order of the court; "probation or parole"

means any kind of conditional release of juveniles authorized under the laws of the states party to

the compact; "court" means any court having jurisdiction over delinquent, neglected or dependent

children; "state" means any state, territory or possession of the United States, the District of

Columbia, and the Commonwealth of Puerto Rico; and "residence" or any variant of it means a

place at which a home or regular place of abode is maintained.

 

ARTICLE IV

 

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 the parent,

guardian, person or agency may petition the appropriate court in the demanding state for the

issuance of a requisition for his or her 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 or her running away, his location if known at the time application is made,

and any other facts that may tend to show that the juvenile who has run away is endangering his

or her 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 base, such as birth certificates, letters of guardianship, or custody decrees.

Any further affidavits and other documents that maybe deemed proper may be submitted with the

petition. The judge of the court to which this application is made may hold a hearing on it 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 or she is an emancipated minor, and whether or not it is in the best interest of

the juvenile to compel his or her return to the state. If the judge determines, either with or

without a hearing, that the juvenile should be returned, he or she 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 the juvenile. The 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 or her legal custody, and that it is in the best

interest and for the protection of the juvenile that he or she 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 the juvenile runs away, the court may issue a requisition for

the return of the juvenile upon its own motion, regardless of the consent of the parent, guardian,

person or agency entitled to legal custody, reciting in it 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 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 the juvenile. The detention order must substantially recite the facts necessary to the

validity of its issuance under this article. No juvenile detained upon the order shall be delivered

over to the officer whom the court demanding him or her shall have appointed to receive him or

her, unless he or she shall first be taken immediately before a judge of a court in the state, who

shall inform him or her of the demand made for his or her return, and who may appoint counsel or

guardian ad litem for him or her. If the judge of the court shall find that the requisition is in

order, he or she shall deliver the juvenile over to the officer whom the court demanding him or

her shall have appointed to receive him or her. 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

consent of a parent, guardian, person or agency entitled to his or her legal custody, the juvenile,

consistent with section 14-1-26.1, may be taken into custody without a requisition and brought

immediately before a judge of the appropriate court who may appoint counsel or guardian ad

litem for the 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 or her own protection and welfare, for a

time not exceeding ninety (90) days that will enable his or her return to another state party to this

compact pursuant to the requisition for his or her return from a court of that state. If, at the time

when a state seeks the return of a juvenile who has run away, there is pending in the state in

which he or she is found any criminal charge, or any proceeding to have him or her adjudicated a

delinquent juvenile for an act committed in that state, or if he or she is suspected of having

committed within that state a criminal offense or an act of juvenile delinquency, he or she shall

not be returned without the consent of that state until discharged from prosecution or other form

of proceeding, imprisonment, detention or supervision for the 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 the

juvenile through any and all states party to this compact without interference. Upon his or her

return to the state from which he or she ran away, the juvenile shall be subject to any further

proceedings that 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 that 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

the minor.

 

ARTICLE V

 

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 or she 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 the delinquent

juvenile. The requisition shall state the name and age of the delinquent juvenile, the particulars of

his or her adjudication as a delinquent juvenile, the circumstances of the breach of the terms of

his or her probation or parole or of his or her escape from an institution or agency vested with his

or her legal custody or supervision, and the location of the 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 the delinquent juvenile to probation or

parole or to the legal custody of the institution or agency concerned. Any further affidavits and

other documents that may be deemed proper may be submitted with the requisition. One 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 or her to take into custody

and detain the delinquent juvenile. The detention order must substantially recite the facts

necessary to the validity of its issuance under this article. No delinquent juvenile detained upon

the order shall be delivered over to the officer whom the appropriate person or authority

demanding him or her shall have appointed to receive him or her, unless he or she shall first be

taken immediately before a judge of an appropriate court in the state, who shall inform him or

her of the demand made for his or her return and who may appoint counsel or guardian ad litem

for him or her. If the judge of the court shall find that the requisition is in order, he or she shall

deliver the delinquent juvenile over to the officer whom the appropriate person or authority

demanding him or her shall have appointed to receive him or her. 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 or her legal custody

or supervision in any state party to this compact, the person may be taken into custody in any

other state party to this compact without a requisition. But in that event, he or she must be taken

immediately before a judge of the appropriate court, who may appoint counsel or guardian ad

litem for the person and who shall determine, after a hearing, whether sufficient cause exists to

hold the person subject to the order of the court for a time, not exceeding ninety (90) days, as will

enable his or her 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 or her legal

custody or supervision, there is pending in the state in which he or she is detained any criminal

charge or any proceeding to have him or her adjudicated a delinquent juvenile for an act

committed in the state, or if he or she is suspected of having committed within the state a criminal

offense or an act of juvenile delinquency, he or she shall not be returned without the consent of

the state until discharged from prosecution or other form of proceeding, imprisonment, detention

or supervision for the 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 the delinquent juvenile through any and all

states party to this compact, without interference. Upon his or her return to the state from which

he or she escaped or absconded, the delinquent juvenile shall be subject to any further

proceedings that 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 payment of the transportation costs of the return.

 

ARTICLE VI

 

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 or her 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 IV (a) or of article V (a), may consent to his or her immediate return to the

state from which he or she absconded, escaped or ran away. Consent shall be given by the

juvenile or delinquent juvenile and his or her 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 or her counsel or guardian ad litem, if any, consent to his

or her return to the demanding state. Before the 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 or her 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 his or her to the duly accredited officer or officers of the

state demanding his or her return, and shall cause to be delivered to that 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 or her to return unaccompanied to the state and

shall provide him or her with a copy of the court order; in that event a copy of the consent shall

be forwarded to the compact administrator of the state to which the juvenile or delinquent

juvenile is ordered to return.

 

ARTICLE VII

 

Cooperative Supervision of Probationers and Parolees

 

     (a) That the duly constituted judicial and administrative authorities of a state party to this

compact (called "sending state") may permit any delinquent juvenile within the state, placed on

probation or parole, to reside in any other state party to this compact (called "receiving state")

while on probation or parole, and receiving state shall accept the delinquent juvenile, if the

parent, guardian or person entitled to the legal custody of the delinquent juvenile is residing or

undertakes to reside within the receiving state. Before granting permission, opportunity shall be

given to the receiving state to make any investigations that 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 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 a delinquent juvenile, the duly

accredited officers of a sending state may enter a receiving state and there apprehend and retake

any 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 or her within the receiving state any criminal charge or any proceeding to

have him or her adjudicated a delinquent juvenile for any act committed in the state, or if he or

she is suspected of having committed within the state a criminal offense or an act of juvenile

delinquency, he or she shall not be returned without the consent of the receiving state until

discharge 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 retuning any delinquent juvenile

to the sending state.

 

ARTICLE VIII

 

Responsibility for Costs

 

     (a) That the provisions of articles IV (b), V (b), and VII (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 for them.

     (b) That nothing in this compact shall be construed to prevent any party state or

subdivision from asserting any right against any person, agency or other entity in regard to costs

for which the party state or subdivision may be responsible pursuant to articles IV (b), V (b), or

VII (d) of this compact.

 

ARTICLE IX

 

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 X

 

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 to this compact for the

cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find

that the agreements will improve the facilities or programs available for the care, treatment and

rehabilitation. The care, treatment and rehabilitation may be provided in an institution located

within any state entering into the supplementary agreement. Any supplementary agreements

shall: (1) provide the rates to be paid for the care, treatment and custody of 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 or her being sent to

another state for care, treatment and custody; (3) provide that the state receiving such a delinquent

juvenile in one of its institutions shall act solely as agent for the state sending the 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 the

institutions by the sending state; (6) provide that the consent of the parent, guardian person or

agency entitled to the legal custody of the delinquent juvenile shall be secured prior to his or her

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 co-operating

states.

 

ARTICLE XI

 

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 of the

federal or any local government 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 donations, gifts and grants.

 

ARTICLE XII

 

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 XIII

 

Executive 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 the state, the form of execution to be in accordance with the laws of the

executing state.

 

ARTICLE XIV

 

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 to it. The duties and obligations of a renouncing state under

Article VII of this compact shall continue as to parolees and probationers residing in that state at

the time of withdrawal until retaken or finally discharged. Supplementary agreements entered

into under Article X of this compact shall be subject to renunciation as provided by any

supplementary agreements, and shall not be subject to the six (6) months' renunciation notice of

the present article.

 

ARTICLE XV

 

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 its applicability to any government, agency, person or circumstance is

held invalid, the validity of the remainder of this compact and its applicability to any government,

agency, person or circumstance shall not be affected by it. If this compact shall be held contrary

to the constitution of any state participating in it, 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.

 

     14-6.2-2. Amendment to compact. – The governor is authorized and directed to execute

with any other state legally joining, an amendment to the compact in substantially the following

form:

     (1) This amendment shall provide additional remedies, and shall be binding only as

among and between those party state which specifically execute the same.

     (2) All provisions and procedures of Articles V and VI 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 the 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 V of the compact shall be

forwarded by the judge of the court in which the petition has been filed.

 

     14-6.2-3. Ratification procedure – Effective date. – When the governor shall have

executed the compact on behalf of this state and shall have caused a verified copy to be filed with

the secretary of state; and when the compact shall have been ratified by one or more of the state,

territories or possessions of the United States, the District of Columbia, and/or the

Commonwealth of Puerto Rico, then the compact shall become operative and effective as

between this state and those other state or states, territories or possessions of the United States,

the District of Columbia, and/or the Commonwealth of Puerto Rico. The governor is authorized

and directed to take any action that may be necessary to complete the exchange of official

documents as between this state and any other state, territory or possession of the United States,

the District of Columbia, or the Commonwealth of Puerto Rico, ratifying the compact.

 

     14-6.2-4. Compact administrator. – Pursuant to the compact, the governor is authorized

and empowered to designate an officer who shall be the compact administrator and who, acting

jointly with like officers of other party states, shall promulgate rules and regulations to more

effectively carry out the terms of the compact. The compact administrator shall serve subject to

the pleasure of the governor. The compact administrator is authorized, empowered and directed

to cooperate with all departments, agencies and officers of and in the government of this state and

its subdivisions in facilitating the proper administration of the compact or of any supplementary

agreement or agreements entered into by this state under it.

 

     14-6.2-5. Supplementary agreements. – The compact administrator is authorized and

empowered to enter into supplementary agreements with appropriate officials of other states

pursuant to the compact. In the event that a supplementary agreement shall require or

contemplate the use of any institution or facility of this state or require or contemplate the

provision of any service by this state, the supplementary agreement shall have no force or effect

until approved by the head of the department or agency under whose jurisdiction the institution or

facility is operated or whose department or agency will be charged with the rendering of the

service.

 

     14-6.2-6. Financial arrangements. – The compact administrator, subject to the approval

of the director administration, may make or arrange for any payments necessary to discharge any

financial obligations imposed upon this state by the compact or by any supplemental agreement

entered into under it.

 

     14-6.2-7. Federal and other aid. – Any and all donations, gifts and grants of money,

equipment and services from the federal or any local government, or any agency of it, and from

any person, firm or corporation, for any of the purposes and functions of the compact, may be

accepted by and administered by the compact administrator, subject to the approval of the

director of administration, who may receive and utilize the aid, subject to the terms, conditions,

and regulation governing donations, gifts and grants.

 

     14-6.2-8. Fees. – Any judge of this state who appoints counsel or guardian ad litem

pursuant to the provisions of the compact may, in his or her discretion, fix a fee to be paid out of

funds available for disposition by the court, but no fee shall exceed to sum of fifty dollars

($50.00).

 

     14-6.2-9. Responsibilities of state departments, agencies and officers. – The courts,

departments, agencies, and officers of this state and its subdivisions shall enforce the compact and

shall do all things appropriate to the effectuation of its purposes and intent which may be within

their respective jurisdictions.

 

     14-6.2-10. "Delinquent juvenile" defined. – "Delinquent juvenile," as used in section

14-6.2-1, includes a wayward child as defined in chapter one of this title.

 

     14-6.2-11. Appropriations. – The general assembly shall annually appropriate, out of

any money in the treasury not otherwise appropriated, any sum that it may deem necessary to

carry out the purposes of this chapter; and the state controller is authorized and directed to draw

his or her orders upon the general treasurer for the payment of that sum, or so much of it as may

be required from time to time, upon receipt by him or her of properly authenticated vouchers.

 

     14-6.2-12. Expiration date. – This section shall be repealed and the term of the compact

shall expire upon the ratification of the Interstate Compact as referenced in chapter 14-6.1 et. seq.

of the general laws.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC01346/SUB A

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