Chapter 11. Juvenile and Domestic Relations District Courts.
Interstate Compact Relating to Juveniles.
Article 14. Interstate Compact Relating to Juveniles.
§ 16.1-323. Governor to execute; form of compact.
The Governor of Virginia is hereby authorized and requested to execute, on behalf of the Commonwealth of Virginia, with any other state or states legally joining therein, a compact which shall be in form substantially as follows:
The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress by enacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to (i) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (ii) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (iii) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (iv) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (v) provide for the effective tracking and supervision of juveniles; (vi) equitably allocate the costs, benefits and obligations of the compacting states; (vii) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; (viii) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (ix) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (x) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (xi) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (xii) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (xiii) coordinate the implementation and operation of the compact with the Interstate Compact on the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
As used in this compact, unless the context clearly requires a different construction:
"Bylaws" means those bylaws established by the Interstate Commission for its governance or for directing or controlling its actions or conduct.
"Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact.
"Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the state council under this compact.
"Compacting state" means any state that has enacted the enabling legislation for this compact.
"Court" means any court having jurisdiction over delinquent, neglected, or dependent children.
"Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact.
"Interstate Commission" means the Interstate Commission for Juveniles created by Article III of this compact.
"Juvenile" means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
- Accused delinquent: a person charged with an offense that, if committed by an adult, would be a criminal offense;
- Accused status offender: a person charged with an offense that would not be a criminal offense if committed by an adult;
- Adjudicated delinquent: a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
- Adjudicated status offender: a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
Nonoffender: a person in need of supervision who has not been accused of being or adjudicated a status offender or delinquent.
"Noncompacting state" means any state that has not enacted the enabling legislation for this compact.
"Probation or parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
"Rule" means a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, that has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.
"State" means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Northern Marianas Islands.
Interstate Commission for Juveniles.
- The compacting states hereby create the "Interstate Commission for Juveniles." The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein and additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
- The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created in Article IX. The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.
- In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact on the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional ex officio (nonvoting) members, including members of other national organizations, in such numbers as shall be determined by the commission.
- Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
- The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
- The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administer enforcement and compliance with the provisions of the compact, its bylaws, and rules; and perform other duties as directed by the Interstate Commission or set forth in the bylaws.
- Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specific meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
- The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent that they would adversely affect personal privacy rights or proprietary interests.
Public notice shall be given of all meetings, and all meetings shall be open to the public except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
- Relate solely to the Interstate Commission's internal personnel practices and procedures;
- Disclose matters specifically exempted from disclosure by statute;
- Disclose trade secrets or commercial or financial information that is privileged or confidential;
- Involve accusing any person of a crime or formally censuring any person;
- Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
- Disclose investigative records compiled for law-enforcement purposes;
- Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
- Disclose information the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
- Specifically relate to the Interstate Commission's issuance of a subpoena or its participation in a civil action or other legal proceeding.
- For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in the minutes.
- The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules that shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
Powers and Duties of the Interstate Commission.
The commission shall have the following powers and duties:
- To provide for dispute resolution among compacting states;
- To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
- To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission;
- To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
- To establish and maintain offices that shall be located within one or more of the compacting states;
- To purchase and maintain insurance and bonds;
- To borrow, accept, hire, or contract for services of personnel;
- To establish and appoint committees and hire staff that it deems necessary for carrying out its functions including but not limited to an executive committee as required by Article III that shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;
- To elect or appoint such officers, attorneys, employees, agents, or consultants and to fix their compensation, define their duties and determine their qualifications and to establish the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel;
- To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it;
- To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;
- To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
- To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact;
- To sue and be sued;
- To adopt a seal and bylaws governing the management and operation of the Interstate Commission;
- To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
- To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;
- To coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity;
- To establish uniform standards of the reporting, collecting, and exchanging of data; and
- To maintain its corporate books and records in accordance with the bylaws.
Organization and Operation of the Interstate Commission.
The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including but not limited to:
- Establishing the fiscal year of the Interstate Commission;
- Establishing an executive committee and such other committees as may be necessary;
- Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;
- Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;
- Establishing the titles and responsibilities of the officers of the Interstate Commission;
- Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all its debts and obligations;
- Providing start-up rules for initial administration of the compact; and
- Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
- The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including but not limited to:
Officers and staff.
- The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairman and a vice-chairman, each of whom shall have such authority and duties as may be specified in the bylaws. The chairman or, in the chairman's absence or disability, the vice-chairman shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
- The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.
Qualified immunity, defense and indemnification.
- The commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by, arising out of, or relating to any actual or alleged act, error, or omission that occurred or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; however, any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
- The liability of any commissioner or the employee or agent of a commissioner, acting within the scope of such person's employment or duties, for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
- The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
- The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the commissioner's representatives or employees, or the Interstate Commission's representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
Rulemaking Functions of the Interstate Commission.
- The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
- Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the Model State Administrative Procedure Act, 1981 Act, Uniform Laws Annotated, vol. 15, p. 1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.
When promulgating a rule, the Interstate Commission shall, at a minimum:
- Publish the proposed rule's entire text, stating the reasons for that proposed rule;
- Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record and be made publicly available;
- Provide an opportunity for an informal hearing if petitioned by 10 or more persons; and
- Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.
- Allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedure Act.
- If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
- The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.
- Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule that shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
Oversight, Enforcement and Dispute Resolution by the Interstate Commission.
- The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states that might significantly affect compacting states.
- The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes.
- The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
- The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
- The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any means set forth in Article XI of this compact.
- The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
- The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff that shall be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states that governs said assessment.
- The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet them; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
- The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
The State Council.
Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership shall include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to development of policy concerning operations and procedures of the compact within that state.
Compacting States, Effective Date and Amendment.
- Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands are eligible to become a compacting state.
- The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment of the compact into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
- The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Withdrawal, Default, Termination, and Judicial Enforcement.
- Once effective, the compact shall continue in force and remain binding upon each compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.
- The effective date of withdrawal is the effective date of the repeal.
- The withdrawing state shall immediately notify the chairman of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof.
- The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extends beyond the effective date of withdrawal.
- Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state's reenacting the compact or upon such later date as determined by the Interstate Commission.
Technical assistance, fines, suspension, termination, and default.
If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws, or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
- Remedial training and technical assistance as directed by the Interstate Commission;
- Alternative dispute resolution;
- Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and
- Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default include but are not limited to failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly promulgated rules and any other grounds designated in commission bylaws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state shall cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.
- Within 60 days of the effective date of the termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council.
- The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations the performance of which extends beyond the effective date of termination.
- The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
- Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
- If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, the bylaws, or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules, and bylaws, against any compacting state in default. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
Dissolution of compact.
- The compact dissolves effective upon the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state.
- Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
Severability and Construction.
- The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
- The provisions of this compact shall be liberally construed to effectuate its purposes.
Binding Effect of Compact and Other Laws.
- Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
- All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Binding effect of the compact.
- All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
- All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
- When there is a conflict over meaning or interpretation of Interstate Commission, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation upon the request of a party to the conflict and upon a majority vote of the compacting states.
In the event that any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective, and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
(Code 1950, § 16.1-213.1; 1977, c. 559; 2007, cc. 277, 387.)
Compact cross references. - As to provisions of other member states, see:
Alabama: Code of Ala. § 44-2-10 et seq.
Alaska: Alaska Stat. § 47.15.010.
Arizona: A.R.S. § 8-368.01 et seq.
Arkansas: A.C.A. § 9-29-401 et seq.
California: Cal.Wel. & Inst. Code § 1400.
Colorado: C.R.S. § 24-60-701 et seq.
Connecticut: Conn. Gen. Stat. § 46b-149 et seq.
Delaware: 31 Del. C. § 5203.
Florida: Fla. Stat. § 985.802.
Hawaii: H.R.S. § 582D-1.
Idaho: Idaho Code § 16-1901 et seq.
Illinois: 45 ILCS 11/10.
Kansas: K.S.A. § 38-1001 et seq.
Kentucky: KRS §§ 615.010
Louisiana: La. Ch.C. Art. 1661.
Maine: 34-A M.R.S. § 9901 et seq.
Maryland: Md. Ann. Code art. HU, § 9-301 et seq.
Michigan: MCL §§ 3.691, 3.692.
Mississippi: Miss. Code Ann. § 43-25-101.
Missouri: § 210.570 R.S.Mo.
Montana: Mont. Code Anno., §§ 41-6-101 - 41-6-106.
Nevada: Nev. Rev. Stat. Ann. § 621.015 st seq.
New Jersey: N.J. Stat. § 9:23B-1 et seq.
New Mexico: N.M. Stat. Ann. § 32A-10-9.
North Carolina: N.C. Gen. Stat. §§ 7B-4000 - 7B-4002.
North Dakota: N.D. Cent. Code, § 12-66-01.
Oklahoma: 10 Okl. St. § 7309-1.1 et seq.
Pennsylvania: 11 P.S. §§ 890.1 - 890.6.
Rhode Island: R.I. Gen. Laws § 14-6-1 et seq.
South Carolina: S.C. Code Ann. § 20-7-8800 et seq.
South Dakota: S.D. Codified Laws § 26-12-15 et seq.
Tennessee: Tenn. Code Ann. § 37-4-101.
Texas: Tex. Fam. Code § 60.001 et seq.
Utah: Utah Code Ann. §§ 55-12-100 - 55-12-118.
Washington: Rev. Code Wash. (ARCW) § 13.24.011 et seq.
West Virginia: W. Va. Code §§ 49-8 A-1 - 49-8 A-4.
Wisconsin: Wis. Stat. § 938.999.
Wyoming: Wyo. Stat. § 14-6-102.
Editor's note. - Acts 2007, cc. 277 and 387, cl. 3, provides: "That § 16.1-323 of the Code of Virginia shall govern the covered interactions between the Commonwealth and those jurisdictions that have not ratified the Interstate Compact for Juveniles."
Acts 2007, cc. 277 and 387, cl. 4 provides: "That the provisions of this act shall become effective on the later of July 1, 2007, or upon enactment of the Interstate Compact for Juveniles, in substantially the form set out in § 16.1-323 of the Code of Virginia, by no less than 35 states as provided in § 16.1-323 of the Code of Virginia. In making a determination that this act has come into effect, the Governor may rely on the written representation of the National Institute of Corrections of the United States Department of Justice." This section, as rewritten, became effective August 26, 2008, when Illinois enacted the compact.
The 2007 amendments. - The 2007 amendments by cc. 277 and 387 are nearly identical, and rewrote the Compact.
Reliance on advice of probation officer from compact state as affirmative defense. - Under the Interstate Compact Relating to Juveniles, § 16.1-323 , where a juvenile's probation was transferred to North Carolina, a probation officer in that state became an adjunct officer of Virginia's probation system. Thus, defendant could assert, pursuant to Miller v. Commonwealth , his alleged reasonable reliance on such a probation officer's advice as an affirmative defense to a charge of possession of a firearm by a convicted felon. Palmer v. Commonwealth, 48 Va. App. 457, 632 S.E.2d 611, 2006 Va. App. LEXIS 344 (2006).
Alabama: Although facts do not show that Alabama followed specific procedures for extraditing the appellant, there is no indication from the record that the appellant was ever in the custody of the State of Tennessee; hence, § 44-2-1 is not applicable to the facts of this case. R.L.A.C. v. State, 2001 Ala. Crim. App. LEXIS 320, 823 So. 2d 1288 (Ala. Crim. App. 2001).
Where the appellant failed to challenge his extradition from Tennessee until he was in Alabama, the issue of extradition is moot. R.L.A.C. v. State, 2001 Ala. Crim. App. LEXIS 320, 823 So. 2d 1288 (Ala. Crim. App. 2001).
Alaska: Even though the Compact was not controlling because the juvenile was being held through contract with the federal government, as opposed to a party state, it still represented the state's public policy on confining juveniles who reach eighteen years of age before their delinquency hearings; such juveniles should not be confined with adult criminals. Davenport v. McGinnis, 522 P.2d 1140, 1974 Alas. LEXIS 358 (Alaska 1974).
California: In a case where juvenile agreed to the conditions of probation imposed by the Texas state juvenile court and to ICJ requirements in California upon moving there, the California court lacked subject matter jurisdiction and acted in excess of the scope of section 290 of the California Penal Code when it imposed judgment on him for failure to register as a sex offender in Mendocino County. The California state court lacked authority to require defendant to register only because he agreed to that requirement as a condition of probation in the transfer agreement, pursuant to the Interstate Compact on Juveniles. In re Crockett, 159 Cal. App. 4th 751, 71 Cal. Rptr. 3d 632, 159 Cal. App. 4th 751, 2008 Cal. App. LEXIS 159 (2008).
The Interstate Compact Relating to Juveniles does not apply to out-of-state visits to a natural parent by a child detained temporarily in the state's custody. In re Emmanuel R., 94 Cal. App. 4th 452, 114 Cal. Rptr. 2d 320 (1st Dist. 2001).
Florida: The fact that juveniles, returned to a demanding state from an asylum state via "requisition" under the Compact, are not afforded the same procedural safeguards guaranteed to adults under the Uniform Interstate Extradition statute is consistent with the general purposes of juvenile offender laws versus adult criminal laws; the goal of the former is rehabilitation and, therefore, a juvenile adjudicated as delinquent is not considered a criminal, so is not entitled to the same procedural safeguards as an adult offender who will face criminal punishment. Consequently, the Interstate Compact on Juveniles does not violate the due process and equal protection provisions of the Constitution. In re W., 377 So. 2d 22, 1979 Fla. LEXIS 4855 (Fla. 1979).
Montana: The Interstate Compact on Juveniles, when read with the Uniform Child Custody Jurisdiction Act, gives Montana courts the authority to deny a Wyoming requisition order, and to subsequently place a non-delinquent youth in a private home. In re Pierce, 184 Mont. 82, 601 P.2d 1179, 1979 Mont. LEXIS 914 (1979).
New York: The standard in requisition proceedings under the Compact where a reasonable showing has been made as to the legality of the proceedings underlying the order of requisition is not a general "best interest" of the child standard; rather, the burden of proof in this case is upon the juvenile to show that return to the requisitioning state would place the juvenile in imminent risk to her life or mental or physical health. In re Stacey B., 2002 N.Y. Misc. LEXIS 222, 190 Misc. 2d 713, 741 N.Y.S.2d 644 (N.Y. Fam. Ct. 2002).
North Caroina: The Compact mandates a finding that the requisition from the home state is in order, and that the name and age of the juvenile on the requisition match those of the juvenile present in court, before the court orders the juvenile returned to the home state; however, the Compact does not require an inquiry into the juvenile's best interest before return is ordered, as this inquiry is reserved to the demanding state. In re Teague, 91 N.C. App. 242, 371 S.E.2d 510 (1988), cert. denied, appeal dismissed, 323 N.C. 624, 374 S.E.2d 588 (1988).
The fact that the Compact does not require a best interest determination prior to ordering return to the requisitioning state does not render it unconstitutional; it does not violate principles of equal protection because all juveniles are treated the same under the Compact, and does not violate due process requirements because, assumedly, juveniles' best interests are determined by the home state when deciding whether or not to file for requisition. In re Teague, 91 N.C. App. 242, 371 S.E.2d 510 (1988), cert. denied, appeal dismissed, 323 N.C. 624, 374 S.E.2d 588 (1988). See also, Application of Chin, 246 N.Y.S.2d 306 (1963).
Oklahoma: The Interstate Compact on Juveniles does not apply to a four-year-old who was removed from her former home state by a legal guardian, and who was not a runaway, absconder, escapee or juvenile delinquent. Pfotenhauer v. Hunter, 1975 OK 84, 536 P.2d 923 (Okla. 1975). See also, Crooks v. District Court of Oklahoma, 581 P.2d 897 (1978).
When requisition is sought under the Interstate Compact on Juveniles for a juvenile located in Oklahoma, that juvenile is entitled to the same due process and procedural safeguards as an adult subject to an extradition proceeding. Wood v. Benson, 1987 OK CR 161, 740 P.2d 1196 (Okla. Crim. App. 1987).
Because the asylum state's review of a requisition order under the Compact adjudicates neither rights nor status, fundamental fairness and due process do not entitle a juvenile to a jury trial to determine the sufficiency of the requisition order. Haskins v. Carter, 1973 OK CR 72, 506 P.2d 1391 (Okla. Crim. App. 1973).
Pennsylvania: Even though Pennsylvania did not comply with the requisition procedures prescribed by the Compact, the only remedy available to juvenile was the exclusion of any evidence obtained through exploitation of the improper procedure. In re Appeal of Cowell, 243 Pa. Super. 177, 364 A.2d 718 (1976).
The Interstate Compact on Juveniles does not affect the political balance of the federal government, nor any power delegated to the federal government; consequently, the fact that the Compact has not been approved by Congress does not render it violative of Article I, section 10 of the U.S. Constitution. In re S.A., 60 Pa. D. & C.2d 55 (1972). See also, In re D.B., 431 A.2d 498 (1981).
Texas: Arizona court issued requisition to Texas with a finding that the juvenile had run away from home and should be returned, and upon finding that the requisition was "in order" the judge must perform the ministerial act of ordering return of the juvenile to the demanding state. The judge should not make a determination as to endangerment, because that is implied by the compact. In re Texas, 2003 Tex. App. LEXIS 354, 97 S.W.2d 746 (January 16, 2003).
Washington: Because the Compact does not specifically define the word "juvenile," extradition cases have typically looked to the law of the demanding state to determine whether the person charged is a juvenile. State v. Cook, 115 Wn. App. 829, 2003 Wash. App. LEXIS 272, 64 P.3d 58 (Ct. App. 2003).
Hearing upon requisition order in asylum state required more than mere finding that everything was "in order"; careful consideration of all the circumstances was required before returning a juvenile to institutional custody. In re Welfare of Wiles, 15 Wn. App. 61, 547 P.2d 302 (1976).
West Virginia: To effectuate the legislative intent behind the Compact, a juvenile court must examine whether it is in the juvenile's best interests before returning a runaway, never adjudicated as delinquent, to the home state. In re M.D., 171 W. Va. 209, 298 S.E.2d 243 (1982).
Applied in CO: ; People in re R.H., 41 Colo. App. 17, 583 P.2d 936 (1978); Abad v. Ricketts, 645 P.2d 848, 1982 Colo. LEXIS 604 (Colo. 1982); E.P. v. District Court of Garfield County, 696 P.2d 254, 1985 Colo. LEXIS 379 (Colo. 1985); People v. Lucas, 992 P.2d 619, 1999 Colo. App. LEXIS 48 (Ct. App. 1999) FL: ; V.C.F. v. State, 569 So. 2d 1364, 1990 Fla. App. LEXIS 8734 (Fla. Dist. Ct. App. 1st Dist. 1990); Dep't of Children & Family Servs. v. G.S.C., 812 So. 2d 509 (Fla. Dist. Ct. App. 2d Dist. 2002); DuFresne v. State, 826 So. 2d 272, 2002 Fla. LEXIS 1841 (Fla. 2002) MO: ; In re C.G., 539 S.W.2d 705, 1976 Mo. App. LEXIS 2739 (Mo. Ct. App. 1976) NJ: ; State in re H., 147 N.J. Super. 1, 370 A.2d 506, 1977 N.J. Super. LEXIS 653 (1977) OK: ; J.T. v. State, 1998 OK CIV APP 8, 954 P.2d 174 (Okla. Civ. App. 1997) PA: ; Commonwealth ex rel. Colbert v. Aytch, 246 Pa. Super. 278, 369 A.2d 1321 (1976), aff'd, 478 Pa. 314, 386 A.2d 950 (1978); Commonwealth ex rel. Reyes v. Aytch, 246 Pa. Super. 287, 369 A.2d 1325 (1976); Commonwealth ex rel. Kelly v. Aytch, 254 Pa. Super. 28, 385 A.2d 508 (1978); In re Kallinger, 481 Pa. 185, 392 A.2d 309 (1978); In re J.P., 516 Pa. 550, 533 A.2d 1006 (1987) RI: In re Susan, 122 R.I. 677, 411 A.2d 296 (1980) UT: Burnham v. Hayward, 663 P.2d 65 (Utah 1983) WN: ; In re Schy, 20 Wn. App. 498, 580 P.2d 1114 (1978) WY: ; MTM v. L.D., 2002 WY 26, 41 P.3d 522 (Wyo. 2002).
§ 16.1-323.1. State Council for Interstate Compact for Juveniles.
The Virginia Council for the Interstate Compact for Juveniles (the Council) is created as a policy council, within the meaning of §
, in the executive branch of state government. The Council shall consist of five members:
- One representative of the legislative branch appointed by the Joint Rules Committee;
- One representative of the judicial branch appointed by the Chief Justice of the Supreme Court;
- One representative of the executive branch appointed by the Governor;
- One nonlegislative citizen member, representing a victims' group appointed by the Governor; and
- One nonlegislative citizen member who in addition to serving as a member of the Council shall serve as the compact administrator for Virginia, appointed by the Governor. The appointments shall be subject to confirmation by the General Assembly. The legislative members and other state officials appointed to the Council shall serve terms coincident with their terms of office. Members who are not state officials shall be appointed for four-year terms. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
- The Council shall appoint the compact administrator as the Virginia commissioner to the Interstate Commission. The Virginia commissioner shall serve on the Interstate Commission in such capacity under or pursuant to the applicable laws of this Commonwealth.
- The Council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by the Council, including development of policies concerning operations and procedures of the compact within Virginia.
- The Council shall elect a chairman and vice-chairman annually. A majority of the members of the Council shall constitute a quorum. Meetings of the Council shall be held at the call of the chairman or whenever the majority of the members so request.
- Legislative members of the Council shall receive such compensation as provided in § 30-19.12 and nonlegislative citizen members shall receive such compensation as provided in § 2.2-2813 for their services. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825 . Funding for the costs of compensation and expenses of the members shall be provided by the Department of Juvenile Justice.
The Department of Juvenile Justice shall provide staff support to the Council.
(2007, cc. 277, 387.)
Editor's note. - Acts 2007, cc. 277 and 387, cl. 4 provides: "That the provisions of this act shall become effective on the later of July 1, 2007, or upon enactment of the Interstate Compact for Juveniles, in substantially the form set out in § 16.1-323 of the Code of Virginia, by no less than 35 states as provided in § 16.1-323 of the Code of Virginia. In making a determination that this act has come into effect, the Governor may rely on the written representation of the National Institute of Corrections of the United States Department of Justice." This section became effective August 26, 2008, when Illinois enacted the compact.