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Bench Book for Judges and Court Personnel

NCJ Number
234076
Date Published
2011
Length
214 pages
Annotation
This Bench Book for Judges and Court Personnel presents the provisions of the Revised ICJ (Interstate Commission for Juveniles), which is the most recent major revision of the ICJ first published as model legislation by the Council of State Governments in 2004 and is now in effect in 46 jurisdictions as a replacement for the 1955 compact.
Abstract
The Revised ICJ is concerned exclusively with juvenile delinquents and status offenders when one State transfers its supervision responsibilities to another State. Courts and executive agencies of the member States must enforce the Compact and its rules by taking all necessary actions to implement the requirements. The ICJ allows for the enforcement of the Compact on member States for noncompliance through the following actions: remedial training and technical assistance; alternative dispute resolution, including mediation or arbitration; fines; suspension or termination from the Compact; or legal enforcement. All compacting States' laws other than State Constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict. Other provisions of the Revised ICJ presented and explained pertain to the juveniles covered by the Revised ICJ, general eligibility considerations, length-of-supervision requirements, restrictions on eligibility to transfer, the handling of status offenders and runaways, sentencing considerations, and the processing of referrals. Other ICJ provisions address the transfer of supervision, victim notification, closing a case, extradition, violation reports, retaking/rendition, detention and return of juveniles in the receiving State, immunity waiver, judicial immunity, and negligent supervision. Appended model legislation for the ICJ, by-laws of the ICJ, rules of the ICJ, advisory opinions of the ICJ, notice of clarification of OJJDP policy on secure detention of runaways, and process charts