Returning Juveniles with Pending Delinquency Matters in Other States Under the Interstate Compact for Juveniles

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, [...]