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Explore scenarios of youth offenders on probation facing jurisdiction transfers. Learn legal processes, responsibilities, and implications within ICJ and ICAOS compacts.
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ICJ Training DaySession III: When Cases Overlap Between the Juvenile (ICJ) and the Adult (ICAOS) Compacts Annual Business Meeting San Diego September 26, 2017
Scenario #1Presented By: Gloria Soja and Alicia Ehlers • An 18-year-old on probation in Nebraska (age of majority is 19) is transferred to Colorado (age of majority is 18) via the ICJ. The youth absconds from probation supervision while living in Colorado ICJ and is located in Arizona (age of majority is 18).
Scenario #1Presented By: Gloria Soja and Alicia Ehlers Knowledge Questions: What are the next Steps? Which Compact Offices should work to return the youth? Why is the youth returned to Nebraska (probation absconder)? Where is the youth being held? Who is your local Compact Office contact? Once the youth is returned, what happens with the ICJ transfer?
Scenario #2Presented By: Jayce Nordmeyer and Anne Connor • A 17-year-old is on adult and juvenile probation in Nebraska. His family moves to Iowa. What if the ICJ transfer is approved by Iowa, but the adult probation term is a non-qualifying misdemeanor (DUI 1st) and Iowa won’t accept the adult transfer?
Scenario #2Presented By: Jayce Nordmeyer and Anne Connor Knowledge Questions: • What are qualifying misdemeanors under the adult compact? • What happens with his adult / juvenile probation terms? • How will the adult probation case be supervised given that adult transfer to Iowa was denied? • What other options are there?
Scenario #3Presented By: Jacey Nordmeyer and Kelly Palmateer • A youth on adult and juvenile probation in Nebraska is transferred via both compacts, ICJ & ICAOS, to Ohio, and absconds to another state.
Scenario #3Presented By: Jacey Nordmeyer and Kelly Palmateer Knowledge Questions: • Is the youth returned via the ICJ or as an Adult Compact Offender? • What due process requirements apply? • Does the youth have pending charges in other states? • Is the youth returned to the supervising or sending state?
Scenario #4Presented By: Maria Genca Jackie, age 17, was stopped on a traffic violation by LEO in Mecklenburg County (NC). She was listed in NCIC as a juvenile absconder from Ohio. Jackie, who is considered an adult by the holding state, was then placed in adult jail on a $25,000 unsecure bond. She made bond and was released with a pending court date in NC for the adult traffic charge. Upon release, she was placed in a homeless shelter. The NC ICJ office was not notified until the day after court. Jackie fled the shelter before the next scheduled court hearing on the adult matter in NC.
Scenario #4Presented By: Maria Genca Knowledge Questions: • What’s the legal status in Ohio? • Was the warrant entered in NCIC with no geographical limits and no bond amount? • What is the basis for her being held in North Carolina? • Where does the adult compact come into play here? • Based on her status as a juvenile absconder, where should Jackie be placed?
Scenario #5Presented By: Gloria Soja and Kelly Palmateer • Brandon was on juvenile parole from Virginia when he was found guilty of adult Felony offenses while living in North Carolina. Brandon was given an active sentence in NC with a maximum of three years to be served with the DOC / Division of Prisons. VA local was made aware and contacted VA ICJ office. Requisition II was prepared by VA and sent to NC.
Scenario #5Presented By: Gloria Soja and Kelly Palmateer Knowledge Questions: Will NC DOC accept the requisition as detainer for Virginia once the youth is released? Under what circumstances would the ICJ return process end? Why was the requisition prepared? What would have been another option?
Scenario #6Presented By: Anne Connor Seventeen-year-old Tori was arrested for shoplifting in North Carolina and placed in adult jail on a $500 unsecure bond. She was listed in NCIC as a juvenile absconder from Virginia. The NC local was notified and contacted NC ICJ. NC ICJ advised the NC local to contact the jail and place a juvenile secure custody hold on Tori so she wouldn’t be released (if she made bond) due to the outstanding juvenile warrant from VA.
Scenario #6Presented By: Anne Connor Knowledge Questions: Do you know who to call at the adult jail? Are you familiar with the process to add an out of state juvenile fugitive hold at an adult jail? Would this be heard in the adult court or in a juvenile court? Should VA file a requisition in this case? Once the adult matter is settled, will Tori be moved from adult jail or juvenile detention?
Scenario #7Presented By: Kelly Palmateer • Forty-two-year-old Sam was charged with 2 counts of murder from when he was a juvenile living in North Carolina in 1989. NC local notified NC ICJ of the allegations. NC ICJ informed Indiana ICJ since the accused delinquent “juvenile” was now living in Indianapolis. IN ICJ advised NC ICJ that Sam is a Habitual Felon and he is on Parole in Indiana with pending charges. NC ICJ sent a Requisition II to IN ICJ so Sam could be returned to NC to face 2 counts of murder from incidents occurring nearly 30 years ago.
Scenario #7Presented By: Kelly Palmateer Knowledge Questions: Should NC be issuing a warrant in addition to the requisition because of the nature of the charges? Do the adult charges in IN have to be resolved before the individual can be requisitioned back to NC based on the juvenile murder charge? What court in IN would be hearing the requisition, adult court or juvenile court? Will he be charged as an adult in North Carolina?
Scenario #8Presented By: Kelly Palmateer • PA submitted a referral packet to NY for a juvenile who agreed to the entry of a consent decree after being charged with a DUI in PA. The juvenile is 17 years old and has a NY driver’s license. PA’s conditions did not include a suspension of her license or any driving restrictions. Had she been arrested in NY on the same offense, she would have been convicted and sentenced in criminal court and these conditions would have been imposed. Thus, due to the age of majority, NY does not have any juvenile probation conditions that would both address the needs of this offender, as well as the public safety issues this type of offender presents.
Scenario #8Presented By: Kelly Palmateer Knowledge Questions: What are the specific probation conditions in PA? Are there are any programs available in NY outside of probation that the youth could be referred to? If PA has court ordered the youth to participate in certain programs, then PA would be financially responsible for paying for it per ICJ Rule 5-101(6). Is it possible to impose adult conditions on a juvenile transfer?
Scenario #9Presented By: Kelly Palmateer • A juvenile was arrested in FL where he resided with his mother. After his arrest, the mother sent the juvenile to NY to live with his father. While his FL case was pending, the juvenile was arrested in NY. Due to the age of majority in NY, he was convicted as an adult and placed on adult probation supervision. Shortly after his conviction in NY, the juvenile was adjudicated delinquent in FL and a referral packet was sent to NY for investigation. NY submitted a home evaluation report denying supervision for several reasons, including the fact that the juvenile’s father had become incarcerated soon after the youth arrived in NY and that the juvenile requested to return to FL to reside with his mother.
Scenario #9Presented By: Kelly Palmateer Knowledge Questions: Could an alternative placement have been found with another viable resource in NY? Does a referral for transfer of supervision need to be made through the Adult Compact so he can return to Florida since he was convicted as an adult in New York? What is the process?
Scenario #10Presented By: Gloria Soja and Anne Connor • A 17-year-old male and an 18-year-old male were arrested in NV for possession and discharge of a weapon at Planet Hollywood. Both are parole absconders from OR. The 17-year-old male is originally housed as a juvenile, but NV court transferred the new charges to adult court. His adult charges are still pending. The 18-year-old male is housed and charged as an adult. He is sentenced to secure custody in Nevada until 2018.
Scenario #10Presented By: Kelly Palmateer Knowledge Questions: What laws govern access to information about the juvenile being detained and adjudicated as an adult? At what point can Oregon return these two parole absconders? Under what circumstances can Oregon decline the return? If the 17-year-old is adjudicated as an adult, but only given probation time, can Nevada release him?
