2006 Code of Virginia § 16.1-323 - Governor to execute; form of compact

16.1-323. Governor to execute; form of compact.

The Governor of Virginia is hereby authorized and requested to execute, onbehalf of the Commonwealth of Virginia, with any other state or stateslegally joining therein, a compact which shall be in form substantially asfollows:

The contracting states solemnly agree: Article I - Findings and Purposes

That juveniles who are not under proper supervision and control, or who haveabsconded, escaped or run away, are likely to endanger their own health,morals and welfare, and the health, morals and welfare of others. Thecooperation of the states party to this compact is therefore necessary toprovide for the welfare and protection of juveniles and of the public withrespect to (1) cooperative supervision of delinquent juveniles on probationor parole; (2) the return, from one state to another, of delinquent juvenileswho have escaped or absconded; (3) the return, from one state to another, ofnondelinquent juveniles who have run away from home; and (4) additionalmeasures for the protection of juveniles and of the public, which any two ormore of the party states may find desirable to undertake cooperatively. Incarrying out the provisions of this compact the party states shall be guidedby the noncriminal, reformative and protective policies which guide theirlaws concerning delinquent, neglected or dependent juveniles generally. Itshall be the policy of the states party to this compact to cooperate andobserve their respective responsibilities for the prompt return andacceptance of juveniles and delinquent juveniles who become subject to theprovisions of this compact. The provisions of this compact shall bereasonably and liberally construed to accomplish the foregoing purposes. Article II - Existing Rights and Remedies

That all remedies and procedures provided by this compact be in addition toand not in substitution for other rights, remedies and procedures, and shallnot be in derogation of parental rights and responsibilities. Article III - Definitions

That, for the purposes of this compact, "delinquent juvenile" means anyjuvenile who has been adjudged delinquent and who, at the time the provisionsof this compact are invoked, is still subject to the jurisdiction of thecourt that has made such adjudication or to the jurisdiction or supervisionof an agency or institution pursuant to an order of such court; "probationor parole" means any kind of conditional release of juveniles authorizedunder the laws of the states party hereto; "court" means any court havingjurisdiction over delinquent, neglected or dependent children; "state"means any state, territory or possession of the United States, the Districtof Columbia, and the Commonwealth of Puerto Rico; and "residence" or anyvariant thereof means a place at which a home or regular place of abode ismaintained. Article IV - Return of Runaways

(a) That the parent, guardian, person or agency entitled to legal custody ofa juvenile who has not been adjudged delinquent but who has run away withoutthe consent of such parent, guardian, person or agency may petition theappropriate court in the demanding state for the issuance of a requisitionfor his 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'scustody, the circumstances of his running away, his location if known at thetime application is made, and such other facts as may tend to show that thejuvenile who has run away is endangering his own welfare or the welfare ofothers and is not an emancipated minor. The petition shall be verified byaffidavit, shall be executed in duplicate, and shall be accompanied by twocertified copies of the document or documents on which the petitioner'sentitlement to the juvenile's custody is based, such as birth certificates,letters of guardianship, or custody decrees. Such further affidavits andother documents as may be deemed proper may be submitted with such petition.The judge of the court to which this application is made may hold a hearingthereon to determine whether for the purposes of this compact the petitioneris entitled to the legal custody of the juvenile, whether or not it appearsthat the juvenile has in fact run away without consent, whether or not he isan emancipated minor, and whether or not it is in the best interest of thejuvenile to compel his return to the state. If the judge determines, eitherwith or without a hearing, that the juvenile should be returned, he shallpresent to the appropriate court or to the executive authority of the statewhere the juvenile is alleged to be located a written requisition for thereturn of such juvenile. Such requisition shall set forth the name and age ofthe juvenile, the determination of the court that the juvenile has run awaywithout the consent of a parent, guardian, person or agency entitled to hislegal custody, and that it is in the best interest and for the protection ofsuch juvenile that he be returned. In the event that a proceeding for theadjudication of the juvenile as a delinquent, neglected or dependent juvenileis pending in the court at the time when such juvenile runs away, the courtmay issue a requisition for the return of such juvenile upon its own motion,regardless of the consent of the parents, guardian, person or agency entitledto legal custody, reciting therein the nature and circumstances of thepending proceeding. The requisition shall in every case be executed induplicate and shall be signed by the judge. One copy of the requisition shallbe filed with the compact administrator of the demanding state, there toremain on file subject to the provisions of law governing records of suchcourt. Upon the receipt of a requisition demanding the return of a juvenilewho has run away, the court or the executive authority to whom therequisition is addressed shall issue an order to any peace officer or otherappropriate person directing him to take into custody and detain suchjuvenile. Such detention order must substantially recite the facts necessaryto the validity of its issuance hereunder. No juvenile detained upon suchorder shall be delivered over to the officer whom the court demanding himshall have appointed to receive him, unless he shall first be taken forthwithbefore a judge of a court in the state, who shall inform him of the demandmade for his return, and who may appoint counsel or guardian ad litem forhim. If the judge of such court shall find that the requisition is in order,he shall deliver such juvenile over to the officer whom the court demandinghim shall have appointed to receive him. The judge, however, may fix areasonable time to be allowed for the purposes of testing the legality of theproceeding.

Upon reasonable information that a person is a juvenile who has run away fromanother state party to this compact without the consent of a parent,guardian, person or agency entitled to his legal custody, such juvenile maybe taken into custody without a requisition and brought forthwith before ajudge of the appropriate court who may appoint counsel or guardian ad litemfor such juvenile and who shall determine after a hearing whether sufficientcause exists to hold the person, subject to the order of the court, for hisown protection and welfare, for such a time not exceeding 90 days as willenable his return to another state party to this compact pursuant to arequisition for his return from a court of that state. If, at the time when astate seeks the return of a juvenile who has run away, there is pending inthe state wherein he is found any criminal charge, or any proceeding to havehim adjudicated a delinquent juvenile for an act committed in such state, orif he is suspected of having committed within such state a criminal offenseor an act of juvenile delinquency, he shall not be returned without theconsent of such state until discharged from prosecution or other form ofproceeding, imprisonment, detention or supervision for such offense orjuvenile delinquency. The duly accredited officers of any state party to thiscompact, upon the establishment of their authority and the identity of thejuvenile being returned, shall be permitted to transport such juvenilethrough any and all the states party to this compact, without interference.Upon his return to the state from which he ran away, the juvenile shall besubject to such further proceedings as may be appropriate under the laws ofthat state.

(b) That the state to which a juvenile is returned under this Article shallbe responsible for payment of the transportation costs of such return.

(c) That "juvenile" as used in this Article means any person who is a minorunder the law of the state of residence of the parent, guardian, person oragency entitled to the legal custody of such minor. Article V - Return of Escapees and Absconders

(a) That the appropriate person or authority from whose probation or parolesupervision a delinquent juvenile has absconded or from whose institutionalcustody he has escaped shall present to the appropriate court or to theexecutive authority of the state where the delinquent juvenile is alleged tobe located a written requisition for the return of such delinquent juvenile.Such requisition shall state the name and age of the delinquent juvenile, theparticulars of his adjudication as a delinquent juvenile, the circumstancesof the breach of the terms of his probation or parole or of his escape froman institution or agency vested with his legal custody or supervision, andthe location of such delinquent juvenile, if known, at the time therequisition is made. The requisition shall be verified by affidavit, shall beexecuted in duplicate, and shall be accompanied by two certified copies ofthe judgment, formal adjudication, or order of commitment which subjects suchdelinquent juvenile to probation or parole or to the legal custody of theinstitution or agency concerned. Such further affidavits and other documentsas may be deemed proper may be submitted with such requisition. One copy ofthe requisition shall be filed with the compact administrator of thedemanding state, there to remain on file subject to the provisions of lawgoverning records of the appropriate court. Upon the receipt of a requisitiondemanding the return of a delinquent juvenile who has absconded or escaped,the court or the executive authority to whom the requisition is addressedshall issue an order to any peace officer or other appropriate persondirecting him to take into custody and detain such delinquent juvenile. Suchdetention order must substantially recite the facts necessary to the validityof its issuance hereunder. No delinquent juvenile detained upon such ordershall be delivered over to the officer whom the appropriate person orauthority demanding him shall have appointed to receive him, unless he shallfirst be taken forthwith before a judge of an appropriate court in the state,who shall inform him of the demand made for his return and who may appointcounsel or guardian ad litem for him. If the judge of such court shall findthat the requisition is in order, he shall deliver such delinquent juvenileover to the officer whom the appropriate person or authority demanding himshall have appointed to receive him. The judge, however, may fix a reasonabletime to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a delinquent juvenile who hasabsconded while on probation or parole, or escaped from an institution oragency vested with his legal custody or supervision in any state party tothis compact, such person may be taken into custody in any other state partyto this compact without a requisition. But in such event, he must be takenforthwith before a judge of the appropriate court, who may appoint counsel orguardian ad litem for such person and who shall determine, after a hearing,whether sufficient cause exists to hold the person subject to the order ofthe court for such a time, not exceeding 90 days, as will enable hisdetention under a detention order issued on a requisition pursuant to thisArticle. If, at the time when a state seeks the return of a delinquentjuvenile who has either absconded while on probation or parole or escapedfrom an institution or agency vested with his legal custody or supervision,there is pending in the state wherein he is detained any criminal charge orany proceeding to have him adjudicated a delinquent juvenile for an actcommitted in such state, or if he is suspected of having committed withinsuch state a criminal offense or an act of juvenile delinquency, he shall notbe returned without the consent of such state until discharged fromprosecution or other form of proceeding, imprisonment, detention orsupervision for such offense or juvenile delinquency. The duly accreditedofficers of any state party to this compact, upon the establishment of theirauthority and the identity of the delinquent juvenile being returned, shallbe permitted to transport such delinquent juvenile through any and all statesparty to this compact, without interference. Upon his return to the statefrom which he escaped or absconded, the delinquent juvenile shall be subjectto such further proceedings as may be appropriate under the laws of thatstate.

(b) That the state to which a delinquent juvenile is returned under thisArticle shall be responsible for payment of the transportation costs of suchreturn. 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 legal custody orsupervision in any state party to this compact, and any juvenile who has runaway from any state party to this compact, who is taken into custody withouta requisition in another state party to this compact under the provisions ofArticle IV (a) or of Article V (a), may consent to his immediate return tothe state from which he absconded, escaped or ran away. Such consent shall begiven by the juvenile or delinquent juvenile and his counsel or guardian adlitem if any, by executing or subscribing a writing, in the presence of ajudge of the appropriate court, which states that the juvenile or delinquentjuvenile and his counsel or guardian ad litem, if any, consent to his returnto the demanding state. Before such 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 rights under thiscompact. When the consent has been duly executed, it shall be forwarded toand filed with the compact administrator of the state in which the court islocated and the judge shall direct the officer having the juvenile ordelinquent juvenile in custody to deliver him to the duly accredited officeror officers of the state demanding his return, and shall cause to bedelivered to such officer or officers a copy of the consent. The court may,however, upon the request of the state to which the juvenile or delinquentjuvenile is being returned order him to return unaccompanied to such stateand shall provide him with a copy of such court order; in such event a copyof the consent shall be forwarded to the compact administrator of the stateto which said 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 astate party to this compact (herein called "sending state") may permit anydelinquent juvenile within such state, placed on probation or parole, toreside in any other state party to this compact (herein called "receivingstate") while on probation or parole, and the receiving state shall acceptsuch delinquent juvenile, if the parent, guardian or person entitled to thelegal custody of such delinquent juvenile is residing or undertakes to residewithin the receiving state. Before granting such permission, opportunityshall be given to the receiving state to make such investigations as it deemsnecessary. The authorities of the sending state shall send to the authoritiesof the receiving state copies of pertinent court orders, social case studiesand all other available information which may be of value to and assist thereceiving state in supervising a probationer or parolee under this compact. Areceiving state, in its discretion, may agree to accept supervision of aprobationer or parolee in cases where the parent, guardian or person entitledto the legal custody of the delinquent juvenile is not a resident of thereceiving state, and if so accepted the sending state may transfersupervision accordingly.

(b) That each receiving state will assume the duties of visitation and ofsupervision over any such delinquent juvenile and in the exercise of thoseduties will be governed by the same standards of visitation and supervisionthat prevail for its own delinquent juveniles released on probation or parole.

(c) That, after consultation between the appropriate authorities of thesending state and of the receiving state as to the desirability and necessityof returning such a delinquent juvenile, the duly accredited officers of asending state may enter a receiving state and there apprehend and retake anysuch delinquent juvenile on probation or parole. For that purpose, noformalities will be required, other than establishing the authority of theofficer and the identity of the delinquent juvenile to be retaken andreturned. The decision of the sending state to retake a delinquent juvenileon probation or parole shall be conclusive upon and not reviewable within thereceiving state, but if, at the time the sending state seeks to retake adelinquent juvenile on probation or parole, there is pending against himwithin the receiving state any criminal charge or any proceeding to have himadjudicated a delinquent juvenile for any act committed in such state, or ifhe is suspected of having committed within such state a criminal offense oran act of juvenile delinquency, he shall not be returned without the consentof the receiving state until discharged from prosecution or other form ofproceeding, imprisonment, detention or supervision for such offense orjuvenile delinquency. The duly accredited officers of the sending state shallbe permitted to transport delinquent juveniles being so returned through anyand all states party to this compact, without interference.

(d) That the sending state shall be responsible under this Article for payingthe costs of transporting any delinquent juvenile to the receiving state orof returning 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 compactshall not be construed to alter or affect any internal relationship among thedepartments, 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, orresponsibilities therefor.

(b) That nothing in this compact shall be construed to prevent any partystate or subdivision thereof from asserting any right against any person,agency or other entity in regard to costs for which such party state orsubdivision thereof may be responsible pursuant to Articles IV (b), V (b) orVII (d) of this compact. Article IX - Detention Practices

That, to every extent possible, it shall be the policy of states party tothis compact that no juvenile or delinquent juvenile shall be placed ordetained in any prison, jail or lockup nor be detained or transported inassociation with criminal, vicious or dissolute persons. Article X - Supplementary Agreements

That the duly constituted administrative authorities of a state party to thiscompact may enter into supplementary agreements with any other state orstates party hereto for the cooperative care, treatment and rehabilitation ofdelinquent juveniles whenever they shall find that such agreements willimprove the facilities or programs available for such care, treatment andrehabilitation. Such care, treatment and rehabilitation may be provided in aninstitution located within any state entering into such supplementaryagreement. Such supplementary agreements shall (1) provide the rates to bepaid for the care, treatment and custody of such delinquent juveniles, takinginto consideration the character of facilities, services and subsistencefurnished; (2) provide that the delinquent juvenile shall be given a courthearing prior to his being sent to another state for care, treatment andcustody; (3) provide that the state receiving such a delinquent juvenile inone of its institutions shall act solely as agent for the state sending suchdelinquent juvenile; (4) provide that the sending state shall at all timesretain jurisdiction over delinquent juveniles sent to an institution inanother state; (5) provide for reasonable inspection of such institutions bythe sending state; (6) provide that the consent of the parent, guardian,person or agency entitled to the legal custody of said delinquent juvenileshall be secured prior to his being sent to another state; and (7) makeprovision for such other matters and details as shall be necessary to protectthe rights and equities of such delinquent juveniles and of the cooperatingstates. Article XI - Acceptance of Federal and Other Aid

That any state party to this compact may accept any and all donations, giftsand grants of money, equipment and services from the federal or any localgovernment, or any agency thereof and from any person, firm or corporation,for any of the purposes and functions of this compact, and may receive andutilize the same subject to the terms, conditions and regulations governingsuch donations, gifts and grants. Article XII - Compact Administrators

That the governor of each state party to this compact shall designate anofficer who, acting jointly with like officers of other party states, shallpromulgate rules and regulations to carry out more effectively the terms andprovisions of this compact. Article XIII - Execution of Compact

That this compact shall become operative immediately upon its execution byany state as between it and any other state or states so executing. Whenexecuted it shall have the full force and effect of law within such state,the form of execution to be in accordance with the laws of the executingstate. Article XIV - Renunciation

That this compact shall continue in force and remain binding upon eachexecuting state until renounced by it. Renunciation of this compact shall beby the same authority which executed it, by sending six months' notice inwriting of its intention to withdraw from the compact to the other statesparty hereto. The duties and obligations of a renouncing state under ArticleVII hereof shall continue as to parolees and probationers residing therein atthe time of withdrawal until retaken or finally discharged. Supplementaryagreements entered into under Article X hereof shall be subject torenunciation as provided by such supplementary agreements, and shall not besubject to the six 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 tothe constitution of any participating state or of the United States or theapplicability thereof to any government, agency, person or circumstances isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the remaining states and in full force and effectas to the state affected as to all severable matters.

(Code 1950, 16.1-213.1; 1977, c. 559.)