2006 New Mexico Statutes - Section 32A-10-1 — Interstate Compact on Juveniles — (Contingent repeal, see note.)

32A-10-1. Interstate Compact on Juveniles. (Contingent repeal, see note.)

The Interstate Compact on Juveniles is entered into with all other jurisdictions legally joining therein in a form substantially as follows:     INTERSTATE COMPACT ON JUVENILES  Article 1 - Findings and Purposes   

A.     Juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to:   

(1)     cooperative supervision of delinquent juveniles on probation or parole;   

(2)     the return from one state to another of delinquent juveniles who have escaped or absconded;   

(3)     the return from one state to another of nondelinquent juveniles who have run away from home; and   

(4)     additional measures for the protection of juveniles and of the public which any two or more of the party states may find desirable to undertake cooperatively.   

B.     In carrying out the provisions of this compact, the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.     Article 2 - Existing Rights and Remedies   

All remedies and procedures provided by this compact shall be in addition to, and not in substitution for, other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.     Article 3 - Definitions   

For the purposes of this compact:   

A.     "delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of the court;   

B.     "probation or parole" means any kind of conditional release of juveniles authorized under the laws of the states party to this compact;   

C.     "court" means any court having jurisdiction over delinquent, neglected or dependent children;   

D.     "state" means any state, territory or possession of the United States, the District of Columbia and the commonwealth of Puerto Rico; and   

E.     "residence" or any variant thereof means a place at which a home or regular place of abode is maintained.     Article 4 - Return of Runaways   

A.     The parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of the parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for 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's custody, the circumstances of his running away, his location if known at the time application is made and other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship or custody decrees. Further affidavits and other documents as deemed proper may be submitted with the petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether, for the purposes of this compact, the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has, in fact, run away without consent, whether or not he is an emancipated minor and whether or not it is in the best interest of the juvenile to compel his return to the state.   

B.     If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of the juvenile. The requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody and that it is in the best interest and for the protection of the juvenile that he be returned. If a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when the juvenile runs away, the court may issue a requisition for the return of the juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court.   

C.     Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain the juvenile. The detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him has appointed to receive him unless he is first taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him. If the judge of such court finds that the requisition is in order, he shall deliver the juvenile over to the officer whom the court demanding him has appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.   

D.     Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, the juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for the juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for a time not exceeding ninety days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state.   

E.     If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense of an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency.   

F.     The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport the juvenile through all states party to this compact without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to further proceedings as may be appropriate under the laws of that state.   

G.     The state to which a juvenile is returned under this article shall be responsible for payment of the transportation costs of the return.   

H.     As used in this article, "juvenile" means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of the minor.     Article 5 - Return of Escapees and Absconders   

A.     The appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of the delinquent juvenile. The requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision and the location of the delinquent juvenile, if known at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the judgment, formal adjudication or order of commitment which subjects the delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Further affidavits and other documents deemed proper may be submitted with the requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court.   

B.     Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain the delinquent juvenile. The detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him has appointed to receive him unless he is first 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 appoint counsel or guardian ad litem for him. If the judge of such court finds that the requisition is in order, he shall deliver the delinquent juvenile over to the officer whom the appropriate person or authority demanding him has appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.   

C.     Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole or escaped from an institution or authority vested with his legal custody or supervision in any state party to this compact, the person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for the person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for a time not exceeding ninety days as will enable his detention under a detention order issued on a requisition pursuant to this article.   

D.     If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency.   

E.     The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport the delinquent juvenile through all states party to this compact without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to further proceedings as may be appropriate under the laws of that state.   

F.     The state to which a delinquent juvenile is returned under this article shall be responsible for the payment of the transportation costs of the return.     Article 6 - Voluntary Return Procedure   

A.     Any delinquent juvenile who has absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact who is taken into custody without a requisition in another state party to this compact under the provisions of Article 4B or Article 5C, may consent to his immediate return to the state from which he absconded, escaped or ran away. The consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state. Before the consent is 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 this compact.   

B.     When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered 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 delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which the juvenile or delinquent juvenile is ordered to return.     Article 7 - Cooperative Supervision of Probationers and Parolees   

A.     The duly constituted judicial and administrative authorities of a state party to this compact, herein called "sending state," may permit any delinquent juvenile within the state placed on probation or parole to reside in any other state party to this compact, herein called "receiving state," while on probation or parole, and the receiving state shall accept the delinquent juvenile if the parent, guardian or person entitled to the legal custody of the delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make investigations it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted, the sending state may transfer supervision accordingly.   

B.     Each receiving state will assume the duties of visitation and supervision over any such delinquent juvenile and, in the exercise of those duties, will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.   

C.     After consultation between the appropriate authorities of the sending state and the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon, and not reviewable within, the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for the offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through all states party to this compact without interference.   

D.     The sending state shall be responsible under this article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.     Article 8 - Responsibility for Costs   

A.     The provisions of Articles 4G, 5F and 7D of this compact shall not be construed to alter or affect any internal relationship among the departments, 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 or responsibilities therefor.   

B.     Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which the party state or subdivision thereof may be responsible pursuant to Articles 4G, 5F or 7D of this compact.    

Article 9 - Detention Practices   

To every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.     Article 10 - Supplementary Agreements   

The duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. The care, treatment and rehabilitation may be provided in an institution located within any state entering into the supplementary agreement. Supplementary agreements shall:   

A.     provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished;   

B.     provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody;   

C.     provide that the state receiving the delinquent juvenile in one of its institutions shall act solely as agent for the state sending the delinquent juvenile;   

D.     provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state;   

E.     provide for reasonable inspection of such institutions by the sending state;   

F.     provide that the consent of the parent, guardian, person or agency entitled to the legal custody of the delinquent juvenile shall be secured prior to his being sent to another state; and   

G.     make provision for other matters and details as necessary to protect the rights and equities of the delinquent juveniles and of the cooperating states.     Article 11 - Acceptance of Federal and Other Aid   

Any state party to this compact may accept any donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof, and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize them subject to the terms, conditions and regulations governing the donations, gifts and grants.     Article 12 - Compact Administrators   

Each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.     Article 13 - Execution of Compact   

This compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within the state, the form or execution to be in accordance with the laws of the executing state.     Article 14 - Renunciation   

This compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under Article 7 hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under Article 10 hereof shall be subject to renunciation as provided by the supplementary agreements, and shall not be subject to the six months' renunciation notice of the present article.     Article 15 - Severability   

The provisions of this compact are severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States, or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact is held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.