522.1Interstate Compact For Juveniles
- Juvenile cases which involve other states (including absconders, runaways, transferred supervision cases, and offenses committed out-of-state) are governed by the Interstate Compact for Juveniles.
- The procedures for handling each different type of case are set according to rules promulgated by the Interstate Commission for Juveniles.
- Prosecutors should contact the Compact Administrator at the Division of Juvenile Justice for specific questions and guidance.
The Interstate Compact for Juveniles, Article 40 of G.S. Chapter 7B, became effective in 2008 after it was adopted by at least 35 states (it is now fully adopted by all 50 states, Washington D.C., and the Virgin Islands). See G.S. 7B-4000 to 4002. Like its predecessor, the Interstate Compact on Juveniles (Article 28 of G.S. Chapter 7B, repealed in 2005), the newer compact is intended to provide uniform procedures for cooperation among states in dealing with:
- Juveniles who run away from another state and come to North Carolina;
- Juveniles who run away from North Carolina and go to another state;
- Juveniles in North Carolina who are alleged to have committed delinquent acts in other states;
- Juveniles in other states who are alleged to have committed delinquent acts in North Carolina;
- Juveniles from other states who commit delinquent acts in North Carolina, but whose dispositions need to be supervised in the juvenile’s home state; and
- Juveniles from North Carolina who commit delinquent acts in other states but whose dispositions need to be supervised in North Carolina.
Unlike the previous compact, the statutes which comprise the current Interstate Compact for Juveniles (Article 40) do not set out the particular procedures for handling interstate issues involving delinquent juveniles. Instead, that guidance is provided by rules and forms issued by the Interstate Commission for Juveniles. As the Commission’s website explains:
The Interstate Compact for Juveniles is a contract between the states that regulates the interstate movement of juveniles who are under court supervision or who have run away from home and left their state of residence. States ratifying the compact are bound by federal law to observe the terms of the agreement. Compact provisions take precedence over conflicting state laws. The Compact provides for states’ supervision and return of juveniles who have run away from home and left their state of residence; are on probation, parole, or other supervision, or have escaped to another state; and have been accused of an offense in another state.
The Commission’s website provides all the necessary forms, contact information, and a step-by-step guide to procedures, along with a “toolkit” for the court (covering related topics such as eligibility, hearing requirements, and secure custody). Court counselors and prosecutors who frequently work in juvenile court should familiarize themselves with these compact procedures and forms. The Commission’s benchbook for court personnel provides a useful history of the compact and a summary of how it works.
For specific questions, North Carolina’s Compact Administrator in the Division of Juvenile Justice can provide further guidance and assistance. For more general reference, see the related entries (for adult defendants) regarding Extradition and Interstate Compact/Detainers.