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Session Laws, 1966
Volume 678, Page 895   View pdf image (33K)
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J. MILLARD TAWES, Governor                       895

protection and welfare, for such a time not exceeding 90 days as
will enable his return to another state party to this compact pur-
suant to a requisition for his return from a court of that state. 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 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. 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 such juvenile through any and 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 such further
proceedings as may be appropriate under the laws of that state.

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

(c)  That "juvenile" as used in this Article 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 such
minor.

ARTICLE VReturn of Escapees and Absconders

(a) That the appropriate person or authority from whose proba-
tion 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 such delinquent juvenile. Such 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 super-
vision, and the location of such delinquent juvenile, if known, at the
time the requisition is made. The requisition shall be verified by affi-
davit, shall be executed in duplicate, and shall be accompanied by
two certified copies of the judgment, formal adjudication, or order
of commitment which subjects such delinquent juvenile to probation
or parole, or to the legal custody of the institution or agency con-
cerned. Such further affidavits and other documents as may be
deemed proper may be submitted with such 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. 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 such delinquent juvenile. Such detention order must sub-
stantially recite the facts necessary to the validity of its issuance
hereunder. No delinquent juvenile detained upon such order shall


 

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Session Laws, 1966
Volume 678, Page 895   View pdf image (33K)   << PREVIOUS  NEXT >>


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