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Session Laws, 1966
Volume 678, Page 901   View pdf image (33K)
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J. MILLARD TAWES, Governor                       901

(b) Amendment to the Interstate Compact on Juveniles,
Concerning Out-of-state Confinement
of Juveniles

(i) Whenever the duly constituted judicial or administrative au-
thorities in a sending state shall determine that confinement of a
probationer or reconfinement of a parolee is necessary or desirable,
said officials may direct that the confinement or reconfinement be
in an appropriate institution for delinquent juveniles within the
territory of the receiving state, such receiving state to act in that
regard solely as agent for the sending state.

(ii) Escapees and absconders who would otherwise be returned
pursuant to Article V of the compact may be confined or reconfined
in the receiving state pursuant to this amendment. In any such
case the information and allegations required to be made and fur-
nished in a requisition pursuant to such Article shall be made and
furnished, but in place of the demand pursuant to Article V, the
sending state shall request confinement or reconfinement in the re-
ceiving state. Whenever applicable, detention orders as provided in
Article V may be employed pursuant to this paragraph preliminary
to disposition of the escapee or absconder.

(in) The confinement or reconfinement of a parolee, probationer,
escapee, or absconder pursuant to this amendment shall require the
concurrence of the appropriate judicial or administrative authorities
of the receiving state.

(iv) As used in this amendment (1) "sending state" means send-
ing state as that term is used in Article VII of the compact or the
state from which a delinquent juvenile has escaped or absconded
within the meaning of Article V of the compact; (2) "receiving
state" means any state, other than the sending state, in which a
parolee, probationer, escapee, or absconder may be found, provided
that said state is a party to this amendment.

(v) Every state which adopts this amendment shall designate
at least one of its institutions for delinquent juveniles as a "compact
institution" and shall confine persons therein as provided in para-
graph (i) hereof
unless the sending and receiving state in question
shall make specific contractual arrangements to the contrary. All
states party to this amendment shall have access to "compact insti-
tutions" at all reasonable hours for the purpose of inspecting the
facilities thereof and for the purpose of visiting such of said state's
delinquents as may be confined in the institution.

(vi) Persons confined in "compact institutions" pursuant to the
terms of this compact shall at all times be subject to the jurisdiction
of the sending state and may at any time be removed from said
"compact institution" for transfer to an appropriate institution with-
in the sending state, for return to probation or parole, for discharge,
or for any purpose permitted by the laws of the sending state.

(vii) All persons who may be confined in a "compact institution"
pursuant to the provisions of this amendment shall be treated in a
reasonable and humane manner. The fact of confinement or recon-
finement in a receiving state shall not deprive any person so confined
or reconfined of any rights which said person would have had if
confined or reconfined in an appropriate institution of the sending


 

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Session Laws, 1966
Volume 678, Page 901   View pdf image (33K)   << PREVIOUS  NEXT >>


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