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Session Laws, 1987
Volume 769, Page 1195   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 290

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
supervision, and the location of such 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 such
delinquent juvenile to probation or parole or to the legal
custody of the institution or agency concerned. 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 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 shall have
appointed to receive him, unless he shall first 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 appoint counsel or guardian ad litem for him. If the judge
of such court shall find that the requisition is in order, he
shall deliver such delinquent juvenile over to the officer whom
the appropriate person or authority demanding him shall have
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.

Upon reasonable information that a person is a 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, such
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 such person and who
shall determine, after a hearing, whether sufficient cause exists
to hold the person subject to the order of the court for such a
time, not exceeding 90 days, as will enable his detention under a
detention order issued on a requisition pursuant to this Article.
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

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Session Laws, 1987
Volume 769, Page 1195   View pdf image
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