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Martin O'Malley, Governor
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Ch.3
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PURSUANT TO A REQUISITION FOR 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 THE JUVENILE IS FOUND ANY CRIMINAL
CHARGE, OR ANY PROCEEDING TO HAVE THE JUVENILE ADJUDICATED A
DELINQUENT JUVENILE FOR AN ACT COMMITTED IN SUCH STATE, OR IF THE
JUVENILE IS SUSPECTED OF HAVING COMMITTED WITHIN SUCH STATE A CRIMINAL
OFFENSE OR AN ACT OF JUVENILE DELINQUENCY, THE JUVENILE 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
RETURN TO THE STATE FROM WHICH THE JUVENILE 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 V — RETURN OF ESCAPEES AND ABSCONDERS
(A) THAT THE APPROPRIATE PERSON OR AUTHORITY FROM WHOSE
PROBATION OR PAROLE SUPERVISION A DELINQUENT JUVENILE HAS ABSCONDED
OR FROM WHOSE INSTITUTIONAL CUSTODY THE DELINQUENT JUVENILE 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 THE JUVENILE'S ADJUDICATION AS A
DELINQUENT JUVENILE, THE CIRCUMSTANCES OF THE BREACH OF THE TERMS OF
PROBATION OR PAROLE OR OF THE JUVENILE'S ESCAPE FROM AN INSTITUTION OR
AGENCY VESTED WITH 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
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- 365 -
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