|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2007 Laws of Maryland
|
|
|
|
|
|
Ch.3
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 THE PERSON 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 THE
JUVENILE SHALL HAVE APPOINTED TO RECEIVE THE JUVENILE, UNLESS THE
JUVENILE SHALL FIRST BE TAKEN FORTHWITH BEFORE A JUDGE OF AN
APPROPRIATE COURT IN THE STATE, WHO SHALL INFORM THE JUVENILE OF THE
DEMAND MADE FOR THE JUVENILE'S RETURN AND WHO MAY APPOINT COUNSEL OR
GUARDIAN AD LITEM FOR THE JUVENILE. IF THE JUDGE OF SUCH COURT SHALL
FIND THAT THE REQUISITION IS IN ORDER, THE JUDGE SHALL DELIVER SUCH
DELINQUENT JUVENILE OVER TO THE OFFICER WHOM THE APPROPRIATE PERSON
OR AUTHORITY DEMANDING THE JUVENILE SHALL HAVE APPOINTED TO RECEIVE
THE JUVENILE. 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 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, THE PERSON 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 DETENTION OF
THE PERSON 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 LEGAL
CUSTODY OR SUPERVISION, THERE IS PENDING IN THE STATE WHEREIN THE
DELINQUENT JUVENILE IS DETAINED 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 DELINQUENT JUVENILE BEING RETURNED, SHALL BE
PERMITTED TO TRANSPORT SUCH DELINQUENT JUVENILE THROUGH ANY AND ALL
STATES PARTY TO THIS COMPACT, WITHOUT INTERFERENCE. UPON RETURN TO THE
STATE FROM WHICH THE DELINQUENT JUVENILE ESCAPED OR ABSCONDED, THE
|
|
|
|
|
|
|
|
|
|
- 366 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
