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2007 Laws of Maryland
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Ch.3
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RECEIVING STATE SHALL ACCEPT SUCH DELINQUENT JUVENILE, IF THE PARENT,
GUARDIAN, OR PERSON ENTITLED TO THE LEGAL CUSTODY OF SUCH DELINQUENT
JUVENILE IS RESIDING OR UNDERTAKES TO RESIDE WITHIN THE RECEIVING STATE.
BEFORE GRANTING SUCH PERMISSION, OPPORTUNITY SHALL BE GIVEN TO THE
RECEIVING STATE TO MAKE SUCH INVESTIGATIONS AS IT DEEMS NECESSARY. THE
AUTHORITIES OF THE SENDING STATE SHALL SEND TO THE AUTHORITIES OF THE
RECEIVING STATE COPIES OF PERTINENT COURT ORDERS, SOCIAL CASE STUDIES,
AND ALL OTHER AVAILABLE INFORMATION WHICH MAY BE OF VALUE TO AND ASSIST
THE RECEIVING STATE IN SUPERVISING A PROBATIONER OR PAROLEE UNDER THIS
COMPACT. A RECEIVING STATE, IN ITS DISCRETION, MAY AGREE TO ACCEPT
SUPERVISION OF A PROBATIONER OR PAROLEE IN CASES WHERE THE PARENT,
GUARDIAN, OR PERSON ENTITLED TO THE LEGAL CUSTODY OF THE DELINQUENT
JUVENILE IS NOT A RESIDENT OF THE RECEIVING STATE, AND IF SO ACCEPTED THE
SENDING STATE MAY TRANSFER SUPERVISION ACCORDINGLY.
(B) THAT EACH RECEIVING STATE WILL ASSUME THE DUTIES OF VISITATION
AND OF SUPERVISION OVER ANY SUCH DELINQUENT JUVENILE AND IN THE
EXERCISE OF THOSE DUTIES WILL BE GOVERNED BY THE SAME STANDARDS OF
VISITATION AND SUPERVISION THAT PREVAIL FOR ITS OWN DELINQUENT
JUVENILES RELEASED ON PROBATION OR PAROLE.
(C) THAT, AFTER CONSULTATION BETWEEN THE APPROPRIATE AUTHORITIES
OF THE SENDING STATE AND OF THE RECEIVING STATE AS TO THE DESIRABILITY
AND NECESSITY OF RETURNING SUCH A DELINQUENT JUVENILE, THE DULY
ACCREDITED OFFICERS OF A SENDING STATE MAY ENTER A RECEIVING STATE AND
THERE APPREHEND AND RETAKE ANY SUCH DELINQUENT JUVENILE ON PROBATION
OR PAROLE. FOR THAT PURPOSE, NO FORMALITIES WILL BE REQUIRED, OTHER THAN
ESTABLISHING THE AUTHORITY OF THE OFFICER AND THE IDENTITY OF THE
DELINQUENT JUVENILE TO BE RETAKEN AND RETURNED. THE DECISION OF THE
SENDING STATE TO RETAKE A DELINQUENT JUVENILE ON PROBATION OR PAROLE
SHALL BE CONCLUSIVE UPON AND NOT REVIEWABLE WITHIN THE RECEIVING
STATE, BUT IF, AT THE TIME THE SENDING STATE SEEKS TO RETAKE A DELINQUENT
JUVENILE ON PROBATION OR PAROLE, THERE IS PENDING AGAINST THE
DELINQUENT JUVENILE WITHIN THE RECEIVING STATE ANY CRIMINAL CHARGE OR
ANY PROCEEDING TO HAVE THE DELINQUENT JUVENILE ADJUDICATED A
DELINQUENT JUVENILE FOR ANY ACT COMMITTED IN SUCH STATE OR IF THE
DELINQUENT JUVENILE IS SUSPECTED OF HAVING COMMITTED WITHIN SUCH STATE
A CRIMINAL OFFENSE OR ANY ACT OF JUVENILE DELINQUENCY, THE DELINQUENT
JUVENILE SHALL NOT BE RETURNED WITHOUT THE CONSENT OF THE RECEIVING
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 THE SENDING STATE SHALL BE
PERMITTED TO TRANSPORT DELINQUENT JUVENILES BEING SO RETURNED
THROUGH ANY AND ALL STATES PARTY TO THIS COMPACT, WITHOUT
INTERFERENCE.
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- 368 -
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