Guam § 90 - Governor to Execute Compact: Compact Stated.

§ 90. Governor to Execute Compact: Compact Stated.

The Governor of Guam is hereby authorized to execute and

enter into a Compact on behalf of t Guam with any and all states,

territories, Trust Territories and possessions of the United States,

the District of Columbia, and the Commonwealth of Puerto Rico

legally joined therein in a form substantially as follows:

Article I

Finding and Purposes

That juveniles who are not under proper supervision and

control, or who have absconded, escaped or run away, are likely

to endanger their own health, morals and welfare of others. The

cooperation of the states party to this Compact is therefore

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necessary to provide for the welfare and protection of juveniles

and of the public with respect to (1) cooperative supervision of

delinquent juveniles on probation or parole; (2) the return, from

one state to another, of delinquent juveniles who have escaped or

absconded; (3) the return, from one state to another, of non-

delinquent juveniles who have run away from home; and (4)

additional measures for the protection of juveniles and of the

public, which any two or more of the party states may find

desirable to undertake cooperatively. In carrying out the

provisions of this Compact the party states shall be guided by the

noncriminal, reformative and protective policies which guide their

laws concerning delinquent, neglected or dependent juveniles

generally. It shall be the policy of the states party to this Compact

to cooperate and observe their respective responsibilities for the

prompt return and acceptance of juveniles and delinquent

juveniles who become subject to the provisions of this Compact.

The provisions of this Compact shall be reasonably and liberally

construed to accomplish the foregoing purposes.

Article II

Existing Rights and Remedies

That all remedies and procedures provided by this Compact

shall be in addition to and not in substitution for other rights,

remedies and procedures, and shall not be in derogation of

parental rights and responsibilities.

Article III

Definitions

That, for the purposes of this Compact:

(a) delinquent juvenile means any juvenile who has been

adjudged delinquent and who, at the time the provisions of

this Compact are invoked, is still subject to the jurisdiction

of the court that has made such adjudication or to the

jurisdiction or supervision of an agency or institution

pursuant to an order of such court;

(b) Probation or parole means any kind of conditional

release of juveniles authorized under the laws of the states

party hereto;

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(c) Court means any court having jurisdiction over

delinquent, neglected or dependent children.

(d) State means any state, territory, and Trust Territory

or possession of the United States, the District of Columbia,

and the Commonwealth of Puerto Rico; and

(e) Residence or any variant thereof means a place at

which a home a regular place of abode is maintained.

Article IV

Return of Runaways

(a) That the parent, guardian, person or agency entitled to

legal custody of a juvenile who has not been adjudged delinquent

but who has run away without the consent of such parent,

guardian, person or agency may petition the appropriate court in

the demanding state for the issuance of a requisition for his return.

The petition shall state the name and age of the juvenile, the name

of the petitioner and the basis of entitlement to the juvenile's

custody, the circumstances of his running away, his location if

known at the time application is made, and such other facts as may

tend to show that the juvenile who has run away is endangering

his own welfare or the welfare of others and is not an emancipated

minor. The petition shall be verified by affidavit, shall be executed

in duplicate; and shall be accompanied by two (2) certified copies

of the document or documents on which the petitioner's

entitlement to the juvenile's custody is based, such as birth

certificates, letters of guardian ship, or custody decrees. Such

further affidavits and other documents as may be deemed proper

may be submitted with the petition. The judge of the court to

which this application is made shall hold a hearing thereon to

determine whether for the purposes of this Compact the petitioner

is entitled to the legal custody of the juvenile, whether or not it

appears that the juvenile has in fact run away without consent,

whether or not he is an emancipated minor, and whether or not it

is in the best interest of the juvenile to compel his return to the

state. If the judge determines, after a hearing, that the juvenile

should be returned, he shall present to the appropriate court or to

the executive authority of the state where the juvenile is alleged to

be located a written requisition for the return of such juvenile.

Such requisition shall set forth the name and age of the juvenile,

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the determination of the court that the juvenile has run away

without the consent or a parent, guardian, person or agency

entitled to his legal custody, and that it is in the best interest and

for the protection of such juvenile that he be returned. In the event

that a proceeding for the adjudication of the juvenile as a

delinquent, neglected or dependent juvenile is pending in the court

at the time when such juvenile runs away, the court may issue a

requisition for the return of such juvenile upon its own motion,

regardless of the consent of the parent, guardian, person or agency

entitled to legal custody, reciting therein the nature and circum-

stances of the pending proceeding. The requisition shall in every

case be executed in duplicate and shall be signed by the judge.

One (1) copy of the requisition shall be filed with the Compact

Administrator of the demanding state, there to remain on file

subject to the provision of law governing records of such court.

Upon the receipt of a requisition demanding the return of a

juvenile who has run away, the court or the executive authority to

whom the requisition is addressed shall issue and order to any

peace officer or other appropriate person directing him to take into

custody and detain such juvenile. Such detention order must

substantially recite the facts necessary to the validity of its

issuance hereunder. No juvenile detained upon such order shall be

delivered over to the officer whom the court demanding him shall

have appointed to receive him, unless he shall first be taken

forthwith before a judge of a court in the state, who shall inform

him of the demand made for his return, and who shall appoint

counsel or guardian and litem for him. If the judge of such court

shall find that the requisition is in order he shall deliver such

juvenile over the officer whom the court 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 juvenile who

has run away from another state party to this Compact without the

consent of a parent, guardian, person or agency entitled to his legal

custody, such juvenile may be taken into custody without a

requisition and brought forthwith before a judge of the appropriate

court who shall appoint counsel or guardian ad litem for such

juvenile and who shall determine after a hearing whether

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sufficient cause exists to hold the person, subject to the order of

the court, for his own protection and welfare, for such a time not

exceeding ninety (90) days as will enable his return to another

state party to this Compact pursuant to a requisition for his 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 he is found any criminal charge, or any proceeding to

have him adjudicated a delinquent juvenile for an act committed

in such state; or if he is suspended of having committed within

such state a criminal offense or an act of juvenile delinquency, he

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 his return to the state from

which he ran away, the juvenile shall be subject to such further

proceedings as may be appropriate under the law of that state.

(b) That the state to which a juvenile is returned under this

Article shall be responsible for payment of the transportation cost

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 Escapes 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 he 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 his adjudication as a delinquent

juvenile, the circumstances of the breach of the terms of his

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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 the affidavit, shall be

executed in duplicate, and shall be accompanied by two (2)

certified copies of 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 (1)

copy of the requisition shall be filed with the Compact

Administrator of the demanding state, there to remain on file

subject to 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. The 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 shall

appoint counsel or guardian and 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 his

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

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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 ninety (90) days, at will enable his 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 custody or supervision,

there is pending in the state wherein he is detained any criminal

charge or any proceeding to have him adjudicated a delinquent

juvenile for an act committed in such state, or if he is suspected of

having committed within such state a criminal offense or an act of

juvenile delinquency, he 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 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 his return to the state from which he escaped or absconded,

the delinquent 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 delinquent juvenile is returned

under this Article shall be responsible for payment of the

transportation cost of such return.

Article VI

Voluntary Return Procedure

That any 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, and any juvenile who has run away from any state

party to this Compact, who is taken into custody without

requisition in another state party to this Compact under the provi-

sions of Article IV(a) or of Article V(a), may consent to his

immediate return to the state from which he absconded, escaped

or ran away. Such consent shall be given by the juvenile or

delinquent juvenile and his counsel or guardian ad litem if any, by

executing or subscribing a writing, in the presence of a judge of

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the appropriate court, which states that the juvenile or delinquent

juvenile and his counsel or guardian ad litem consent to his return

to the demanding state. Before such consent shall be executed or

subscribed, however, the judge, in the presence of counsel or

guardian ad litem shall inform the juvenile or delinquent juvenile

of his rights under this Compact. When the consent has been duly

executed, it shall be forwarded to and filed with the Compact

Administrator of the state to which the court is located and the

judge shall direct the officer having the juvenile or delinquent

juvenile in custody to deliver him to the duly accredited officer or

officers of the state demanding his return; and shall cause to be

delivered to such officer or officers a copy of the consent. The

court may, however, upon the request of the state to which the

juvenile or delinquent juvenile is being returned, order him to

return unaccompanied to such state and shall provide him with a

copy of such court order; in such event a copy of the consent shall

be forwarded to the Compact Administrator of the state to which

said juvenile or delinquent juvenile is ordered to return.

Article VII

Cooperative Supervision of Probationers and Parolees

(a) That the duly constituted judicial and administrative

authorities of a state party to this Compact (herein called 'sending

state') may permit any delinquent juvenile within such state,

placed on probation or parole, to reside in any other state party to

this Compact (herein called 'receiving state') while on probation

or parole and the 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

investigation 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 and assist the receiving state

in supervising a probationer or parolee under this Compact. A

receiving state, in it 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

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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 him within the

receiving state any criminal charge or any proceeding to have him

adjudicated a delinquent juvenile for any act committed in such

state, or if he is suspected of having committed within such state

a criminal offense or an act of juvenile delinquency, he 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.

(d) That the sending state shall be responsible under this

Article for paying the costs of transporting any delinquent juvenile

to the receiving state or of returning any delinquent juvenile to the

sending state.

Article VIII

Responsibility for Costs

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(a) That the provisions of Articles IV (b), V (b), and VII (d)

of this Compact shall not be construed to alter or affect any

internal relationship among the departments, agencies and officers

of and in the government of a party state, or between a party state

and its subdivisions, as to the payment of costs, or responsibilities

therefor.

(b) That nothing in this Compact shall be construed to

prevent any party state or subdivision thereof from asserting any

right against any person, agency, or other entity in regard to costs

for which such party state or subdivision thereof may be

responsible pursuant to Articles IV (b), V (b) or VII (d) of this

Compact.

Article IX

Detention Practices

That, to every extent possible, it shall be the policy of states

party to this Compact that no juvenile or delinquent juvenile shall

be placed or detained in any prison, jail or lock-up nor be detained

or transported in association with criminal, vicious or dissolute

persons.

Article X

Supplementary Agreements

That the duly constituted administrative authorities of a state

party to this Compact may enter into supplementary agreements

with any other state or states party hereto for the cooperative care,

treatment and rehabilitation of delinquent juveniles whenever they

shall find that such agreements will improve the facilities or

programs available for such care, treatment and rehabilitation.

Such care, treatment and rehabilitation. Such care, treatment and

rehabilitation may be provided in an institution located within any

state entering delinquent juveniles whenever they shall find that

such agreements will improve the facilities or programs available

for such care, treatment and rehabilitation. Such care, treatment

and rehabilitation may be provided in an institution located within

any state entering into such supplementary agreement. Such

supplementary agreements shall (1) provide the rates to be paid

for the care, treatment and custody of such delinquent juveniles,

taking into consideration the character of facilities, services and

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subsistence furnished; (2) provide that the delinquent juvenile

shall be given a court hearing prior to his being sent to another

state for care, treatment and custody; (3) provide that the state

receiving such a delinquent juvenile in one of its institutions shall

act solely as agent for the state sending such delinquent juvenile;

(4) provide that the sending state shall at all times retain

jurisdiction over delinquent juveniles sent to an institution in

another state; (5) provide for reasonable inspection of such

institutions by the sending state; (6) provide that the consent of the

parent, guardian, person or agency entitled to the legal custody of

said delinquent juvenile shall be secured prior to this being sent to

another state; and (7) make provision for such other matters and

details as shall be necessary to protect the rights and equities of

such delinquent juveniles and of the cooperating state.

Article XI

Acceptance of Federal and Other Aids

That any state party to this Compact may accept any and all

donations, gifts and grants of money, equipment and services from

the federal or any local government, or any agency thereof and

from any person, firm or corporation, for any of the purposes and

functions of this Compact, and may receive and utilize the same

subject to the terms, conditions and regulations governing such

donations, gifts and grants.

Article XII

Compact Administrators

That the Chief Judge of the Superior Court of Guam shall be

the Compact Administrator and who, acting jointly with like

officers of other states, shall promulgate rules and regulations to

carry out more effectively the terms and provisions of this

Compact.

Article XIII

Execution of Compact

That this Compact shall become operative immediately upon

its execution by any state as between it and any other state or states

so executing. When executed it shall have the full force and effect

of law within such state, the form of execution to be in accordance

with the laws of the executing state.

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Article XIV

Renunciation

That this Compact shall continue in force and remain binding

upon each executing state until renounced by it. Renunciation of

this Compact shall be by the same authority which executed it, by

sending six (6) months' notice in writing of its intention to

withdraw from the Compact to the other states party hereto. The

duties and obligations of a renouncing state under Article VII

hereto shall continue as to parolees and probationers residing

therein at the time of withdrawal until retaken or finally

discharged. Supplementary agreements entered into under Article

X hereof shall be subject to renunciation as provided by such

supplementary agreements, and shall not be subject to the six (6)

months' renunciation notice of the present Article.

Article XV

Severability

That the provisions of this Compact shall be severable and if

any phrase, clause, sentence or provision of this Compact is

declared to be contrary to the constitution of any participating

state or of the United States or the applicability thereof to any

government, agency, person or circumstance shall not be affected

thereby. If this Compact shall be held contrary to the constitution

of any state participating therein, the Compact shall remain in full

force and effect as to the state affected as to all severable matters.

Article XVI

Out-of-State Confinement

(a) This Article, known as the Out-of-State Confinement

Amendment to the Interstate Compact on Juveniles, is hereby

enacted into law and entered into by this Territory with all other

states legally joining therein the form substantially as follows:

(1) Whenever the duly constituted judicial or

administrative authorities 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

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receiving state, such receiving state to act in that regard

solely as agent for the sending state.

(2) Escapees and absconders who could otherwise be

returned pursuant to Article V of the Compact may be

confined or reconfined in the receiving state pursuant to this

Article. In any such case the information and allegations

required to be made and furnished 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 receiving 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.

(3) The confinement or reconfinement of a parolee,

probationer, escapee, or absconder pursuant to this Article

shall require the concurrence of the appropriate judicial or

administrative authorities of the receiving state.

(4) As used in this Article: (1) sending state means

sending state as the 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

Article.

(5) Every state which adopts this Article shall designate

at least one of its institutions for delinquent juveniles as a

Compact Institution and shall confine persons therein as

provided in Paragraph (a) hereof unless the sending and

receiving state in question shall make specific contractual

arrangement to the contrary. All states party to this Article

shall have access to Compact Institutions 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.

(6) Persons confined in ACompact Institutions@ pursuant

to the terms of this Compact shall at all times be subject to

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the jurisdiction of the sending state and may at any time be

removed from said ACompact Institution@ for transfer to an

appropriate institution within the sending state, for return to

probation or parole, for discharge, or for any purpose

permitted by the laws of the sending state.

(7) All persons who may be confined in a “ACompact

Institution”@ pursuant to the provisions of this Article shall

be treated in a reasonable and humane manner. The fact of

confinement or reconfinement 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 state; nor shall any

agreement to submit to confinement or reconfinement

pursuant to the terms of this Article be construed as a waiver

of any rights which the delinquent would have had if he had

been confined or reconfined in any appropriate institution of

the sending state except that the hearing or hearings, if any,

to which a parolee, probationer, escapee or absconder may be

entitled (prior to confinement or reconfinement) by the laws

of the sending state may be had before the appropriate

judicial or administrative officers of the receiving state. In

this event, said judicial and administrative officers shall act

as agents of the sending state after consultation with

appropriate officers of the sending state.

(8) Any receiving state incurring costs or other expenses

under this amendment shall be reimbursed in the amount of

such costs or other expenses by the sending state unless the

states concerned shall specifically otherwise agree. Any two

or more states party to this Compact may enter into

supplementary agreements determining a different allocation

of costs as among themselves.

(A) Rules and regulations necessary to effectuate the

terms of this Article may be promulgated by the

appropriate officers of those states which have enacted

this Article.

(B) In addition to any institution in which the

authorities of this Territory may otherwise confine or

order the confinement of a delinquent juvenile, such

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authorities may, pursuant to this Article, confine or order

the confinement of a delinquent juvenile in a Compact

Institution within another party state.

2012 NOTE: In maintaining the general codification scheme of the GCA

the Compiler changed the hierarchy of subsections beginning with

“Numbers” to “Lowercase Letters,” subsections beginning with

“Lowercase Letters” to “Numbers,” and subsections beginning with

“Numbers” to “Uppercase Letters” in this article.

2017 NOTE: References to “territory” and “territorial” removed and/or

altered to “Guam” pursuant to 1 GCA § 420.