New Jersey § 9:23-1

§ 9:23-1.

The Governor is hereby authorized and directed to execute a compact on behalf of this

State with any other State or States legally joining therein in the form substantially

as follows: The contracting States solemnly agree: 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,

and the health, morals and welfare of others. The cooperation of the States party to this compact is therefore necessary to provide

for the welfare and protection of juveniles and of the public with respect to (1)

co-operative supervision of delinquent juveniles on probation or parole; (2) the

return, from 1 State to another, of delinquent juveniles who have escaped or absconded;

(3) the return, from 1 State to another, of nondelinquent juveniles who have run away

from home; and (4) additional measures for the protection of juveniles and of the

public, which any 2 or more of the party States may find desirable to undertake co-operatively. 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 co-operate 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. 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. That, for the purposes of this compact, “ 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; “probation or parole” means any kind of conditional

release of juveniles authorized under the laws of the States party hereto; “ court ” means any court having jurisdiction over delinquent, neglected or dependent children;

“ State ” means any State, territory or possession of the United States, the District of Columbia,

and the Commonwealth of Puerto Rico; and “ residence ” or any variant thereof means a place at which a home or regular place of abode is

maintained. (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 apply to the appropriate court in the demanding

State for the issuance of a requisition for his return. The application shall state the name and age of the juvenile, the name of the applicant

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 application shall be verified by affidavit, shall be executed in duplicate,

and shall be accompanied by 2 certified copies of the document or documents on which

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

letters of guardianship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted

with such application. The judge of the court to which this application is made may hold a hearing thereon

to determine whether for the purposes of this compact the applicant 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, either with or without 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, the determination

of the court that the juvenile has run away without the consent of 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 circumstances of the pending

proceeding. The requisition shall in every case be executed in duplicate and shall be signed

by the judge. 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 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 an 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 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 juvenile over to 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 may appoint counsel

or guardian ad litem for such juvenile and who shall determine after a hearing whether

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 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 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 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 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. (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 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 2 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 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 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 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 costs of such return. 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 a requisition in another State

party to this compact under the provisions 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 the appropriate court, which states that the juvenile or delinquent

juvenile and his counsel or guardian ad litem, if any, 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, if any, 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 in 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. (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 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 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. (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. 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 lockup nor be detained or transported in association with criminal, vicious

or dissolute persons. 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 co-operative 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 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 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 1 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 his 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 co-operating States. 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. That the Governor of each State party to this compact shall designate an officer who,

acting jointly with like officers of other party States, shall promulgate rules and

regulations to carry out more effectively the terms and provisions of this 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. 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 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 hereof 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 6 months' renunciation notice of the present article. 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 is held invalid, the validity of the

remainder of this compact and 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 remaining States

and in full force and effect as to the State affected as to all severable matters.