Adopts the interstate compact for juveniles; repealer

Summary of provisions

Section 1 of the bill would add a new section 5D1-e to the Executive Law, adopting the provisions of the New ICJ in New York to replace the 1955 Interstate Compact for Juveniles (1955 ICJ).

Section 2 of the bill provides for the appointment of the compact administrator.

Section 3 of the bill established the state council for interstate juvenile supervision.

Section 4 of the bill provides for the appointment of counsel for children detained pursuant to the compact and requires that they appear before the family court during the next day the court is in session but in no case later than 72 hours.

Section 6 and 7 of the bill make conforming changes to the family court act.

Section 8 of the bill is the effective date.

Justification

New York and other states have entered into several interstate compacts that coordinate state activities affecting other states. In addition to the 1955 ICI, these compacts include the Interstate Compact on the Placement of Children and the Interstate Compact for Adult supervision. Each compact member state must enact uniform legislation providing for joint and cooperative action among the states regarding the subject matter of that compact.

By its terms, the New ICJ became effective in 2008 when the 35th state enacted the new ICJ legislation. Similar to the 1955 ICJ, the primary

purpose of the New ICJ is to manage the relationship between states that send and states that receive adjudicated juveniles and status offenders who are on parole or probation regarding the provision of services and supervision. The New ICJ also governs the return of a juvenile who absconds to another state while under supervision or after being accused of a crime. The New ICJ additionally provides for the return of a nonadjudicated juvenile who runs away from his or her state of residence. The New ICJ creates an Interstate Commission for Juveniles (Commission) to oversee, supervise and coordinate the interstate movement of juveniles. The Commission is made up of "commissioners" who are the Compact administrators or designees from each of the member states. Member states pay dues for the operation and staffing of the Commission. Only member states may vote on Commission matters, but nonmember states may attend Commission meetings. The Commission is permanently staffed to perform its duties.

In December of 2008, the Commission adopted by-laws for the Commission's operation and transitional rules for the year 2009. Some topics addressed in the 1955 Interstate Compact, such as the obligations and allocation of costs between the sending and receiving states, are now addressed through the Commission's rules. In December of 2009, final rules were adopted and the transitional rules, which provide a framework for the interaction between member and non-member states, were extended for an additional year for the states, such as New York, that have not adopted the New ICJ. However, New JCJ member states are not obligated to continue to extend the transitional rules to accommodate non-member states, whose number is growing smaller.

If New York State does not enact the New ICJ and the transition rules are not continued, New York will no longer have an agreed-upon process for sending and receiving juveniles for supervision, or for returning runaways, except where the other state also is not a New ICJ member state. In addition, as a non-member state, New York will not be able to vote on proposed Commission rules or by-laws.

In addition to implementing the ICJ, this legislation also establishes the state council for interstate juvenile supervision to oversee the states interaction with the interstate commission and report to the legislature annually concerning the state's participation in the ICJ.

Finally, this bill enacts provisions to ensure basic due process Protections to children who are detained under the compact.

Prior legislative history

The legislature unanimously passed A.11400-A/S.8279 during the 2010 legislative session. The bill was vetoed by the Governor.

Fiscal implications

ICJ member states are assessed annual dues to support the Commission. The amount of dues is set based on the population of the member state and the frequency of the state's use of the ICJ. If New York State adopts the ICJ, the State's fee is anticipated to be approximately $32,000 a year. This cost may be offset by savings associated with the State being able to take advantage of the ICJ rate for the transport of youth and not needing to negotiate individual rates with other states.

Effective date

Thirty days after it shall have become law and deem repealed on September 1, 2013, with provisions.