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COLORADO DEPARTMENT OF HUMAN SERVICES DIVISION OF YOUTH CORRECTIONS POLICY 16.10 PAGE NUMBER 1 OF 10 CHAPTER: Admission, Transfer and Release SUBJECT: Transfer & Supervision of Interstate Compact Juveniles EFFECTIVE DATE: 3/1/2011 THIS POLICY RELATES TO: [ ] State-Operated Treatment Facilities [ ] State-Operated Detention Facilities [ ] Secure Residential Treatment Centers [ ] Therapeutic Residential Child Care Facilities [ ] RESIDENTIAL CHILD CARE FACILITIES [ ] CHILD PLACEMENT AGENCIES [X] Regional Offices [X] Central Office RELATED DIVISION OF YOUTH CORRECTIONS’ STANDARDS: ADM 1.0 THRU 5.0 AND CL 2.0 RELATED DIVISION OF YOUTH CORRECTIONS’ POLICIES: 9.8, 16.4, 16.5, 16.11 STATE STATUTE: 24-60-702 CODE OF COLORADO REGULATIONS: NONE COLORADO DEPARTMENT OF HUMAN SERVICES’ POLICIES: NONE John Gomez, Director I. POLICY: The Division of Youth Corrections Regions shall cooperate with the Interstate DEPUTY Compact Administrator pursuant to the Interstate Compact FOR Juveniles. II. DEFINITIONS: A. Interstate Compact FOR Juveniles (ICJ): An agreement entered into by eligible jurisdictions in the United States and its territories which provide the means for these jurisdictions to function cooperatively in the return of escapees and absconders, and the cooperative supervision between states of parolees. B. Application for Compact Services and Memorandum of Understanding and Waiver (Form IA-VI): A legal document that DETAILS the responsibility of the JUVENILE and parent/guardian and the agreements, terms and conditions of parole. THIS DOCUMENT includes a waiver for the return of the parolee at any time as requested by the sending state (SEE ATTACHMENT A). C. Parole or Probation Investigation Request (Form IV): A document that requests the receiving State investigation AND contains pertinent information needed to conduct the investigation (SEE ATTACHMENT B). CHAPTER Admission, Transfer and Release D. E. III. SUBJECT Transfer & Supervision of Interstate Compact Juveniles POLICY 16.10 PAGE 2 of 10 1/30/00 6/15/08 5/1/01 4/1/10 3/01/2011 Voluntary Consent to Return (Form III): A document signed by THE JUVENILE upon apprehension of ABSENT WITHOUT OFFICIAL LEAVE or Abscond, to insure Due Process rights are followed in the return of the JUVENILE (SEE ATTACHMENT C). REPORT OF SENDING STATE UPON PAROLEE BEING SENT TO THE RECEIVING STATE (FORM V): A DOCUMENT THAT NOTIFIES THE SENDING STATE WHEN A PAROLEE WILL RELOCATE TO THEIR STATE. THIS FORM SHALL BE COMPLETED PRIOR TO THE PAROLEE LEAVING THE STATE OF COLORADO. PROCEDURE: A. Transferring Parole Supervision to another State: 1. It is the responsibility of the Parole Officer to initiate an ICJ request. This includes completion of Form IA-VI (ATTACHMENT A) and FORM IV (ATTACHMENT B), and obtaining the required signatures. a. b. 2. If the parental or legal guardian signature cannot be obtained in Colorado, the receiving State SHALL obtain it when interviewing the family. THE JUVENILE’S SIGNATURE MUST BE OBTAINED PRIOR TO SENDING THE PACKET TO THE ICJ OFFICE. The Parole Officer shall submit the ICJ Form IV AND ICJ FORM IAVI along with the following: a. b. Diagnostic Report, AND c. 3. Mittimus, AND Cover letter that provides additional information helpful to the receiving State that is not readily available in the other material. This could include information on family dynamics, medications, success in current treatment programs, etc. THREE complete sets of the above materials shall be submitted to the Colorado Interstate Compact Office a minimum of ninety (90) days prior to the JUVENILE’S projected parole date. It SHALL be the responsibility of the COLORADO ICJ DEPUTY ADMINISTRATOR to forward the packet to the receiving state. PACKETS CAN BE SUBMITTED ELECTRONICALLY. CHAPTER Admission, Transfer and Release 4. SUBJECT Transfer & Supervision of Interstate Compact Juveniles POLICY 16.10 PAGE 3 of 10 1/30/00 6/15/08 5/1/01 4/1/10 3/01/2011 Request for approval to place THE JUVENILE out-of-state is to be sent to the committing judge(s) using the APPLICATION AND SERVICES FOR WAIVER FORM (attachment A). Approval must be received prior to the JUVENILE’S parole hearing. a. b. 5. Approval is not required for post-commitment parole JUVENILES. CHIEF JUDGES IN EACH JUDICIAL DISTRICT MAY SUBMIT UPON REQUEST A LETTER TO EACH REGION AUTHORIZING “BLANKET APPROVAL” FOR THE DIVISION OF YOUTH CORRECTIONS TO SEND JUVENILES TO OTHER STATES. Written approval of acceptance must be received prior to or at the time of the JUVENILE’S Colorado Juvenile Parole Hearing. THE JUVENILE SHALL not be approved for Parole without this documentation. a. b. If the juvenile is to reside with non-custodial parent or other relative/person(s), the receiving State is not required to accept supervision. c. 6. If the juvenile is to reside with custodial parent/LEGAL GUARDIAN, the receiving State cannot refuse supervision. IF THE JUVENILE IS A SEX OFFENDER, THE RECEIVING STATE CAN DENY SUPERVISION IF THE HOME IS FOUND TO BE UN-SUITABLE. Upon granting of parole, transportation arrangements and cost for such SHALL be the responsibility of the sending region. a. b. 7. THE ICJ FORM V, the conditions of parole, AND THE PAROLE PLAN SHALL be forwarded by the Parole Officer to the Colorado ICJ DEPUTY ADMINISTRATOR PRIOR TO THE JUVENILE’S DEPARTURE. The Parole Officer SHALL assist the JUVENILE in obtaining a Colorado Identification Card prior to THE JUVENILE leaving the State. The receiving State SHALL provide quarterly progress reports of the supervision of the JUVENILE. CHAPTER Admission, Transfer and Release SUBJECT Transfer & Supervision of Interstate Compact Juveniles POLICY 16.10 PAGE 4 of 10 1/30/00 6/15/08 5/1/01 4/1/10 3/01/2011 a. All reports and any written communication between the sending and receiving States must be routed through the COLORADO ICJ DEPUTY ADMINISTRATOR. b. The Parole Officer is responsible to maintain a minimum OF one (1) phone contact to the JUVENILE/family per month. THE CONTACT is documented on the DISCRETE CASE PLAN monthly review form AND THE CONTACT SECTION OF COLORADO TRAILS DATABASE. 8. 9. B. In the event of a parole violation, the receiving State ICJ office shall MAKE A report to the Colorado ICJ DEPUTY ADMINISTRATOR. It SHALL be the responsibility of the COLORADO ICJ DEPUTY ADMINISTRATOR to notify the sending region of the violation(s). The Parole Officer SHALL determine appropriate sanctions. Removal From Rolls shall follow the procedures as outlined in DIVISION OF YOUTH CORRECTION Policy 16.5. A Copy of discharge information is to be sent to the Colorado ICJ DEPUTY ADMINISTRATOR for distribution to the receiving state. Cooperative supervision from another State: 1. All requests SHALL be routed through the Colorado ICJ DEPUTY ADMINISTRATOR. Within five (5) working days of receipt of a supervision request, the packet SHALL be forwarded to the appropriate Region. 2. The Parole Officer shall conduct a home evaluation within twenty (20) working days upon receipt of the request for supervision. The Home Evaluation shall be documented on THE ICJ HOME INVESTIGATION FORM OR TYPED ON THE REGION’S LETTERHEAD AND MUST include at a minimum: a. Description of the home, AND b. Who is living in the home, AND c. The family attitude toward the JUVENILE, AND d. Family’s ability to provide for the JUVENILE, both financially and emotionally, AND e. Availability of community resources in the area, AND f. Proposed parole plan, AND g. Reporting instructions for parolee CHAPTER Admission, Transfer and Release SUBJECT Transfer & Supervision of Interstate Compact Juveniles POLICY 16.10 PAGE 5 of 10 1/30/00 6/15/08 5/1/01 4/1/10 3/01/2011 3. THE PAROLE OFFICER SHALL MAKE A RECOMMENDATION TO ACCEPT OR REJECT SUPERVISION. THE FINAL DECISION TO ACCEPT OR REJECT SUPERVISION SHALL BE DETERMINED BY THE COLORADO ICJ DEPUTY ADMINISTRATOR. 4. Three copies of recommendation SHALL BE sent to the Colorado ICJ DEPUTY ADMINISTRATOR for approval or rejection. THE REPORT CAN BE SUBMITTED ELECTRONICALLY. 5. Once a case is accepted, the Colorado ICJ DEPUTY Administrator SHALL notify the sending state. 6. The Colorado ICJ DEPUTY ADMINISTRATOR and the supervising Region SHALL be notified of the arrival of the juvenile. It is the responsibility of the supervising region to provide reporting instructions to the juvenile. a. b. 7. THE SUPERVISING PAROLE OFFICER SHALL NOTIFY LOOKOUT MOUTAIN YOUTH SERVICES CENTER WHEN A JUVENILE ARRIVES FROM ANOTHER STATE. LOOKOUT MOUNTAIN YOUTH SERVICES CENTER SHALL ENTER THE JUVENILE INTO THE CBI DATABASE AS A CORRECTIONS CLIENT BY CBI. WHEN THE JUVENILE IS DISCHARGED, THE PAROLE OFFICER SHALL NOTIFY LOOKOUT MOUNTAIN YOUTH SERVICES CENTER FOR REMOVAL OF THE JUVENILE FROM THE CBI DATABASE. IF THE JUVENILE IS A SEXUAL OFFENDER, the Supervising Parole Officer SHALL be responsible for notifying the JUVENILE of HIS/HER need to register and comply as a sex offender. Notification SHALL follow procedure as outlined in DIVISION OF YOUTH CORRECTION Policy 16.11. Data Entry: a. THE COLORADO ICJ DEPUTY ADMINISTRATOR SHALL ENTER ICJ JUVENILES INTO THE COLORADO TRAILS DATABASE PRIOR TO SENDING THE CASE TO THE REGIONS. CHAPTER Admission, Transfer and Release SUBJECT Transfer & Supervision of Interstate Compact Juveniles b. 8. POLICY 16.10 PAGE 6 of 10 1/30/00 6/15/08 5/1/01 4/1/10 3/01/2011 THE REGIONS SHALL ASSIGN THE JUVENILE A PAROLE OFFICER IN THE COLORADO TRAILS DATABASE UPON ACCEPTANCE. Supervision requirements: a. The Supervising Parole Officer SHALL submit progress reports on a quarterly basis to the Colorado ICJ Deputy Administrator. b. All ICJ Rules and Regulations regarding the supervision of JUVENILES SHALL be adhered to, including but not limited to: 1) 2) 9. Juveniles supervised under ICJ receive the same supervision and services as juveniles in the supervising state. Fees may not be imposed for services of out-ofstate juveniles, unless such services have been court ordered by the sending state and Colorado cannot provide these services without financial assistance. All attempts SHALL be made to have the family provide payment. Questions concerning assessment of fees are to be referred to the Colorado ICJ Deputy Administrator. New Charges: a. b. Review of options SHALL be discussed with all parties involved. c. 10. In the event of new charges in Colorado, the Colorado ICJ DEPUTY ADMINISTRATOR shall be notified immediately, and SHALL contact the sending state. Contact shall be ongoing with the Colorado ICJ DEPUTY ADMINISTRATOR. POLICE REPORTS AND COURT DOCUMENTS SHALL BE SUBMITTED TO THE COLORADO ICJ DEPUTY ADMINISTRATOR. Case Closure/Discharge: a. COLORADO CANNOT CLOSE INCOMING ICJ CASES until the sending state determines that discharge is warranted. CHAPTER Admission, Transfer and Release SUBJECT Transfer & Supervision of Interstate Compact Juveniles POLICY 16.10 PAGE 7 of 10 1/30/00 6/15/08 5/1/01 4/1/10 3/01/2011 b. c. Upon approval by the sending state, the JUVENILE SHALL be notified and Colorado SHALL discharge from parole supervision. d. THE COLORADO ICJ DEPUTY ADMINISTRATOR SHALL CLOSE THE ICJ SECTION IN THE COLORADO TRAILS DATABASE PRIOR TO THE JUVENILE BEING DISCHARGED. THE PAROLE OFFICER SHALL NOTIFY THE COLORADO ICJ DEPUTY ADMINISTRATOR SEVEN (7) DAYS PRIOR TO THE DISCHARGE DATE. e. C. The Supervising Parole Officer shall submit a progress report requesting/recommending closure of the case. A PROGRESS REPORT SHALL BE SUBMITTED 30 DAYS PRIOR TO THE TERMINATION DATE. THE REGIONS SHALL SHRED ALL INCOMING ICJ FILES AFTER THE CASE IS CLOSED. THE JUVENILE’S FILE SHALL BE KEEP AT THE ICJ OFFICE FOR ONE YEAR AFTER THE CASE IS CLOSED PER STATUTE. ICJ FILES SHALL NOT BE RETAINED BY THE COLORADO CLOSED RECORDS OFFICE. Parole Absconders/Escapees: When a juvenile absconds from parole or escapes from a placement, the Colorado ICJ DEPUTY ADMINISTRATOR shall be notified THE NEXT BUSINESS DAY. The COLORADO ICJ DEPUTY ADMINISTRATOR shall work in conjunction with the supervising region and the other State to ensure that the JUVENILE receives due process of the law before being returned. 1. Voluntary Return: If a juvenile consents to be returned, a Voluntary Consent to Return Form III (ATTACHMENT C) is required to be signed by the juvenile before a judge. THE FORM is sent to the Colorado ICJ DEPUTY ADMINISTRATOR AND Arrangements SHALL be made. All escapee/absconders are returned escorted by DIVISION OF YOUTH CORRECTION’S personnel or contract staff if necessary. 2. Involuntary Return Procedure: a. The Requisition To Return Form II shall be completed by the COLORADO ICJ DEPUTY ADMINISTRATOR FROM THE State the juvenile ORIGINATED. THE form CHAPTER Admission, Transfer and Release SUBJECT Transfer & Supervision of Interstate Compact Juveniles POLICY 16.10 PAGE 8 of 10 1/30/00 6/15/08 5/1/01 4/1/10 3/01/2011 must be completed in triplicate ALONG with THREE certified copies of the Mittimus. b. THE PAROLE OFFICER SHALL OBTAIN THE CERTIFIED MITTIMUS FROM THE COUNTY OF COMMITMENT AND SEND IT TO THE COLORADO ICJ DEPUTY ADMINISTRATOR TO COMPLETE THE NECESSARY PAPERWORK FOR THE JUVENILE’S RETURN. c. THE COMPLETED PAPERWORK SHALL be sent overnight to the receiving ICJ office for the juvenile’s next court hearing. d. If the judge deems the paperwork is in order, the juvenile is then ordered to return to the sending state. 3. Warrants: a. b. 4. D. It SHALL be the responsibility of the SENDING STATE Parole Officer to issue warrants for JUVENILES supervised by the State of Colorado through Colorado Crime Information Center (CCIC), AND NATIONAL CRIME INFORMATION CENTER (NCIC). It SHALL be the responsibility of the Colorado Parole Officer to issue warrants for JUVENILES being supervised in another state through both CCIC and National Crime Information Center (NCIC). Cost and transportation arrangements for the return of Colorado ICJ JUVENILES SHALL be the responsibility of the DIVISION OF YOUTH CORRECTIONS’ COLORADO ICJ DEPUTY ADMINISTRATOR. Travel Permits: 1. The ICJ Travel Permit authorizes a JUVENILE to go out-of-state for a visit, to work or to test a placement with the intent to reside. The ICJ Travel Permit is used when a JUVENILE will be out of state for more than 24 hours, and can be used for up to 30 days. a. DURING SUMMER BREAKS A JUVENILE CAN BE ISSUED A TRAVEL PERMIT FOR 90 DAYS WITH THE APPROVAL OF BOTH ICJ OFFICES. CHAPTER Admission, Transfer and Release SUBJECT Transfer & Supervision of Interstate Compact Juveniles POLICY 16.10 PAGE 9 of 10 1/30/00 6/15/08 5/1/01 4/1/10 3/01/2011 b. The Travel Permit is only valid in states/jurisdictions who are a party to the Interstate Compact. c. An ICJ Travel Permit is not valid for JUVENILES going to MEXICO, Canada, Puerto Rico or overseas. 2. 3. The ICJ Travel Permit only authorizes the JUVENILE to be out-ofstate. It does not relieve the DIVISION OF YOUTH CORRECTIONS of supervision responsibility for the JUVENILE. 4. The Travel Permit SHALL be sent to the COLORADO ICJ DEPUTY Administrator who SHALL in turn send it to the receiving state’s Compact Administrator. 5. E If a JUVENILE is going to be out-of-state with the intent to reside for a short period of time, the Parole Officer SHALL complete the ICJ Travel Permit form. The form must be signed by the JUVENILE, witnessed and approved by the Regional Administrator or designee before it is valid. The travel permit is a standardized form put out by the ICJ and as such, does not require a parent’s signature. However, individual regions are free to add a signature line for parents if they deem necessary. THE ICJ TRAVEL PERMIT SHALL BE USED FOR ALL JUVENILES LEAVING THE STATE FOR LONGER THAN 24 HOURS. THIS SHALL INCLUDE PLACEMENTS OR TREATMENT CENTERS THAT TAKE JUVENILES OUT OF STATE FOR VARIOUS ACTIVITIES. Variations in state laws, conflict with state statutes: While a person may be considered a juvenile in one state, he/she may be considered an adult in another. The compact overcomes this issue by applying the laws of the sending state. Therefore, sending state law prevails. The Supreme Court has also ruled that compact law supercedes state law. F. Communication Channels: All communication between States on ICJ matters SHALL be done between the ICJ offices for the States involved. There SHALL be no communication between local jurisdictions unless specifically authorized by the Colorado ICJ office. This applies to written and verbal communications. G. WARRANTS ON OUT OF STATE JUVENILES PLACED IN DETENTION: 1. THE COLORADO ICJ DEPUTY ADMINISTRATOR SHALL BE NOTIFIED THE NEXT BUSINESS DAY WHEN A JUVENILE IS CHAPTER Admission, Transfer and Release SUBJECT Transfer & Supervision of Interstate Compact Juveniles POLICY 16.10 PAGE 10 of 10 1/30/00 6/15/08 5/1/01 4/1/10 3/01/2011 ADMITTED TO ANY DIVISION OF YOUTH CORRECTIONS FACILITY. THE SB-94 SCREENING GUIDE AND THE WARRANT SHALL BE FAXED TO THE COLORADO ICJ DEPUTY ADMINISTRATOR. 2. THE JUVENILE SHALL HAVE A DETENTION HEARING WITHIN 48 HOURS OF BEING ADMITTED TO THE FACILITY. THE JUVENILE AND THE JUDGE MUST SIGN THE ICJ FORM III BEFORE THE JUVENILE CAN BE RELEASED FROM THE FACILITY. 3. FORM III SHALL BE FAXED TO THE COLORADO ICJ DEPUTY ADMINISTRATOR. THE COLORADO ICJ DEPUTY ADMINISTRATOR SHALL BE RESPONSIBLE FOR NOTIFYING THE HOME STATE THAT THE JUVENILE HAS SIGNED FORM III AND TRAVEL ARRANGEMENTS CAN BE MADE. THE HOME STATE OF THE JUVENILE IS RESPONSIBLE FOR MAKING THE JUVENILE’S ARRANGEMENTS. 4. THE COLORADO ICJ DEPUTY ADMINISTRATOR SHALL WORK DIRECTLY WITH THE FACILITY REGARDING THE TRANSPORTATION ARRANGEMENTS FOR THE JUVENILE.