91ST CONGRESS 1st Session } SENATE { REPORT No. 91-404 ADOPTION OF THE INTERSTATE COMPACT ON JUVENILES BY THE, DISTRICT OF COLUMBIA SEPTEMBER 16, 1969.-Ordered to be printed Mr. TYDINGS, from the Committee on the District of Columbia, submitted the following REPORT [To accompany S. 2335] The Committee on the District of Columbia, to which was referred the bill (S. 2335) to authorize the District of Columbia to enter into the interstate compact on juveniles, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. The amendment, as indicated in the bill, as reported, by linetype and italic, is as follows: On page 5, line 19, change the period to a comma and change "The" to "the" so that the line reads: "of the juvenile, the determination of the court that the juve-". PURPOSE OF THE BILL The purpose of S. 2335 is to authorize the Commissioner of the District of Columbia to enter into the interstate compact on juveniles, under which the District would cooperate fully with the various States in two ways, namely (1) in returning juveniles from the District to those States requesting their return; and (2) in accepting and providing for the return of juveniles who are residents of the District of Columbia and who are found or apprehended in other States. The bill provides further that the compact will be administered in the District by an official designated by the Commissioner. This will assure the advantages of localizing responsibility and centralizing information. HISTORY OF THE INTERSTATE COMPACT ON JUVENILES In the early 1950's, financial and legal problems involving the transportation, supervision, and control of juvenile delinquents between State jurisdictions reached the stage where a need for some form of interstate agreement on the handling of juveniles was apparent. Virtually all leading spokesmen in the field of juvenile delinquency concurred in the belief that the States should adopt legislation similar to that which already had proved successful for the supervision of adult parolees and probationers-namely, uniform procedures to expedite the return of delinquent and runaway juveniles from other States and to assure proper supervision of a juvenile whose offense was committed and adjudicated in one State but who subsequently was authorized to reside in another State. In 1954, the National Council of Juvenile Court Judges drafted a preliminary interstate compact on juveniles. Later that same year, the Council of State Governments, assisted by such organizations as the National Probation & Parole Association, the American Public Welfare Association, and the Special Committee on Juvenile Delinquency of the U.S. Senate, drafted the present interstate compact on juveniles. Final action on this interstate compact was taken by these and other groups in January of 1955. That same year, 10 State legislatures adopted this compact, and today the compact is law in all but three States. These are New Mexico, Georgia, and South Carolina. PROVISIONS OF THE COMPACT This interstate compact, which is now law in 47 States, has provided a uniform nationwide agreement for the disposition of juveniles who leave the State in which they have been found delinquent, and also for the return of runaway youths to their home States. The importance of this is the fact that while the movement of an adult criminal may be controlled by extradition or by the interstate compact for the supervision of parolees and probationers, juvenile delinquents and runaways are subject to neither. It should be emphasized at this point that this compact neither limits existing legislation for the handling of juveniles nor restricts parental authority in any way. The four major provisions of the interstate compact on juveniles are as follows: 1. Provision for the return of juvenile absconders and escapees. This corrects the most obvious problem, since as has been mentioned above, extradition applies only to those charged with and convicted of a crime, and not to those found merely to be delinquent. The compact thus remedies this situation by establishing a judicial procedure for the return of delinquent juveniles. 2. Permission for the movement to another member State of a juvenile found delinquent in his home State. The wisdom of this flexible and reciprocal disposition is evident, since a youth found delinquent in one State may be more effectively rehabilitated by returning him to his family or to a job in another State. In this provision. the compact stipulates that the juveniles shall be supervised by par S. Rept. 91-404 ents or guardians, or if agreed upon, by the State receiving the delinquent youth. This provides the member States with much more flexibility in their efforts to rehabilitate juvenile offenders. 3. Provision for the return to their homes in other member States of runaway children who have not been adjudged delinquent. Before the creation and adoption of the compact, this interstate problem of returning runaway children was met by various measures of questionable legality. This provision in the compact, however, establishes a judicial proceeding to determine the status of the youth in question, and provides for the orderly return of the juvenile to his parents appropriate. 4. Authorization of supplementary agreements among the member States for the cooperative treatment and rehabilitation of delinquents. Some juvenile delinquents are faced with particularly difficult problems requiring intensive correctional efforts. By allowing the member States to share their institutions, the compact affords many such juveniles the opportunity to receive more effective care at specialized institutions which can in effect allow for the regional allocation of resources in this effort to provide better rehabilitation of juveniles. Although the committee understands that this provision is not widely utilized, it is our opinion that it does create an important flexibility for correctional authorities. NEED FOR LEGISLATION The committee notes that the FBI uniform crime reports continue to indicate an increase in crime throughout the country especially among juveniles. Serious crime increased by 10 percent national! during the first 3 months of 1969, as compared to the same period in 1968. Any effort to reduce the incidence of crime must include in the opinion of your committee, programs to provide effective control and correction of juvenile offenders. This view is adequately supported by the ugly facts concerning juvenile crime in the Nation's Capital. Statistics released last April by the District of Columbia juvenile court reveal an increase during the first 3 months of this year in juveniles charged with serious crimes. These included 12 juveniles, three of whom were less than 16 years of age, who were charged with homicide. Seventy-nine were charged with armed robbery during this period. Further, a national report indicates that youths today are committing about one-half of all the serious crimes in the United States. This situation emphasizes the need for speedy apprehension and swift justice in dealing with these youthful offenders, since the certainty of apprehension is probably the most effective deterrent to crime. During the first 3 months of this year, for example, a total of 305 repeater juveniles were arrested in the District of Columbia. while awaiting final disposition of their previous offenses. Certainly one important step in achieving more effective treatment of juvenile delinquents in the District would be to equip the city's law-enforcement officials with the tools to pursue and arrest juveniles who seek refuge behind jurisdictional boundaries to escape apprehension. This vitally important authority will be provided by the enactment of H.R. 8868, which will result in the District's entering into the interstate compact on juveniles. S. Rept. 91-404 The committee is informed that at the present time, the District of Columbia juvenile authorities have little difficulty in having delinquents and runaway juveniles returned from the neighboring States of Virginia and Maryland, because of an informal pact existing among these jurisdictions. However, the District of Columbia does have a serious problem in regard to runaway juveniles. The committee is advised that this city is presently a haven for such runaways, and there is great need for authority to return these juveniles to their homes in New York, New Jersey, North Carolina, and many other States. It is estimated that this use of the compact would involve approximately 50 to 100 juveniles per year in the District of Columbia. This committee was advised also that the compact administrators in other States are highly in favor of the enactment of H.R. 8868, as it will enable them for the first time to deal effectively with the District of Columbia with respect to juvenile refugees, as they can presently do with the other 46 member States. HEARINGS AND BACKGROUND OF THE LEGISLATION A public hearing on this proposed legislation was conducted on August 8, 1969, by the judiciary subcommittee. Testimony in favor of the bill was received from the District of Columbia Government. No opposition to the bill was expressed. The Department of Justice also recommends enactment of the proposed legislation and the Bureau of the Budget interposes no objections, as indicated by the following letter which is hereby made a part of this report: OFFICE OF THE DEPUTY ATTORNEY GENERAL, Hon. ALAN BIBLE, Washington, D.C., August 11, 1969. Chairman, Subcommittee on the Judiciary, U.S. Senate, Washington, D.C. DEAR SENATOR: This is in response to your request for the views of the Department of Justice on H. R. 8868 and S. 2335, "To authorize the District of Columbia to enter into the Interstate Compact on Juveniles." H.R. 8868 was passed by the House of Representatives July 28, 1969. The Interstate Compact on Juveniles provides for return of delinquent juveniles who have escaped from institutional custody or absconded while on probation or parole, return of nondelinquent juveniles who have run away from home, transfer of supervision of delinquent juveniles on probation or parole to another State which is a party to the compact, and authority for the party States to enter into supplementary agreements for cooperative care, treatment, and rehabilitation of delinquent juveniles. Existing extradition laws apply only to persons charged with criminal offenses and not to juveniles found to be delinquent. The adoption of the Interstate Compact on Juveniles by the District of Columbia would permit it to obtain the return of juveniles to its jurisdiction and would also permit it greater flexibility in rehabilitation programs through cooperation with other States. S. Rept. 91-404 |