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ICJ Training Day Session I: Overcoming Obstacles: Hurdles and How To’s. Annual Business Meeting San Diego September 26, 2017. Session Introduction. Aim of this session. To look at different scenarios and collaborate on how each can be handled. The steps:
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ICJ Training Day Session I: Overcoming Obstacles: Hurdles and How To’s Annual Business Meeting San Diego September 26, 2017
Aim of this session To look at different scenarios and collaborate on how each can be handled. The steps: a. Each scenario will be presented to the group. b. Each table can collectively discuss how they would handle the given situation. c. Each group will designate someone to share their responses.
House rules • Everyone gets heard • Every idea gets taken seriously
Judicial Scenario #1Presented By: Alicia Ehlers • A pre-adjudicated sex offender allowed by Idaho court to relocate to Grandma’s house in Nevada. • Juvenile got into trouble in Nevada and Idaho Court issued a warrant. • 6/16/16: Idaho ICJ offices notified that the defense for the juvenile will be bringing forth argument that supports the statute for extradition not applying to juveniles. • 7/19/16: Juvenile’s attorney questioned the legality of the Compact and questioning how the juvenile came to be living there. Now, juvenile’s grandparents have taken jobs outside of Nevada and the juvenile has no family remaining in Nevada.
Judicial Scenario #1Presented By: Alicia Ehlers 8/16/16: Idaho reported to Nevada’s court that the juvenile would not be returned to the mother’s home and would be placed in foster care in Idaho. 8/17/16: Nevada reported that their public defender submitted an objection to the youth returning to Idaho. The oversight judge is reviewing and is expected that he will support Standing Master’s decision to extradite. Resolution August 2, 2016 Juvenile returned to Idaho
Judicial Scenario #2Presented By: Cathlyn Smith • A Nebraska youth was detained as a runaway. • Court placed youth in Department of Children’s Services (DCS) custody. • Youth was given a Form III and refused to sign the document. • Tennessee informed local to re-detain the youth securely depending the requisition hearing Rule 6-103 (5). • Tennessee Public Defender disagreed with youth being detained securely as she was not viewed as a threat to herself. • Public Defender’s office took issue with the language in the rule.
Judicial Scenario #2Presented By: Cathlyn Smith • Statute says, “after the requisition is filed, if not already detained, the court shall order the juvenile to be held pending a hearing on the requisition.” • But, no place in the statue does this negate the provision in Rule 6-103(1) that says, “the holding state shall have the discretion to hold runaways and accused status offenders who are not a danger to themselves or others at a location it deems appropriate.”
Judicial Scenario #2Presented By: Cathlyn Smith Resolution TN ICJ staff was asked to attend the requisition hearing. Prior to hearing the rules were shared and after the TN judge spoke with the NC Judge, he agreed that the youth will be held securely until travel arrangements were made. The youth remained in DCS custody until arrangements were confirmed. TN sent a request to ICJ Rules Committee with recommendation for language change and review for additional clarity.
Judicial Scenario #3Presented By: Jacey Nordmeyer • 17-year-old currently on probation in Idaho was court-ordered to be placed at Boys Town in Nebraska. • Youth absconded from Boys Town and was apprehended in Omaha where he was charged with a new sexual assault charge in Nebraska. • County Attorney moved forward with the new charge, and the youth’s return to Idaho, under the ICJ as an out of state probation absconder, was placed on hold. • Youth was not adjudicated on the new charge and Nebraska jurisdiction was terminated. • Youth’s defense attorney made an argument that there is no official hold by Idaho and the youth should be released.
Judicial Scenario #3Presented By: Jacey Nordmeyer • Judge was informed that releasing the youth to the legal guardian would be in direct violation of ICJ rules which carry the weight of federal law. • Unfortunately, in prior hearing, Judge ruled that the youth was to be released to his legal guardian unless Idaho puts an official hold on the youth prior to being picked up. • Compact Office began to collaborate with Idaho Compact Office to ensure the official copy of the warrant was received and submitted by the Court.
Judicial Scenario #3Presented By: Jacey Nordmeyer Resolution The writ of habeas corpus was dismissed, however, Nebraska came very close to violating Compact Rules despite the heavy engagement with interested parties related to Compact rules.
Judicial Scenario #4Presented By: Gloria Soja Youth from Nebraska ran to Oregon and was picked up as a non-delinquent runaway. Youth made allegations of abuse. Allegations against mother were unfounded but believed allegations against father were founded. Oregon judge would not allow youth to sign the Form III, due to father’s attempt to manipulate the process. Resolution Nebraska court granted mother temporary guardianship of the youth. Youth was released to mother. ICJ process halted.
Law Enforcement Scenario #1Presented By: Alicia Ehlers • Nevada juvenile (over the age of 18) was held in an Idaho jail on a Nevada warrant. • Juvenile is being treated as an adult by jail staff. • Nevada and Idaho law enforcement officers plan for the return of the juvenile without involving either state ICJ offices. • Idaho’s law enforcement talked down and over the ICJ Deputy Compact Administrator when contact was made and outright refused to carry the conversation any further.
Law Enforcement Scenario #1Presented By: Alicia Ehlers Resolution After a letter was sent to the Sheriff expressing concern over the obvious noncompliance, and the Lieutenant’s unwillingness to acknowledge the authority of the juvenile Compact, the Sheriff called and apologized on behalf of his Lieutenant and the Agency.
Law Enforcement Scenario #2Presented By: Anne Connor Dual Nevada / Oregon probationer, currently under ICJ supervision in Oregon while residing with his Mother. Leaves mother’s home without permission over the week-end. Mother files runaway report. Youth is picked up by law enforcement in Mesquite, Nevada and plans on being returned to Mother, who resides over the border in Oregon based on the runaway report. Mesquite Police Department contacts the Parole Office in Oregon, who asks, that instead of returning the youth to his mother, they drive the youth to the closest Judicial Detention Center.
Law Enforcement Scenario #2Presented By: Anne Connor Warrants from Oregon have just been issued and are not in National Crime Information Center (NCIC). Clark Co is not aware that the youth has gone AWOL, hence have not issued a warrant. Mesquite PD is not familiar with ICJ, and based on the runaway report, wants to return the youth to his Mother’s custody.
Law Enforcement Scenario #2Presented By: Anne Connor Resolution Youth is transported to CCJDC and booked on the Out of State (OOS) hold. He goes in front of the Judge the next day and signs a Form III agreeing to return to Oregon. Oregon requests that while he is detained, he should be drug tested. Youth’s drug test comes back positive for Tetrahydrocannabinol (THC). The Oregon PO asks if Clark County Juvenile Probation will meet them at the Nevada / Oregon border to exchange custody.
Law Enforcement Scenario #3Presented By: Anne Connor • Juvenile probation absconder from Nevada is the subject of a multi-state agency effort, to bring him in to custody, as a suspect in the shooting of a Nevada Gang Unit Police Officer. • This county does not have a Juvenile Detention facility so they ask if they can drive to the Oregon / Nevada border and surrender the youth to law enforcement. • The youth is allowed to appear telephonically from the holding agency and the Form III will be offered and signed by the Judge and the youth.
Law Enforcement Scenario #3Presented By: Anne Connor They indicate that they will NOT drive the youth over to Nevada and want PO’s from the probation office in Nevada to attend the hearing in Oregon, and if the youth signs the Form III, they can drive him back to Nevada. Resolution Based on the high-risk behavior and charges the youth is facing in Nevada, the Nevada DA and Oregon DA are advised to come up with a solution to this transport issue that they are both comfortable with. Two Officers from the local Gang Unit in Nevada drive over to Oregon to attend the hearing, and the youth signs the Form III. Based on his bullet wound, the youth is transported in modified shackles back to Nevada.
Detention Probation Scenario #1Presented By: Jacey Nordmeyer • A probation absconder is detained on an out of state warrant. • Before the Home / Demanding State can make the arrangements for the return, the youth’s legal guardian shows up at the detention facility. • Detention facility releases the youth to his / her legal guardian.
Detention Probation Scenario #1Presented By: Jacey Nordmeyer Resolution: Detention staff would need to be educated on ICJ rules, regarding the youth needing to be held, until the Demanding State submits the return plan and authorizes the youth’s release to a certain individual or agency.
Detention Probation Scenario #2Presented By: Jacey Nordmeyer • Five youth ages 11,12,14,14 and a 15 –year-old are taken into custody for felony theft charges. • Two of the youth are out of state runaways with warrants from Tennessee. • The four detention centers in Nebraska initially refused to detain the youth due to their ages.
Detention Probation Scenario #2Presented By: Jacey Nordmeyer Resolution Collaboration and support from the Administrative Office and Tennessee, led to the location of secure shelter placement for both youth (11 and 12 year old). GPS monitors were also utilized on both youth due to extensive run histories. Because the youth did not have warrants, the placement was appropriate under ICJ rules.
Dependency Scenario #1Presented By: Anne Connor Non-delinquent youth from Nevada is picked up in Idaho and brought to a non-secure shelter setting. Youth had run from the Nevada out-of-home placement with her considerably older boyfriend and ended up in Idaho. The Clark County DA is in the process of setting the matter for court, when Nevada is notified by Idaho, that the youth has absconded from the non-secure shelter setting with her boyfriend. The matter is closed with no return. Five months later, the youth is picked up again in Idaho, this time on minor local charges and taken to the local JDC and the matter was closed after she attended the local treatment center.
Dependency Scenario #1Presented By: Anne Connor Five months later, Nevada receives a week’s notice that the youth is ready to discharge from the treatment facility in Idaho, and they would like Nevada DFS to take emergency custody of the youth and return her to Nevada. This is a current situation in Nevada and the youth will be discharged tomorrow with no plan at this point regarding her return. We are approaching 12 months from the time the youth originally came into contact with authorities in Idaho and are on our third attempt to come to a resolution.
Dependency Scenario #1Presented By: Anne Connor Resolution Youth was returned from Arizona to Nevada and placed in Clark County DFS custody. Issues arose with RTC requesting she have access to prescription anxiety medication throughout the flight home. The request was refused as a safety risk. Form III was never signed in the holding state.
Dependency Scenario #2Presented By: Alicia Ehlers ICJ received notification from Idaho ICPC Administrator, that a female run away from the state of Oregon, had been picked up and was placed in non-relative foster care by endorsement from the court in Idaho under Child Protection. 5/17: The runaway barricaded her room in the foster home, snuck out her window, and hitchhiked to another county in Idaho. 5/20: A report was received that Oregon’s runaway was using her cell phone to create a plan to run away with her boyfriend and boyfriend’s father. 5/27: Foster parents contacted the Department to report that a neighbor had witnessed the runaway sneaking from her bedroom window and meeting a “tall male” during the late hours of the night.
Dependency Scenario #2Presented By: Alicia Ehlers Resolution Idaho’s ICJ office was able to convince the prosecutor and court that Oregon’s runaway was endangering herself, and must be held in detention until arrangements were made through ICJ for her return home.
Dependency Scenario #3Presented By: Anne Connor 17-year-old was being courtesy supervised by Tennessee obo Idaho while residing with her Mother at a local hotel/short term stay residence in Knoxville, Tennessee. Within two months of arrival to Tennessee, 17-year-old and her mother went to Las Vegas for a visit, ostensibly for Mom to get married and the 17 year old ran away. Mom said she would NOT be returning to Las Vegas to pick up the 17-year-old. Mom was advised that this would constitute abandonment on her part.
Dependency Scenario #3Presented By: Anne Connor Over the next week, 17-year-old ran from the non-secure shelter setting a number of times. A warrant was requested from the local Idaho worker several times by Clark Co CPS as a basis to move the youth from the non-secure shelter setting over to secure detention and ensure her safety. Clark Co Probation Officer Finley contacted Mom and also spoke with Idaho local and Mom continues to insist that she will not take custody of the 17-year-old and that she needs to be returned to Idaho probation.
Dependency Scenario #3Presented By: Anne Connor Resolution As her mother has left Tennessee and returned to Idaho, there is no one in Tennessee to return her to. Nevada believes that had this matter been under consideration by the dependency courts in Nevada and Idaho, that Idaho would have been determined to be the home state. While realizing Mom’s lack of cooperation throughout this process has contributed to the mounting frustration, Nevada would argue that the delinquency court in Idaho may need to resolve the possible dependency issues with Mom AFTER she has been returned to her home state. Nevada looks forward to working with both the Idaho ICJ Office and the Idaho local to ensure the 17-year old’s safe and timely return to Idaho.
Airline and Travel Scenario #1Presented By: Alicia Ehlers A juvenile absconder from Nevada was picked up in Idaho. Nevada county decided not to return the juvenile as an absconder and left it up to grandmother in Nevada to purchase a ticket for the juveniles return. An anonymous phone call was made to the airline in Boise telling them that the Nevada juvenile was wanted in Nevada on attempted murder charges. This was not true, however, the airline pilot in Boise decided not to allow the juvenile on the flight. The transport was placed on hold and the juvenile was returned to the Idaho detention center.
Airline and Travel Scenario #1Presented By: Alicia Ehlers Resolution Staff used a bandage and a cap to conceal a disturbing and obscene tattoo that went across one side of the juveniles forehead, and a ticket was purchased to provide an escort for the juvenile. Airline ticket was then obtained on another airline. The airline pilot refused to allow this juvenile to fly unattended and the juvenile was again returned to detention.
Airline and Travel Scenario #2Presented By: Alicia Ehlers Eastern Idaho juvenile placed on flight to Nebraska to testify in a hearing. The flight had a two-hour layover in Boise before continuing to its Nebraska destination. Idaho ICJ made arrangements for staff to provide surveillance and fly along with the juvenile and meet with the Nebraska officers at a predetermined time. When the flight landed in Boise, the flight attendant said to the juvenile, “This flight continues on to Seattle. Do you want to just stay on Board?” And that’s what the juvenile did. Juvenile landed in Omaha two-hours before the Nebraska officers were scheduled to meet with him.
Airline and Travel Scenario #2Presented By: Alicia Ehlers Resolution Airport police took the juvenile into custody and kept him until the Nebraska officers arrived.
Airline and Travel Scenario #3Presented By: Cathlyn Smith Nebraska runaway youth was picked up in Boise, Idaho. Idaho sent the Form III and Nebraska made travel arrangements to return the youth back to his legal guardian in Memphis. Nebraska completed the travel plan and routed to Idaho. Airline Captain stated that youth would need to travel accompanied and in shackles. Nebraska had to rebook the youth with an additional rebooking fee charged to Nebraska.
Airline and Travel Scenario #3Presented By: Cathlyn Smith Resolution Nebraska officials called the airline to investigate what happened, and learned the airline was told the youth was going to be arrested upon landing in Memphis. The pilot was right to be concerned about him traveling alone. This information was not true. Nebraska officials wrote a memo to the airline explaining the youth was not going to be arrested and that his mother was picking him up from the airport. The youth did not have pending charges or a delinquent record. Nebraska ICJ worked with Idaho to ensure all documentation was taken to the airport with the Idaho transport officer, to prevent another delay in the youth’s return back home.
Airline and Travel Scenario #4Presented By: Anne Connor A 20 year old juvenile Parolee from Nebraska is detained in Las Vegas at the Clark County Detention Center. No local charge – being held on the OOS Fugitive Hold only. Signs adult waiver and arrangements are made for him to fly, unaccompanied, on a direct flight from Las Vegas to Omaha. Regular protocol is observed at the Nevada ICJ Office – they contact Vegas Youth Parole Office to make arrangements for them to go over and pick up the youth and transport him to the airport for departure.
Airline and Travel Scenario #4Presented By: Anne Connor The evening before the flight departs, the Nevada ICJ Office receives a call from the Vegas Unit Manager advising that when they contacted TSA and Homeland Security at the Las Vegas airport to make advance arrangements, the Homeland Security Supervisor expressed concerns about the youth flying without an escort based on his record.
Airline and Travel Scenario #4Presented By: Anne Connor Resolution A conference call was set up between ICJ Nevada Office, Vegas Youth Parole Unit Manager, Homeland Security Supervisor and Nebraska local office. It was agreed that two Vegas Youth Parole Officers would escort the youth to the airport and meet up with Homeland Security who would provide two additional Metro Police Officers plus the supervisor to escort the youth through security. If any of the officers became concerned at any point with safety, he would be returned back to jail. Everything worked well and Homeland Security Supervisor escorted the youth down the jet bridge and onto the plane and he was safely on his way.
