§ 7B-2805. (For contingent repeal - see note) Return of escapees and absconders. - North Carolina Statutes

§ 7B‑2805.  (Forcontingent repeal – see note) Return of escapees and absconders.

(a)        The appropriateperson or authority from whose probation or parole supervision a delinquentjuvenile has absconded or from whose institutional custody a delinquent juvenilehas escaped shall present to the appropriate court or to the executiveauthority of the state where the delinquent juvenile is alleged to be located awritten requisition for the return of the delinquent juvenile. The requisitionshall state the name and age of the delinquent juvenile, the particulars of thejuvenile's adjudication as a delinquent juvenile, the circumstances of thebreach of the terms of probation or parole or of the juvenile's escape from aninstitution or agency vested with legal custody or supervision, and thelocation of the delinquent juvenile, if known, at the time the requisition ismade. The requisition shall be verified by affidavit, shall be executed induplicate, and shall be accompanied by two certified copies of the judgment,formal adjudication, or order of commitment which subjects the delinquentjuvenile to probation or parole or to the legal custody of the institution oragency concerned. Any further affidavits and documents as may be deemed propermay be submitted with the requisition. One copy of the requisition shall befiled with the Compact Administrator of the demanding state, there to remain onfile subject to the provisions of the law governing records of the appropriatecourt. Upon the receipt of a requisition demanding the return of a delinquentjuvenile who has absconded or escaped, the court or the executive authority towhom the requisition is addressed shall issue an order to any peace officer orother appropriate person directing the person to take into custody and detainsuch delinquent juvenile. The detention order must substantially recite thefacts necessary to the validity of its issuance hereunder. No delinquentjuvenile detained upon the order shall be delivered over to the officer whomthe appropriate person or authority demanding the juvenile has appointed toreceive the juvenile, unless the juvenile is first taken forthwith before ajudge of an appropriate court in the state, who shall inform the juvenile ofthe demand made for the return, and who may determine that counsel or guardianad litem for the juvenile should be appointed. If the judge of the court findsthat the requisition is in order, the judge shall deliver the delinquentjuvenile over to the officer whom the appropriate person or authority demandingthe juvenile appointed to receive the juvenile. The judge, however, may fix areasonable time to be allowed for the purpose of testing the legality of theproceeding.

Upon reasonable informationthat a person is a delinquent juvenile who has absconded while on probation orparole, or escaped from an institution or agency vested with legal custody orsupervision in any state party to this Compact, the person may be taken intocustody in any other state party to this Compact without a requisition. But inthat event, the juvenile shall be taken forthwith before a judge of theappropriate court, who may determine that counsel or guardian ad litem for theperson should be appointed and who shall determine after a hearing, whethersufficient cause exists to hold the person subject to the order of the courtfor a length of time, not exceeding 90 days, as will enable detention of thejuvenile under a detention order issued on a requisition pursuant to thisArticle. If, at the time when a state seeks the return of a delinquent who haseither absconded while on probation or parole or escaped from an institution oragency vested with legal custody or supervision, there is pending in the statewherein the juvenile is detained any criminal charge or any proceeding to havethe juvenile adjudicated a delinquent juvenile for an act committed in thestate, or if the juvenile is suspected of having committed a criminal offenseor an act of juvenile delinquency within the state, the juvenile shall not bereturned without the consent of the state until discharged from prosecution orother form of proceeding, imprisonment, detention, or supervision for theoffense or juvenile delinquency. The duly accredited officers of any stateparty to this Compact, upon the establishment of their authority and theidentity of the delinquent juvenile being returned, shall be permitted totransport the delinquent juvenile through any and all states party to thisCompact, without interference. Upon return to the state from which the juvenileescaped or absconded, the delinquent juvenile shall be subject to any furtherproceedings appropriate under the laws of that state.

(b)        The state to whicha delinquent juvenile is returned under this Article shall be responsible forthe payment of transportation costs of the return.

(c)        If the courtdetermines that counsel or guardian ad litem should be provided under thissection, appointment shall be in accordance with rules adopted by the Office ofIndigent Defense Services. (1963, c. 910, s. 1; 1965, c. 925, s. 1; 1979, c. 815,s. 1; 1998‑202, s. 6; 2000‑144, s. 26.)