-CITE-

18 USC CHAPTER 403 - JUVENILE DELINQUENCY 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

.

-HEAD-

CHAPTER 403 - JUVENILE DELINQUENCY

-MISC1-

Sec.

5031. Definitions.

5032. Delinquency proceedings in district courts; transfer for

criminal prosecution.

5033. Custody prior to appearance before magistrate judge.

5034. Duties of magistrate judge.

5035. Detention prior to disposition.

5036. Speedy trial.

5037. Dispositional hearing.

5038. Use of juvenile records.

5039. Commitment.

5040. Support.

5041. Repealed.

5042. Revocation of probation.

AMENDMENTS

1990 - Pub. L. 101-647, title XXXV, Sec. 3599H, Nov. 29, 1990,

104 Stat. 4932, substituted ''probation'' for ''Probation'' in item

5042.

1984 - Pub. L. 98-473, title II, Sec. 214(d), Oct. 12, 1984, 98

Stat. 2014, substituted ''Repealed'' for ''Parole'' in item 5041,

and ''Revocation of Probation'' for ''Revocation of parole or

probation'' in item 5042.

1974 - Pub. L. 93-415, title V, Sec. 513, Sept. 7, 1974, 88 Stat.

1138, substituted ''Delinquency proceedings in district courts;

transfer for criminal prosecution.'' for ''Proceeding against

juvenile delinquent.'' in item 5032; ''Custody prior to appearance

before magistrate.'' for ''Jurisdiction; written consent; jury

trial precluded.'' in item 5033; ''Duties of magistrate.'' for

''Probation; commitment to custody of Attorney General; support.''

in item 5034; ''Detention prior to disposition.'' for ''Arrest,

detention and bail.'' in item 5035; ''Speedy trial.'' for

''Contracts for support; payment.'' in item 5036; ''Dispositional

hearing.'' for ''Parole.'' in item 5037; and added items 5038 to

5042.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in

items 5033 and 5034 pursuant to section 321 of Pub. L. 101-650, set

out as a note under section 631 of Title 28, Judiciary and Judicial

Procedure.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3401, 3601, 4101, 4110,

4216 of this title; title 42 section 257.

-CITE-

18 USC Sec. 5031 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5031. Definitions

-STATUTE-

For the purposes of this chapter, a ''juvenile'' is a person who

has not attained his eighteenth birthday, or for the purpose of

proceedings and disposition under this chapter for an alleged act

of juvenile delinquency, a person who has not attained his

twenty-first birthday, and ''juvenile delinquency'' is the

violation of a law of the United States committed by a person prior

to his eighteenth birthday which would have been a crime if

committed by an adult or a violation by such a person of section

922(x).

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93-415, title V,

Sec. 501, Sept. 7, 1974, 88 Stat. 1133; Pub. L. 103-322, title XI,

Sec. 110201(c)(1), Sept. 13, 1994, 108 Stat. 2012.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 921 (June 16, 1938, ch.

486, Sec. 1, 52 Stat. 764).

The phrase ''who has not attained his eighteenth birthday'' was

substituted for ''seventeen years of age or under'' as more clearly

reflecting congressional intent and administrative construction.

The necessity of a definite fixing of the age of the juvenile was

emphasized by Hon. Arthur J. Tuttle, United States district judge,

Detroit, Mich., in a letter to the Committee on Revision of the

Laws dated June 24, 1944. Words ''an offense against the'' was

changed to ''the violation of a'' without change of substance.

Minor change was made in translation of section references to

''this chapter''.

AMENDMENTS

1994 - Pub. L. 103-322 inserted before period at end ''or a

violation by such a person of section 922(x)''.

1974 - Pub. L. 93-415 amended section generally, inserting ''or

for the purpose of proceedings and disposition under this chapter

for an alleged act of juvenile delinquency, a person who has not

attained his twenty-first birthday'' after ''eighteenth birthday,''

and substituting ''committed by a person prior to his eighteenth

birthday which would have been a crime if committed by an adult'',

for ''committed by a juvenile and not punishable by death or life

imprisonment.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3006A of this title.

-CITE-

18 USC Sec. 5032 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5032. Delinquency proceedings in district courts; transfer for

criminal prosecution

-STATUTE-

A juvenile alleged to have committed an act of juvenile

delinquency, other than a violation of law committed within the

special maritime and territorial jurisdiction of the United States

for which the maximum authorized term of imprisonment does not

exceed six months, shall not be proceeded against in any court of

the United States unless the Attorney General, after investigation,

certifies to the appropriate district court of the United States

that (1) the juvenile court or other appropriate court of a State

does not have jurisdiction or refuses to assume jurisdiction over

said juvenile with respect to such alleged act of juvenile

delinquency, (2) the State does not have available programs and

services adequate for the needs of juveniles, or (3) the offense

charged is a crime of violence that is a felony or an offense

described in section 401 of the Controlled Substances Act (21

U.S.C. 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1),

(2), or (3) of the Controlled Substances Import and Export Act (21

U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), section 922(x)

or section 924(b), (g), or (h) of this title, and that there is a

substantial Federal interest in the case or the offense to warrant

the exercise of Federal jurisdiction.

If the Attorney General does not so certify, such juvenile shall

be surrendered to the appropriate legal authorities of such State.

For purposes of this section, the term ''State'' includes a State

of the United States, the District of Columbia, and any

commonwealth, territory, or possession of the United States.

If an alleged juvenile delinquent is not surrendered to the

authorities of a State pursuant to this section, any proceedings

against him shall be in an appropriate district court of the United

States. For such purposes, the court may be convened at any time

and place within the district, in chambers or otherwise. The

Attorney General shall proceed by information or as authorized

under section 3401(g) of this title, and no criminal prosecution

shall be instituted for the alleged act of juvenile delinquency

except as provided below.

A juvenile who is alleged to have committed an act of juvenile

delinquency and who is not surrendered to State authorities shall

be proceeded against under this chapter unless he has requested in

writing upon advice of counsel to be proceeded against as an adult,

except that, with respect to a juvenile fifteen years and older

alleged to have committed an act after his fifteenth birthday which

if committed by an adult would be a felony that is a crime of

violence or an offense described in section 401 of the Controlled

Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009

of the Controlled Substances Import and Export Act (21 U.S.C.

952(a), 955, 959), or section 922(x) of this title, or in section

924(b), (g), or (h) of this title, criminal prosecution on the

basis of the alleged act may be begun by motion to transfer of the

Attorney General in the appropriate district court of the United

States, if such court finds, after hearing, such transfer would be

in the interest of justice. In the application of the preceding

sentence, if the crime of violence is an offense under section

113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a

firearm during the offense, section 2111, 2113, 2241(a), or

2241(c), ''thirteen'' shall be substituted for ''fifteen'' and

''thirteenth'' shall be substituted for ''fifteenth''.

Notwithstanding sections 1152 and 1153, no person subject to the

criminal jurisdiction of an Indian tribal government shall be

subject to the preceding sentence for any offense the Federal

jurisdiction for which is predicated solely on Indian country (as

defined in section 1151), and which has occurred within the

boundaries of such Indian country, unless the governing body of the

tribe has elected that the preceding sentence have effect over land

and persons subject to its criminal jurisdiction. However, a

juvenile who is alleged to have committed an act after his

sixteenth birthday which if committed by an adult would be a felony

offense that has as an element thereof the use, attempted use, or

threatened use of physical force against the person of another, or

that, by its very nature, involves a substantial risk that physical

force against the person of another may be used in committing the

offense, or would be an offense described in section 32, 81,

844(d), (e), (f), (h), (i) or 2275 of this title, subsection

(b)(1)(A), (B), or (C), (d), or (e) of section 401 of the

Controlled Substances Act, or section 1002(a), 1003, 1009, or

1010(b)(1), (2), or (3) of the Controlled Substances Import and

Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), (3)), and

who has previously been found guilty of an act which if committed

by an adult would have been one of the offenses set forth in this

paragraph or an offense in violation of a State felony statute that

would have been such an offense if a circumstance giving rise to

Federal jurisdiction had existed, shall be transferred to the

appropriate district court of the United States for criminal

prosecution.

Evidence of the following factors shall be considered, and

findings with regard to each factor shall be made in the record, in

assessing whether a transfer would be in the interest of justice:

the age and social background of the juvenile; the nature of the

alleged offense; the extent and nature of the juvenile's prior

delinquency record; the juvenile's present intellectual development

and psychological maturity; the nature of past treatment efforts

and the juvenile's response to such efforts; the availability of

programs designed to treat the juvenile's behavioral problems. In

considering the nature of the offense, as required by this

paragraph, the court shall consider the extent to which the

juvenile played a leadership role in an organization, or otherwise

influenced other persons to take part in criminal activities,

involving the use or distribution of controlled substances or

firearms. Such a factor, if found to exist, shall weigh in favor

of a transfer to adult status, but the absence of this factor shall

not preclude such a transfer.

Reasonable notice of the transfer hearing shall be given to the

juvenile, his parents, guardian, or custodian and to his counsel.

The juvenile shall be assisted by counsel during the transfer

hearing, and at every other critical stage of the proceedings.

Once a juvenile has entered a plea of guilty or the proceeding

has reached the stage that evidence has begun to be taken with

respect to a crime or an alleged act of juvenile delinquency

subsequent criminal prosecution or juvenile proceedings based upon

such alleged act of delinquency shall be barred.

Statements made by a juvenile prior to or during a transfer

hearing under this section shall not be admissible at subsequent

criminal prosecutions.

Whenever a juvenile transferred to district court under this

section is not convicted of the crime upon which the transfer was

based or another crime which would have warranted transfer had the

juvenile been initially charged with that crime, further

proceedings concerning the juvenile shall be conducted pursuant to

the provisions of this chapter.

A juvenile shall not be transferred to adult prosecution nor

shall a hearing be held under section 5037 (disposition after a

finding of juvenile delinquency) until any prior juvenile court

records of such juvenile have been received by the court, or the

clerk of the juvenile court has certified in writing that the

juvenile has no prior record, or that the juvenile's record is

unavailable and why it is unavailable.

Whenever a juvenile is adjudged delinquent pursuant to the

provisions of this chapter, the specific acts which the juvenile

has been found to have committed shall be described as part of the

official record of the proceedings and part of the juvenile's

official record.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93-415, title V,

Sec. 502, Sept. 7, 1974, 88 Stat. 1134; Pub. L. 98-473, title II,

Sec. 1201, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 100-690, title VI,

Sec. 6467(a), Nov. 18, 1988, 102 Stat. 4375; Pub. L. 101-647, title

XII, Sec. 1205(n), title XXXV, Sec. 3599G, Nov. 29, 1990, 104 Stat.

4831, 4932; Pub. L. 103-322, title XI, Sec. 110201(c)(2), title

XIV, Sec. 140001, 140002, title XV, Sec. 150002, Sept. 13, 1994,

108 Stat. 2012, 2031, 2035; Pub. L. 104-294, title VI, Sec.

601(c)(1), (g)(1), Oct. 11, 1996, 110 Stat. 3499, 3500.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 922 (June 16, 1938, ch.

486, Sec. 2, 52 Stat. 765).

The final sentence of said section 922 of title 18, U.S.C., 1940

ed., was incorporated in section 5033 of this title.

Changes were made in arrangement and phraseology.

AMENDMENTS

1996 - Pub. L. 104-294, in first par., inserted ''section

922(x)'' before ''or section 924(b)'' and struck out ''or (x)''

after ''or (h)'', and in third par., inserted ''or as authorized

under section 3401(g) of this title'' after ''shall proceed by

information''.

1994 - Pub. L. 103-322, Sec. 150002(1), substituted ''924(b),

(g), or (h)'' for ''922(p)'' in first par.

Pub. L. 103-322, Sec. 110201(c)(2)(A), inserted ''or (x)'' after

''922(p)'' in first par.

Pub. L. 103-322, Sec. 140001, in fourth par., substituted ''. In

the application of the preceding sentence, if the crime of violence

is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or,

if the juvenile possessed a firearm during the offense, section

2111, 2113, 2241(a), or 2241(c), 'thirteen' shall be substituted

for 'fifteen' and 'thirteenth' shall be substituted for

'fifteenth'. Notwithstanding sections 1152 and 1153, no person

subject to the criminal jurisdiction of an Indian tribal government

shall be subject to the preceding sentence for any offense the

Federal jurisdiction for which is predicated solely on Indian

country (as defined in section 1151), and which has occurred within

the boundaries of such Indian country, unless the governing body of

the tribe has elected that the preceding sentence have effect over

land and persons subject to its criminal jurisdiction. However''

for ''; however''.

Pub. L. 103-322, Sec. 110201(c)(2)(B), 150002(2), inserted ''or

section 922(x) of this title, or in section 924(b), (g), or (h) of

this title,'' before ''criminal prosecution on the basis'' in

fourth par.

Pub. L. 103-322, Sec. 150002(3), inserted at end of fifth par.

''In considering the nature of the offense, as required by this

paragraph, the court shall consider the extent to which the

juvenile played a leadership role in an organization, or otherwise

influenced other persons to take part in criminal activities,

involving the use or distribution of controlled substances or

firearms. Such a factor, if found to exist, shall weigh in favor

of a transfer to adult status, but the absence of this factor shall

not preclude such a transfer.''

Pub. L. 103-322, Sec. 140002, substituted ''A juvenile shall not

be transferred to adult prosecution nor shall a hearing be held

under section 5037 (disposition after a finding of juvenile

delinquency) until'' for ''Any proceedings against a juvenile under

this chapter or as an adult shall not be commenced until'' in tenth

par.

1990 - Pub. L. 101-647 inserted definition of ''State'' at end of

second par., struck out ''or the District of Columbia'' after ''to

the authorities of a State'' in third par., and substituted

''offenses set forth in this paragraph'' for ''offenses set forth

in this subsection'' in fourth par.

1988 - Pub. L. 100-690, Sec. 6467(a)(1), substituted ''section

401 of the Controlled Substances Act (21 U.S.C. 841), or section

1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the

Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953,

955, 959, 960(b)(1), (2), (3)), or section 922(p) of this title,''

for ''section 841, 952(a), 955, or 959 of title 21,'' in first par.

Pub. L. 100-690, Sec. 6467(a)(2), substituted ''section 401 of

the Controlled Substances Act (21 U.S.C. 841), or section 1002(a),

1005, or 1009 of the Controlled Substances Import and Export Act

(21 U.S.C. 952(a), 955, 959),'' for ''section 841, 952(a), 955, or

959 of title 21,'' and inserted ''subsection (b)(1)(A), (B), or

(C), (d), or (e) of section 401 of the Controlled Substances Act,

or section 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the

Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953,

959, 960(b)(1), (2), (3)),'' after ''2275 of this title,'' in

fourth par.

1984 - Pub. L. 98-473, Sec. 1201(a), amended first par.

generally, inserting '', other than a violation of law committed

within the special maritime and territorial jurisdiction of the

United States for which the maximum authorized term of imprisonment

does not exceed six months,'' before ''shall not be proceeded'',

inserting ''(1)'' before ''the juvenile court'', striking out

''(1)'' before ''does not have'', inserting ''the State'' after

''(2)'', and inserting '', or (3) the offense charged is a crime of

violence that is a felony, or an offense described in section 841,

952(a), 955, or 959 of title 21, and that there is a substantial

Federal interest in the case or the offense to warrant the exercise

of Federal jurisdiction.''

Pub. L. 98-473, Sec. 1201(b)(1), which directed the amendment of

fourth par. by substituting ''that is a crime of violence or an

offense described in section 841, 952(a), 955, or 959 of title 21''

for ''punishable by a maximum penalty of ten years imprisonment or

more, life imprisonment or death'' was executed by substituting the

quoted wording for ''punishable by a maximum penalty of ten years

imprisonment or more, life imprisonment, or death'' as the probable

intent of Congress.

Pub. L. 98-473, Sec. 1201(b)(2), substituted ''fifteen'' for

''sixteen'' and ''fifteenth'' for ''sixteenth'' in fourth par.

Pub. L. 98-473, Sec. 1201(b)(3), inserted provision at end of

fourth par., relating to transfer of a juvenile who is alleged to

have committed certain acts after his sixteenth birthday to the

appropriate district court of the United States for criminal

prosecution.

Pub. L. 98-473, Sec. 1201(c), added three pars. at end of section

relating to juveniles not convicted of crimes in district court,

reception of prior juveniles court records by the court, and

description of the specific act of delinquency for the record.

1974 - Pub. L. 93-415 amended section generally, substituting

''Delinquency proceedings in district courts; transfer for criminal

prosecution'', for ''Proceedings against juvenile delinquent'' in

section catchline, inserting provisions relating to certification

to, and procedures in, district courts, transfer upon motion by

Attorney General with respect to a juvenile sixteen years and

older, factors considered in transfer, notice of transfer, barring

of subsequent criminal or juvenile delinquency proceedings upon

entering plea of guilty or upon taking of evidence, and

admissibility of statements by a juvenile in subsequent criminal

prosecution, and substituting provision relating to consent upon

advice of counsel for treatment as an adult, for provision

requiring consent for treatment as a juvenile.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 751, 3401, 5001, 5038 of

this title.

-CITE-

18 USC Sec. 5033 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5033. Custody prior to appearance before magistrate judge

-STATUTE-

Whenever a juvenile is taken into custody for an alleged act of

juvenile delinquency, the arresting officer shall immediately

advise such juvenile of his legal rights, in language comprehensive

to a juvenile, and shall immediately notify the Attorney General

and the juvenile's parents, guardian, or custodian of such

custody. The arresting officer shall also notify the parents,

guardian, or custodian of the rights of the juvenile and of the

nature of the alleged offense.

The juvenile shall be taken before a magistrate judge forthwith.

In no event shall the juvenile be detained for longer than a

reasonable period of time before being brought before a magistrate

judge.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93-415, title V,

Sec. 503, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 922, 923 (June 16,

1938, ch. 486, Sec. 2, 3, 52 Stat. 765).

This section consolidates said section 923, and the final

sentence of said section 922, of title 18, U.S.C., 1940 ed., with

such changes of phraseology as were necessary to effect the

consolidation.

This revised section and section 5032 of this title were

rewritten to make clear the legislative intent that a juvenile

delinquency proceeding shall result in the adjudication of a status

rather than the conviction of a crime.

The other provisions of said section 922 are incorporated in

section 5032 of this title.

AMENDMENTS

1974 - Pub. L. 93-415 amended section generally, substituting

''Custody prior to appearance before magistrate'', for

''Jurisdiction; written consent; jury trial precluded'' in section

catchline, and substituting provisions relating to advice of rights

by arresting officer, notification of Attorney General, parents,

guardian or custodian, and appearance before magistrate, for

provisions relating to jurisdiction of district courts, jury,

consent by juvenile, and apprisal of rights by Judge of District

Court.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in

catchline and wherever appearing in text pursuant to section 321 of

Pub. L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-CITE-

18 USC Sec. 5034 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5034. Duties of magistrate judge

-STATUTE-

The magistrate judge shall insure that the juvenile is

represented by counsel before proceeding with critical stages of

the proceedings. Counsel shall be assigned to represent a juvenile

when the juvenile and his parents, guardian, or custodian are

financially unable to obtain adequate representation. In cases

where the juvenile and his parents, guardian, or custodian are

financially able to obtain adequate representation but have not

retained counsel, the magistrate judge may assign counsel and order

the payment of reasonable attorney's fees or may direct the

juvenile, his parents, guardian, or custodian to retain private

counsel within a specified period of time.

The magistrate judge may appoint a guardian ad litem if a parent

or guardian of the juvenile is not present, or if the magistrate

judge has reason to believe that the parents or guardian will not

cooperate with the juvenile in preparing for trial, or that the

interests of the parents or guardian and those of the juvenile are

adverse.

If the juvenile has not been discharged before his initial

appearance before the magistrate judge, the magistrate judge shall

release the juvenile to his parents, guardian, custodian, or other

responsible party (including, but not limited to, the director of a

shelter-care facility) upon their promise to bring such juvenile

before the appropriate court when requested by such court unless

the magistrate judge determines, after hearing, at which the

juvenile is represented by counsel, that the detention of such

juvenile is required to secure his timely appearance before the

appropriate court or to insure his safety or that of others.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 87-428, Mar. 31,

1962, 76 Stat. 52; Pub. L. 93-415, title V, Sec. 504, Sept. 7,

1974, 88 Stat. 1135; Pub. L. 100-690, title VII, Sec. 7045, Nov.

18, 1988, 102 Stat. 4400; Pub. L. 101-650, title III, Sec. 321,

Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 924 (June 16, 1938, ch.

486, Sec. 4, 52 Stat. 765).

The words ''foster homes'' were inserted to remove any doubt as

to the authority to commit to such foster homes in accordance with

past and present administrative practice.

The reference to particular sections dealing with probation was

omitted as unnecessary.

Changes were made in phraseology and arrangement.

AMENDMENTS

1988 - Pub. L. 100-690 substituted ''facility) upon'' for

''facility upon'' in last par.

1974 - Pub. L. 93-415 amended section generally, substituting

''Duties of magistrate'', for ''Probation; commitment to custody of

Attorney General; support'' in section catchline, and substituting

provisions relating to procedure before, and duties of, magistrate,

for provisions relating to probation, commitment to custody of

Attorney General, duties of Attorney General, and procedures aiding

court in determining whether to place juvenile on probation or

commit him to custody of Attorney General.

1962 - Pub. L. 87-428 added fourth par. authorizing commitment of

a juvenile delinquent to the custody of the Attorney General for

observation and study.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in

catchline and wherever appearing in text pursuant to section 321 of

Pub. L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 751, 752 of this title.

-CITE-

18 USC Sec. 5035 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5035. Detention prior to disposition

-STATUTE-

A juvenile alleged to be delinquent may be detained only in a

juvenile facility or such other suitable place as the Attorney

General may designate. Whenever possible, detention shall be in a

foster home or community based facility located in or near his home

community. The Attorney General shall not cause any juvenile

alleged to be delinquent to be detained or confined in any

institution in which the juvenile has regular contact with adult

persons convicted of a crime or awaiting trial on criminal

charges. Insofar as possible, alleged delinquents shall be kept

separate from adjudicated delinquents. Every juvenile in custody

shall be provided with adequate food, heat, light, sanitary

facilities, bedding, clothing, recreation, education, and medical

care, including necessary psychiatric, psychological, or other care

and treatment.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93-415, title V,

Sec. 505, Sept. 7, 1974, 88 Stat. 1135.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 925 (June 16, 1938, ch.

486, Sec. 5, 52, Stat. 765).

Minor changes were made in arrangement and phraseology.

AMENDMENTS

1974 - Pub. L. 93-415 amended section generally, substituting

''Detention prior to disposition'', for ''Arrest, detention and

bail'' in section catchline, striking out provisions relating to

discretionary power of arresting officer or marshal to confine

juvenile in jail, provisions relating to bail and default of bail,

and inserting provisions relating to mandatory separation of

juvenile from adjudicated delinquents, and provisions relating to

the physical conditions of confining facility.

-CITE-

18 USC Sec. 5036 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5036. Speedy trial

-STATUTE-

If an alleged delinquent who is in detention pending trial is not

brought to trial within thirty days from the date upon which such

detention was begun, the information shall be dismissed on motion

of the alleged delinquent or at the direction of the court, unless

the Attorney General shows that additional delay was caused by the

juvenile or his counsel, or consented to by the juvenile and his

counsel, or would be in the interest of justice in the particular

case. Delays attributable solely to court calendar congestion may

not be considered in the interest of justice. Except in

extraordinary circumstances, an information dismissed under this

section may not be reinstituted.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93-415, title V,

Sec. 506, Sept. 7, 1974, 88 Stat. 1136.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 926 (June 16, 1938, ch.

486, Sec. 6, 52 Stat. 766).

The words ''foster homes'' were inserted to remove any doubt as

to the authority to commit to such foster homes in accordance with

past and present administrative practice.

AMENDMENTS

1974 - Pub. L. 93-415 amended section generally, substituting

''Speedy trial'' for ''Contracts for support; payment'' in section

catchline, and substituting provisions relating to dismissal of

information due to delay, for provisions relating to contracts with

public or private agencies for custody and care of juvenile

delinquents.

-CITE-

18 USC Sec. 5037 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5037. Dispositional hearing

-STATUTE-

(a) If the court finds a juvenile to be a juvenile delinquent,

the court shall hold a disposition hearing concerning the

appropriate disposition no later than twenty court days after the

juvenile delinquency hearing unless the court has ordered further

study pursuant to subsection (d). After the disposition hearing,

and after considering any pertinent policy statements promulgated

by the Sentencing Commission pursuant to 28 U.S.C. 994, the court

may suspend the findings of juvenile delinquency, place him on

probation, or commit him to official detention which may include a

term of juvenile delinquent supervision to follow detention. In

addition, the court may enter an order of restitution pursuant to

section 3556. With respect to release or detention pending an

appeal or a petition for a writ of certiorari after disposition,

the court shall proceed pursuant to the provisions of chapter 207.

(b) The term for which probation may be ordered for a juvenile

found to be a juvenile delinquent may not extend -

(1) in the case of a juvenile who is less than eighteen years

old, beyond the lesser of -

(A) the date when the juvenile becomes twenty-one years old;

or

(B) the maximum term that would be authorized by section

3561(c) if the juvenile had been tried and convicted as an

adult; or

(2) in the case of a juvenile who is between eighteen and

twenty-one years old, beyond the lesser of -

(A) three years; or

(B) the maximum term that would be authorized by section

3561(c) if the juvenile had been tried and convicted as an

adult.

The provisions dealing with probation set forth in sections 3563

and 3564 are applicable to an order placing a juvenile on

probation. If the juvenile violates a condition of probation at

any time prior to the expiration or termination of the term of

probation, the court may, after a dispositional hearing and after

considering any pertinent policy statements promulgated by the

Sentencing Commission pursuant to section 994 of title 28, revoke

the term of probation and order a term of official detention. The

term of official detention authorized upon revocation of probation

shall not exceed the terms authorized in section 5037(c)(2)(A) and

(B). The application of sections 5037(c)(2)(A) and (B) shall be

determined based upon the age of the juvenile at the time of the

disposition of the revocation proceeding. If a juvenile is over

the age of 21 years old at the time of the revocation proceeding,

the mandatory revocation provisions of section 3565(b) are

applicable. A disposition of a juvenile who is over the age of 21

years shall be in accordance with the provisions of section

5037(c)(2), except that in the case of a juvenile who if convicted

as an adult would be convicted of a Class A, B, or C felony, no

term of official detention may continue beyond the juvenile's 26th

birthday, and in any other case, no term of official detention may

continue beyond the juvenile's 24th birthday. A term of official

detention may include a term of juvenile delinquent supervision.

(c) The term for which official detention may be ordered for a

juvenile found to be a juvenile delinquent may not extend -

(1) in the case of a juvenile who is less than eighteen years

old, beyond the lesser of -

(A) the date when the juvenile becomes twenty-one years old;

(B) the maximum of the guideline range, pursuant to section

994 of title 28, applicable to an otherwise similarly situated

adult defendant unless the court finds an aggravating factor to

warrant an upward departure from the otherwise applicable

guideline range; or

(C) the maximum term of imprisonment that would be authorized

if the juvenile had been tried and convicted as an adult; or

(2) in the case of a juvenile who is between eighteen and

twenty-one years old -

(A) who if convicted as an adult would be convicted of a

Class A, B, or C felony, beyond the lesser of -

(i) five years; or

(ii) the maximum of the guideline range, pursuant to

section 994 of title 28, applicable to an otherwise similarly

situated adult defendant unless the court finds an

aggravating factor to warrant an upward departure from the

otherwise applicable guideline range; or

(B) in any other case beyond the lesser of -

(i) three years;

(ii) the maximum of the guideline range, pursuant to

section 994 of title 28, applicable to an otherwise similarly

situated adult defendant unless the court finds an

aggravating factor to warrant an upward departure from the

otherwise applicable guideline range; or

(iii) the maximum term of imprisonment that would be

authorized if the juvenile had been tried and convicted as an

adult.

Section 3624 is applicable to an order placing a juvenile under

detention.

(d)(1) The court, in ordering a term of official detention, may

include the requirement that the juvenile be placed on a term of

juvenile delinquent supervision after official detention.

(2) The term of juvenile delinquent supervision that may be

ordered for a juvenile found to be a juvenile delinquent may not

extend -

(A) in the case of a juvenile who is less than 18 years old, a

term that extends beyond the date when the juvenile becomes 21

years old; or

(B) in the case of a juvenile who is between 18 and 21 years

old, a term that extends beyond the maximum term of official

detention set forth in section 5037(c)(2)(A) and (B), less the

term of official detention ordered.

(3) The provisions dealing with probation set forth in sections

3563 and 3564 are applicable to an order placing a juvenile on

juvenile delinquent supervision.

(4) The court may modify, reduce, or enlarge the conditions of

juvenile delinquent supervision at any time prior to the expiration

or termination of the term of supervision after a dispositional

hearing and after consideration of the provisions of section 3563

regarding the initial setting of the conditions of probation.

(5) If the juvenile violates a condition of juvenile delinquent

supervision at any time prior to the expiration or termination of

the term of supervision, the court may, after a dispositional

hearing and after considering any pertinent policy statements

promulgated by the Sentencing Commission pursuant to section 994 of

title 18, (FOOTNOTE 1) revoke the term of supervision and order a

term of official detention. The term of official detention which

is authorized upon revocation of juvenile delinquent supervision

shall not exceed the term authorized in section 5037(c)(2)(A) and

(B), less any term of official detention previously ordered. The

application of sections 5037(c)(2)(A) and (B) shall be determined

based upon the age of the juvenile at the time of the disposition

of the revocation proceeding. If a juvenile is over the age of 21

years old at the time of the revocation proceeding, the mandatory

revocation provisions of section 3565(b) are applicable. A

disposition of a juvenile who is over the age of 21 years old shall

be in accordance with the provisions of section 5037(c)(2), except

that in the case of a juvenile who if convicted as an adult would

be convicted of a Class A, B, or C felony, no term of official

detention may continue beyond the juvenile's 26th birthday, and in

any other case, no term of official detention may continue beyond

the juvenile's 24th birthday.

(FOOTNOTE 1) So in original. Probably should be ''title 28,''.

(6) When a term of juvenile delinquent supervision is revoked and

the juvenile is committed to official detention, the court may

include a requirement that the juvenile be placed on a term of

juvenile delinquent supervision. Any term of juvenile delinquent

supervision ordered following revocation for a juvenile who is over

the age of 21 years old at the time of the revocation proceeding

shall be in accordance with the provisions of section 5037(d)(1),

except that in the case of a juvenile who if convicted as an adult

would be convicted of a Class A, B, or C felony, no term of

juvenile delinquent supervision may continue beyond the juvenile's

26th birthday, and in any other case, no term of juvenile

delinquent supervision may continue beyond the juvenile's 24th

birthday.

(e) If the court desires more detailed information concerning an

alleged or adjudicated delinquent, it may commit him, after notice

and hearing at which the juvenile is represented by counsel, to the

custody of the Attorney General for observation and study by an

appropriate agency. Such observation and study shall be conducted

on an out-patient basis, unless the court determines that inpatient

observation and study are necessary to obtain the desired

information. In the case of an alleged juvenile delinquent,

inpatient study may be ordered only with the consent of the

juvenile and his attorney. The agency shall make a complete study

of the alleged or adjudicated delinquent to ascertain his personal

traits, his capabilities, his background, any previous delinquency

or criminal experience, any mental or physical defect, and any

other relevant factors. The Attorney General shall submit to the

court and the attorneys for the juvenile and the Government the

results of the study within thirty days after the commitment of the

juvenile, unless the court grants additional time.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93-415, title V,

Sec. 507, Sept. 7, 1974, 88 Stat. 1136; Pub. L. 98-473, title II,

Sec. 214(a), Oct. 12, 1984, 98 Stat. 2013; Pub. L. 99-646, Sec.

21(a), Nov. 10, 1986, 100 Stat. 3596; Pub. L. 104-294, title VI,

Sec. 604(b)(40), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 107-273,

div. C, title II, Sec. 12301, Nov. 2, 2002, 116 Stat. 1896.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 927 (June 16, 1938, ch.

486, Sec. 7, 52 Stat. 766).

Reference to section establishing the Board of Parole was omitted

as unnecessary.

Minor changes were made in phraseology.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 12301(1), in second

sentence, struck out ''enter an order of restitution pursuant to

section 3556,'' after ''findings of juvenile delinquency,'' and

inserted ''which may include a term of juvenile delinquent

supervision to follow detention'' after ''official detention'', and

inserted after second sentence ''In addition, the court may enter

an order of restitution pursuant to section 3556.''

Subsec. (b). Pub. L. 107-273, Sec. 12301(2), added concluding

provisions and struck out former concluding provisions which read

as follows: ''The provisions dealing with probation set forth in

sections 3563, 3564, and 3565 are applicable to an order placing a

juvenile on probation.''

Subsec. (c)(1)(B), (C). Pub. L. 107-273, Sec. 12301(3), added

subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (c)(2)(A). Pub. L. 107-273, Sec. 12301(4), substituted

''the lesser of -

''(i) five years; or

''(ii) the maximum of the guideline range, pursuant to section

994 of title 28, applicable to an otherwise similarly situated

adult defendant unless the court finds an aggravating factor to

warrant an upward departure from the otherwise applicable

guideline range; or''

for ''five years; or''.

Subsec. (c)(2)(B)(ii), (iii). Pub. L. 107-273, Sec. 12301(5),

added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsecs. (d), (e). Pub. L. 107-273, Sec. 12301(6), (7), added

subsec. (d) and redesignated former subsec. (d) as (e).

1996 - Subsec. (b)(1)(B), (2)(B). Pub. L. 104-294 substituted

''section 3561(c)'' for ''section 3561(b)''.

1986 - Subsec. (a). Pub. L. 99-646, Sec. 21(a)(1), substituted

''subsection (d)'' for ''subsection (e)''.

Subsec. (c). Pub. L. 99-646, Sec. 21(a)(2)-(4), struck out ''by

section 3581(b)'' after ''would be authorized'' in pars. (1)(B) and

(2)(B)(ii), and inserted provision that section 3624 is applicable

to an order placing a juvenile under detention.

1984 - Pub. L. 98-473 substituted subsecs. (a) to (c) for former

subsecs. (a) and (b) and redesignated former subsec. (c) as (d).

Prior to amendment, subsecs. (a) and (b) read as follows:

''(a) If a juvenile is adjudicated delinquent, a separate

dispositional hearing shall be held no later than twenty court days

after trial unless the court has ordered further study in

accordance with subsection (c). Copies of the presentence report

shall be provided to the attorneys for both the juvenile and the

Government a reasonable time in advance of the hearing.

''(b) The court may suspend the adjudication of delinquency or

the disposition of the delinquent on such conditions as it deems

proper, place him on probation, or commit him to the custody of the

Attorney General. Probation, commitment, or commitment in

accordance with subsection (c) shall not extend beyond the

juvenile's twenty-first birthday or the maximum term which could

have been imposed on an adult convicted of the same offense,

whichever is sooner, unless the juvenile has attained his

nineteenth birthday at the time of disposition, in which case

probation, commitment, or commitment in accordance with subsection

(c) shall not exceed the lesser of two years or the maximum term

which could have been imposed on an adult convicted of the same

offense.''

1974 - Pub. L. 93-415 amended section generally, substituting

''Dispositional hearing'' for ''Parole'' in section catchline and

striking out provisions relating to parole.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 21(b) of Pub. L. 99-646 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date the amendments made by such section 214 (of Pub. L.

98-473) take effect (Nov. 1, 1987).''

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5032, 5038 of this title.

-CITE-

18 USC Sec. 5038 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5038. Use of juvenile records

-STATUTE-

(a) Throughout and upon the completion of the juvenile

delinquency proceeding, the records shall be safeguarded from

disclosure to unauthorized persons. The records shall be released

to the extent necessary to meet the following circumstances:

(1) inquiries received from another court of law;

(2) inquiries from an agency preparing a presentence report for

another court;

(3) inquiries from law enforcement agencies where the request

for information is related to the investigation of a crime or a

position within that agency;

(4) inquiries, in writing, from the director of a treatment

agency or the director of a facility to which the juvenile has

been committed by the court;

(5) inquiries from an agency considering the person for a

position immediately and directly affecting the national

security; and

(6) inquiries from any victim of such juvenile delinquency, or

if the victim is deceased from the immediate family of such

victim, related to the final disposition of such juvenile by the

court in accordance with section 5037.

Unless otherwise authorized by this section, information about the

juvenile record may not be released when the request for

information is related to an application for employment, license,

bonding, or any civil right or privilege. Responses to such

inquiries shall not be different from responses made about persons

who have never been involved in a delinquency proceeding.

(b) District courts exercising jurisdiction over any juvenile

shall inform the juvenile, and his parent or guardian, in writing

in clear and nontechnical language, of rights relating to his

juvenile record.

(c) During the course of any juvenile delinquency proceeding, all

information and records relating to the proceeding, which are

obtained or prepared in the discharge of an official duty by an

employee of the court or an employee of any other governmental

agency, shall not be disclosed directly or indirectly to anyone

other than the judge, counsel for the juvenile and the Government,

or others entitled under this section to receive juvenile records.

(d) Whenever a juvenile is found guilty of committing an act

which if committed by an adult would be a felony that is a crime of

violence or an offense described in section 401 of the Controlled

Substances Act or section 1001(a), 1005, or 1009 of the Controlled

Substances Import and Export Act, such juvenile shall be

fingerprinted and photographed. Except a juvenile described in

subsection (f), fingerprints and photographs of a juvenile who is

not prosecuted as an adult shall be made available only in

accordance with the provisions of subsection (a) of this section.

Fingerprints and photographs of a juvenile who is prosecuted as an

adult shall be made available in the manner applicable to adult

defendants.

(e) Unless a juvenile who is taken into custody is prosecuted as

an adult neither the name nor picture of any juvenile shall be made

public in connection with a juvenile delinquency proceeding.

(f) Whenever a juvenile has on two separate occasions been found

guilty of committing an act which if committed by an adult would be

a felony crime of violence or an offense described in section 401

of the Controlled Substances Act or section 1001(a), 1005, or 1009

of the Controlled Substances Import and Export Act, or whenever a

juvenile has been found guilty of committing an act after his 13th

birthday which if committed by an adult would be an offense

described in the second sentence of the fourth paragraph of section

5032 of this title, the court shall transmit to the Federal Bureau

of Investigation the information concerning the adjudications,

including name, date of adjudication, court, offenses, and

sentence, along with the notation that the matters were juvenile

adjudications.

-SOURCE-

(Added Pub. L. 93-415, title V, Sec. 508, Sept. 7, 1974, 88 Stat.

1137; amended Pub. L. 95-115, Sec. 8(b), Oct. 3, 1977, 91 Stat.

1060; Pub. L. 98-473, title II, Sec. 1202, Oct. 12, 1984, 98 Stat.

2150; Pub. L. 103-322, title XIV, Sec. 140005, Sept. 13, 1994, 108

Stat. 2032; Pub. L. 104-294, title VI, Sec. 601(f)(16), (o), Oct.

11, 1996, 110 Stat. 3500, 3502.)

-REFTEXT-

REFERENCES IN TEXT

Section 401 of the Controlled Substances Act, referred to in

subsecs. (d) and (f), is classified to section 841 of Title 21,

Food and Drugs.

Sections 1001(a), 1005, or 1009 of the Controlled Substances

Import and Export Act, referred to in subsecs. (d) and (f), are

classified to sections 951(a), 955, and 959, respectively, of Title

21.

-MISC2-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-294, Sec. 601(f)(16), substituted

''section 401 of the Controlled Substances Act or section 1001(a),

1005, or 1009 of the Controlled Substances Import and Export Act''

for ''section 841, 952(a), 955, or 959 of title 21''.

Subsec. (f). Pub. L. 104-294 substituted ''section 401 of the

Controlled Substances Act or section 1001(a), 1005, or 1009 of the

Controlled Substances Import and Export Act'' for ''section 841,

952(a), 955, or 959 of title 21'', ''juvenile has been found

guilty'' for ''juvenille has been found guilty'', and ''the Federal

Bureau of Investigation'' for ''the Federal Bureau of

Investigation, Identification Division,''.

1994 - Subsec. (f). Pub. L. 103-322 inserted ''or whenever a

juvenille has been found guilty of committing an act after his 13th

birthday which if committed by an adult would be an offense

described in the second sentence of the fourth paragraph of section

5032 of this title,'' after ''title 21,''.

1984 - Pub. L. 98-473 amended section generally, striking out in

subsec. (a) provisions that, upon completion of any delinquency

proceedings the court shall order the entire record and file to be

sealed, substituting a new subsec. (d) for a former subsec. (d)

which provided that unless a juvenile is prosecuted as an adult

neither fingerprints nor photographs shall be taken without the

consent of the judge and the juveniles name and picture shall not

be made available to any public medium of communication and adding

subsecs. (e) and (f).

1977 - Subsec. (a)(6). Pub. L. 95-115 added par. (6).

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of Title 42, The Public Health and Welfare.

-CITE-

18 USC Sec. 5039 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5039. Commitment

-STATUTE-

No juvenile committed, whether pursuant to an adjudication of

delinquency or conviction for an offense, to the custody of the

Attorney General may be placed or retained in an adult jail or

correctional institution in which he has regular contact with

adults incarcerated because they have been convicted of a crime or

are awaiting trial on criminal charges.

Every juvenile who has been committed shall be provided with

adequate food, heat, light, sanitary facilities, bedding, clothing,

recreation, counseling, education, training, and medical care

including necessary psychiatric, psychological, or other care and

treatment.

Whenever possible, the Attorney General shall commit a juvenile

to a foster home or community-based facility located in or near his

home community.

-SOURCE-

(Added Pub. L. 93-415, title V, Sec. 509, Sept. 7, 1974, 88 Stat.

1138; amended Pub. L. 103-322, title XIV, Sec. 140003, Sept. 13,

1994, 108 Stat. 2032.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 inserted '', whether pursuant to an

adjudication of delinquency or conviction for an offense,'' after

''committed'' in first par.

-CITE-

18 USC Sec. 5040 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5040. Support

-STATUTE-

The Attorney General may contract with any public or private

agency or individual and such community-based facilities as halfway

houses and foster homes for the observation and study and the

custody and care of juveniles in his custody. For these purposes,

the Attorney General may promulgate such regulations as are

necessary and may use the appropriation for ''support of United

States prisoners'' or such other appropriations as he may

designate.

-SOURCE-

(Added Pub. L. 93-415, title V, Sec. 510, Sept. 7, 1974, 88 Stat.

1138.)

-CITE-

18 USC Sec. 5041 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

(Sec. 5041. Repealed. Pub. L. 98-473, title II, Sec. 214(b), Oct.

12, 1984, 98 Stat. 2014)

-MISC1-

Section, added Pub. L. 93-415, title V, Sec. 511, Sept. 7, 1974,

88 Stat. 1138; amended Pub. L. 94-233, Sec. 11, Mar. 15, 1976, 90

Stat. 233, related to parole for juvenile delinquents.

EFFECTIVE DATE OF REPEAL

Repeal effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of such repeal, with section to

remain in effect for five years as to an individual who committed

an offense or an act of juvenile delinquency before Nov. 1, 1987,

and as to a term of imprisonment during the period described in

section 235(a)(1)(B) of Pub. L. 98-473, see section 235(a)(1),

(b)(1)(D) of Pub. L. 98-473, set out as an Effective Date note

under section 3551 of this title.

-CITE-

18 USC Sec. 5042 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 403 - JUVENILE DELINQUENCY

-HEAD-

Sec. 5042. Revocation of probation

-STATUTE-

Any juvenile probationer shall be accorded notice and a hearing

with counsel before his probation can be revoked.

-SOURCE-

(Added Pub. L. 93-415, title V, Sec. 512, Sept. 7, 1974, 88 Stat.

1138; amended Pub. L. 98-473, title II, Sec. 214(c), Oct. 12, 1984,

98 Stat. 2014.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-473 struck out ''parole or'' before

''probation'' in section catchline and text, and struck out

''parolee or'' before ''probationer'' in text.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, with section as in effect prior to such amendment

to remain in effect for five years as and individual who committed

an offense or an act of juvenile delinquency before Nov. 1, 1987,

and as to a term of imprisonment during the period described in

section 235(a)(1)(B) of Pub. L. 98-473, see section 235(a)(1),

(b)(1)(D) of Pub. L. 98-473, set out as an Effective Date note

under section 3551 of this title.

-CITE-

18 USC PART V - IMMUNITY OF WITNESSES 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART V - IMMUNITY OF WITNESSES

.

-HEAD-

PART V - IMMUNITY OF WITNESSES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 7 section 2146; title 11

section 344; title 15 section 1312; title 31 section 3733.

-CITE-