TITLE 18 - US CODE - PART IV - CORRECTION OF YOUTHFUL OFFENDERS

TITLE 18 - US CODE - CHAPTER 401 - GENERAL PROVISIONS

18 USC 5001 - Surrender to State authorities; expenses

Whenever any person under twenty-one years of age has been arrested, charged with the commission of an offense punishable in any court of the United States or of the District of Columbia, and, after investigation by the Department of Justice, it appears that such person has committed an offense or is a delinquent under the laws of any State or of the District of Columbia which can and will assume jurisdiction over such juvenile and will take him into custody and deal with him according to the laws of such State or of the District of Columbia, and that it will be to the best interest of the United States and of the juvenile offender, the United States attorney of the district in which such person has been arrested may forego his prosecution and surrender him as herein provided, unless such surrender is precluded under section 5032 of this title. The United States marshal of such district upon written order of the United States attorney shall convey such person to such State or the District of Columbia, or, if already therein, to any other part thereof and deliver him into the custody of the proper authority thereof. Before any person is conveyed from one State to another or from or to the District of Columbia under this section, he shall signify his willingness to be so returned, or there shall be presented to the United States attorney a demand from the executive authority of such State or the District of Columbia, to which the prisoner is to be returned, supported by indictment or affidavit as prescribed by section 3182 of this title. The expense incident to the transportation of any such person, as herein authorized, shall be paid from the appropriation Salaries, Fees, and Expenses, United States Marshals.

18 USC 5002 - Repealed. Pub. L. 104134, title I, 101[(a)] [title VI, 614(a)(1)], Apr. 26, 1996, 110 Stat. 1321, 132165; renumbered title I, Pub. L. 104140, 1(a), May 2, 1996, 110 Stat. 1327]

Section, added act Sept. 30, 1950, ch. 1115, 4, 64 Stat. 1090; amended Oct. 12, 1984, Pub. L. 98–473, title II, § 223(p), 98 Stat. 2030, provided for creation of Advisory Corrections Council.

18 USC 5003 - Custody of State offenders

(a)

(1) The Director of the Bureau of Prisons when proper and adequate facilities and personnel are available may contract with proper officials of a State or territory, for the custody, care, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such State or territory.

(2) Any such contract shall provide

(A) for reimbursing the United States in full for all costs or expenses involved;

(B) for receiving in exchange persons convicted of criminal offenses in the courts of the United States, to serve their sentence in appropriate institutions or facilities of the State or territory by designation as provided in section 4082 (b)1 of this title, this exchange to be made according to formulas or conditions which may be negotiated in the contract; or

(C) for compensating the United States by means of a combination of monetary payment and of receipt of persons convicted of criminal offenses in the courts of the United States, according to formulas or conditions which may be negotiated in the contract.

(3) No such contract shall provide for the receipt of more State or territory prisoners by the United States than are transferred to that State or territory by such contract.

(b) Funds received under such contract may be deposited in the Treasury to the credit of the appropriation or appropriations from which the payments for such service were originally made.

(c) Unless otherwise specifically provided in the contract, a person committed to the Attorney General hereunder shall be subject to all the provisions of law and regulations applicable to persons committed for violations of laws of the United States not inconsistent with the sentence imposed.

(d) The term State as used in this section includes any State, territory, or possession of the United States, and the Canal Zone.

[1] See References in Text note below.

[CHAPTER 402 - REPEALED]

5005, 5006. Repealed. Pub. L. 98473, title II, 218(a)(8), Oct. 12, 1984, 98 Stat. 2027]

Section 5005, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1086; amended Mar. 15, 1976, Pub. L. 94–233, § 3, 90 Stat. 231, related to the making of youth correction decisions by United States Parole Commission. Section 5006, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1086; amended Mar. 15, 1976, Pub. L. 94–233, § 4, 90 Stat. 231, defined terms for the purpose of this chapter.

5007 to 5009. Repealed Pub. L. 94233, 5, Mar. 15, 1976, 90 Stat. 231]

Section 5007, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1086, provided for meetings and duties of members of Youth Correction Division. Section 5008, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1086, provided for appointment of officers and employees by Attorney General. Section 5009, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1086, provided for adoption and promulgation of rules governing procedure by Youth Correction Division.

5010 to 5026. Repealed. Pub. L. 98473, title II, 218(a)(8), Oct. 12, 1984, 98 Stat. 2027]

Section 5010, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1087; amended Mar. 15, 1976, Pub. L. 94–233, § 9, 90 Stat. 232, provided for imposition of a suspended sentence or sentence to custody of the Attorney General in the case of youth offenders. Section 5011, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1087, provided for treatment of youth offenders. Section 5012, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1087, provided for Directors certification of the availability of proper and adequate treatment facilities for youth offenders. Section 5013, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1087, authorized Director of Bureau of Prisons to contract for maintenance of youth offenders. Section 5014, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1087; amended July 17, 1970, Pub. L. 91–339, § 1, 84 Stat. 437; Mar. 15, 1976, Pub. L. 94–233, § 6, 90 Stat. 231, related to classification studies and reports. Section 5015, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1088; amended Mar. 15, 1976, Pub. L. 94–233, § 9, 90 Stat. 232, related to powers of Director as to placement of youth offenders. Section 5016, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1088; amended Mar. 15, 1976, Pub. L. 94–233, § 9, 90 Stat. 232, related to periodic reports which the Director was required to make on all committed youth offenders. Section 5017, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1088; amended Mar. 15, 1976, Pub. L. 94–233, § 7, 9, 90 Stat. 232, related to release of youth offenders. Section 5018, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1089; amended Mar. 15, 1976, Pub. L. 94–233, § 9, 90 Stat. 232, related to revocation of Commission orders. Section 5019, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1089; amended Mar. 15, 1976, Pub. L. 94–233, § 9, 90 Stat. 232, related to supervision of released youth offenders. Section 5020, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1089; amended July 17, 1970, Pub. L. 91–339, § 2, 84 Stat. 437; Mar. 15, 1976, Pub. L. 94–233, § 8, 90 Stat. 232, related to apprehension of released youth offenders. Section 5021, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1089; amended Oct. 3, 1961, Pub. L. 87–336, 75 Stat. 750; Mar. 15, 1976, Pub. L. 94–233, § 9, 90 Stat. 232, related to issuance of certificates setting aside convictions of youth offenders. Section 5022, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1089, provided that this chapter would not apply to offenses committed before its enactment (Sept. 30, 1950). Section 5023, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1089; amended Apr. 8, 1952, ch. 163, 1, 66 Stat. 45, related to relationship between this chapter and Probation and Juvenile Delinquency Acts. Section 5024, added act Sept. 30, 1950, ch. 1115, 2, 64 Stat. 1089; amended Apr. 8, 1952, ch. 163, 2, 66 Stat. 45; June 25, 1959, Pub. L. 86–70, § 17(a), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, § 13(b), 74 Stat. 413; Dec. 27, 1967, Pub. L. 90–226, title VIII, § 801(a), 81 Stat. 741, provided that this chapter was applicable to States of the United States and to District of Columbia. Section 5025, added act Apr. 8, 1952, ch. 163, 3(a), 66 Stat. 46; amended Dec. 27, 1967, Pub. L. 90–226, title VIII, § 801(b), 81 Stat. 741, related to applicability of this chapter to District of Columbia. Section 5026, added act Apr. 8, 1952, ch. 163, 3(a), 66 Stat. 46, provided that this chapter did not affect parole of other offenders.

TITLE 18 - US CODE - CHAPTER 403 - JUVENILE DELINQUENCY

18 USC 5031 - Definitions

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).

18 USC 5032 - Delinquency proceedings in district courts; transfer for criminal prosecution

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 juveniles prior delinquency record; the juveniles present intellectual development and psychological maturity; the nature of past treatment efforts and the juveniles response to such efforts; the availability of programs designed to treat the juveniles 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 juveniles 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 juveniles official record.

18 USC 5033 - Custody prior to appearance before magistrate judge

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 juveniles 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.

18 USC 5034 - Duties of magistrate judge

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 attorneys 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.

18 USC 5035 - Detention prior to disposition

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.

18 USC 5036 - Speedy trial

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.

18 USC 5037 - Dispositional hearing

(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 juveniles 26th birthday, and in any other case, no term of official detention may continue beyond the juveniles 24th birthday. A term of official detention may include a term of juvenile delinquent supervision.

(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;

(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,^[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 juveniles 26th birthday, and in any other case, no term of official detention may continue beyond the juveniles 24th birthday.

(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 juveniles 26th birthday, and in any other case, no term of juvenile delinquent supervision may continue beyond the juveniles 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.

[1] So in original. Probably should be “title 28,”.

18 USC 5038 - Use of juvenile records

(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.

18 USC 5039 - Commitment

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.

18 USC 5040 - Support

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.

18 USC 5041 - Repealed. Pub. L. 98473, title II, 214(b), Oct. 12, 1984, 98 Stat. 2014]

Section, added Pub. L. 93–415, title V, § 511, Sept. 7, 1974, 88 Stat. 1138; amended Pub. L. 94–233, § 11, Mar. 15, 1976, 90 Stat. 233, related to parole for juvenile delinquents.

18 USC 5042 - Revocation of probation

Any juvenile probationer shall be accorded notice and a hearing with counsel before his probation can be revoked.