§5001 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If someone under 21 is arrested on a federal charge and the Department of Justice finds the same act can be handled by a State or the District of Columbia, and the State or D.C. will take custody and it is in the best interest of both the United States and the young person, the U.S. attorney can choose not to prosecute and instead turn the young person over to that State or D.C., unless section 5032 bars that transfer. The U.S. marshal, on a written order from the U.S. attorney, must take the young person to the State or to another part of the District of Columbia and give them to the proper authority. Before moving someone between States or to/from D.C., the youth must agree to the return or the receiving State or D.C. must send a demand backed by an indictment or affidavit as required by section 3182. The travel cost is paid from the United States Marshals’ salaries, fees, and expenses appropriation.

Title 18, §5001

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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.”

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 662a (June 11, 1932, ch. 243, 47 Stat. 301). Language preceding “Whenever” was omitted as unnecessary, and “the District of Columbia” was inserted after “State”. Changes were made in phraseology and surplusage eliminated.

Editorial Notes

Amendments

1988—Pub. L. 100–690 inserted “, unless such surrender is precluded under section 5032 of this title” before period at end of first par.

§5001 Surrender to State authorities; expenses