§5037 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

When a court finds a young person delinquent, it must hold a hearing about the sentence no later than 20 court days after that finding unless the court orders a study. After that hearing, and after looking at any Sentencing Commission policy statements under 28 U.S.C. 994, the court can suspend the finding, put the juvenile on probation, send the juvenile to official detention (and can order juvenile delinquent supervision after detention), or order restitution under section 3556. Rules about release or detention during an appeal follow chapter 207. Probation time limits depend on age: if under 18, probation cannot go past the juvenile’s 21st birthday or past the maximum term that section 3561(c) would allow if tried as an adult, whichever is shorter; if 18–21, probation cannot exceed the lesser of three years or the maximum under section 3561(c). Time in official detention also has age-based caps: if under 18, detention cannot go past the juvenile’s 21st birthday, the guideline maximum under 28 U.S.C. 994 (unless an aggravating factor allows a higher sentence), or the adult maximum, whichever is least; if 18–21 and the offense would be a Class A, B, or C felony as an adult, detention cannot exceed the lesser of five years or the guideline maximum (with the same aggravating-factor rule); in other 18–21 cases, detention cannot exceed the lesser of three years, the guideline maximum, or the adult maximum. The court may set juvenile delinquent supervision after detention. Supervision cannot go past age 21 for those under 18, and for 18–21-year-olds it cannot extend beyond the applicable detention cap minus the detention already served. Sections 3563 and 3564 apply to supervision, the court can change supervision conditions before it ends, and if supervision is violated the court can revoke it and order detention within the same caps. If a juvenile is over 21 at revocation, section 3565(b) applies; for juveniles over 21 at disposition, detention may not continue past the 26th birthday for Class A–C offenses, or past the 24th birthday in other cases. If the court wants more information about an alleged or adjudicated juvenile, it can, after notice and a hearing with counsel, send the juvenile to the Attorney General for observation and study. The study is outpatient unless the court says inpatient is needed; for an alleged juvenile, inpatient study needs the juvenile’s and attorney’s consent. The agency must check personal traits, abilities, background, past delinquency or crime, any mental or physical problems, and other relevant facts. The Attorney General must give the written results to the court and to the juvenile’s and government’s lawyers within 30 days, unless the court allows more time.

Title 18, §5037

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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.

(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;

(iii)the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult.

(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 section 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 18,11 So in original. Probably should be “title 28,”. 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 section 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.

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 927 (June 16, 1938, ch. 486, § 7, 52 Stat. 766). Reference to section establishing the Board of Parole was omitted as unnecessary. Minor changes were made in phraseology.

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–273, § 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, § 12301(2), added concluding provisions and struck out former concluding provisions which read as follows: “The provisions dealing with probation set forth in section 3563, 3564, and 3565 are applicable to an order placing a juvenile on probation.” Subsec. (c)(1)(B), (C). Pub. L. 107–273, § 12301(3), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (c)(2)(A). Pub. L. 107–273, § 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, § 12301(5), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsecs. (d), (e). Pub. L. 107–273, § 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, § 21(a)(1), substituted “subsection (d)” for “subsection (e)”. Subsec. (c). Pub. L. 99–646, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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 Pub. L. 99–646, § 21(b), Nov. 10, 1986, 100 Stat. 3597, 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 AmendmentAmendment 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.

Repeals

Pub. L. 93–415, title V, § 507, Sept. 7, 1974, 88 Stat. 1136, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.

§5037 Dispositional hearing

Summary

Title 18, §5037

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Amendments

Effective Date

Effective Date

Repeals

Citations & Metadata