18 U.S.C. § 5001: Surrender to State…

Summary

A U.S. attorney can decide not to prosecute a person under 21 years of age arrested for a federal or D.C. crime and instead turn that young person over to a State or the District of Columbia if the Justice Department finds the State/D.C. will take custody and it is in the best interest of both the United States and the youth, unless section 5032 prevents the surrender. A U.S. marshal must transport the person on the U.S. attorney’s written order and deliver them to the proper State or D.C. authority. Before moving someone across State lines or to/from D.C., the youth must agree, or the receiving State/D.C. executive must demand return with an indictment or affidavit as required by section 3182. Transportation costs come from the appropriation “Salaries, Fees, and Expenses, United States Marshals.”

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