§5035 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Juveniles accused of being delinquent may be held only in juvenile facilities or other suitable places the Attorney General approves, and when possible must be placed in foster homes or local community-based centers; they must not be kept where they have regular contact with adult prisoners or adults awaiting trial, and alleged delinquents must be kept separate from juveniles already found delinquent, as much as possible. Every juvenile in custody must get adequate food, heat, light, clean sanitary facilities, bedding, clothing, opportunities for recreation and education, and medical care, including necessary psychiatric or psychological treatment.

Title 18, §5035

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 925 (June 16, 1938, ch. 486, § 5, 52, Stat. 765). Minor changes were made in arrangement and phraseology.

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Repeals

Pub. L. 93–415, title V, § 505, Sept. 7, 1974, 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.

§5035 Detention Prior to Disposition