Title 18 — Crimes and Criminal ProcedureRelease 119-73not60
§5036 Speedy Trial
Title 18 › Part IV— CORRECTION OF YOUTHFUL OFFENDERS › Chapter 403— JUVENILE DELINQUENCY › § 5036
Summary
Detained youth not tried within 30 days: charges dismissed on youth’s motion or court order unless Attorney General proves youth or counsel caused or agreed to delay or needed it for justice; court congestion never qualifies; except in extraordinary cases dismissed charges cannot be reinstituted.
Full Legal Text
Title 18, §5036
Crimes and Criminal Procedure — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 926 (June 16, 1938, ch. 486, § 6, 52 Stat. 766). The words “foster homes” were inserted to remove any doubt as to the authority to commit to such foster homes in accordance with past and present administrative practice.
Editorial Notes
Amendments
1974—Pub. L. 93–415 amended section generally, substituting “Speedy trial” for “Contracts for support; payment” in section catchline, and substituting provisions relating to dismissal of information due to delay, for provisions relating to contracts with public or private agencies for custody and care of juvenile delinquents.
Statutory Notes and Related Subsidiaries
Repeals
Pub. L. 93–415, title V, § 506, Sept. 7, 1974, 88 Stat. 1136, cited as a credit to this section, was repealed by Pub.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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 5036
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60