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18 U.S.C. § 5001 — Surrender to State authorities; expenses
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5032&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_b4b1ebd96d223b4542609c58
Source file: Laws/federal/codes/united-states-code/title-18/section-5001-surrender-to-state-authorities-expenses--2f501c9653.md
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Passage SHA-256: 57ee1085e9725d5b8675ed86e96c27ce8558829210dfb3da434ddf2e13e549a7
Source location: Title 18, Chapter 401, § 5001; chapter-401-general-provisions.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5032&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
A juvenile alleged to have committed an act of juvenile delinquency, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months, shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court of the United States that (1) the juvenile court or other appropriate court of a State does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an offense described in section 401 of the Controlled Substances Act ([21 U.S.C. 841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841&num=0&edition=prelim)), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act ([21 U.S.C. 952(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section952/a&num=0&edition=prelim), 953, 955, 959, 960(b)(1), (2), (3)), section 922(x) or section 924(b), (g), or (h) of this title, and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.
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Federal law — U.S. Code and appendices · legal_authorities
Page 945
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 5003
1 See References in Text note below.
Sec.
[5002.
Repealed.]
5003.
Custody of State offenders.
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–134, title I, § 101[(a)] [title VI,
§ 614(a)(2)], Apr. 26, 1996, 110 Stat. 1321, 1321–65; renum-
bered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat.
1327, struck out item 5002 ‘‘Advisory Corrections Coun-
cil’’.
1952—Act May 9, 1952, ch. 253, § 2, 66 Stat. 68, added
item 5003.
1950—Act Sept. 30, 1950, ch. 1115, § 5(b), 64 Stat. 1090,
added item 5002.
§ 5001. Surrender to State authorities; expenses
Whenever any person under twenty-one years
of age has been arrested, charged with the com-
mission 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 com-
mitted 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 attor-
ney 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
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 5001
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