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18 U.S.C. § 5035 — Detention prior to disposition

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 5035 — Detention prior to disposition

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.

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Source location: Title 18, Chapter 403, § 5035; chapter-403-juvenile-delinquency.md

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 11314 — Grants for tribal delinquency prevention and response programs

**(a) In general** The Administrator shall make grants under this section, on a competitive basis, to eligible Indian Tribes (or consortia of Indian Tribes) as described in subsection (b)— (1) to support and enhance— (A) tribal juvenile delinquency prevention services; and (B) the ability of Indian Tribes to respond to, and care for, at-risk or delinquent youth upon release; and (2) to encourage accountability of Indian tribal governments with respect to preventing juvenile delinquency, and responding to, and caring for, juvenile offenders. **(b) Eligible Indian Tribes** To be eligible to receive a grant under this section, an Indian Tribe or consortium of Indian Tribes shall submit to the Administrator an application in such form as the Administrator may require. **(c) Considerations** In providing grants under this section, the Administrator shall take into consideration, with respect to the Indian Tribe to be served, the— (1) juvenile delinquency rates; (2) school dropout rates; and (3) number of youth at risk of delinquency. **(d) Availability of funds** Of the amount available for a fiscal year to carry out this subchapter, 11 percent shall be available to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 5035 — Detention prior to disposition

Page 950 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 5034 (June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415, title V, § 503, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 922, 923 (June 16, 1938, ch. 486, §§ 2, 3, 52 Stat. 765). This section consolidates said section 923, and the final sentence of said section 922, of title 18, U.S.C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation. This revised section and section 5032 of this title were rewritten to make clear the legislative intent that a ju- venile delinquency proceeding shall result in the adju- dication of a status rather than the conviction of a crime. The other provisions of said section 922 are incor- porated in section 5032 of this title. Editorial Notes AMENDMENTS 1974—Pub. L. 93–415 amended section generally, sub- stituting ‘‘Custody prior to appearance before mag- istrate’’, for ‘‘Jurisdiction; written consent; jury trial precluded’’ in section catchline, and substituting provi- sions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provi- sions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in catchline and wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judi- cial Procedure. REPEALS Pub. L. 93–415, title V, § 503, Sept. 7, 1974, 88 Stat. 1135,

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