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Title 18 — Crimes and Criminal Procedure

Part IV · Chapter 401 — General Provisions

§ 5001. Surrender to State authorities; expenses

Statutory text

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.”

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 5001

    June 25, 1948, ch. 645, 62 Stat. 857

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 857

  2. Anti-Drug Abuse Amendments Act of 1988

    Pub. L. 100–690 title VI § 6467(b) · 102 Stat. 4181

    Inserted · 18 U.S.C. § 5001

    Pub. L. 100–690 inserted “, unless such surrender is precluded under section 5032 of this title” before period at end of first par

    Source evidence

    Code amendment note
    Pub. L. 100–690 inserted “, unless such surrender is precluded under section 5032 of this title” before period at end of first par.

    Enacted provision · exact public law section
    (b) Surrender to State Authorities.— The first undesignated paragraph of section 5001 of title 18, United States Code, is amended by inserting before the period at the end thereof the following: “, unless such surrender is precluded under section 5032 of this title”.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

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.

Credits

1948–1988 · 2 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 857
  2. 1988Pub. L. 100–690, title VI, § 6467(b), , 102 Stat. 4376.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 100–690, title VI, § 6467(b), , 102 Stat. 4376.)

Parsed from the official OLRC USLM XML in data/usc_all/usc18.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t18/s5001