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Title 18 — Crimes and Criminal Procedure

Part IV · Chapter 403 — Juvenile Delinquency

§ 5035. Detention prior to disposition

Statutory text

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.

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. § 5035

    June 25, 1948, ch. 645, 62 Stat. 858

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 858

  2. Juvenile Justice and Delinquency Prevention Act of 1974

    Pub. L. 93–415 title V § 505 · [88 Stat. 1109]

    1. Amended · 18 U.S.C. § 5035

      Pub. L. 93–415 amended section generally

    2. Substituted · 18 U.S.C. § 5035

      Pub. L. 93–415 substituting “Detention prior to disposition”, for “Arrest, detention and bail” in section catchline

    3. Struck · 18 U.S.C. § 5035

      Pub. L. 93–415 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

    4. Inserted · 18 U.S.C. § 5035

      Pub. L. 93–415 inserting provisions relating to mandatory separation of juvenile from adjudicated delinquents, and provisions relating to the physical conditions of confining facility

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 505. detention Section 5035 of this title is amended to read as follows: “§ 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.”

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

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, , 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, , 132 Stat. 5152.

Credits

1948–1974 · 2 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 858
  2. 1974Pub. L. 93–415, title V, § 505, , 88 Stat. 1135.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93–415, title V, § 505, , 88 Stat. 1135.)

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/s5035