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.
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. 858Juvenile Justice and Delinquency Prevention Act of 1974
Pub. L. 93–415 title V § 505 · [88 Stat. 1109]
Amended · 18 U.S.C. § 5035
Pub. L. 93–415 amended section generally
Substituted · 18 U.S.C. § 5035
Pub. L. 93–415 substituting “Detention prior to disposition”, for “Arrest, detention and bail” in section catchline
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
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
- 1948June 25, 1948, ch. 645, 62 Stat. 858
- 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.)