§ 11311. Definitions

Footnotes

1. 1 So in original. The word “and” probably should not appear.

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. 2002

   Juvenile Justice and Delinquency Prevention Act of 1974

   Pub. L. 93–415 title V § 502 · [88 Stat. 1109]

   Enacted · 34 U.S.C. § 11311

   Pub. L. 93–415, title V, § 502, as added Pub. L. 107–273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 1894

   Source evidence

   Code source credit
   Pub. L. 93–415, title V, § 502, as added Pub. L. 107–273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 1894

   Enacted provision · exact public law section
   Sec. 502. delinquency proceedings in district courts Section 5032 of title 18, United States Code, is amended to read as follows: “§ 5032. Delinquency proceedings in district courts; transfer for criminal prosecution “A juvenile alleged to have committed an act of juvenile delinquency shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to an appropriate district court of the United States that the juvenile court or other appropriate court of a State (1) does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, or (2) does not have available programs and services adequate for the needs of juveniles. “If the Attorney General does not so certify, such juvenile shall be surrendered to the appropriate legal authorities of such State. “If an alleged juvenile delinquent is not surrendered to the authorities of a State or the District of Columbia pursuant to this section, any proceedings against him shall be in an appropriate district court of the United States. For such purposes, the court may be convened at any time and place within the district, in chambers or otherwise. The Attorney General shall proceed by information, and no criminal prosecution shall be instituted for the alleged act of juvenile delinquency except as provided below. “A juvenile who is alleged to have committed an act of juvenile delinquency and who is not surrendered to State authorities shall be proceeded against under this chapter unless he has requested in writing upon advice of counsel to be proceeded against as an adult, except that, with respect to a juvenile sixteen years and older alleged to have committed an act after his sixteenth birthday which if committed by an adult would be a felony punishable by a maximum penalty of ten years imprisonment or more, life imprisonment, or death, criminal prosecution on the basis of the alleged act may be begun by motion to transfer of the Attorney General in the appropriate district court of the United States, if such court finds, after nearing, such transfer would be in the interest of justice. “Evidence of the following factors shall be considered, and findings with regard to each factor shall be made in the record, in assessing whether a transfer would be in the interest of justice: the age and social background of the juvenile; the nature of the alleged offense; the extent and nature of the juvenile’s prior delinquency record; the juvenile’s present intellectual development and psychological maturity; the nature of past treatment efforts and the juvenile’s response to such efforts: the availability of programs designed to treat the juvenile’s behavioral problems. “Reasonable notice of the transfer hearing shall be given to the juvenile, his parents, guardian, or custodian and to his counsel. The juvenile shall be assisted by counsel during the transfer hearing, and at every other critical stage of the proceedings. “Once a juvenile has entered a plea of guilty or the proceeding has reached the stage that evidence has begun to be taken with respect to a crime or an alleged act of juvenile delinquency subsequent criminal prosecution or juvenile proceedings based upon such alleged act of delinquency shall be barred. “Statements made by a juvenile prior to or during a transfer hearing under this section shall not be admissible at subsequent criminal prosecutions.”

2. 2018

   Juvenile Justice Reform Act of 2018

   Pub. L. 115–385 title III § 302 · 132 Stat. 5123

   Amended · 34 U.S.C. § 11311

   Pub. L. 115–385 amended section generally. Prior to amendment, text read as follows: “In this subchapter, the term ‘State advisory group’ means the advisory group appointed by the chief executive officer of a State under a plan described in section 11133(a) of this title.”

   Source evidence

   Code amendment note
   Pub. L. 115–385 amended section generally. Prior to amendment, text read as follows: “In this subchapter, the term ‘State advisory group’ means the advisory group appointed by the chief executive officer of a State under a plan described in section 11133(a) of this title.”

   Enacted provision · exact public law section
   SEC. 302. DEFINITIONS.   Section 502 of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (34 U.S.C. 11281) is amended to read as follows: “SEC. 502. DEFINITIONS.   “In this title— “(1) the term ‘at-risk’ has the meaning given that term in section 1432 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6472); “(2) the term ‘eligible entity’ means— “(A) a unit of local government that is in compliance with the requirements of part B of title II; or “(B) a nonprofit organization in partnership with a unit of local government described in subparagraph (A); “(3) the term ‘delinquency prevention program’ means a delinquency prevention program that is evidence-based or promising and that may include— “(A) alcohol and substance abuse prevention or treatment services; “(B) tutoring and remedial education, especially in reading and mathematics; “(C) child and adolescent health and mental health services; “(D) recreation services; “(E) leadership and youth development activities; “(F) the teaching that individuals are and should be held accountable for their actions; “(G) assistance in the development of job training skills; “(H) youth mentoring programs; “(I) after-school programs; “(J) coordination of a continuum of services that may include— “(i) early childhood development services; “(ii) voluntary home visiting programs; “(iii) nurse-family partnership programs; “(iv) parenting skills training; “(v) child abuse prevention programs; “(vi) family stabilization programs; “(vii) child welfare services; “(viii) family violence intervention programs; “(ix) adoption assistance programs; “(x) emergency, transitional and permanent housing assistance; “(xi) job placement and retention training; “(xii) summer jobs programs; “(xiii) alternative school resources for youth who have dropped out of school or demonstrate chronic truancy; “(xiv) conflict resolution skill training; “(xv) restorative justice programs; “(xvi) mentoring programs; “(xvii) targeted gang prevention, intervention and exit services; “(xviii) training and education programs for pregnant teens and teen parents; and “(xix) pre-release, post-release, and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community; and “(K) other data-driven evidence-based or promising prevention programs; “(4) the term ‘local policy board’, when used with respect to an eligible entity, means a policy board that the eligible entity will engage in the development of the eligible entity’s plan described in section 504(e)(5), and that includes— “(A) not fewer than 15 and not more than 21 members; and “(B) a balanced representation of— “(i) public agencies and private nonprofit organizations serving juveniles and their families; and “(ii) business and industry; “(C) at least one representative of the faith community, one adjudicated youth, and one parent of an adjudicated youth; and “(D) in the case of an eligible entity described in paragraph (1)(B), a representative of the nonprofit organization of the eligible entity; “(5) the term ‘mentoring’ means matching 1 adult with 1 or more youths for the purpose of providing guidance, support, and encouragement through regularly scheduled meetings for not less than 9 months; “(6) the term ‘State advisory group’ means the advisory group appointed by the chief executive officer of a State under a plan described in section 223(a); and “(7) the term ‘State entity’ means the State agency designated under section 223(a)(1) or the entity receiving funds under section 223(d).” .

   Effective date note
   Amendment by Pub. L. 115–385 not applicable with respect to funds appropriated for any fiscal year that begins before Dec. 21, 2018, see section 3 of Pub. L. 115–385, set out as a note under section 11102 of this title.

2 of 2 references resolved to an enrolled provision