§ 5001. — Surrender to State authorities; expenses.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC5001]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART IV--CORRECTION OF YOUTHFUL OFFENDERS
CHAPTER 401--GENERAL PROVISIONS
Sec. 5001. Surrender to State authorities; expenses
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.''
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 100-690, title VI,
Sec. 6467(b), Nov. 18, 1988, 102 Stat. 4376.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 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.
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.
