§ 5035. — Detention prior to disposition.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC5035]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART IV--CORRECTION OF YOUTHFUL OFFENDERS
CHAPTER 403--JUVENILE DELINQUENCY
Sec. 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.
(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93-415, title V,
Sec. 505, Sept. 7, 1974, 88 Stat. 1135.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 925 (June 16, 1938, ch.
486, Sec. 5, 52, Stat. 765).
Minor changes were made in arrangement and phraseology.
Codification
Another section 505 of Pub. L. 93-415, as added by Pub. L. 107-273,
div. C, title II, Sec. 12222(a), Nov. 2, 2002, 116 Stat. 1896, is
classified to section 5784 of Title 42, The Public Health and Welfare.
Another section 505 of title V of Pub. L. 93-415, as added by Pub.
L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5028, was classified to
section 5784 of Title 42, The Public Health and Welfare, prior to the
general amendment of that title V by Pub. L. 107-273.
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.
