§ 5037. — Dispositional hearing.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC5037]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART IV--CORRECTION OF YOUTHFUL OFFENDERS
CHAPTER 403--JUVENILE DELINQUENCY
Sec. 5037. Dispositional hearing
(a) If the court finds a juvenile to be a juvenile delinquent, the
court shall hold a disposition hearing concerning the appropriate
disposition no later than twenty court days after the juvenile
delinquency hearing unless the court has ordered further study pursuant
to subsection (d). After the disposition hearing, and after considering
any pertinent policy statements promulgated by the Sentencing Commission
pursuant to 28 U.S.C. 994, the court may suspend the findings of
juvenile delinquency, place him on probation, or commit him to official
detention which may include a term of juvenile delinquent supervision to
follow detention. In addition, the court may enter an order of
restitution pursuant to section 3556. With respect to release or
detention pending an appeal or a petition for a writ of certiorari after
disposition, the court shall proceed pursuant to the provisions of
chapter 207.
(b) The term for which probation may be ordered for a juvenile found
to be a juvenile delinquent may not extend--
(1) in the case of a juvenile who is less than eighteen years
old, beyond the lesser of--
(A) the date when the juvenile becomes twenty-one years old;
or
(B) the maximum term that would be authorized by section
3561(c) if the juvenile had been tried and convicted as an
adult; or
(2) in the case of a juvenile who is between eighteen and
twenty-one years old, beyond the lesser of--
(A) three years; or
(B) the maximum term that would be authorized by section
3561(c) if the juvenile had been tried and convicted as an
adult.
The provisions dealing with probation set forth in sections 3563 and
3564 are applicable to an order placing a juvenile on probation. If the
juvenile violates a condition of probation at any time prior to the
expiration or termination of the term of probation, the court may, after
a dispositional hearing and after considering any pertinent policy
statements promulgated by the Sentencing Commission pursuant to section
994 of title 28, revoke the term of probation and order a term of
official detention. The term of official detention authorized upon
revocation of probation shall not exceed the terms authorized in section
5037(c)(2)(A) and (B). The application of sections 5037(c)(2)(A) and (B)
shall be determined based upon the age of the juvenile at the time of
the disposition of the revocation proceeding. If a juvenile is over the
age of 21 years old at the time of the revocation proceeding, the
mandatory revocation provisions of section 3565(b) are applicable. A
disposition of a juvenile who is over the age of 21 years shall be in
accordance with the provisions of section 5037(c)(2), except that in the
case of a juvenile who if convicted as an adult would be convicted of a
Class A, B, or C felony, no term of official detention may continue
beyond the juvenile's 26th birthday, and in any other case, no term of
official detention may continue beyond the juvenile's 24th birthday. A
term of official detention may include a term of juvenile delinquent
supervision.
(c) The term for which official detention may be ordered for a
juvenile found to be a juvenile delinquent may not extend--
(1) in the case of a juvenile who is less than eighteen years
old, beyond the lesser of--
(A) the date when the juvenile becomes twenty-one years old;
(B) the maximum of the guideline range, pursuant to section
994 of title 28, applicable to an otherwise similarly situated
adult defendant unless the court finds an aggravating factor to
warrant an upward departure from the otherwise applicable
guideline range; or
(C) the maximum term of imprisonment that would be
authorized if the juvenile had been tried and convicted as an
adult; or
(2) in the case of a juvenile who is between eighteen and
twenty-one years old--
(A) who if convicted as an adult would be convicted of a
Class A, B, or C felony, beyond the lesser of--
(i) five years; or
(ii) the maximum of the guideline range, pursuant to
section 994 of title 28, applicable to an otherwise
similarly situated adult defendant unless the court finds an
aggravating factor to warrant an upward departure from the
otherwise applicable guideline range; or
(B) in any other case beyond the lesser of--
(i) three years;
(ii) the maximum of the guideline range, pursuant to
section 994 of title 28, applicable to an otherwise
similarly situated adult defendant unless the court finds an
aggravating factor to warrant an upward departure from the
otherwise applicable guideline range; or
(iii) the maximum term of imprisonment that would be
authorized if the juvenile had been tried and convicted as
an adult.
Section 3624 is applicable to an order placing a juvenile under
detention.
(d)(1) The court, in ordering a term of official detention, may
include the requirement that the juvenile be placed on a term of
juvenile delinquent supervision after official detention.
(2) The term of juvenile delinquent supervision that may be ordered
for a juvenile found to be a juvenile delinquent may not extend--
(A) in the case of a juvenile who is less than 18 years old, a
term that extends beyond the date when the juvenile becomes 21 years
old; or
(B) in the case of a juvenile who is between 18 and 21 years
old, a term that extends beyond the maximum term of official
detention set forth in section 5037(c)(2)(A) and (B), less the term
of official detention ordered.
(3) The provisions dealing with probation set forth in sections 3563
and 3564 are applicable to an order placing a juvenile on juvenile
delinquent supervision.
(4) The court may modify, reduce, or enlarge the conditions of
juvenile delinquent supervision at any time prior to the expiration or
termination of the term of supervision after a dispositional hearing and
after consideration of the provisions of section 3563 regarding the
initial setting of the conditions of probation.
(5) If the juvenile violates a condition of juvenile delinquent
supervision at any time prior to the expiration or termination of the
term of supervision, the court may, after a dispositional hearing and
after considering any pertinent policy statements promulgated by the
Sentencing Commission pursuant to section 994 of title 18,\1\ revoke the
term of supervision and order a term of official detention. The term of
official detention which is authorized upon revocation of juvenile
delinquent supervision shall not exceed the term authorized in section
5037(c)(2)(A) and (B), less any term of official detention previously
ordered. The application of sections 5037(c)(2)(A) and (B) shall be
determined based upon the age of the juvenile at the time of the
disposition of the revocation proceeding. If a juvenile is over the age
of 21 years old at the time of the revocation proceeding, the mandatory
revocation provisions of section 3565(b) are applicable. A disposition
of a juvenile who is over the age of 21 years old shall be in accordance
with the provisions of section 5037(c)(2), except that in the case of a
juvenile who if convicted as an adult would be convicted of a Class A,
B, or C felony, no term of official detention may continue beyond the
juvenile's 26th birthday, and in any other case, no term of official
detention may continue beyond the juvenile's 24th birthday.
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\1\ So in original. Probably should be ``title 28,''.
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(6) When a term of juvenile delinquent supervision is revoked and
the juvenile is committed to official detention, the court may include a
requirement that the juvenile be placed on a term of juvenile delinquent
supervision. Any term of juvenile delinquent supervision ordered
following revocation for a juvenile who is over the age of 21 years old
at the time of the revocation proceeding shall be in accordance with the
provisions of section 5037(d)(1), except that in the case of a juvenile
who if convicted as an adult would be convicted of a Class A, B, or C
felony, no term of juvenile delinquent supervision may continue beyond
the juvenile's 26th birthday, and in any other case, no term of juvenile
delinquent supervision may continue beyond the juvenile's 24th birthday.
(e) If the court desires more detailed information concerning an
alleged or adjudicated delinquent, it may commit him, after notice and
hearing at which the juvenile is represented by counsel, to the custody
of the Attorney General for observation and study by an appropriate
agency. Such observation and study shall be conducted on an out-patient
basis, unless the court determines that inpatient observation and study
are necessary to obtain the desired information. In the case of an
alleged juvenile delinquent, inpatient study may be ordered only with
the consent of the juvenile and his attorney. The agency shall make a
complete study of the alleged or adjudicated delinquent to ascertain his
personal traits, his capabilities, his background, any previous
delinquency or criminal experience, any mental or physical defect, and
any other relevant factors. The Attorney General shall submit to the
court and the attorneys for the juvenile and the Government the results
of the study within thirty days after the commitment of the juvenile,
unless the court grants additional time.
(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93-415, title V,
Sec. 507, Sept. 7, 1974, 88 Stat. 1136; Pub. L. 98-473, title II,
Sec. 214(a), Oct. 12, 1984, 98 Stat. 2013; Pub. L. 99-646, Sec. 21(a),
Nov. 10, 1986, 100 Stat. 3596; Pub. L. 104-294, title VI,
Sec. 604(b)(40), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 107-273, div. C,
title II, Sec. 12301, Nov. 2, 2002, 116 Stat. 1896.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 927 (June 16, 1938, ch.
486, Sec. 7, 52 Stat. 766).
Reference to section establishing the Board of Parole was omitted as
unnecessary.
Minor changes were made in phraseology.
Amendments
2002--Subsec. (a). Pub. L. 107-273, Sec. 12301(1), in second
sentence, struck out ``enter an order of restitution pursuant to section
3556,'' after ``findings of juvenile delinquency,'' and inserted ``which
may include a term of juvenile delinquent supervision to follow
detention'' after ``official detention'', and inserted after second
sentence ``In addition, the court may enter an order of restitution
pursuant to section 3556.''
Subsec. (b). Pub. L. 107-273, Sec. 12301(2), added concluding
provisions and struck out former concluding provisions which read as
follows: ``The provisions dealing with probation set forth in sections
3563, 3564, and 3565 are applicable to an order placing a juvenile on
probation.''
Subsec. (c)(1)(B), (C). Pub. L. 107-273, Sec. 12301(3), added
subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (c)(2)(A). Pub. L. 107-273, Sec. 12301(4), substituted ``the
lesser of--
``(i) five years; or
``(ii) the maximum of the guideline range, pursuant to section
994 of title 28, applicable to an otherwise similarly situated adult
defendant unless the court finds an aggravating factor to warrant an
upward departure from the otherwise applicable guideline range; or''
for ``five years; or''.
Subsec. (c)(2)(B)(ii), (iii). Pub. L. 107-273, Sec. 12301(5), added
cl. (ii) and redesignated former cl. (ii) as (iii).
Subsecs. (d), (e). Pub. L. 107-273, Sec. 12301(6), (7), added
subsec. (d) and redesignated former subsec. (d) as (e).
1996--Subsec. (b)(1)(B), (2)(B). Pub. L. 104-294 substituted
``section 3561(c)'' for ``section 3561(b)''.
1986--Subsec. (a). Pub. L. 99-646, Sec. 21(a)(1), substituted
``subsection (d)'' for ``subsection (e)''.
Subsec. (c). Pub. L. 99-646, Sec. 21(a)(2)-(4), struck out ``by
section 3581(b)'' after ``would be authorized'' in pars. (1)(B) and
(2)(B)(ii), and inserted provision that section 3624 is applicable to an
order placing a juvenile under detention.
1984--Pub. L. 98-473 substituted subsecs. (a) to (c) for former
subsecs. (a) and (b) and redesignated former subsec. (c) as (d). Prior
to amendment, subsecs. (a) and (b) read as follows:
``(a) If a juvenile is adjudicated delinquent, a separate
dispositional hearing shall be held no later than twenty court days
after trial unless the court has ordered further study in accordance
with subsection (c). Copies of the presentence report shall be provided
to the attorneys for both the juvenile and the Government a reasonable
time in advance of the hearing.
``(b) The court may suspend the adjudication of delinquency or the
disposition of the delinquent on such conditions as it deems proper,
place him on probation, or commit him to the custody of the Attorney
General. Probation, commitment, or commitment in accordance with
subsection (c) shall not extend beyond the juvenile's twenty-first
birthday or the maximum term which could have been imposed on an adult
convicted of the same offense, whichever is sooner, unless the juvenile
has attained his nineteenth birthday at the time of disposition, in
which case probation, commitment, or commitment in accordance with
subsection (c) shall not exceed the lesser of two years or the maximum
term which could have been imposed on an adult convicted of the same
offense.''
1974--Pub. L. 93-415 amended section generally, substituting
``Dispositional hearing'' for ``Parole'' in section catchline and
striking out provisions relating to parole.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
Effective Date of 1986 Amendment
Section 21(b) of Pub. L. 99-646 provided that: ``The amendments made
by this section [amending this section] shall take effect on the date
the amendments made by such section 214 [of Pub. L. 98-473] take effect
[Nov. 1, 1987].''
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of this title.
Section Referred to in Other Sections
This section is referred to in sections 5032, 5038 of this title.
