U.S. Code » Title 18 » Part PART IV— CORRECTION OF YOUTHFUL OFFENDERS › Chapter CHAPTER 403— JUVENILE DELINQUENCY

18 U.S.C. § 5034

Duties of magistrate judge

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The magistrate judge shall insure that the juvenile is represented by counsel before proceeding with critical stages of the proceedings. Counsel shall be assigned to represent a juvenile when the juvenile and his parents, guardian, or custodian are financially unable to obtain adequate representation. In cases where the juvenile and his parents, guardian, or custodian are financially able to obtain adequate representation but have not retained counsel, the magistrate judge may assign counsel and order the payment of reasonable attorney’s fees or may direct the juvenile, his parents, guardian, or custodian to retain private counsel within a specified period of time.

The magistrate judge may appoint a guardian ad litem if a parent or guardian of the juvenile is not present, or if the magistrate judge has reason to believe that the parents or guardian will not cooperate with the juvenile in preparing for trial, or that the interests of the parents or guardian and those of the juvenile are adverse.

If the juvenile has not been discharged before his initial appearance before the magistrate judge, the magistrate judge shall release the juvenile to his parents, guardian, custodian, or other responsible party (including, but not limited to, the director of a shelter-care facility) upon their promise to bring such juvenile before the appropriate court when requested by such court unless the magistrate judge determines, after hearing, at which the juvenile is represented by counsel, that the detention of such juvenile is required to secure his timely appearance before the appropriate court or to insure his safety or that of others.

Notes of Decisions
Cited in 37 cases, 1955–2018 · leading case: Reno v. Flores
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Reno v. Flores (1993) scotus · cites it 8× “Respondents also argue, in a footnote, that the INS release policy violates the "equal protection guarantee" of the Fifth Amendment because of the disparate treatment evident in (1) releasing alien juveniles with close relatives or legal guardians but detaining those without,…”
United States v. Richard Albert Jenkins (1974) ca2 · cites it 8× “Morrow was sentenced, pursuant to the penal section of the Federal Juvenile Delinquency Act, 18 U.S.C. § 5034 , to the custody of the Attorney General for the period of her *61 minority.”
Khalid v. Sessions (2018) ca2 · cites it 2× “Shortly thereafter, a federal district judge ordered Khalid's continuing detention at that facility pursuant to 18 U.S.C. §§ 5034 - 5035, which governs federal pretrial juvenile detention.”
United States v. Darrel Dwayne Youpee (1969) ca9 · cites it 3× “The judge thereupon committed Youpee to the custody of the United States Attorney General for purposes of observation and study for 60 days, pursuant to 18 U.S.C. § 5034 . At the hearing to determine the nature of the sentence, held on July 10, 1969, Youpee was represented by…”
United States v. Jane Doe (1980) ca9 · cites it 2× “Cases so holding were based not on section 5031, which defined juvenile status, but rather on section 5034 (codified as 18 U.S.C. § 5034 (1970)), which permitted a court to impose sentence on a juvenile only for the period of his minority.”
Nieves v. United States (1968) nysd · cites it 2× “§ 5033 (1964). Rehabilitation rather than punishment is envisioned for youths sentenced under the Act.”
United States v. Robert L. Pinkney (1976) cadc “§ 5010 (e); Juvenile Delinquency proceedings reports, 18 U.S.C. § 5034 ; reports on mental incompetency submitted prior to the imposition of sentence, 18 U.”
United States v. Steven Earl Shaver (1974) ca4 · cites it 6× “§ 1973bb, which declared the imposition of a voting age greater than eighteen to be a constitutional abridgement, has had the effect of redefining the term “minority” as used in 18 U.S.C. § 5034 . 1 *700 Consequently, he contends that the court’s sentence committing him to the…”
United States v. Female Juvenile, A.F.S. (2004) ca1 “18 U.S.C. § 5034 provides that where a juvenile has not been discharged before his initial appearance before the magistrate judge, the magistrate judge shall release the juvenile to his parents, guardian, custodian, or other responsible party .”
United States v. Gilbert M. Morgan (1977) cadc “1969) (commitment of juvenile delinquent for study of appropriate final sentence pursuant to 18 U.S.C. § 5034 as it existed before 1974 amendments).”
United States Ex Rel. Lois Sero v. Peter Preiser (1975) ca2 “” 18 U.S.C. § 5034 (1970). See also Harvin v.”
United States of America Ex Rel. Conrad A. Dancy v. Floyd E. Arnold, Warden United States Penitentiary Lewisburg, Pennsy (1978) ca3 “The two Acts are entirely consistent and express the same policy, the rehabilitation of young people who commit crimes and the protection of these young people from association with mature criminals.”
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