18 U.S.C. § 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.
Notes of Decisions
Cited in 43
cases (1 in the last 5 years), 1959–2023 · leading case: United States v. M.R.M.
United States v. M.R.M. (2008)
“Rehabilitation is one purpose of the FJDA, see 18 U.S.C. §§ 5035 , 5039, but it is not the only purpose served by adjudications of juvenile delinquency.”
United States v. Raymond Binet (1971)
“Similar admissions made by adults under the same circumstances and testified to at trial by government officers as part of the Government’s direct case would not have the same effect, but here we are charged with respecting the congressional purpose to protect juveniles against…”
United States v. RLC (1992)
“, 18 U. S. C. §§ 5035 , 5039. We do not think a broader congressional purpose points clearly in either party's direction.”
United States v. Ramsey (1973)
“That the statements made to Agent Handwerk should be suppressed as that interview was conducted in violation of the terms of 18 U.S.C. § 5035 . For the reasons to be set out below in this memorandum, defendant’s contentions should and will be overruled.”
State v. Wade (1976)
“A federal statute ( 18 U.S.C. § 5035 ) required that a juvenile be taken to the juvenile authorities unless jail detention was necessary.”
United States v. Abdul-Aziz Rashid Muhammad (1991)
“Although Muhammad was seventeen years old at the time he was first convicted of armed bank robbery in 1974, he was tried and convicted as an “adult” pursuant to 18 U.S.C. §§ 5035 & 5037. Muhammad raises no objection to his trial or conviction as an adult.”
United States v. Indian Boy X (1977)
“There is no case law as yet reported on this statute, although there are a few reported cases on its predecessor statute, 18 U.S.C. § 5035 . The predecessor statute reads, as relevant: Whenever a juvenile is arrested for an alleged violation of any law of the United States, the…”
United States v. John Doe (1995)
“The legal and practical benefits of being tried as a juvenile — which include pretrial detention in a foster home or community-based facility near the juvenile’s home instead of in an adult prison, see 18 U.S.C. § 5035 , and the sealing of records and the withholding of the…”
United States v. One Juvenile Male (1994)
“The FJDA also provides for pre-trial detention in a foster home or community-based facility near the juvenile’s home instead of being detained in an adult penal institution, 18 U.S.C. § 5035 ; a distinct speedy trial provision exclusively for juveniles, 18 U.”
United States v. Charles J. Glover (1967)
“Appellant attacks the admissibility' of the statement on two grounds, that it was obtained in violation of a section of the Juvenile Delinquency Act, 18 U.S. C. § 5035, 2 and of Rule 5(a) of the Federal Rules of Criminal Procedure 3 (the McNabb-Mallory rule).”
United States v. Angelo D. (1996)
“As our colleagues on the Second Circuit stated: The legal and practical benefits of being tried as a juvenile — which include pretrial detention in a foster home or community-based facility near the juvenile’s home instead of in an adult prison, see 18 U.S.C. § 5035 , and the…”
United States v. Ray Allen Collins (1972)
“If he had been under 18 years of age, immediate arraignment would have been required by the Federal Youth Corrections Act, 18 U.S.C. § 5035 , and the statement obtained from him some 20 hours after his arrest would probably have been excluded, see United States v.”
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