18 U.S.C. § 5039
Commitment
No juvenile committed, whether pursuant to an adjudication of delinquency or conviction for an offense, to the custody of the Attorney General may be placed or retained in an adult jail or correctional institution in which he has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges.
Every juvenile who has been committed shall be provided with adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, counseling, education, training, and medical care including necessary psychiatric, psychological, or other care and treatment.
Whenever possible, the Attorney General shall commit a juvenile to a foster home or community-based facility located in or near his home community.
Notes of Decisions
Cited in 33
cases (2 in the last 5 years), 1977–2023 · leading case: United States v. Juv., 347 F.3d 778 (9th Cir. 2003).
United States v. Juv., 347 F.3d 778 (9th Cir. 2003). “See 18 U.S.C. § 5039 (“Whenever possible, the Attorney General shall commit a juvenile to a foster home or community based-facility located in or near his home community.”
United States v. Patrick V., 359 F.3d 3 (1st Cir. 2004). “We do, however, feel that the record is insufficient to permit the court, in arriving at its own final disposition, to factor in information as to the location and rehabilitative capabilities of the detention facility chosen by the government pursuant to the requirements of 18…”
United States v. Jdt, Juv. Male, 762 F.3d 984 (9th Cir. 2014). “at 785 (citing 18 U.S.C. § 5039 ). “Youth who are adjudged to be delinquent under the FJDA must therefore be confined in the least-restrictive environment that will support their continued rehabilitation.”
United States v. RLC, 503 U.S. 291 (1992). “As a result, the sentencing considerations relevant to juveniles are far different from those relevant to adults.”
United States v. S.A., 129 F.3d 995 (8th Cir. 1997). “18 U.S.C. § 5039 prohibits juvenile offenders from being placed in the general prison population with adult prisoners.”
United States v. Hb, Juv. Male, 695 F.3d 931 (9th Cir. 2012). “at 785 ; see also 18 U.S.C. § 5039 (“Whenever possible, the Attorney General shall commit a juvenile to a foster home or community-based facility located in or near his home community.”
Jerry Wayne Watts v. John T. Hadden, Warden, 651 F.2d 1354 (10th Cir. 1981). “Also, it had become necessary to remove all juvenile delinquents from facilities where they came in contact with older offenders, 18 U.S.C. § 5039 . This resulted in a reduction of the population in Englewood.”
In Re Sealed Case (Juv. Transfer), 893 F.2d 363 (D.C. Cir. 1990). “” 18 U.S.C. § 5039 . In sum, unless transferred, a juvenile has a statutory right not to be tried as a criminal defendant.”
United States v. Perry Hoo, 825 F.2d 667 (2d Cir. 1987). “" 18 U.S.C. § 5039 (1982). When a juvenile who is not a previous offender is alleged to have committed a violent felony or one of several specified narcotics-related offenses, the Attorney General may make a motion to transfer the juvenile to adult proceedings.”
Hu Yau-Leung v. Louis Soscia, United States Marshal for the E. Dist. of New York, 649 F.2d 914 (2d Cir. 1981). “18 U.S.C. § 5039 . These important distinctions between a delinquency proceeding and a criminal trial, which transcend purely procedural matters, indicate that an adjudication of delinquency is a horse of a different color.”
United States of Am. Ex Rel. Conrad A. Dancy v. Floyd E. Arnold, Warden United States Penitentiary Lewisburg, Pennsylvania, 572 F.2d 107 (3rd Cir. 1978). “The 1974 amendment demonstrates Congress’ continuing concern for the protection of incarcerated young people from the corruptive influence of adult offenders.”
Dist. of Columbia v. Jerry M., 717 A.2d 866 (D.C. 1998). “See 18 U.S.C.A. § 5039 (West Supp.1997) ("No juvenile committed, whether pursuant to an adjudication of delinquency or conviction for an offense, to the custody of the Attorney General may be placed or retained in an adult jail or correctional institution.”
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