dreamproit/uscode huggingface dataset:
18 U.S.C. § 5001 (CRIMES AND CRIMINAL PROCEDURE)
§ 5001. Surrender to State authorities; expenses
Whenever any person under twenty-one years of age has been arrested, charged with the commission of an offense punishable in any court of the United States or of the District of Columbia, and, after investigation by the Department of Justice, it appears that such person has committed an offense or is a delinquent under the laws of any State or of the District of Columbia which can and will assume jurisdiction over such juvenile and will take him into custody and deal with him according to the laws of such State or of the District of Columbia, and that it will be to the best interest of the United States and of the juvenile offender, the United States attorney of the district in which such person has been arrested may forego his prosecution and surrender him as herein provided, unless such surrender is precluded under section 5032 of this title.
The United States marshal of such district upon written order of the United States attorney shall convey such person to such State or the District of Columbia, or, if already therein, to any other part thereof and deliver him into the custody of the proper authority thereof.
Before any person is conveyed from one State to another or from or to the District of Columbia under this section, he shall signify his willingness to be so returned, or there shall be presented to the United States attorney a demand from the executive authority of such State or the District of Columbia, to which the prisoner is to be returned, supported by indictment or affidavit as prescribed by section 3182 of this title.
The expense incident to the transportation of any such person, as herein authorized, shall be paid from the appropriation “Salaries, Fees, and Expenses, United States Marshals.”
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 100–690, title VI, § 6467(b), Nov. 18, 1988, 102 Stat. 4376.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 662a (June 11, 1932, ch. 243, 47 Stat. 301).
Language preceding “Whenever” was omitted as unnecessary, and “the District of Columbia” was inserted after “State”.
Changes were made in phraseology and surplusage eliminated.
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–690 inserted “, unless such surrender is precluded under section 5032 of this title” before period at end of first par.
18 U.S.C. § 5002 (CRIMES AND CRIMINAL PROCEDURE)
[§ 5002. Repealed. Pub. L. 104–134, title I, § 101[(a)] [title VI, § 614(a)(1)], Apr. 26, 1996, 110 Stat. 1321, 1321–65; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327]
text: Section, added act Sept. 30, 1950, ch. 1115, § 4, 64 Stat. 1090; amended Oct. 12, 1984, Pub. L. 98–473, title II, § 223(p), 98 Stat. 2030, provided for creation of Advisory Corrections Council.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 104–134, title I, § 101[(a)] [title VI, § 614(b)], Apr. 26, 1996, 110 Stat. 1321, 1321–65, provided that: “This section [repealing this section] shall take effect 30 days after the date of the enactment of this Act [Apr. 26, 1996].”
18 U.S.C. § 5003 (CRIMES AND CRIMINAL PROCEDURE)
§ 5003. Custody of State offenders
(a)
(1) The Director of the Bureau of Prisons when proper and adequate facilities and personnel are available may contract with proper officials of a State or territory, for the custody, care, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such State or territory.
(2) Any such contract shall provide—
(A) for reimbursing the United States in full for all costs or expenses involved;
(B) for receiving in exchange persons convicted of criminal offenses in the courts of the United States, to serve their sentence in appropriate institutions or facilities of the State or territory by designation as provided in section 4082(b) 1 of this title, this exchange to be made according to formulas or conditions which may be negotiated in the contract; or
(C) for compensating the United States by means of a combination of monetary payment and of receipt of persons convicted of criminal offenses in the courts of the United States, according to formulas or conditions which may be negotiated in the contract.
(3) No such contract shall provide for the receipt of more State or territory prisoners by the United States than are transferred to that State or territory by such contract.
(b) Funds received under such contract may be deposited in the Treasury to the credit of the appropriation or appropriations from which the payments for such service were originally made.
(c) Unless otherwise specifically provided in the contract, a person committed to the Attorney General hereunder shall be subject to all the provisions of law and regulations applicable to persons committed for violations of laws of the United States not inconsistent with the sentence imposed.
(d) The term “State” as used in this section includes any State, territory, or possession of the United States, and the Canal Zone.
(Added May 9, 1952, ch. 253, § 1, 66 Stat. 68; amended Pub. L. 89–267, § 1, Oct. 19, 1965, 79 Stat. 990; Pub. L. 99–646, § 66, Nov. 10, 1986, 100 Stat. 3615.)
heading: Editorial Notes
heading: References in Text
text: Section 4082(b) of this title, referred to in subsec. (a)(2)(B), was repealed, and section 4082(f) was redesignated section 4082(b), by Pub. L. 98–473, title II, § 218(a), Oct. 12, 1984, 98 Stat. 2027.
For definition of Canal Zone, referred to in subsec. (d), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
heading: Amendments
text: 1986—Subsec. (a). Pub. L. 99–646 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Attorney General, when the Director shall certify that proper and adequate treatment facilities and personnel are available, is hereby authorized to contract with the proper officials of a State or Territory for the custody, care, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such State or Territory: Provided, That any such contract shall provide for reimbursing the United States in full for all costs or other expenses involved.”
1965—Subsec. (d). Pub. L. 89–267 added subsec. (d).
(CRIMES AND CRIMINAL PROCEDURE)
[§§ 5005, 5006. Repealed. Pub. L. 98–473, title II, § 218(a)(8), Oct. 12, 1984, 98 Stat. 2027]
text: Section 5005, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086; amended Mar. 15, 1976, Pub. L. 94–233, § 3, 90 Stat. 231, related to the making of youth correction decisions by United States Parole Commission.
text: Section 5006, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086; amended Mar. 15, 1976, Pub. L. 94–233, § 4, 90 Stat. 231, defined terms for the purpose of this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Oct. 12, 1984, see section 235(a)(1)(A) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 5007...5009 (CRIMES AND CRIMINAL PROCEDURE)
[§§ 5007 to 5009. Repealed. Pub. L. 94–233, § 5, Mar. 15, 1976, 90 Stat. 231]
text: Section 5007, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086, provided for meetings and duties of members of Youth Correction Division.
text: Section 5008, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086, provided for appointment of officers and employees by Attorney General.
text: Section 5009, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086, provided for adoption and promulgation of rules governing procedure by Youth Correction Division.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective on 60th day following Mar. 15, 1976, see section 16(b) of Pub. L. 94–233, set out as an Effective Date note under section 4201 of this title.
18 U.S.C. § 5031 (CRIMES AND CRIMINAL PROCEDURE)
§ 5031. Definitions
For the purposes of this chapter, a “juvenile” is a person who has not attained his eighteenth birthday, or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday, and “juvenile delinquency” is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult or a violation by such a person of section 922(x).
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415, title V, § 501, Sept. 7, 1974, 88 Stat. 1133; Pub. L. 103–322, title XI, § 110201(c)(1), Sept. 13, 1994, 108 Stat. 2012.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 921 (June 16, 1938, ch. 486, § 1, 52 Stat. 764).
The phrase “who has not attained his eighteenth birthday” was substituted for “seventeen years of age or under” as more clearly reflecting congressional intent and administrative construction. The necessity of a definite fixing of the age of the juvenile was emphasized by Hon. Arthur J. Tuttle, United States district judge, Detroit, Mich., in a letter to the Committee on Revision of the Laws dated June 24, 1944. Words “an offense against the” was changed to “the violation of a” without change of substance.
Minor change was made in translation of section references to “this chapter”.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 inserted before period at end “or a violation by such a person of section 922(x)”.
1974—Pub. L. 93–415 amended section generally, inserting “or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday” after “eighteenth birthday,” and substituting “committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult”, for “committed by a juvenile and not punishable by death or life imprisonment.”
heading: Statutory Notes and Related Subsidiaries
heading: Repeals
text: Pub. L. 93–415, title V, § 501, Sept. 7, 1974, 88 Stat. 1133, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
18 U.S.C. § 5033 (CRIMES AND CRIMINAL PROCEDURE)
§ 5033. Custody prior to appearance before magistrate judge
Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile’s parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense.
The juvenile shall be taken before a magistrate judge forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate judge.
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415, title V, § 503, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 922, 923 (June 16, 1938, ch. 486, §§ 2, 3, 52 Stat. 765).
This section consolidates said section 923, and the final sentence of said section 922, of title 18, U.S.C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation.
This revised section and section 5032 of this title were rewritten to make clear the legislative intent that a juvenile delinquency proceeding shall result in the adjudication of a status rather than the conviction of a crime.
The other provisions of said section 922 are incorporated in section 5032 of this title.
heading: Editorial Notes
heading: Amendments
text: 1974—Pub. L. 93–415 amended section generally, substituting “Custody prior to appearance before magistrate”, for “Jurisdiction; written consent; jury trial precluded” in section catchline, and substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Words “magistrate judge” substituted for “magistrate” in catchline and wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
heading: Repeals
text: Pub. L. 93–415, title V, § 503, Sept. 7, 1974, 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
18 U.S.C. § 5035 (CRIMES AND CRIMINAL PROCEDURE)
§ 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, § 505, Sept. 7, 1974, 88 Stat. 1135.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 925 (June 16, 1938, ch. 486, § 5, 52, Stat. 765).
Minor changes were made in arrangement and phraseology.
heading: Editorial Notes
heading: Amendments
text: 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.
heading: Repeals
text: Pub. L. 93–415, title V, § 505, Sept. 7, 1974, 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
18 U.S.C. § 5036 (CRIMES AND CRIMINAL PROCEDURE)
§ 5036. Speedy trial
If an alleged delinquent who is in detention pending trial is not brought to trial within thirty days from the date upon which such detention was begun, the information shall be dismissed on motion of the alleged delinquent or at the direction of the court, unless the Attorney General shows that additional delay was caused by the juvenile or his counsel, or consented to by the juvenile and his counsel, or would be in the interest of justice in the particular case. Delays attributable solely to court calendar congestion may not be considered in the interest of justice. Except in extraordinary circumstances, an information dismissed under this section may not be reinstituted.
(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93–415, title V, § 506, Sept. 7, 1974, 88 Stat. 1136.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 926 (June 16, 1938, ch. 486, § 6, 52 Stat. 766).
The words “foster homes” were inserted to remove any doubt as to the authority to commit to such foster homes in accordance with past and present administrative practice.
heading: Editorial Notes
heading: Amendments
text: 1974—Pub. L. 93–415 amended section generally, substituting “Speedy trial” for “Contracts for support; payment” in section catchline, and substituting provisions relating to dismissal of information due to delay, for provisions relating to contracts with public or private agencies for custody and care of juvenile delinquents.
heading: Statutory Notes and Related Subsidiaries
heading: Repeals
text: Pub. L. 93–415, title V, § 506, Sept. 7, 1974, 88 Stat. 1136, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
18 U.S.C. § 5039 (CRIMES AND CRIMINAL PROCEDURE)
§ 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.
(Added Pub. L. 93–415, title V, § 509, Sept. 7, 1974, 88 Stat. 1138; amended Pub. L. 103–322, title XIV, § 140003, Sept. 13, 1994, 108 Stat. 2032.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 inserted “, whether pursuant to an adjudication of delinquency or conviction for an offense,” after “committed” in first par.
heading: Statutory Notes and Related Subsidiaries
heading: Repeals
text: Pub. L. 93–415, title V, § 509, Sept. 7, 1974, 88 Stat. 1138, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
18 U.S.C. § 5040 (CRIMES AND CRIMINAL PROCEDURE)
§ 5040. Support
The Attorney General may contract with any public or private agency or individual and such community-based facilities as halfway houses and foster homes for the observation and study and the custody and care of juveniles in his custody. For these purposes, the Attorney General may promulgate such regulations as are necessary and may use the appropriation for “support of United States prisoners” or such other appropriations as he may designate.
(Added Pub. L. 93–415, title V, § 510, Sept. 7, 1974, 88 Stat. 1138.)
heading: Statutory Notes and Related Subsidiaries
heading: Repeals
text: Pub. L. 93–415, title V, § 510, Sept. 7, 1974, 88 Stat. 1138, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
18 U.S.C. § 5041 (CRIMES AND CRIMINAL PROCEDURE)
[§ 5041. Repealed. Pub. L. 98–473, title II, § 214(b), Oct. 12, 1984, 98 Stat. 2014]
text: Section, added Pub. L. 93–415, title V, § 511, Sept. 7, 1974, 88 Stat. 1138; amended Pub. L. 94–233, § 11, Mar. 15, 1976, 90 Stat. 233, related to parole for juvenile delinquents.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, with section to remain in effect for five years as to an individual who committed an offense or an act of juvenile delinquency before Nov. 1, 1987, and as to a term of imprisonment during the period described in section 235(a)(1)(B) of Pub. L. 98–473, see section 235(a)(1), (b)(1)(D) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 5042 (CRIMES AND CRIMINAL PROCEDURE)
§ 5042. Revocation of probation
Any juvenile probationer shall be accorded notice and a hearing with counsel before his probation can be revoked.
(Added Pub. L. 93–415, title V, § 512, Sept. 7, 1974, 88 Stat. 1138; amended Pub. L. 98–473, title II, § 214(c), Oct. 12, 1984, 98 Stat. 2014.)
heading: Editorial Notes
heading: Amendments
text: 1984—Pub. L. 98–473 struck out “parole or” before “probation” in section catchline and text, and struck out “parolee or” before “probationer” in text.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, with section as in effect prior to such amendment to remain in effect for five years as and individual who committed an offense or an act of juvenile delinquency before Nov. 1, 1987, and as to a term of imprisonment during the period described in section 235(a)(1)(B) of Pub. L. 98–473, see section 235(a)(1), (b)(1)(D) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
heading: Repeals
text: Pub. L. 93–415, title V, § 512, Sept. 7, 1974, 88 Stat. 1138, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.
18 U.S.C. § 6002 (CRIMES AND CRIMINAL PROCEDURE)
§ 6002. Immunity generally
Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to—
(1) a court or grand jury of the United States,
(2) an agency of the United States, or
(3) either House of Congress, a joint committee of the two Houses, or a committee or a subcommittee of either House,
and the person presiding over the proceeding communicates to the witness an order issued under this title, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.
(Added Pub. L. 91–452, title II, § 201(a), Oct. 15, 1970, 84 Stat. 927; amended Pub. L. 103–322, title XXXIII, § 330013(4), Sept. 13, 1994, 108 Stat. 2146.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “under this title” for “under this part” in concluding provisions.