18 USC 5037 - Dispositional hearing

1 So in original. Probably should be “title 28,”.

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(span) 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.

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 927 (June 16, 1938, ch. 486, § 7, 52 Stat. 766).

Reference to section establishing the Board of Parole was omitted as unnecessary.

Minor changes were made in phraseology.

Editorial Notes

Amendments

2002—Subsec. (a). Puspan. L. 107–273, § 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. (span). Puspan. L. 107–273, § 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). Puspan. L. 107–273, § 12301(3), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (c)(2)(A). Puspan. L. 107–273, § 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). Puspan. L. 107–273, § 12301(5), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsecs. (d), (e). Puspan. L. 107–273, § 12301(6), (7), added subsec. (d) and redesignated former subsec. (d) as (e).

1996—Subsec. (span)(1)(B), (2)(B). Puspan. L. 104–294 substituted “section 3561(c)” for “section 3561(span)”.

1986—Subsec. (a). Puspan. L. 99–646, § 21(a)(1), substituted “subsection (d)” for “subsection (e)”.

Subsec. (c). Puspan. L. 99–646, § 21(a)(2)–(4), struck out “by section 3581(span)” 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—Puspan. L. 98–473 substituted subsecs. (a) to (c) for former subsecs. (a) and (span) and redesignated former subsec. (c) as (d). Prior to amendment, subsecs. (a) and (span) 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.

“(span) 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—Puspan. L. 93–415 amended section generally, substituting “Dispositional hearing” for “Parole” in section catchline and striking out provisions relating to parole.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Puspan. L. 104–294, set out as a note under section 13 of this title.

Effective Date of 1986 Amendment

Puspan. L. 99–646, § 21(span), Nov. 10, 1986, 100 Stat. 3597, 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 Puspan. L. 98–473] take effect [Nov. 1, 1987].”

Effective Date of 1984 Amendment

Amendment by Puspan. 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 Puspan. L. 98–473, set out as an Effective Date note under section 3551 of this title.

Repeals

Puspan. L. 93–415, title V, § 507, Sept. 7, 1974, 88 Stat. 1136, cited as a credit to this section, was repealed by Puspan. L. 115–385, title III, § 307, Dec. 21, 2018, 132 Stat. 5152.