Us Code § 5035 - Detention prior to disposition
Full text of Us Code United States Code § 5035 — Detention prior to disposition, with citation guidance and answers to common questions.
§ 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.)
Historical and Revision Notes
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.
Editorial Notes
Amendments
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.
Statutory Notes and Related Subsidiaries
Repeals
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 L. 93–415, title V, §505, Sept. 7, 1974, 88 Stat. 1135, cited as a credit to this section, was repealed by Pub.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.
About This Section
18 U.S.C. § 5035 is part of Title 18 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 18 U.S.C. § 5035. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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