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45. Detention Of Juveniles

The juvenile statutes provide for release of a juvenile pending trial to his parents, guardian, custodian, or other responsible individual unless the magistrate determines, after a hearing at which the juvenile is represented by counsel, that detention is required to secure his timely appearance before the appropriate court or to insure his safety or that of others. 18 U.S.C. § 5034.

A juvenile held in custody pending trial must be segregated from adult offenders and detainees. 18 U.S.C. § 5035. For juveniles in federal custody, the United States Marshals Service will arrange for a place to hold the juvenile which is consistent with the statutory requirements. Because that will normally require use of contract facilities, the Marshals will benefit by as much advance notice as possible. In the event that issues arise which have not been solved at the local level the following contacts are available to assist you: Kristine M. Marcy, Assistant Director for Prisoner Services, United States Marshals Service (703) 416-8900; James L. Beck, Assistant Administrator, Bureau of Prisons (202)307-3171; and Tom Roberts, TVCS, Criminal Division (202) 307-3950 or (202) 514-0849.

The juvenile statutes have their own speedy trial provision. Juveniles who are held in custody pending trial must ordinarily have their proceedings commence within 30 days. 18 U.S.C. § 5036.

[cited in USAM 9-8.150]

Updated May 19, 2015