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56. Step 4—Consider the Issues Related to Juvenile Custody

At an initial appearance before the magistrate, the juvenile will be released to his parents, guardians, custodians, or other responsible party upon the party's promise to ensure the juvenile's presence at court proceedings. Pretrial detention may be ordered if the court determines that detention is required to secure the juvenile's timely appearance in court or to ensure his safety or the safety of others. 18 U.S.C. § 5034.

A juvenile who is detained must be housed with similarly situated juvenile offenders until he or she is ordered transferred to adult status and reaches age 18 or, if prosecuted as a juvenile delinquent, until he or she reaches age twenty-one. At this time, there are virtually no federally owned and operated pretrial or post-conviction juvenile bed spaces.

If you anticipate that a juvenile will be arrested or that you will seek pretrial detention, you should provide as much notice as possible to the local U.S. Marshal so that he can begin to determine the availability of local contract juvenile bed space. Lead time also should be provided to the Bureau of Prisons if you anticipate a juvenile adjudication or conviction that is likely to result in a period of detention.

[cited in Criminal Resource Manual 48]

Updated June 8, 2015