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CRM 1-499

143. Speedy Trial Requirement

There is an important speedy trial requirement which must be followed in cases where the juvenile is detained pending trial as a delinquent. Except for limited exceptions, the juvenile must be brought to delinquency trial within thirty days from the beginning of his detention, or the information must be dismissed. 18 U.S.C.A. § 5036 (West 1985). See also Baker, 10 F. 3d at 1397. The statute also provides that such a dismissal shall be with prejudice except in extraordinary circumstances. Id. The exceptions include delay was caused by the juvenile or his or her counsel, or delay in the interest of justice. Id.; Doe, 49 F.3d at 865. A district court's findings as to factual matters such as consent must be upheld unless they are clearly erroneous. Id. The court's determination of whether a delay is in the interest of justice is reviewed for abuse of discretion. Id.

"Detention" in 18 U.S.C.A. § 5036, means, "in physically restrictive detention amounting to institutionalism", and is applicable to juveniles in federal custody. Romulus, 949 F.2d at 716; Doe, 882 F. 2d 926, 927-28 (5th Cir. 1989), citing Cuomo, 525 F. 2d at 1291. Federal custody or detention for purposes of the § 5036 speedy trial provision is defined as custody or detention pending trial pursuant to the charge by information of an act of delinquency. Juvenile Male, 74 F.3d at 530. An arrest by state authorities for state charges does not start the speedy trial period under Section 5036. Three Male Juveniles, 49 F. 3d at 1063-64. Nor does it start when juveniles are placed in "administrative detention." Juvenile Male, 74 F.3d at 529.

If a juvenile is transferred for adult prosecution, the speedy trial requirements under 18 U.S.C.A. § 5036 are no longer applicable. Romulus, 949 F.2d at 716. The time between the date the government moves to have the juvenile treated as an adult and the date the district court rules on the transfer request is excludable from the thirty-day speedy trial requirement as falling within the interest-of-justice exclusion. Id.