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Step 4Consider the Issues Related to
Juvenile Custody
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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] | |