40
Disposition Upon Adjudication of Delinquency
|
Upon an adjudication of delinquency, the judge has discretion
to impose any
of the conditions listed in 18 U.S.C. § 5037. These include
restitution,
probation (and conditions of probation), and official detention,
but not fines.
There are currently no sentencing guidelines which are applicable
to juvenile
proceedings.Official detention may not extend beyond the
defendant's twenty-first
birthday for defendants under eighteen at the time of disposition,
or five years
for defendants between the ages of eighteen and twenty-one at the
time of
disposition. In addition, the period of detention may not exceed
the maximum
period of imprisonment statutorily authorized for adult defendants.
Juveniles sentenced to official detention are committed to the
custody of
the Attorney General. The Federal Bureau of Prisons designates a
place of
confinement. Juveniles may not be placed in an institution in
which they have
"regular contact" with adults convicted of crimes or awaiting trial
on criminal
charges. There are at present no federal facilities for juveniles;
the Bureau
of Prisons ordinarily places them in state juvenile or other
suitable facilities
under contract. When possible, they are to be placed in foster
homes or
community-based facilities located in or near their home
communities. See
18 U.S.C. § 5039.
[cited in USAM 9-8.230] | |