18 U.S.C. § 5037 : US Code - Section 5037: Dispositional hearing

Search 18 U.S.C. § 5037 : US Code - Section 5037: Dispositional hearing

(a) If the court finds a juvenile to be a juvenile delinquent,
the court shall hold a disposition hearing concerning the
appropriate disposition no later than twenty court days after the
juvenile delinquency hearing unless the court has ordered further
study pursuant to subsection (d). After the disposition hearing,
and after considering any pertinent policy statements promulgated
by the Sentencing Commission pursuant to 28 U.S.C. 994, the court
may suspend the findings of juvenile delinquency, place him on
probation, or commit him to official detention which may include a
term of juvenile delinquent supervision to follow detention. In
addition, the court may enter an order of restitution pursuant to
section 3556. With respect to release or detention pending an
appeal or a petition for a writ of certiorari after disposition,
the court shall proceed pursuant to the provisions of chapter 207.
(b) The term for which probation may be ordered for a juvenile
found to be a juvenile delinquent may not extend -
(1) in the case of a juvenile who is less than eighteen years
old, beyond the lesser of -
(A) the date when the juvenile becomes twenty-one years old;
or
(B) the maximum term that would be authorized by section
3561(c) if the juvenile had been tried and convicted as an
adult; or
(2) in the case of a juvenile who is between eighteen and
twenty-one years old, beyond the lesser of -
(A) three years; or
(B) the maximum term that would be authorized by section
3561(c) if the juvenile had been tried and convicted as an
adult.
The provisions dealing with probation set forth in sections 3563
and 3564 are applicable to an order placing a juvenile on
probation. If the juvenile violates a condition of probation at any
time prior to the expiration or termination of the term of
probation, the court may, after a dispositional hearing and after
considering any pertinent policy statements promulgated by the
Sentencing Commission pursuant to section 994 of title 28, revoke
the term of probation and order a term of official detention. The
term of official detention authorized upon revocation of probation
shall not exceed the terms authorized in section 5037(c)(2)(A) and
(B). The application of sections 5037(c)(2)(A) and (B) shall be
determined based upon the age of the juvenile at the time of the
disposition of the revocation proceeding. If a juvenile is over the
age of 21 years old at the time of the revocation proceeding, the
mandatory revocation provisions of section 3565(b) are applicable.
A disposition of a juvenile who is over the age of 21 years shall
be in accordance with the provisions of section 5037(c)(2), except
that in the case of a juvenile who if convicted as an adult would
be convicted of a Class A, B, or C felony, no term of official
detention may continue beyond the juvenile's 26th birthday, and in
any other case, no term of official detention may continue beyond
the juvenile's 24th birthday. A term of official detention may
include a term of juvenile delinquent supervision.
(c) The term for which official detention may be ordered for a
juvenile found to be a juvenile delinquent may not extend -
(1) in the case of a juvenile who is less than eighteen years
old, beyond the lesser of -
(A) the date when the juvenile becomes twenty-one years old;
(B) the maximum of the guideline range, pursuant to section
994 of title 28, applicable to an otherwise similarly situated
adult defendant unless the court finds an aggravating factor to
warrant an upward departure from the otherwise applicable
guideline range; or
(C) the maximum term of imprisonment that would be authorized
if the juvenile had been tried and convicted as an adult; or
(2) in the case of a juvenile who is between eighteen and
twenty-one years old -
(A) who if convicted as an adult would be convicted of a
Class A, B, or C felony, beyond the lesser of -
(i) five years; or
(ii) the maximum of the guideline range, pursuant to
section 994 of title 28, applicable to an otherwise similarly
situated adult defendant unless the court finds an
aggravating factor to warrant an upward departure from the
otherwise applicable guideline range; or
(B) in any other case beyond the lesser of -
(i) three years;
(ii) the maximum of the guideline range, pursuant to
section 994 of title 28, applicable to an otherwise similarly
situated adult defendant unless the court finds an
aggravating factor to warrant an upward departure from the
otherwise applicable guideline range; or
(iii) the maximum term of imprisonment that would be
authorized if the juvenile had been tried and convicted as an
adult.
Section 3624 is applicable to an order placing a juvenile under
detention.
(d)(1) The court, in ordering a term of official detention, may
include the requirement that the juvenile be placed on a term of
juvenile delinquent supervision after official detention.
(2) The term of juvenile delinquent supervision that may be
ordered for a juvenile found to be a juvenile delinquent may not
extend -
(A) in the case of a juvenile who is less than 18 years old, a
term that extends beyond the date when the juvenile becomes 21
years old; or
(B) in the case of a juvenile who is between 18 and 21 years
old, a term that extends beyond the maximum term of official
detention set forth in section 5037(c)(2)(A) and (B), less the
term of official detention ordered.
(3) The provisions dealing with probation set forth in sections
3563 and 3564 are applicable to an order placing a juvenile on
juvenile delinquent supervision.
(4) The court may modify, reduce, or enlarge the conditions of
juvenile delinquent supervision at any time prior to the expiration
or termination of the term of supervision after a dispositional
hearing and after consideration of the provisions of section 3563
regarding the initial setting of the conditions of probation.
(5) If the juvenile violates a condition of juvenile delinquent
supervision at any time prior to the expiration or termination of
the term of supervision, the court may, after a dispositional
hearing and after considering any pertinent policy statements
promulgated by the Sentencing Commission pursuant to section 994 of
title 18,(!1) revoke the term of supervision and order a term of
official detention. The term of official detention which is
authorized upon revocation of juvenile delinquent supervision shall
not exceed the term authorized in section 5037(c)(2)(A) and (B),
less any term of official detention previously ordered. The
application of sections 5037(c)(2)(A) and (B) shall be determined
based upon the age of the juvenile at the time of the disposition
of the revocation proceeding. If a juvenile is over the age of 21
years old at the time of the revocation proceeding, the mandatory
revocation provisions of section 3565(b) are applicable. A
disposition of a juvenile who is over the age of 21 years old shall
be in accordance with the provisions of section 5037(c)(2), except
that in the case of a juvenile who if convicted as an adult would
be convicted of a Class A, B, or C felony, no term of official
detention may continue beyond the juvenile's 26th birthday, and in
any other case, no term of official detention may continue beyond
the juvenile's 24th birthday.
(6) When a term of juvenile delinquent supervision is revoked and
the juvenile is committed to official detention, the court may
include a requirement that the juvenile be placed on a term of
juvenile delinquent supervision. Any term of juvenile delinquent
supervision ordered following revocation for a juvenile who is over
the age of 21 years old at the time of the revocation proceeding
shall be in accordance with the provisions of section 5037(d)(1),
except that in the case of a juvenile who if convicted as an adult
would be convicted of a Class A, B, or C felony, no term of
juvenile delinquent supervision may continue beyond the juvenile's
26th birthday, and in any other case, no term of juvenile
delinquent supervision may continue beyond the juvenile's 24th
birthday.
(e) If the court desires more detailed information concerning an
alleged or adjudicated delinquent, it may commit him, after notice
and hearing at which the juvenile is represented by counsel, to the
custody of the Attorney General for observation and study by an
appropriate agency. Such observation and study shall be conducted
on an out-patient basis, unless the court determines that inpatient
observation and study are necessary to obtain the desired
information. In the case of an alleged juvenile delinquent,
inpatient study may be ordered only with the consent of the
juvenile and his attorney. The agency shall make a complete study
of the alleged or adjudicated delinquent to ascertain his personal
traits, his capabilities, his background, any previous delinquency
or criminal experience, any mental or physical defect, and any
other relevant factors. The Attorney General shall submit to the
court and the attorneys for the juvenile and the Government the
results of the study within thirty days after the commitment of the
juvenile, unless the court grants additional time.