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.