Section 3512. SUBCHAPTER B.-CONFINEMENT PENDING JUDICIAL PROCEEDING (Sections 3511-3512) This subchapter continues the provisions of present law that concern the confinement of a person who has been arrested but has not yet been tried and convicted. SECTION 3511. COMMITMENT OF AN ARRESTED PERSON This section provides that those persons not released pursuant to subchapter A are to be committed to the custody of the Attorney General to be held in official detention. It is left to the discretion of the Attorney General to determine where the person will be confined. A copy of the judge's order is to be delivered to the person in charge of the facility as evidence of his authority to hold the person. This requirement is consistent with current law found in 18 U.S.C. 4084. Subsection (b) carries forward, in substance, the provisions of 18 U.S.C. 3012. It requires that the person in charge of a detention facility release to a United States marshal a person brought to such facility under subsection (a) upon the order of a court of the United States or upon request of an attorney for the government for the purpose of a court appearance. SECTION 3512. DISCHARGE OF AN ARRESTED BUT UNCONVICTED PERSON This section carries forward the provisions of 18 U.S.C. 4282. It provides that a court of the United States may, in its discretion, order the United States marshal for the judicial district involved to furnish subsistence and travel to the place of arrest or the bona fide residence of a person arrested for an offense but not formally charged, of a person formally charged with an offense but not convicted, or of a person held as a material witness upon the release of such person from custody. Under subsection (a) (2) it makes no difference whether the reason the person was not convicted was that the charges were subsequently dismissed or that the person was acquitted of the charges. CHAPTER 36.-DISPOSITION OF JUVENILE OR INCOMPETENT OFFENDERS Chapter 36 sets out the procedural provisions for the resolution of offenses committed by two types of offenders-juveniles and mental incompetents—who are linked only by the fact that they cannot be accorded the normal treatment given to accused defendants in a criminal trial. The Committee in its provisions on juvenile offenders has followed most of the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, passed by the Ninety-third Congress, and modeled largely on title II of S. 821, a bill processed by this Committee and passed by the Senate in 1974.1 The second subchapter of chapter 36 concerns the disposition to be made by the criminal justice system of those offenders deemed to be mentally incompetent. A major innovation is that, unlike current law,2 the provisions drafted by the Committee will establish comprehensive procedures for handling mentally incompetent offenders from the pretrial stage to the time of release from custody. SUBCHAPTER A.- -JUVENILE DELINQUENCY (Sections 3601-3606) This subchapter deals with the treatment of a person under twentyone years of age charged with violation of a Federal criminal statute. Section 512 of this Code provides a bar to criminal prosecution for persons under the age of sixteen. Subchapter B establishes the procedures to be followed by Federal law enforcement officials when prosecution is based on an act of juvenile delinquency. In large measure, the subchapter reenacts the basic provisions of title II of the 1974 Act. Title II of that act effected major amendments to the existing Federal Juvenile Delinquency Act.3 SECTION 3601. 1. In General SURRENDER OF A JUVENILE DELINQUENT TO STATE Section 3601 sets forth the procedure for referral of juveniles charged with Federal offenses to State authorities for prosecution. 1 P.L. No. 93-415, 88 Stat. 1109, hereinafter in this chapter discussion cited as 1974 Act. 2 18 U.S.C. 4241 et seq. 3 18 U.S.C. 5031 et seq. This section essentially recodifies 18 U.S.C. 5001, with some technical variations discussed below. The Committee endorses the principle inherent in 18 U.S.C. 5001 that wherever possible juveniles should be transferred to State jurisdiction when they are also alleged to have committed a State offense, where the State is willing and able to exercise such jurisdiction, and where the transfer will be in the best interests of the juvenile. 2. Present Federal Law The current statute dealing with the transfer to State authorities of juveniles arrested for Federal offenses is 18 U.S.C. 5001. The law permits the United States Attorney to forego prosecution and surrender a person under twenty-one years of age to State authorities if the juvenile was arrested and charged with a Federal offense and has committed a punishable offense under the applicable State laws. It should be noted that under section 5001 a juvenile offender can be up to twenty-one years old whereas under the pre-1974 18 U.S.C. 5031 a juvenile, for the purposes of the Juvenile Delinquency Act, is defined to be a person who has not attained his eighteenth birthday. The State authorities must be willing to assume jurisdiction, and the transfer must be in the best interest of the United States and of the juvenile. The statute further provides that the juvenile must signify his willingness to be transferred to State custody, unless the United States Attorney is presented with an indictment or affidavit supporting a demand for his custody from the State executive authority. The transfer power authorized by section 5001 is of special significance and advantage in relation to those under 18 who are subject to processing as juvenile delinquents. Consistent with due regard for the maintenance of Federal law, primary consideration is given to the surrender of juveniles to the authorities of the State in their home communities for appropriate treatment under State law. The authority to divert when deemed advisable is vested in the discretion of the appropriate Federal officials. The diversion to State authorities is particularly important with regard to very young offenders who cannot be accommodated readily in Federal facilities. 3. Provisions of S. 1, as Reported Section 3601 permits the United States Attorney to transfer any person under twenty-one years of age to State authorities. Since the definition of "state" in section 111 includes the District of Columbia, the removal power is maintained as broadly as it is now covered under 18 U.S.C. 5001. Section 3601 generally continues current provisions for removal of persons under twenty-one years of age to State custody. Such transfer must be consented to by the person transferred or be based on an indictment or affidavit supporting a demand to the United States Attorney from the State executive authority. Transportation to State authorities will continue to be effected by the United States marshal on order from the United States Attorney; these established procedures have prevented unnecessary delays in juvenile proceedings, and are endorsed by the Committee. As with current law, the transfer decision is vested in the United States Attorney with the decision being based on the readiness of the State to assume jurisdiction and the best interest of the person and the United States. SECTION 3602. ARREST AND DETENTION OF A JUVENILE DELINQUENT 1. In General Section 3602 establishes the procedures for arrest, detention, and pretrial release of juveniles. The procedures are consistent with the requirements of due process, and generally continue current law as amended by the 1974 Act. 2. Present Federal Law Prior to the 1974 Act, the existing Federal statute in this area was 18 U.S.C. 5035. It provided that an arrested juvenile must be taken "forthwith" before a committing magistrate, or detained in a juvenile facility, unless safety or security precautions justified placement with adult detainees. In either case, the juvenile was required to be produced before a committing magistrate as soon as possible, so that pretrial release or appropriate juvenile detention could be determined. Integration of juveniles with adults in custodial institutions was explicitly prohibited except in those circumstances where safety and security required it. Issues raised in litigation under the statute involved the appropriateness of the length and manner of post-arrest detention, and the availability at trial of any evidence produced during such detention. A Federal court recently declared that a seven and one-half hour delay between a juvenile's weekday morning arrest and his arraignment was in and of itself a violation of the statute. The unjustifiable nature of the delay invalidated the juvenile's oral admissions during that time.* Thus, the rights of the juvenile to a prompt arraignment and fair treatment during detention are protected. 3. Provisions of S. 1, as Reported Section 3602 generally recodifies 18 U.S.C. 5035, but clarifies the statute regarding juveniles through several modifications drawn largely from the 1974 Act. The arresting officer is required immediately to advise the Attorney General of any arrest for an alleged act of juvenile delinquency. Section 3602 further requires, however, that he make "reasonable efforts" to contact the parents or guardian of the arrestee. The absolute requirement of notification to the Attorney General is not carried through to the parents since there may be instances where a juvenile is unknown in the vicinity of the arrest and refuses to identify his parents. The arrest should certainly not be invalidated simply because of the juvenile's refusal to cooperate with law enforcement officials. The Committee specifically rejected inclusion of any reference to the need for advising the juvenile of his legal rights. It was agreed that the requirements of the Constitution are best defined by the courts. Any attempt to stabilize this changing area through codification may be as unwise as it would be futile. Thus, it must be assumed that the protections of this statute are only additional to the already existing constitutional rights of accused juveniles. These rights are to be afforded to juveniles irrespective of their inclusion in any statute on the subject. The final version of the 1974 Act reaches much the same conclusion. 4 United States v. Binet, 335 F. Supp. 1000 (S.D.N.Y. 1971). Accord. United States v. Glover, 372 F.2d 43 (2d Cir. 1967); United States v. Lovejoy, 364 F.2d 586 (2d Cir. 1966), cert. denied, 386 U.S. 974 (1967); United States v. Binet, 442 F.2d 296 (2d Cir. 1971); but compare United States v. Ramsey, 367 F. Supp. 1307 (W.D. Mo. 1973). 42-525-75-26 Section 3603. Subsection (b) continues the detention provisions of 18 U.S.C. 5035 as amended by the 1974 Act in the new 18 U.S.C. 5304. The most significant requirement is that a juvenile must be produced before a judge immediately after arrest, or after a period that is no longer than necessary under the circumstances. Detention is authorized only until arraignment can be scheduled. Recent cases, discussed supra, clearly indicate the limited periods of detention which the courts will permit. Detention is limited, moreover, to suitable juvenile facilities, unless the arresting officer determines that official adult detention facilities must be utilized "to secure the custody of the juvenile or to insure his safety or the safety of another person." The Committee believes that a flat absolute prohibition on mingling juveniles with adults, especially at the initial arrest stage, is inappropriate and does not fully recognize the problem of establishing secure custody in the time immediately subsequent to an arrest. The Committee expects that this exceptional authorization for use of adult detention facilities will be narrowly applied. The final subsection of section 3602 deals with pretrial release, generally authorizing the use of the Code's provisions on release.5 Existing law is maintained both as to the flexible conditions for release on unsecured bond and personal recognizance and the strict requirements for detention in appropriate cases. If a juvenile is held in official detention after his arraignment, he must be held in a place authorized in section 3603 (h) which calls, in essence, for a fairly strict segregation of adult and juvenile prisoners. At that stage, the exigencies of the period immediately following arrest will no longer be a factor. Furthermore, the juvenile must be brought to trial within sixty days or released on conditions determined by the court. The latter requirement is a significant improvement over the law prior to the 1974 Act in the effort to safeguard the rights of juvenile offenders. It essentially conforms with the amended version of 18 U.S.C. 5036 in the 1974 Act which provides for dismissal if the person is not released after thirty days. The Committee has concluded, however, that a thirty-day period is too short. It is the rare juvenile who is detained at all; when detention is necessary, thirty days may be insufficient to arrange a transfer to State authorities under section 3601, and it is an unrealistic time frame in terms of setting a trial date. Thus, the Committee has provided sixty days. In addition, the 1974 Act required dismissal if thirty days of detention of a juvenile occurred without the commencement of the trial. However, a juvenile could be released after twenty-nine days with no requirement of dismissal. Section 3602 eliminates the dismissal provision and mandates release if the juvenile has not been brought to trial within the sixty day period. The Committee believes that this provision is consistent with the basic principle that detention of juveniles should be rare and only for very limited periods of time. SECTION 3603. JUVENILE DELINQUENCY PROCEEDING 1. In General Section 3603 establishes the procedures for the conduct of juvenile delinquency proceedings. Although incorporating the provisions of current law, the Code adopts clear standards for the determinations to be made by the courts. Significant improvements over the prior pro 5 Subchapter A of chapter 35. |