Page:United States Statutes at Large Volume 52.djvu/806

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 486-JUNE 16, 1938 SEC. 2. Whenever any juvenile is charged with the commission of any offense against the laws of the United States, other than an offense punishable by death or life imprisonment, and such juvenile is not surrendered to the authorities of any State, pursuant to the provisions of the Act of June 11, 1932 (47 Stat. 301; U. S . C., title 18, sec. 662a), he shall be prosecuted as a juvenile delinquent if the Attorney General in his discretion so directs and the accused consents to such procedure. In such event such person shall be prosecuted by information on the charge of juvenile delinquency, and no prosecution shall be instituted for the specific offense alleged to have been com- mitted by him. The said consent required to be given by such juvenile shall be given by him in writing before a judge of the district court of the United States having cognizance of the offense, who shall fully apprize the juvenile of his rights and of the consequences of such consent. SEC. 3. The district court of the United States having jurisdiction of the offense shall have jurisdiction to try persons prosecuted as juvenile delinquents. For such purposes the court may be convened at any time and place within the district, in chambers or otherwise. The trial shall be without a jury. The consent on the part of the juvenile to be prosecuted on a charge of juvenile delinquency shall be deemed a waiver of a trial by jury. SEC. 4. In the event that the court finds such juvenile guilty of juvenile delinquency, it may place him on probation under the provi- sions of the Act of March 4, 1925, as amended (43 Stat. 1259; U. S . C ., title 18, sees. 724 to 728), except that the period of probation may include but may not exceed the minority of the delinquent; or it may commit the delinquent to the custody of the Attorney General for a period not exceeding his minority, but in no event exceeding the term for which the juvenile could have been sentenced if he had been tried and convicted of the offense which he had committed. The Attorney General may designate any public or private agency for the custody, care, subsistence, education, and training of the juvenile during the period for which he was committed. The cost of such custody and care may be paid from the appropriation for "Support of United States prisoners" or such other appropriation as the Attorney General may designate. SEC. 5. Whenever a juvenile is arrested on a charge of having com- mitted an offense against the laws of the United States, the arresting officer shall immediately notify the Attorney General of such fact. If such juvenile is not forthwith taken before a committing magistrate he may be detained in such juvenile home or other suitable place of detention as the Attorney General may designate for such purposes, but shall not be detained in a jail or similar place of detention, unless, in the opinion of the arresting officer, such detention is necessary to secure the custody of such juvenile or to insure his safety or that of others. In no case shall such detention be for a longer period than is necessary to produce such juvenile before a committing magis- trate. The committing magistrate may release such juvenile on bail, upon his own recognizance or that of some responsible person, or in default of bail may commit him to the custody of the United States marshal, who shall lodge him in such juvenile home or other suitable place of detention as the Attorney General may designate for that purpose. Such juvenile shall not be committed to a jail or other similar institution, unless in the opinion of the marshal it appears that such commitment is necessary to secure the custody of the juvenile or to insure his safety or that of others. A juvenile detained in a jail or similar institution shall be held in custody in a room or other place apart from adults if facilities for such segregation are available. 765 Prosecutions. 47 Stat. 301 . 18U. . c. §662a. Consent by accused. Procedure. Court jurisdiction. Consent deemed waiver of jury trial. Probation after con- viction; period, etc. 43 Stat. 1259. 18U.S.C.§724- 728; Supp. III. §725. Commitment to custody of Attorney General. Designation of agen- cy for custody, care, etc. Fund made avail- able for expenses. Arrests on Federal charges. Notice to Attorney General. I)etention. Release on bail, etc. Commitment tojail, etc., forbidden; ex- ception. Segregation from adults.

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