Page:United States Statutes at Large Volume 88 Part 1.djvu/1179

 88 STAT. ]

PUBLIC LAW 93-415-SEPT. 7, 1974

1135

"Statements made by a juvenile prior to or during a transfer hearing under this section shall not be admissible at subsequent criminal prosecutions." CUSTODY

SEC. 503. Section 5033 of title 18, United States Code is amended to read as follows: "Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile's parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense. "The juvenile shall be taken before a magistrate forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate." D U T I E S OF
 * §5033. Custody prior to appearance before magistrate

MAGISTRATE

SEC. 504. Section 5034 of title 18, United States Code, is amended to read as follows: "§5034. Duties of magistrate "The magistrate shall insure that the juvenile is represented by ^ ^counse""*'*"" counsel before proceeding with critical stages of the proceedings. Counsel shall be assigned to represent a juvenile when the juvenile and his parents, guardian, or custodian are financially unable to obtain adequate representation. In cases where the juvenile and his parents, guardian, or custodian are financially able to obtain adequate representation but have not retained counsel, the magistrate may assign counsel and order the payment of reasonable attorney's fees or may direct the juvenile, his parents, guardian, or custodian to retain private counsel within a specified period of time. "The magistrate, may appoint a guardian ad litem if a parent or uafdi°a'"'"''^"' '^^ guardian of the juvenile is not present, or if the magistrate has reason to believe that the parents or guardian will not cooperate with the juvenile in preparing for trial, or that the interests of the parents or guardian and those of the juvenile are adverse. "If the juvenile has not been discharged before his initial appearance before the magistrate, the magistrate shall release the juvenile to his parents^ guardian, custodian, or other responsible party (including, but not limited to, the director of a shelter-care facility upon their promise to bring such juvenile before the appropriate court when requested by such court unless the magistrate determines, after hearing, at which the juvenile is represented by counsel, that the detention of such juvenile is required to secure his timely appearance before the appropriate court or to insure his safety or that of others." DETENTION

SEC. 505. Section 5035 of this title is amended to read as follows: "§5035. Detention prior to disposition "A juvenile alleged to be delinquent may be detained only in a juvenile facility or such other suitable place as the Attorney General

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