40. Disposition Upon Adjudication Of Delinquency

Upon an adjudication of delinquency, the judge has discretion to impose any of the conditions listed in 18 U.S.C. § 5037. These include restitution, probation (and conditions of probation), and official detention, but not fines. There are currently no sentencing guidelines which are applicable to juvenile proceedings.Official detention may not extend beyond the defendant's twenty-first birthday for defendants under eighteen at the time of disposition, or five years for defendants between the ages of eighteen and twenty-one at the time of disposition. In addition, the period of detention may not exceed the maximum period of imprisonment statutorily authorized for adult defendants.

Juveniles sentenced to official detention are committed to the custody of the Attorney General. The Federal Bureau of Prisons designates a place of confinement. Juveniles may not be placed in an institution in which they have "regular contact" with adults convicted of crimes or awaiting trial on criminal charges. There are at present no federal facilities for juveniles; the Bureau of Prisons ordinarily places them in state juvenile or other suitable facilities under contract. When possible, they are to be placed in foster homes or community-based facilities located in or near their home communities. See 18 U.S.C. § 5039.

[cited in JM 9-8.230]