2018 US Code
Title 18 - Crimes and Criminal Procedure
Part IV - Correction of Youthful Offenders
Chapter 403 - Juvenile Delinquency
Sec. 5036 - Speedy trial

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Citation 18 U.S.C. § 5036 (2018)
Section Name §5036. Speedy trial
Section Text

If an alleged delinquent who is in detention pending trial is not brought to trial within thirty days from the date upon which such detention was begun, the information shall be dismissed on motion of the alleged delinquent or at the direction of the court, unless the Attorney General shows that additional delay was caused by the juvenile or his counsel, or consented to by the juvenile and his counsel, or would be in the interest of justice in the particular case. Delays attributable solely to court calendar congestion may not be considered in the interest of justice. Except in extraordinary circumstances, an information dismissed under this section may not be reinstituted.

Source Credit

(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93–415, title V, §506, Sept. 7, 1974, 88 Stat. 1136.)

Editorial Notes HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., §926 (June 16, 1938, ch. 486, §6, 52 Stat. 766).

The words "foster homes" were inserted to remove any doubt as to the authority to commit to such foster homes in accordance with past and present administrative practice.

AMENDMENTS

1974—Pub. L. 93–415 amended section generally, substituting "Speedy trial" for "Contracts for support; payment" in section catchline, and substituting provisions relating to dismissal of information due to delay, for provisions relating to contracts with public or private agencies for custody and care of juvenile delinquents.

REPEALS

Section 506 of Pub. L. 93–415, title V, Sept. 7, 1974, 88 Stat. 1136, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, §307, Dec. 21, 2018, 132 Stat. 5152.

Publication Title United States Code, 2018 Edition, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART IV - CORRECTION OF YOUTHFUL OFFENDERS
CHAPTER 403 - JUVENILE DELINQUENCY
Sec. 5036 - Speedy trial
Contains section 5036
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 52 Stat. 766
62 Stat. 858
88 Stat. 1136
132 Stat. 5152
Public Law References Public Law 93-415, Public Law 115-385
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