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Justice Manual

Justice Manual
Title 9: Criminal

9-8.000 - Principles of Federal Juvenile Prosecution

9-8.001 Overview
9-8.002 Unique Status of Juveniles Prosecuted in Federal Court
9-8.003 Summary of the Federal Juvenile Delinquency Process
9-8.004 Juvenile Justice and Prosecutorial Discretion
9-8.005 Certification
9-8.006 Notification and Advice of Rights
9-8.007 Motion to Transfer to Adult Status
9-8.008 Confidentiality
9-8.009 Speedy Trial
9-8.010 United States Marshal Service Involvement
9-8.011 United States Probation Supervision and Resources
9-8.012 Bureau of Prisons Resources

9-8.001 – Overview

The federal juvenile justice system is limited in scope. In most instances, State, local, or Tribal juvenile justice systems are better equipped to address the harms caused by a juvenile’s delinquent actions and provide appropriate rehabilitative services. However, in certain limited circumstances, federal prosecution may be an appropriate option for consideration.

The Juvenile Delinquency Act (JDA) provides the statutory framework for prosecution of juveniles who come under federal jurisdiction. 18 U.S.C. §§ 5031 et seq. The general purpose of the JDA—in line with the spirit of the juvenile justice system—is to encourage rehabilitation instead of punishment, and to provide juveniles with procedural and substantive protections not typically afforded defendants in the adult criminal justice system.

However, in certain cases where a juvenile commits an especially serious offense, the JDA permits the transfer of a juvenile to the adult criminal justice system, at which point most of the requirements in the JDA no longer apply. Given the significant differences between the juvenile and adult justice systems, prosecutors should exercise great care when deciding whether to seek the transfer of a juvenile to adult status for prosecution.

As a general matter and unless otherwise stated, all approval, consultation, and notification requirements described elsewhere in the Justice Manual apply to federal juvenile prosecutions. See, e.g., JM §§ 9-51.000 (cyber-enabled crimes); 9-90.020 (national security matters).

[updated June 2024]

9-8.002 – Unique Status of Juveniles Prosecuted in Federal Court

Juveniles prosecuted under the JDA receive procedural and substantive protections that defendants in the adult criminal justice system do not receive. Among other things, under the JDA:

  • Charges against juveniles are pursued in “delinquency proceedings,” not criminal prosecutions. Thus, a juvenile is never referred to as a defendant, but rather a “juvenile” or “juvenile delinquent.”
  • Prosecutors initiate charges against a juvenile by filing an information (among other documents) under seal. No grand jury indictment is required. See JM § 9-8.003.
  • Upon federal arrest, both the juvenile and their parents must be advised of the juvenile’s rights and the nature of the charges, and the juvenile must be brought “before a magistrate forthwith.” 18 U.S.C. § 5033; see JM § 9-8.006.
  • Robust privacy protections include closed courtrooms, sealed records, and non-jury trials. See JM § 9-8.008.
  • If a juvenile is detained, they must be brought to trial within 30 days of the start of their detention, unless a continuance is granted for certain limited reasons. See JM § 9-8.009.
  • A juvenile may only be detained in a juvenile facility or such other suitable place as the Attorney General may designate, and whenever possible, detention shall be in a foster home or community-based facility located in or near their home community. They may not be detained or confined in any institution in which they may have regular contact with adult persons convicted of a crime or awaiting trial on criminal charges, and must be kept separate insofar as possible. See 18 U.S.C. § 5035; JM §§ 9-8.010 to 9-8.012.
  • Regardless of the seriousness of the offense for which they were determined delinquent, a juvenile who is under the age of 18 on the date of the disposition hearing cannot be detained on that delinquency adjudication beyond their 21st birthday. An individual who is prosecuted as a juvenile but who is between the ages of 18-21 on the date of disposition cannot be detained on that delinquency adjudication for more than five years. See 18 U.S.C. § 5037.

[updated June 2024]

9-8.003 – Summary of the Federal Juvenile Delinquency Process

A. Relevant ages for juvenile proceedings. Under the JDA, anyone who commits a federal crime before their 18th birthday and has not yet reached age 21 is considered a “juvenile.” 18 U.S.C. § 5031. As a result, any charges against such individuals must commence with a delinquency proceeding rather than an adult criminal prosecution. There are no exceptions to this requirement; it does not matter whether State law considers the juvenile an adult or the State has previously prosecuted the juvenile as an adult for other criminal acts.

Conversely, the JDA does not apply to an individual who is 21 or older, even if the individual engaged in the alleged delinquent conduct before age 18. If the defendant has turned 21, the government initiates proceedings just as if the conduct had occurred after the defendant’s 18th birthday.

B. Initiating charges. Federal prosecutors initiate charges against a juvenile by filing three documents under seal:

  1. Juvenile information. An information, which alleges that the individual has committed an act of juvenile delinquency, along with an affidavit of factual allegations;

  2. Certification. A certification personally signed by either the United States Attorney or the Assistant Attorney General for the Criminal Division (CRM-AAG) detailing the grounds for federal jurisdiction in the case, see JM § 9-8.005; and

  3. Delegation of certification authority. A copy of a July 2023 memo delegating certification authority to United States Attorneys. (In matters where the CRM-AAG is the certifying official, prosecutors should attach a copy of the original delegation order from the Attorney General to the CRM-AAG.) See id.

The filing of the information and certification begins a juvenile delinquency proceeding, which culminates in one of two ways: a determination of whether the individual qualifies as a juvenile delinquent or, under certain circumstances described in 18 U.S.C. § 5032, a determination that the individual should be transferred from a juvenile delinquency proceeding to an adult criminal prosecution.

C. Juvenile proceeding. If the matter remains as a juvenile proceeding (i.e., is not transferred to adult criminal prosecution), then it proceeds to a determination of juvenile delinquency. Juveniles do not plead guilty or not guilty; they either admit or deny charges. If the juvenile denies charges, the judge holds a delinquency hearing and makes a determination of delinquency. See JM § 9-8.009.

D. Disposition. After the juvenile admits the charges or is found delinquent, the court holds a disposition hearing, which is analogous to a sentencing hearing. 18 U.S.C. § 5037. The disposition hearing must occur within 20 days of the delinquency hearing, unless the court orders further study of the juvenile, as described in Section 5037. Id.

The court has broad discretion to craft conditions to ensure that the disposition—or sentence—embraces the rehabilitative focus of the juvenile justice system. Juveniles under the age of 18 will not be detained past their 21st birthday, and individuals aged 18 to 21 who are being prosecuted as juveniles will face a maximum of five years. 18 U.S.C. § 5037. Thus, in many cases, juveniles face much lower maximum possible sentences compared to adults convicted of the same offense. 18 U.S.C. § 5037 (b)-(d)(2) (maximum sentence).

The U.S. Sentencing Guidelines do not apply to juveniles; the Guidelines are relevant only insofar as any sentence imposed upon a juvenile delinquent may not exceed the maximum of the guideline range that would apply to a similarly situated adult defendant, unless the court finds an aggravating factor sufficient to warrant an upward departure. U.S.S.G. § 1B1.12 (Persons Sentenced Under the Federal Juvenile Delinquency Act).

E. Transfer to adult criminal prosecution. At any point prior to a determination of juvenile delinquency, the individual’s case can be transferred from a juvenile proceeding to an adult criminal prosecution, if any of the following conditions are met:

  1. Juvenile waiver. The juvenile waives their juvenile status “in writing upon advice of counsel.” 18 U.S.C. § 5032 ⁋ 4.

  2. Discretionary transfer in the interest of justice. Upon motion of the government, the court finds that (a) at the time of the offense, the juvenile was at least 15 years old or 13 years old (with the threshold age depending on the specific offense and other facts, including whether the offense involved an Indian juvenile in Indian country); (b) the offense charged is a felony crime of violence or is one of certain, other specified offenses; and (c) the transfer would be “in the interest of justice,” based on the court’s review of six factors specified in the JDA. See JM § 9-8.007(A); see also 18 U.S.C. § 5032 ⁋⁋ 4-5.

  3. Mandatory transfer for certain repeat offenders. Upon motion of the government, the court finds that (a) the juvenile is alleged to have committed the offense after their 16th birthday; (b) the offense charged is one of certain specified federal offenses; and (c) the juvenile “has previously been found guilty” of any of the specified offenses supporting discretionary or mandatory transfer (or an equivalent state-law offense). See JM § 9-8.007(B); see also 18 U.S.C. § 5032 ⁋ 4.

Where a juvenile is transferred to adult status (and any interlocutory appeal is exhausted), the juvenile is not entitled to any of the protections under the JDA, other than the prohibition on housing individuals under the age of 18 in a facility in which they have regular contact with adults.

After the transfer and any appeal, the case essentially begins anew as an adult prosecution, commencing with an indictment by the grand jury or other appropriate charging instrument.

A juvenile cannot be transferred to adult status “until any prior juvenile court records of such juvenile have been received by the court, or the clerk of the juvenile court has certified in writing that the juvenile has no prior record, or that the juvenile’s record is unavailable and why it is unavailable.” If the juvenile is not transferred to adult status, then a disposition hearing following a finding of delinquency cannot be held until the same certification is received. 18 U.S.C. § 5032.

[updated June 2024]

9-8.004 – Juvenile Justice and Prosecutorial Discretion

When assessing whether to pursue federal prosecution, prosecutors should be mindful of the unique status of juveniles in our criminal justice system. The U.S. Supreme Court has recognized that there are differences between adult and juvenile offenders such that “juvenile offenders cannot with reliability be classified among the worst offenders.” See Roper v. Simmons, 543 U.S. 551 (2005); Graham v. Florida, 560 U.S. 48 (2010). In Roper, the Court noted “three general differences between juveniles under 18 and adults,” including that juveniles have a “lack of maturity and . . . underdeveloped sense of responsibility,” that “juveniles are more vulnerable or susceptible to negative influences and outside pressures,” and that “the character of a juvenile is not as well formed as that of an adult.” 543 U.S. at 569-570. In Graham, the Supreme Court pointed out that “developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds. For example, parts of the brain involved in behavior control continue to mature through late adolescence.” 560 U.S. at 68. And in Miller v. Alabama, the Court highlighted that the “science and social science supporting Roper’s and Graham’s conclusions have become even stronger.” 567 U.S. 460, 472, n.5 (2012).

As with any matter, a prosecutor’s decision to commence or decline prosecution of a juvenile should be guided by the Principles of Federal Prosecution. See JM §§ 9-27.000  et seq.; see also 18 U.S.C. § 5032 (describing statutory limitations on federal prosecution of juveniles). In deciding whether to prosecute a matter federally, prosecutors should weigh all relevant considerations, including federal law enforcement priorities, the nature and seriousness of the offense, the deterrent effect of prosecution, the individual’s culpability in connection with the offense, the individual’s history with respect to criminal activity, the individual’s willingness to cooperate in the investigation or prosecution of others, the individual’s personal circumstances, the interests of any victims, and the probable disposition or other consequences. See JM § 9-27.230. Prosecutors have discretion to forgo the prosecution of a juvenile altogether in the interest of justice. Similarly, selective prosecution is not a denial of equal protection unless the selection is based on an unjustifiable standard such as race or religion. See United States v. Goodwin, 457 U.S. 368, 380 n. 11 (1982); Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978); Oyler v. Boles, 368 U.S. 448, 456 (1962).

In determining whether to pursue federal prosecution of a juvenile, the prosecutor should consider the availability of non-criminal sanctions related to a juvenile’s delinquent conduct. See JM § 9-27.250. For example, prosecutors may consider a non-prosecution agreement, or a civil judicial or administrative forfeiture action against property that a juvenile acquired through illegal activity. Where appropriate, prosecutors may also coordinate with the Department’s civil attorneys to seek an order enjoining a juvenile from certain illegal activity.

In addition, when evaluating cases involving a juvenile, prosecutors should consider whether any adults also participated in the illegal conduct and should face criminal charges. If an adult used or attempted to use someone under 18 to commit an offense, or to assist in avoiding detection of or apprehension for the offense, prosecutors should consider seeking federal prosecution of the adult and, if there is a conviction, consider seeking a sentencing enhancement under U.S.S.G. § 3B1.4 (Using a Minor to Commit a Crime). Where the offense was a crime of violence, prosecutors should also consider seeking enhanced penalties pursuant to 18 U.S.C. § 25 (Use of Minors in Crimes of Violence).

In rare cases—typically those implicating national security issues—a juvenile prosecution might require the use or review of classified material. In such situations, the prosecution team should seek guidance from the National Security Division as to whether prosecutors can better protect the classified material in a federal, as opposed to state, juvenile proceeding. (In any event, when filing terrorism or other national security-related charges against a juvenile, prosecutors must consult with and seek approval from the National Security Division. JM § 9-90.020.)

[updated June 2024]

9-8.005 – Certification

When initiating proceedings against a juvenile, either the United States Attorney or the Assistant Attorney General for the Criminal Division must personally certify the existence of at least one of the three statutory bases for seeking to exercise federal jurisdiction:

  1. Exclusive federal jurisdiction. The juvenile court or other appropriate state court does not have jurisdiction or refuses to assume jurisdiction over the juvenile with respect to the alleged act of juvenile delinquency. 18 U.S.C. § 5032 ⁋ 1.

  2. Absence of state programs and services. The state does not have available programs and services “adequate for the needs of juveniles.” Id.

  3. Substantial federal interest in charging certain specified offenses. The offense charged is a felony crime of violence or another offense specified in 18 U.S.C. § 5032 ⁋ 1 (e.g., 18 U.S.C. § 924(g) and 21 U.S.C. § 841); and there is a “substantial federal interest” that justifies the exercise of federal jurisdiction. 18 U.S.C. § 5032 ⁋ 1.

The determination of whether a basis for certification exists or if the case should be turned over to state authorities is committed to the United States Attorney in the district with jurisdiction and venue. For that reason, in situations where the juvenile was arrested prior to the commencement of federal proceedings, the United States Attorney or Assistant Attorney General should expeditiously determine whether there is a basis to file such a certification.

Consultation with state officials is especially important in determining the appropriate bases for proceeding. Some states consider persons to be adults for purposes of criminal prosecution at an age younger than 18, often depending on the alleged offense, and the availability of state remedies may affect the United States Attorney’s decision as to whether to proceed with a federal prosecution. For cases proceeding under the third of the three statutory bases listed above, the United States Attorney should determine whether there is a “substantial federal interest” based on the Principles of Federal Prosecution. See, e.g., JM § 9-27.230.

Although the JDA states that the Attorney General must certify the basis for federal jurisdiction, prosecutors should note that this authority has been delegated to the Assistant Attorney General for the Criminal Division and to United States Attorneys. When filing the certification with the court, prosecutors should attach a copy of the most recent delegation memorandum, which was issued by Assistant Attorney General Kenneth A. Polite, Jr. on July 20, 2023.

Prosecutors should also note that the JDA does not require a certification in one limited situation: when the juvenile is alleged to have committed the offense within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months. See 18 U.S.C. § 5032 ⁋ 1; see also S. Rep. No. 98-225, at 388. In addition, certification is not required for a juvenile to be brought before a judge for a removal hearing under Rule 40 of the Federal Rules of Criminal Procedure.

Prosecutors may not seek to place a juvenile in any pretrial diversion program without first ensuring compliance with both the law’s certification requirements and the Department’s pretrial diversion guidelines.

[updated June 2024]

9-8.006 – Notification and Advice of Rights

Law enforcement officers who arrest juveniles in federal cases must follow notification requirements mandated by 18 U.S.C. § 5033. These include advice to an arrested juvenile of constitutional rights and notice of the juvenile’s placement into custody to the United States Attorney and the juvenile’s parent(s) or custodian(s). The arresting officers must also notify the parent(s) or custodian(s) of the rights of the juvenile, and of the nature of the alleged offense. The Ninth Circuit has further held that when a juvenile is in custody, officers must advise parents of their rights to confer with the juvenile before the juvenile is interrogated. United States v. Wendy G., 255 F.3d 761, 767 (9th Cir. 2001).

[updated May 2024]

9-8.007 – Motion to Transfer to Adult Status

Under the JDA, there are three ways a juvenile’s case can move from a delinquency proceeding to an adult criminal prosecution: (1) a written waiver of juvenile status, upon advice of the juvenile’s counsel; (2) a discretionary transfer by the court in the interest of justice; or (3) a mandatory transfer by the court for certain repeat offenders.

As described below, the second and third avenues are typically initiated by a prosecutor filing a “motion to transfer.” 18 U.S.C. § 5032 ⁋ 4. Although a transfer may occur at any time prior to a determination of delinquency, such transfers are typically requested at or near the beginning of juvenile proceedings. The United States Attorney’s Office (USAO) should provide timely notification to the Violent Crime and Racketeering Section of the Criminal Division prior to authorizing the filing of such a motion. Depending on the subject matter of the case, the USAO may wish to—and in some cases must—provide notification to other Department offices or litigating components. See also JM § 9-8.001 (noting that JM approval, consultation, and notification requirements apply to juvenile prosecutions).

A motion to transfer will toll the 30-day speedy trial period for the juvenile proceedings. Therefore, once prosecutors have decided to move for transfer, they should file the motion promptly.

A. Discretionary transfer in the interest of justice. In certain circumstances, prosecutors can seek to transfer a juvenile to adult prosecution upon a judge’s finding that doing so is in the “interest of justice.” As a threshold matter, under the JDA, a discretionary transfer is available only for certain types of offenses, which vary depending on the juvenile’s age:

  • For acts committed after the juvenile’s 13th birthday: Any felony crime of violence in violation of 18 U.S.C. §§ 113(a), 113(b), 113(c), 1111, or 1113; or, if the juvenile possessed a firearm during the offense, any felony crime of violence in violation of 18 U.S.C. § 2111, 2113, 2241(a), or 2241(c); or

  • For acts committed after the juvenile’s 15th birthday: All felony crimes of violence, or certain other offenses as specified in 18 U.S.C. § 5032 ⁋ 4 (including offenses under 18 U.S.C. § 924(g) and 21 U.S.C. § 841).

(Prosecutors should be aware of an additional requirement if the offense occurred in Indian country: under the JDA, if (a) the juvenile committed the offense before their 15th birthday, (b) the juvenile is subject to the jurisdiction of a Tribal government, (c) federal jurisdiction for the offense is predicated solely on Indian country jurisdiction, as defined in 18 U.S.C. § 1151, and (d) the offense occurred within the boundary of such Indian country, then the juvenile cannot be transferred to adult status unless the juvenile’s Tribe has elected such treatment. See 18 U.S.C. § 5032 ⁋ 4.)

To prevail on a motion for a discretionary transfer, the prosecutor must establish—and the court must find—that such a transfer would be “in the interest of justice” based on the six factors outlined in 18 U.S.C. § 5032 ⁋ 5:

  • The age and social background of the juvenile;

  • The nature of the alleged offense, including the extent to which the juvenile played a leadership role in an organization, or otherwise influenced other persons to take part in criminal activities involving the use or distribution of controlled substances or firearms;

  • The extent and nature of the juvenile’s prior delinquency record;

  • The juvenile’s present intellectual development and psychological maturity;

  • The nature of past treatment efforts and the juvenile’s response to such efforts; and

  • The availability of programs designed to treat the juvenile’s behavioral problems.

Per 18 U.S.C. § 5032 ⁋ 5, the court must make oral or written findings on the record with regard to each of the six statutory factors.

B. Mandatory transfer for certain repeat offenders. The JDA mandates that the court transfer a juvenile to adult status in certain limited circumstances. To effectuate such a transfer, the prosecution should file a motion establishing that the following three statutory conditions are met:

  1. The offense occurred after the juvenile’s 16th birthday;

  2. The offense is a felony that either:

    1. Has as an element thereof the use, attempted use, or threatened use of physical force against the person of another, or that “by its very nature, involves a substantial risk that physical force against the person of another may be used in committing the offense” [1]; or

    2. Violates 18 U.S.C. §§ 32, 81, 844(d), 844(e), 844(f), 844(h), or 844(i); or 21 U.S.C. §§ 841(b)(1)(A)-(C), 841(d), 841(e), 952(a), 953, 959, or 960(b)(1)-(3); and

  3. The juvenile “has previously been found guilty” of any of the offenses supporting discretionary or mandatory transfer, or an equivalent state-law offense.

C. Procedural requirements for transfer hearings. The JDA establishes several procedural requirements regarding transfer hearings and related proceedings, including:

  • Reasonable notice of the transfer hearing must be given to the juvenile; the juvenile’s parent(s), guardian(s), or custodian(s); and the juvenile’s counsel. The juvenile must be assisted by counsel during the transfer hearing and at every other critical stage of the proceedings.

  • Statements made by a juvenile prior to or during a transfer hearing are not admissible at subsequent criminal prosecutions.

  • If a juvenile is transferred for prosecution and is convicted of a lesser charge that could not have supported the transfer, the disposition of the juvenile must proceed in the same manner as if the juvenile had been adjudicated delinquent rather than criminally convicted.

  • The government and the juvenile are each entitled to an interlocutory appeal on the transfer decision. During an interlocutory appeal, the juvenile is entitled to all the protections of the JDA while the appeal is pending.

[1] Prosecutors should exercise significant caution—and consult with their appellate unit or liaison—when considering whether to seek a mandatory transfer based solely on the theory that the predicate offense “by its very nature, involves a substantial risk that physical force against the person of another may be used in committing the offense,” 18 U.S.C. § 5032 ⁋ 4, given that the U.S. Supreme Court has found similar language unconstitutional in other contexts. See Johnson v. United States, 135 S. Ct. 2551 (2015); Sessions v. Dimaya, 138 S. Ct. 1204 (2018); and United States v. Davis, 139 S. Ct. 2319 (2019).

[updated June 2024]

9-8.008 – Confidentiality

The JDA prescribes procedures for robust protection of a juvenile’s privacy. Prosecutors must be mindful of these statutory protections at all stages of a juvenile matter, particularly in hybrid cases where juveniles are alleged to be involved in crime committed with adults who are not afforded the same level of confidentiality. Any references to a juvenile in an adult matter must comply with the privacy protections afforded the juvenile under the JDA.

Once a determination is made to proceed against a juvenile, the entire proceeding is subject to the limitations set forth in 18 U.S.C. § 5038, which forbid disclosure of the identity of the juvenile, as well as information and records related to the juvenile proceedings, to anyone except the court, the prosecuting authorities, the juvenile’s counsel, and others specifically authorized to receive such records. 18 U.S.C. § 5038. The usual methods of complying with these limitations include filing documents in the case under seal, using an anonymized identifier to describe the juvenile (such as “Male Juvenile” or “Juvenile-1”) in any pleadings, and conducting proceedings in a closed courtroom or in chambers, without public access. United States v. A.D., 28 F.3d 1353 (3d Cir. 1994). Furthermore, all proceedings pertaining to the juvenile should not be placed on the court’s published docketing calendar that is accessible to the general public.

18 U.S.C. § 5038(d) provides for the routine fingerprinting and photographing of juveniles prosecuted as adults and juveniles adjudicated delinquent with respect to offenses that are felonies involving violence or serious drug crimes. Fingerprints and photographs of juveniles not prosecuted as adults that were obtained for specific investigative purposes may be made available only in accordance with the provisions of 18 U.S.C. § 5038(a).

[updated June 2024]

9-8.009 – Speedy Trial

A juvenile has a right to a prompt arraignment and a speedy trial. 18 U.S.C. § 5036. Juveniles detained pending adjudication must be brought to trial within 30 days from the date the detention began. Id. Violations of the speedy trial provision that are not in the “interest of justice” or at the request or cause of the defense, can result in dismissal of the information on motion of the juvenile or at the discretion of the court. Id. Thus, it is imperative that prosecutors plan in advance to try the case within the abbreviated timeline or justify any delay.

The law does not authorize jury trials for juveniles. McKeiver v. Pennsylvania, 403 U.S. 528 (1971).

[updated June 2024]

9-8.010 – United States Marshals Involvement

The JDA prohibits juvenile detention in a place where juveniles would have regular contact with adults. 18 U.S.C. § 5035. In addition, the law requires that every juvenile in custody be provided with adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, education and medical care, including necessary psychiatric, psychological, or other care and treatment.

When a juvenile is arrested or the United States will seek pretrial detention, the local U.S. Marshal is responsible for determining the availability of local juvenile bed space. To provide time for preparation and coordination, prosecutors are strongly encouraged to contact the U.S. Marshals Service prior to initiating a juvenile case.

[updated June 2024]

9-8.011 – United States Probation Supervision and Resources

In many instances, the government will not seek to detain a juvenile and will need to work closely with the U.S. Probation and Pretrial Services System (an arm of the U.S. District Court) to locate housing and services in the local community for the juvenile pending trial and/or disposition.

[updated June 2024]

9-8.012 – Bureau of Prisons Resources

There are no federal facilities for juveniles, but the JDA provides the Attorney General with authority, delegated to the Bureau of Prisons (BOP), to contract with private or public agencies, or individuals, for bed space in detention or community-based facilities such as halfway houses or foster homes.

The Bureau of Prisons currently contracts with three state or local facilities in which juveniles may be housed following a finding of juvenile delinquency under the JDA. These contracted facilities are located in Texas, South Dakota, and Pennsylvania.

[updated June 2024]