                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                PART IV--CORRECTION OF YOUTHFUL OFFENDERS
 
                    CHAPTER 403--JUVENILE DELINQUENCY
 
Sec. 5037. Dispositional hearing

    (a) If the court finds a juvenile to be a juvenile delinquent, the 
court shall hold a disposition hearing concerning the appropriate 
disposition no later than twenty court days after the juvenile 
delinquency hearing unless the court has ordered further study pursuant 
to subsection (d). After the disposition hearing, and after considering 
any pertinent policy statements promulgated by the Sentencing Commission 
pursuant to 28 U.S.C. 994, the court may suspend the findings of 
juvenile delinquency, enter an order of restitution pursuant to section 
3556, place him on probation, or commit him to official detention. With 
respect to release or detention pending an appeal or a petition for a 
writ of certiorari after disposition, the court shall proceed pursuant 
to the provisions of chapter 207.
    (b) The term for which probation may be ordered for a juvenile found 
to be a juvenile delinquent may not extend--
        (1) in the case of a juvenile who is less than eighteen years 
    old, beyond the lesser of--
            (A) the date when the juvenile becomes twenty-one years old; 
        or
            (B) the maximum term that would be authorized by section 
        3561(c) if the juvenile had been tried and convicted as an 
        adult; or

        (2) in the case of a juvenile who is between eighteen and 
    twenty-one years old, beyond the lesser of--
            (A) three years; or
            (B) the maximum term that would be authorized by section 
        3561(c) if the juvenile had been tried and convicted as an 
        adult.

The provisions dealing with probation set forth in sections 3563, 3564, 
and 3565 are applicable to an order placing a juvenile on probation.
    (c) The term for which official detention may be ordered for a 
juvenile found to be a juvenile delinquent may not extend--
        (1) in the case of a juvenile who is less than eighteen years 
    old, beyond the lesser of--
            (A) the date when the juvenile becomes twenty-one years old; 
        or
            (B) the maximum term of imprisonment that would be 
        authorized if the juvenile had been tried and convicted as an 
        adult; or

        (2) in the case of a juvenile who is between eighteen and 
    twenty-one years old--
            (A) who if convicted as an adult would be convicted of a 
        Class A, B, or C felony, beyond five years; or
            (B) in any other case beyond the lesser of--
                (i) three years; or
                (ii) the maximum term of imprisonment that would be 
            authorized if the juvenile had been tried and convicted as 
            an adult.

Section 3624 is applicable to an order placing a juvenile under 
detention.
    (d) If the court desires more detailed information concerning an 
alleged or adjudicated delinquent, it may commit him, after notice and 
hearing at which the juvenile is represented by counsel, to the custody 
of the Attorney General for observation and study by an appropriate 
agency. Such observation and study shall be conducted on an out-patient 
basis, unless the court determines that inpatient observation and study 
are necessary to obtain the desired information. In the case of an 
alleged juvenile delinquent, inpatient study may be ordered only with 
the consent of the juvenile and his attorney. The agency shall make a 
complete study of the alleged or adjudicated delinquent to ascertain his 
personal traits, his capabilities, his background, any previous 
delinquency or criminal experience, any mental or physical defect, and 
any other relevant factors. The Attorney General shall submit to the 
court and the attorneys for the juvenile and the Government the results 
of the study within thirty days after the commitment of the juvenile, 
unless the court grants additional time.

(June 25, 1948, ch. 645, 62 Stat. 858; Pub. L. 93-415, title V, 
Sec. 507, Sept. 7, 1974, 88 Stat. 1136; Pub. L. 98-473, title II, 
Sec. 214(a), Oct. 12, 1984, 98 Stat. 2013; Pub. L. 99-646, Sec. 21(a), 
Nov. 10, 1986, 100 Stat. 3596; Pub. L. 104-294, title VI, 
Sec. 604(b)(40), Oct. 11, 1996, 110 Stat. 3509.)


                      Historical and Revision Notes

    Based on title 18, U.S.C., 1940 ed., Sec. 927 (June 16, 1938, ch. 
486, Sec. 7, 52 Stat. 766).
    Reference to section establishing the Board of Parole was omitted as 
unnecessary.
    Minor changes were made in phraseology.


                               Amendments

    1996--Subsec. (b)(1)(B), (2)(B). Pub. L. 104-294 substituted 
``section 3561(c)'' for ``section 3561(b)''.
    1986--Subsec. (a). Pub. L. 99-646, Sec. 21(a)(1), substituted 
``subsection (d)'' for ``subsection (e)''.
    Subsec. (c). Pub. L. 99-646, Sec. 21(a)(2)-(4), struck out ``by 
section 3581(b)'' after ``would be authorized'' in pars. (1)(B) and 
(2)(B)(ii), and inserted provision that section 3624 is applicable to an 
order placing a juvenile under detention.
    1984--Pub. L. 98-473 substituted subsecs. (a) to (c) for former 
subsecs. (a) and (b) and redesignated former subsec. (c) as (d). Prior 
to amendment, subsecs. (a) and (b) read as follows:
    ``(a) If a juvenile is adjudicated delinquent, a separate 
dispositional hearing shall be held no later than twenty court days 
after trial unless the court has ordered further study in accordance 
with subsection (c). Copies of the presentence report shall be provided 
to the attorneys for both the juvenile and the Government a reasonable 
time in advance of the hearing.
    ``(b) The court may suspend the adjudication of delinquency or the 
disposition of the delinquent on such conditions as it deems proper, 
place him on probation, or commit him to the custody of the Attorney 
General. Probation, commitment, or commitment in accordance with 
subsection (c) shall not extend beyond the juvenile's twenty-first 
birthday or the maximum term which could have been imposed on an adult 
convicted of the same offense, whichever is sooner, unless the juvenile 
has attained his nineteenth birthday at the time of disposition, in 
which case probation, commitment, or commitment in accordance with 
subsection (c) shall not exceed the lesser of two years or the maximum 
term which could have been imposed on an adult convicted of the same 
offense.''
    1974--Pub. L. 93-415 amended section generally, substituting 
``Dispositional hearing'' for ``Parole'' in section catchline and 
striking out provisions relating to parole.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 
604(d) of Pub. L. 104-294, set out as a note under section 13 of this 
title.


                    Effective Date of 1986 Amendment

    Section 21(b) of Pub. L. 99-646 provided that: ``The amendments made 
by this section [amending this section] shall take effect on the date 
the amendments made by such section 214 [of Pub. L. 98-473] take effect 
[Nov. 1, 1987].''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable 
only to offenses committed after the taking effect of such amendment, 
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date 
note under section 3551 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5032, 5038 of this title.
