§ 5022. Applicable date. tionally under supervision not later than two years before the expiration of the term imposed by the court. He may be discharged unconditionally at the expiration of not less than one year from the date of his conditional release. He shall be discharged unconditionally on or before the expiration of the maximum sentence imposed, computed uninterruptedly from the date of conviction. (e) Commutation of sentence authorized by any Act of Congress shall not be granted as a matter of right to committed youth offenders but only in accordance with rules prescribed by the Director with the approval of the Division. (Added Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1088.) $5018. Revocation of Division orders. The Division may revoke or modify any of its previous orders respecting a committed youth offender except an order of unconditional discharge. (Added Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1089.) § 5019. Supervision of released youth offenders. Committed youth offenders permitted to remain at liberty under supervision or conditionally released shall be under the supervision of United States probation officers, supervisory agents appointed by the Attorney General, and voluntary supervisory agents approved by the Division. The Division is authorized to encourage the formation of voluntary organizations composed of members who will serve without compensation as voluntary supervisory agents and sponsors. The powers and duties of voluntary supervisory agents and sponsors shall be limited and defined by regulations adopted by the Division. (Added Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1089.) § 5020. Apprehension of released offenders. If, at any time before the unconditional discharge of a committed youth offender, the Division is of the opinion that such youth offender will be benefited by further treatment in an institution or other facility any member of the Division may direct his return to custody or if necessary may issue a warrant for the apprehension and return to custody of such youth offender and cause such warrant to be executed by a United States probation officer, an appointed supervisory agent, a United States marshal, or any officer of a Federal penal or correctional institution. Upon return to custody, such youth offender shall be given an opportunity to appear before the Division or a member thereof. The Division may then or at its discretion revoke the order of conditional release. (Added Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1089.) § 5021. Certificate setting aside conviction. Upon the unconditional discharge by the Division of a committed youth offender before the expiration of the maximum sentence imposed upon him, the conviction shall be automatically set aside and the Division shall issue to the youth offender a certificate to that effect. (Added Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1089.) This chapter shall not apply to any offense committed before its enactment. (Added Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1089.) § 5023. Relationship to Probation and Juvenile Delinquency Acts. (a) Nothing in this chapter shall limit or affect the power of any court to suspend the imposition or execution of any sentence and place a youth offender on probation or be construed in any wise to amend, repeal, or affect the provisions of chapter 231 of this title or the Act of June 25, 1910 (ch. 433, 36 Stat. 864), as amended (ch. 1, title 24, of the D. of C. Code), both relative to probation. (b) Nothing in this chapter shall be construed in any wise to amend, repeal, or affect the provisions of chapter 403 of this title (the Federal Juvenile Delinquency Act), or limit the jurisdiction of the United States courts in the administration and enforcement of that chapter except that the powers as to parole of juvenile delinquents shall be exercised by the Division. (c) Nothing in this chapter shall be construed in any wise to amend, repeal, or affect the provisions of the Juvenile Court Act of the District of Columbia (ch. 9, title 11, of the D. of C. Code). (Added Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1089, amended Apr. 8, 1952, ch. 163, § 1, 66 Stat. 45.) AMENDMENTS 1952 Subsec. (a) amended by act Apr. 8, 1952 to provide that nothing in this chapter was to affect chapter 1, title 24 of the District of Columbia Code. Subsec. (c) added by act Apr. 8, 1952. § 5024. Where applicable. This chapter shall apply in the continental United States other than Alaska, and to youth offenders convicted in the District of Columbia of offenses under any law of the United States not applicable exclusively to such District, and to other youth offenders convicted in the District to the extent authorized under section 5025. (Added Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1089, amended Apr. 8, 1952, ch. 163, § 2, 66 Stat. 45.) AMENDMENTS 1952-Act Apr. 8, 1952 amended section to make the provisions of the chapter applicable to the District of Columbia with specified limitations. § 5025. Applicability to District of Columbia prisoners. § 5026. Parole of other offenders not affected. Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 921 (June 16, 1938, ch. 486, § 1, 52 Stat. 764). The phrase "who has not attained his eighteenth birthday" was substituted for "seventeen years of age or under" as more clearly reflecting congressional intent and administrative construction. The necessity of a definite fixing of the age of the juvenile was emphasized by Hon. Arthur J. Tuttle, United States district judge, Detroit, Mich., in a letter to the Committee on Revision of the Laws dated June 24, 1944. Words "an offense against the" was changed to "the violation of a" without change of substance. Minor change was made in translation of section references to "this chapter". § 5032. Proceeding against juvenile delinquent. A juvenile alleged to have committed one or more acts in violation of a law of the United States not punishable by death or life imprisonment, and not surrendered to the authorities of a state, shall be proceeded against as a juvenile delinquent if he consents to such procedure, unless the Attorney General, in his discretion, has expressly directed otherwise. In such event the juvenile shall be proceeded against by information and no criminal prosecution shall be instituted for the alleged violation. 25, 1948, ch. 645, § 1, 62 Stat. 857.) LEGISLATIVE HISTORY (June Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 922 (June 16, 1938, ch. 486, § 2, 52 Stat. 765). Changes were made in arrangement and phraseology. The final sentence of said section 922 of title 18, U. S. C., 1940 ed., was incorporated in section 5033 of this title. § 5033. Jurisdiction; written consent; jury trial precluded. District Courts of the United States shall have jurisdiction of proceedings against juvenile delinquents. For such purposes, the court may be convened at any time and place within the district, in chambers or otherwise. The proceeding shall be without a jury. The consent required to be given by the juvenile shall be given by him in writing before a Judge of the District Court of the United States having cognizance of the alleged violation, who shall fully apprise the juvenile of his rights and of the consequences of such consent. Such consent shall be deemed a waiver of a trial by jury. (June 25, 1948, ch. 645, § 1, 62 Stat. 857.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 922, 923 (June 16, 1938, ch. 486, §§ 2, 3, 52 Stat. 765). This section consolidates said section 923, and the final sentence of said section 922, of title 18, U. S. C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation. This revised section and section 5032 of this title were rewritten to make clear the legislative intent that a juvenile delinquency proceeding shall result in the adjudication of a status rather than the conviction of a crime. The other provisions of said section 922 are incorporated in section 5032 of this title. § 5034. Probation; commitment to custody of Attorney General; support. If the court finds a juvenile to be a delinquent, it may place him on probation for a period not exceeding his minority, or commit him to the custody of the Attorney General for a like period. Such commitment shall not exceed the term which might have been imposed had he been tried and convicted of the alleged violation. The Attorney General may designate any public or private agency or foster home for the custody, care, subsistence, education, and training of the juvenile during the period for which he was committed. The cost of such custody and care may be paid from the appropriation for "Support of United States prisoners" or such other appropriation as the Attorney General may designate. (June 25, 1948, ch. 645, § 1, 62 Stat. 858.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 924 (June 16, 1938, ch. 486, § 4, 52 Stat. 765). 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. The reference to particular sections dealing with probation was omitted as unnecessary. Changes were made in phraseology and arrangement. § 5035. Arrest, detention and bail. Whenever a juvenile is arrested for an alleged violation of any law of the United States, the arresting officer shall immediately notify the Attorney General. If the juvenile is not forthwith taken before a committing magistrate, he may be detained in such juvenile home or other suitable place of detention as the Attorney General may designate for such purposes, but shall not be detained in a jail or similar place of detention, unless, in the opinion of the arresting officer, such detention is necessary to secure the custody of the juvenile, or to insure his safety or that of others. In no case shall such detention be for a longer period than is necessary to produce the juvenile before a committing magistrate. 1 The committing magistrate may release the juvenile on bail, upon his own recognizance or that of some responsible person, or in default of bail may commit him to the custody of the United States marshal, who shall lodge him in such juvenile home or other suitable place of detention as the Attorney General may designate for that purpose. The juvenile shall not be committed to a jail or other similar institution, unless in the opinion of the marshal it appears that such commitment is necessary to secure the custody of the juvenile or to insure his safety or that of others. A juvenile detained in a jail or similar institution shall be held in custody in a room or other place apart from adults if facilities for such segregation are available. (June 25, 1948, ch. 645, § 1, 62 Stat. 858.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 925 (June 16, 1938, ch. 486, § 5, 52 Stat. 765). Minor changes were made in arrangement and phraseology. CROSS REFERENCES Power of committing magistrates generally, see section 3041 of this title. § 5036. Contracts for support; payment. The Director of the Bureau of Prisons may contract with public or private agencies or foster homes for the custody, care, subsistence, education, and training of juvenile delinquents and may defray the cost of such custody, care, subsistence, education, and training from the appropriation for "Support of United States prisoners" or such other appropriation as the Attorney General may designate. (June 25, 1948, ch. 645, § 1, 62 Stat. 858.) LEGISLATIVE HISTORY Reviser's Note.-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. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees. § 5037. Parole. A juvenile delinquent who has been committed and who, by his conduct, has given sufficient evidence that he has reformed, may be released on parole at any time under such conditions and regulations as the Board of Parole deems proper if it shall appear to the satisfaction of such Board that there is reasonable probability that the juvenile will remain at liberty without violating the law. (June 25, 1948, ch. 645, § 1, 62 Stat. 858.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 927 (June 16, 1938, ch. 486, § 7, 52 Stat. 766). Reference to section establishing the Board of Parole was omitted as unnecessary. Minor changes were made in phraseology. EXCEPTION FROM TRANSFER OF FUNCTIONS Functions of the Board of Parole were not included in the transfer of functions of officers, agencies and employees of the Department of Justice to the Attorney General, made by 1950 Reorg. Plan No. 2, § 1, eff. May 24, 1950, 15 F. R. 3173, 64 Stat. 1261, set out in note under section 291 of Title 5, Executive Departments and Government Officers and Employees. CROSS REFERENCES Board of Parole established, see section 4201 of this title. 16. Special agents in foreign territory. Examiners at New York. Rules and forms prescribed by Secretary. Canadian and Mexican borders; cooperation by Secretary of Treasury and Attorney General; erection of buildings. Same; erection of protective gates and fences across and around roads crossing borders. Obstruction of revenue officers by masters of vessels. § 1. Organization of customs service. CODIFICATION Section, act Aug. 24, 1912, ch. 355, § 1, 37 Stat. 434, related to organization of customs service and is now covered by sections 281-281b of Title 5, Executive Departments and Government Officers and Employees. § 2. Rearrangement and limitation of districts; changing locations. The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise, the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead: Provided, That the whole number of customs-collection districts, ports of entry, or either of them, shall at no time be made to exceed those established and authorized as on August 1, 1914, except as the same may thereafter be provided by law. The collector of customs of each customs-collection district shall be officially designated by the number of the district for which he is appointed and not by the name of the port where the headquarters are situated and the President is authorized from time to time to change the location of the headquarters in any customs-collection district as the needs of the service may require. (Aug. |