(G)  Speedy Trial Considerations.  As with all federal criminal cases, the prosecution must comply with speedy trial provisions for juveniles facing federal juvenile delinquency proceedings.  A judge must dismiss the charges if the United States does not bring an alleged delinquent to trial within “thirty days from the date upon which such detention was begun.” [38]  The circuits are split on whether any federal detention should start this clock.  The Fifth Circuit begins counting time for speedy trial purposes when a minor is taken into federal custody,[39] including immigration detention. In the Fourth Circuit, the time does not begin to run until the prosecution begins juvenile delinquency proceedings.[40]  Although the juveniles were in federal immigration custody, the court distinguished between INS custody and criminal detention by the U.S. Marshal Service for juveniles with pending juvenile delinquency proceedings.[41]

 

[38] 18 U.S.C. § 5036.

[39] United States v. Doe, 882 F.2d 926, 928 (5th Cir. 1989) (“detention” under 18 U.S.C. § 5036 begins when federal authorities initially restrain juvenile’s liberty).

[40] United States v. Juvenile Male, 74 F.3d 526, 529 (4th Cir. 1996).

[41] Id. at 530.

Other

DETENTION - JUVENILES
New ICE family residential detention standards, Jan. 11, 2008. http://www.ice.gov/pi/familyresidential/index.htm