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

2. 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. 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]