BOP Program Statement 5216.06 § 3

a. Confinement of a Juvenile Under 18. Any juvenile who has not attained his or her 18th

birthday shall be confined as follows:

1) Limitation. Any juvenile who has not attained his or her 18th birthday normally is to

be placed in a juv enile facility. Title 18 U.S.C. § 5039 states:

“No juvenile committed...to the custody of the Attorney General may be placed or

retained in an adult jail or correctional institution in which he has regular contact

with adults incarcerated because they ha ve been convicted of a crime or are

awaiting trial on criminal charges. ”

Juveniles may be placed in facilities for youthful offenders, such as those operated by

the California Youth Authority, where they may have regular contact with youthful

offenders wh o are serving state-imposed adult sentences.

Placement in a Residential Reentry Center (RRC) which also houses adults is to be

considered only for those juveniles ordered by the court to reside in a RRC as a

condition of probation.

2) Placement Alternatives. A juvenile who has not attained his or her 18th birthday is to

be placed in a juvenile facility which has an appropriate level of programming and

security.

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18 U.S.C. § 5039 specifies that, when possible, a juvenile shall be committed:

“[T]o a foster home or community-based facility located in or near the home

community. ”

A Bureau institution may not be designated for a juvenile who has not attained his or

her 18th birthday unless that institution can ensure that the juvenile will not have

regular contact with adult s. Due to the many requirements for housing them, juveniles

are housed in contract juvenile facilities, not in Bureau institutions.

b. Confinement of 18-to-21 Year-Old Juveniles. Confinement of any juvenile who has

attained his or her 18th birthday but has not attained his or her 21st birthday shall be as follows:

1) For a juvenile who is sentenced as an adult pursuant to 18 U.S.C. § 5032, an institu tion

must be designated in accordance with the Program Statement Inmate Security

Designation and Custody Classification.

2) For a juvenile who has no federal adult sentences and is found delinquent, placement is

to be in accordance with the procedures in Sec tion 3 for persons under 18.

3) If all concurrent federal adult sentences are less than the juvenile sentence, the inmate

is to be treated as a juvenile for institution designation.

4) If any concurrent federal adult sentence is equal to or greater than the juvenile

commitment, the adult sentence must take precedence for designation of an institution,

and the Bureau must notify the court which imposed the juvenile sentence that the

federal adult sentence is to take precedence regarding institution designation.

5) If there is a consecutive federal adult sentence, the inmate is to continue to be treated as

a juvenile for institution designation while serving the juvenile sentence. When the

juvenile sentence expires, designation is to be accomplished as described in Section 3.

c. Change in Placement. When a juvenile sentenced as an adult attains his or her 18th

birthday or a juvenile sentenced as a juvenile attains his or her 21st birthday:

1) A Bureau institution may be designated, treating that juvenile as an adult, in accordance

with the Program Statement Inmate Security Designation and Custody Classification,

or

2) The juvenile may remain in a contract juvenile facility for continuity of progr am

participation.

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4. PLACEMENT OF A JUVENILE. Juveniles are a special population with s pecial

designation needs. Each should be placed in a facility that provides the appropriate level of

programming and security.

The following factors should be considered when making a placement:

■ age;

■ offense behavior, including violence and weapons involved in the offense;

■ length of commitment;

■ prior record;

■ adjustment during prior commitments;

■ mental and physical health;

■ special needs;

■ Central Inmate Monitoring assignments; and

■ the safety of the community.

The Residential Reentry Manager (RRM) who is responsible for a juvenile facility is

knowledgeable about that facility and can determine if a particular juvenile will fit that

facility’s security and program capabilities.

A RRM requesting a designation for a juvenile shall work with the Management Center

Administrator and other RRMs to identify the most appropriate facility to designate for the

juvenile.

In all cases the Program Statement Central Inmate Monitoring System must be followed.