Page:United States Statutes at Large Volume 116 Part 3.djvu/305

This page needs to be proofread.

PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1897 (ii) by inserting after "official detention" the following: "which may include a term of juvenile delinquent supervision to follow detention"; and (B) by inserting after the second sentence the following: "In addition, the court may enter an order of restitution pursuant to section 3556."; (2) in subsection (b)— (A) by striking the last sentence; and (B) by adding at the end the following: "The provisions dealing with probation set forth in sections 3563 and 3564 are applicable to an order placing a juvenile on probation. If the juvenile violates a condition of probation at any time prior to the expiration or termination of the term of probation, the court may, after a dispositional hearing and after considering any pertinent policy statements promulgated by the Sentencing Commission pursuant to section 994 of title 28, revoke the term of probation and order a term of official detention. The term of official detention authorized upon revocation of probation shall not exceed the terms authorized in section 5037(c)(2)(A) and (B). The application of sections 5037(c)(2)(A) and (B) shall be determined based upon the age of the juvenile at the time of the disposition of the revocation proceeding. If a juvenile is over the age of 21 years old at the time of the revocation proceeding, the mandatory revocation provisions of section 3565(b) are applicable. A disposition of a juvenile who is over the age of 21 years shall be in accordance with the provisions of section 5037(c)(2), except that in the case of a juvenile who if convicted as an adult would be convicted of a Class A, B, or C felony, no term of official detention may continue beyond the juvenile's 26th birthday, and in any other case, no term of official detention may continue beyond the juvenile's 24th birthday. A term of official detention may include a term of juvenile delinquent supervision. "; (3) in subsection (c)(1)— (A) in subparagraph (A), by striking "or"; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: "(B) the maximum of the guideline range, pursuant to section 994 of title 28, applicable to an otherwise similarly situated adult defendant unless the court finds an aggravating factor to warrant an upward departure from the otherwise applicable guideline range; or"; (4) in subsection (c)(2)(A), by striking "five years; or" and inserting: "the lesser of— "(i) five years; or "(ii) the maximum of the guideline range, pursuant to section 994 of title 28, applicable to an otherwise similarly situated adult defendant unless the court finds an aggravating factor to warrant an upward departure from the otherwise applicable guideline range; or"; (5) in subsection (c)(2)(B)— (A) in clause (i), by striking "or"; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following: "(ii) the maximum of the guideline range, pursuant to section 994 of title 28, applicable to an otherwise