Title 18 -- Crimes and Criminal Procedure


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    18 USC PART III - PRISONS AND PRISONERS                      01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    .
 
-HEAD-
    PART III - PRISONS AND PRISONERS
 
-MISC1-
    Chap.                                                           Sec.
    301.  General provisions                                        4001
    303.  Bureau of Prisons                                         4041
    305.  Commitment and transfer                                   4081
    306.  Transfer to or from foreign countries                     4100
    307.  Employment                                                4121
    (309.  Repealed.)
    (311.  Repealed.)
    313.  Offenders with mental disease or defect                   4241
    (314.  Repealed.)
    315.  Discharge and release payments                            4281
    317.  Institutions for women                                    4321
    319.  National Institute of Corrections                         4351
                                 AMENDMENTS
      1990 - Pub. L. 101-647, title XXXV, Sec. 3597, Nov. 29, 1990, 104
    Stat. 4931, added items 306 and 319.
      1984 - Pub. L. 98-473, title II, Sec. 218(d), Oct. 12, 1984, 98
    Stat. 2027, in items 309, 311, and 314 substituted ''Repealed'' for
    ''Good time allowances'', ''Parole'', and ''Narcotic addicts'',
    respectively.
      Pub. L. 98-473, title II, Sec. 403(b), Oct. 12, 1984, 98 Stat.
    2067, substituted ''Offenders with mental disease or defect'' for
    ''Mental defectives'' in item 313.
      1966 - Pub. L. 89-793, title VI, Sec. 603, Nov. 8, 1966, 80 Stat.
    1450, added item 314.
 
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    18 USC CHAPTER 301 - GENERAL PROVISIONS                      01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
    .
 
-HEAD-
    CHAPTER 301 - GENERAL PROVISIONS
 
-MISC1-
    Sec.
    4001. Limitation on detention; control of prisons.
    4002. Federal prisoners in State institutions; employment.
    4003. Federal institutions in States without appropriate
      facilities.
    4004. Oaths and acknowledgments.
    4005. Medical relief; expenses.
    4006. Subsistence for prisoners.
    4007. Expenses of prisoners.
    4008. Transportation expenses.
    4009. Appropriations for sites and buildings.
    4010. Acquisition of additional land.
    4011. Disposition of cash collections for meals, laundry, etc.
    4012. Summary seizure and forfeiture of prison contraband.
    4013. Support of United States prisoners in non-Federal
      institutions.
    4014. Testing for human immunodeficiency virus.
                                 AMENDMENTS
      1998 - Pub. L. 105-370, Sec. 2(b), Nov. 12, 1998, 112 Stat. 3375,
    added item 4014.
      1988 - Pub. L. 100-690, title VII, Sec. 7608(d)(2), Nov. 18,
    1988, 102 Stat. 4517, added item 4013.
      1984 - Pub. L. 98-473, title II, Sec. 1109(e), Oct. 12, 1984, 98
    Stat. 2148, added item 4012.
      1971 - Pub. L. 92-128, Sec. 1(c), Sept. 25, 1971, 85 Stat. 347,
    substituted ''Limitation on detention; control of prisons'' for
    ''Control by Attorney General'' in item 4001.
      1966 - Pub. L. 89-554, Sec. 3(e), Sept. 6, 1966, 80 Stat. 610,
    added items 4010 and 4011.
 
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    18 USC Sec. 4001                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4001. Limitation on detention; control of prisons
 
-STATUTE-
      (a) No citizen shall be imprisoned or otherwise detained by the
    United States except pursuant to an Act of Congress.
      (b)(1) The control and management of Federal penal and
    correctional institutions, except military or naval institutions,
    shall be vested in the Attorney General, who shall promulgate rules
    for the government thereof, and appoint all necessary officers and
    employees in accordance with the civil-service laws, the
    Classification Act, as amended, and the applicable regulations.
      (2) The Attorney General may establish and conduct industries,
    farms, and other activities and classify the inmates; and provide
    for their proper government, discipline, treatment, care,
    rehabilitation, and reformation.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 847; Pub. L. 92-128, Sec. 1(a),
    (b), Sept. 25, 1971, 85 Stat. 347.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1934 ed., Sec. 741 and 753e (Mar. 3,
    1891, ch. 529, Sec. 1, 4, 26 Stat. 839; May 14, 1930, ch. 274, Sec.
    6, 46 Stat. 326).
      This section consolidates said sections 741 and 753e with such
    changes of language as were necessary to effect consolidation.
      ''The Classification Act, as amended,'' was inserted more clearly
    to express the existing procedure for appointment of officers and
    employees as noted in letter of the Director of Bureau of Prisons,
    June 19, 1944.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The civil-service laws, referred to in subsec. (b)(1), are set
    forth in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      The Classification Act, as amended, referred to in subsec.
    (b)(1), originally was the Classification Act of 1923, Mar. 4,
    1923, ch. 265, 42 Stat. 1488, as amended, which was repealed by
    section 1202 of the Classification Act of 1949, Oct. 28, 1949, ch.
    782, 63 Stat. 972. Section 1106(a) of the 1949 Act provided that
    references in other laws to the Classification Act of 1923 shall be
    held and considered to mean the Classification Act of 1949. The
    Classification Act of 1949 was in turn repealed by Pub. L. 89-554,
    Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first
    section thereof as chapter 51 and subchapter III of chapter 53 of
    Title 5.
 
-MISC2-
                                 AMENDMENTS
      1971 - Pub. L. 92-128, Sec. 1(b), substituted ''Limitation on
    detention; control of prisons'' for ''Control by Attorney General''
    in section catchline.
      Subsec. (a). Pub. L. 92-128, Sec. 1(a), added subsec. (a).
      Subsec. (b). Pub. L. 92-128, Sec. 1(a), designated existing first
    and second pars. as pars. (1) and (2) of subsec. (b).
                       SHORT TITLE OF 1998 AMENDMENT
      Pub. L. 105-370, Sec. 1, Nov. 12, 1998, 112 Stat. 3374, provided
    that: ''This Act (enacting section 4014 of this title and
    provisions set out as a note under section 4042 of this title) may
    be cited as the 'Correction Officers Health and Safety Act of
    1998'.''
                    FEE TO RECOVER COST OF INCARCERATION
      Pub. L. 102-395, title I, Sec. 111(a), Oct. 6, 1992, 106 Stat.
    1842, provided that:
      ''(1) For fiscal year 1993 and thereafter the Attorney General
    shall establish and collect a fee to cover the costs of confinement
    from any person convicted in a United States District Court and
    committed to the Attorney General's custody.
      ''(2) Such fee shall be equivalent to the average cost of one
    year of incarceration, and the Attorney General shall credit or
    rebate a prorated portion of the fee with respect to any such
    person incarcerated for 334 days or fewer in a given fiscal year.
      ''(3) The calculation of the number of days of incarceration in a
    given fiscal year for the purpose of such fee shall include time
    served prior to conviction.
      ''(4) The Attorney General shall not collect such fee from any
    person with respect to whom a fine was imposed or waived by a judge
    of a United States District Court pursuant to section 5E1.2(f) and
    (i) of the United States Sentencing Guidelines, or any successor
    provisions.
      ''(5) In cases in which the Attorney General has authority to
    collect the fee, the Attorney General shall have discretion to
    waive the fee or impose a lesser fee if the person under
    confinement establishes that (1) he or she is not able and, even
    with the use of a reasonable installment schedule, is not likely to
    become able to pay all or part of the fee, or (2) imposition of a
    fine would unduly burden the defendant's dependents.
      ''(6) For fiscal year 1993 only, fees collected in accordance
    with this section shall be deposited as offsetting receipts to the
    Treasury.
      ''(7) For fiscal year 1994 and thereafter, fees collected in
    accordance with this section shall be deposited as offsetting
    collections to the appropriation Federal Prison System, 'Salaries
    and expenses', and shall be available, inter alia, to enhance
    alcohol and drug abuse prevention programs.''
        USE OF INACTIVE DEPARTMENT OF DEFENSE FACILITIES AS PRISONS
      Pub. L. 95-624, Sec. 9, Nov. 9, 1978, 92 Stat. 3463, provided
    that: ''The Attorney General shall consult with the Secretary of
    Defense in order to develop a plan to assure that such suitable
    facilities as the Department of Defense operates which are not in
    active use shall be made available for operation by the Department
    of Justice for the confinement of United States prisoners.  Such
    plan shall provide for the return to the management of the
    Department of Defense of any such facility upon a finding by the
    Secretary of Defense that such return is necessary to the operation
    of the Department.''
 
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    18 USC Sec. 4002                                             01/23/00
 
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    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4002. Federal prisoners in State institutions; employment
 
-STATUTE-
      For the purpose of providing suitable quarters for the
    safekeeping, care, and subsistence of all persons held under
    authority of any enactment of Congress, the Attorney General may
    contract, for a period not exceeding three years, with the proper
    authorities of any State, Territory, or political subdivision
    thereof, for the imprisonment, subsistence, care, and proper
    employment of such persons.
      Such Federal prisoners shall be employed only in the manufacture
    of articles for, the production of supplies for, the construction
    of public works for, and the maintenance and care of the
    institutions of, the State or political subdivision in which they
    are imprisoned.
      The rates to be paid for the care and custody of said persons
    shall take into consideration the character of the quarters
    furnished, sanitary conditions, and quality of subsistence and may
    be such as will permit and encourage the proper authorities to
    provide reasonably decent, sanitary, and healthful quarters and
    subsistence for such persons.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 847; Pub. L. 95-624, Sec. 8, Nov.
    9, 1978, 92 Stat. 3463.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 753b, (May 14, 1930,
    ch. 274, Sec. 3, 46 Stat. 325).
      Changes were made in phraseology.  The first sentence was
    incorporated in section 4042 of this title.
                                 AMENDMENTS
      1978 - Pub. L. 95-624 substituted ''Attorney General'' for
    ''Director of the Bureau of Prisons''.
 
-CROSS-
                              CROSS REFERENCES
      Bureau of Prisons, see section 4041 et seq. of this title.
      Employment in Federal prisons, see section 4121 et seq. of this
    title.
 
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    18 USC Sec. 4003                                             01/23/00
 
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    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4003. Federal institutions in States without appropriate
        facilities
 
-STATUTE-
      If by reason of the refusal or inability of the authorities
    having control of any jail, workhouse, penal, correctional, or
    other suitable institution of any State or Territory, or political
    subdivision thereof, to enter into a contract for the imprisonment,
    subsistence, care, or proper employment of United States prisoners,
    or if there are no suitable or sufficient facilities available at
    reasonable cost, the Attorney General may select a site either
    within or convenient to the State, Territory, or judicial district
    concerned and cause to be erected thereon a house of detention,
    workhouse, jail, prison-industries project, or camp, or other place
    of confinement, which shall be used for the detention of persons
    held under authority of any Act of Congress, and of such other
    persons as in the opinion of the Attorney General are proper
    subjects for confinement in such institutions.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 848.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 753c (May 14, 1930, ch.
    274, Sec. 4, 46 Stat. 326).
      Words ''with or without hard labor'' were omitted as unnecessary
    in view of omission of ''hard labor'' as part of the punishment.
    (See reviser's note under section 1 of this title.)
      The phrase ''held under authority of any Act of Congress,'' was
    substituted for the following ''held as material witnesses, persons
    awaiting trial, persons sentenced to imprisonment and awaiting
    transfer to other institutions, persons held for violation of the
    immigration laws or awaiting deportation, and for the confinement
    of persons convicted of offenses against the United States and
    sentenced to imprisonment''.
      Minor changes in arrangement and phraseology were made.
 
-CROSS-
                              CROSS REFERENCES
      Appropriations for sites and buildings, see section 4009 of this
    title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 4009 of this title.
 
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    18 USC Sec. 4004                                             01/23/00
 
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    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4004. Oaths and acknowledgments
 
-STATUTE-
      The wardens and superintendents, associate wardens and
    superintendents, chief clerks, and record clerks, of Federal penal
    or correctional institutions, may administer oaths to and take
    acknowledgments of officers, employees, and inmates of such
    institutions, but shall not demand or accept any fee or
    compensation therefor.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 848; July 7, 1955, ch. 282, 69
    Stat. 282; Pub. L. 98-473, title II, Sec. 223(l), Oct. 12, 1984, 98
    Stat. 2029.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 754 (Feb. 11, 1938, ch.
    24, Sec. 1, 2, 52 Stat. 28).
      Section was extended to include superintendents and associate
    superintendents.
      Minor changes were made in phraseology.  Words ''the authority
    conferred by'' were omitted as surplusage.
                                 AMENDMENTS
      1984 - Pub. L. 98-473 substituted ''and record clerks'' for
    ''record clerks, and parole officers''.
      1955 - Act July 7, 1955, permitted chief clerks, record clerks,
    and parole officers to administer oaths and take acknowledgments.
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
    applicable only to offenses committed after the taking effect of
    such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
    an Effective Date note under section 3551 of this title.
 
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    18 USC Sec. 4005                                             01/23/00
 
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    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4005. Medical relief; expenses
 
-STATUTE-
      (a) Upon request of the Attorney General and to the extent
    consistent with the Assisted Suicide Funding Restriction Act of
    1997, the Federal Security Administrator shall detail regular and
    reserve commissioned officers of the Public Health Service,
    pharmacists, acting assistant surgeons, and other employees of the
    Public Health Service to the Department of Justice for the purpose
    of supervising and furnishing medical, psychiatric, and other
    technical and scientific services to the Federal penal and
    correctional institutions.
      (b) The compensation, allowances, and expenses of the personnel
    detailed under this section may be paid from applicable
    appropriations of the Public Health Service in accordance with the
    law and regulations governing the personnel of the Public Health
    Service, such appropriations to be reimbursed from applicable
    appropriations of the Department of Justice; or the Attorney
    General may make allotments of funds and transfer of credit to the
    Public Health Service in such amounts as are available and
    necessary, for payment of compensation, allowances, and expenses of
    personnel so detailed, in accordance with the law and regulations
    governing the personnel of the Public Health Service.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 848; Pub. L. 105-12, Sec. 9(k),
    Apr. 30, 1997, 111 Stat. 28.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 751, 752 (May 13, 1930,
    ch. 256, Sec. 1, 2, 46 Stat. 273; Reorg. Plan No. I, Sec. 201, 205,
    4 F.R. 2728, 2729, 53 Stat. 1424, 1425).
      Section consolidates sections 751 and 752 of title 18, U.S.C.,
    1940 ed., as subsections (a) and (b), respectively.
      ''Federal Security Administrator'' was substituted for ''Federal
    Security Agency.''
      Functions of the Secretary of the Treasury were transferred to
    the Federal Security Administrator by Reorg. Plan No. I, Sec. 205,
    4 F.R. 2729, 53 Stat. 1425. (See note under section 133t of title
    5, U.S.C., 1940 ed., Executive Departments and Government Officers
    and Employees.)
      The first part of said section 751, which read ''Authorized
    medical relief under the Department of Justice in Federal penal and
    correctional institutions shall be supervised and furnished by
    personnel of the Public Health Service, and'' was omitted as
    surplusage, considering the remainder of the text.
      Minor changes of phraseology were made.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Assisted Suicide Funding Restriction Act of 1997, referred to
    in subsec. (a), is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23,
    which is classified principally to chapter 138 (Sec. 14401 et seq.)
    of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 14401 of Title 42 and Tables.
 
-MISC2-
                                 AMENDMENTS
      1997 - Subsec. (a). Pub. L. 105-12 inserted ''and to the extent
    consistent with the Assisted Suicide Funding Restriction Act of
    1997'' after ''Upon request of the Attorney General''.
                      EFFECTIVE DATE OF 1997 AMENDMENT
      Amendment by Pub. L. 105-12 effective Apr. 30, 1997, and
    applicable to Federal payments made pursuant to obligations
    incurred after Apr. 30, 1997, for items and services provided on or
    after such date, subject to also being applicable with respect to
    contracts entered into, renewed, or extended after Apr. 30, 1997,
    as well as contracts entered into before Apr. 30, 1997, to the
    extent permitted under such contracts, see section 11 of Pub. L.
    105-12, set out as an Effective Date note under section 14401 of
    Title 42, The Public Health and Welfare.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Federal Security Administrator transferred to
    Secretary of Health, Education, and Welfare, and office of Federal
    Security Administrator abolished by sections 5 and 8 of Reorg. Plan
    No. 1 of 1953, as amended, eff.  Apr. 11, 1953, 18 F.R. 2053, 67
    Stat. 631, set out in the Appendix to Title 5, Government
    Organization and Employees.
      Functions of Public Health Service, Surgeon General of Public
    Health Service, and all other officers and employees of Public
    Health Service, and functions of all agencies of or in Public
    Health Service transferred to Secretary of Health, Education, and
    Welfare by Reorg. Plan No. 3 of 1966, eff.  June 25, 1966, 31 F.R.
    8855, 80 Stat. 1610, set out in the Appendix to Title 5.
      Secretary of Health, Education, and Welfare redesignated
    Secretary of Health and Human Services by Pub. L. 96-88, title V,
    Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to
    section 3508(b) of Title 20, Education.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 42 sections 250, 14402,
    14405.
 
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    18 USC Sec. 4006                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4006. Subsistence for prisoners
 
-STATUTE-
      (a) In General. - The Attorney General shall allow and pay only
    the reasonable and actual cost of the subsistence of prisoners in
    the custody of any marshal of the United States, and shall
    prescribe such regulations for the government of the marshals as
    will enable him to determine the actual and reasonable expenses
    incurred.
      (b) Health Care Items and Services. -
        (1) In general. - Payment for costs incurred for the provision
      of health care items and services for individuals in the custody
      of the United States Marshals Service and the Immigration and
      Naturalization Service shall not exceed the lesser of the amount
      that would be paid for the provision of similar health care items
      and services under -
          (A) the Medicare program under title XVIII of the Social
        Security Act; or
          (B) the Medicaid program under title XIX of such Act of the
        State in which the services were provided.
        (2) Full and final payment. - Any payment for a health care
      item or service made pursuant to this subsection, shall be deemed
      to be full and final payment.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 848; Pub. L. 106-113, div.  B,
    Sec. 1000(a)(1) (title I, Sec. 114), Nov. 29, 1999, 113 Stat. 1535,
    1501A-20.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 703 (R.S. Sec. 5545;
    Mar. 2, 1911, ch. 192, 36 Stat. 1003).
      The provisions relating to the Washington Asylum and Jail are now
    included in the District of Columbia Code. (See D.C. Code, 1940
    ed., Sec. 24-421.)
      Changes of phraseology were made.
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Social Security Act, referred to in subsec. (b)(1), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.  Titles XVIII and
    XIX of the Act are classified generally to subchapters XVIII (Sec.
    1395 et seq.) and XIX (Sec. 1396 et seq.) of chapter 7 of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see section 1305 of Title 42 and Tables.
 
-MISC2-
                                 AMENDMENTS
      1999 - Pub. L. 106-113 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 4013 of this title.
 
-CITE-
    18 USC Sec. 4007                                             01/23/00
 
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    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4007. Expenses of prisoners
 
-STATUTE-
      The expenses attendant upon the confinement of persons arrested
    or committed under the laws of the United States, as well as upon
    the execution of any sentence of a court thereof respecting them,
    shall be paid out of the Treasury of the United States in the
    manner provided by law.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 848.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 701 (R.S. Sec. 5536).
      Provision authorizing expenses for transportation was omitted as
    covered by similar provision in section 4008 of this title.
      Minor changes of phraseology were made.
           PAYMENT OF COSTS OF INCARCERATION BY FEDERAL PRISONERS
      Pub. L. 100-690, title VII, Sec. 7301, Nov. 18, 1988, 102 Stat.
    4463, provided that: ''Not later than 1 year after the date of
    enactment of this section (Nov. 18, 1988), the United States
    Sentencing Commission shall study the feasibility of requiring
    prisoners incarcerated in Federal correctional institutions to pay
    some or all of the costs incident to the prisoner's confinement,
    including, but not limited to, the costs of food, housing, and
    shelter.  The study shall review measures which would allow
    prisoners unable to pay such costs to work at paid employment
    within the community, during incarceration or after release, in
    order to pay the costs incident to the prisoner's confinement.''
 
-CITE-
    18 USC Sec. 4008                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4008. Transportation expenses
 
-STATUTE-
      Prisoners shall be transported by agents designated by the
    Attorney General or his authorized representative.
      The reasonable expense of transportation, necessary subsistence,
    and hire and transportation of guards and agents shall be paid by
    the Attorney General from such appropriation for the Department of
    Justice as he shall direct.
      Upon conviction by a consular court or court martial the prisoner
    shall be transported from the court to the place of confinement by
    agents of the Department of State, the Army, Navy, or Air Force, as
    the case may be, the expense to be paid out of the Treasury of the
    United States in the manner provided by law.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 849; May 24, 1949, ch. 139, Sec.
    61, 63 Stat. 98.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
                                  1948 ACT
      Based on title 18, U.S.C., 1940 ed., Sec. 753g (May 14, 1930, ch.
    274, Sec. 8, 46 Stat. 327).
      The second paragraph was originally a proviso.
      Minor changes of phraseology were made.
                                  1949 ACT
      This section (section 61) corrects the third paragraph of section
    4008 of title 18, U.S.C., by redesignating the ''War Department''
    as the ''Department of the Army'', to conform to such redesignation
    by act of July 26, 1947 (ch. 343, title II, Sec. 205(a), 61 Stat.
    501), and by inserting a reference to the Department of the Air
    Force, in view of the creation of such Department by the same act.
                                 AMENDMENTS
      1949 - Act May 24, 1949, substituted ''the Army, Navy, or Air
    Force'' for ''War, or the Navy''.
 
-CROSS-
                              CROSS REFERENCES
      Expense of transferring prisoners to prison camps, see section
    4125 of this title.
 
-CITE-
    18 USC Sec. 4009                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4009. Appropriations for sites and buildings
 
-STATUTE-
      The Attorney General may authorize the use of a sum not to exceed
    $100,000 in each instance, payable from any unexpended balance of
    the appropriation ''Support of United States prisoners'' for the
    purpose of leasing or acquiring a site, preparation of plans, and
    erection of necessary buildings under section 4003 of this title.
      If in any instance it shall be impossible or impracticable to
    secure a proper site and erect the necessary buildings within the
    above limitation the Attorney General may authorize the use of a
    sum not to exceed $10,000 in each instance, payable from any
    unexpended balance of the appropriation ''Support of United States
    prisoners'' for the purpose of securing options and making
    preliminary surveys or sketches.
      Upon selection of an appropriate site the Attorney General shall
    submit to Congress an estimate of the cost of purchasing same and
    of remodeling, constructing, and equipping the necessary buildings
    thereon.
 
-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 849.)
 
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on title 18, U.S.C., 1940 ed., Sec. 753d (May 14, 1930, ch.
    274, Sec. 5, 46 Stat. 326).
      Minor changes of phraseology were made.
 
-CITE-
    18 USC Sec. 4010                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4010. Acquisition of additional land
 
-STATUTE-
      The Attorney General may, when authorized by law, acquire land
    adjacent to or in the vicinity of a Federal penal or correctional
    institution if he considers the additional land essential to the
    protection of the health or safety of the inmates of the
    institution.
 
-SOURCE-
    (Added Pub. L. 89-554, Sec. 3(f), Sept. 6, 1966, 80 Stat. 610.)
 
-MISC1-
 
                       Historical and Revision Notes
    ---------------------------------------------------------------------
    Derivation             U.S. Code              Revised Statutes and
                                                   Statutes at Large
    ---------------------------------------------------------------------
                           5 U.S.C. 341f.         July 28, 1950, ch.
                                                   503, Sec. 7, 64
                                                   Stat. 381.
                                                  Sept. 16, 1959, Pub.
                                                   L. 86-286, 73 Stat.
                                                   567.
                     -------------------------------
      The reference to an appropriation law is omitted as covered by
    the words ''when authorized by law''.
 
-CITE-
    18 USC Sec. 4011                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4011. Disposition of cash collections for meals, laundry, etc.
 
-STATUTE-
      Collections in cash for meals, laundry, barber service, uniform
    equipment, and other items for which payment is made originally
    from appropriations for the maintenance and operation of Federal
    penal and correctional institutions, may be deposited in the
    Treasury to the credit of the appropriation currently available for
    those items when the collection is made.
 
-SOURCE-
    (Added Pub. L. 89-554, Sec. 3(f), Sept. 6, 1966, 80 Stat. 610.)
 
-MISC1-
 
                       Historical and Revision Notes
    ---------------------------------------------------------------------
    Derivation             U.S. Code              Revised Statutes and
                                                   Statutes at Large
    ---------------------------------------------------------------------
                           5 U.S.C. 341g.         July 28, 1950, ch.
                                                   503, Sec. 8, 64
                                                   Stat. 381.
                     -------------------------------
 
-CITE-
    18 USC Sec. 4012                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4012. Summary seizure and forfeiture of prison contraband
 
-STATUTE-
      An officer or employee of the Bureau of Prisons may, pursuant to
    rules and regulations of the Director of the Bureau of Prisons,
    summarily seize any object introduced into a Federal penal or
    correctional facility or possessed by an inmate of such a facility
    in violation of a rule, regulation or order promulgated by the
    Director, and such object shall be forfeited to the United States.
 
-SOURCE-
    (Added Pub. L. 98-473, title II, Sec. 1109(d), Oct. 12, 1984, 98
    Stat. 2148.)
 
-CITE-
    18 USC Sec. 4013                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4013. Support of United States prisoners in non-Federal
        institutions
 
-STATUTE-
      (a) The Attorney General, in support of United States prisoners
    in non-Federal institutions, is authorized to make payments from
    funds appropriated for the support of United States prisoners for -
        (1) necessary clothing;
        (2) medical care and necessary guard hire;
        (3) the housing, care, and security of persons held in custody
      of a United States marshal pursuant to Federal law under
      agreements with State or local units of government or contracts
      with private entities; and
        (4) entering into contracts or cooperative agreements with any
      State, territory, or political subdivision thereof, for the
      necessary construction, physical renovation, acquisition of
      equipment, supplies, or materials required to establish
      acceptable conditions of confinement and detention services in
      any State or local jurisdiction which agrees to provide
      guaranteed bed space for Federal detainees within that
      correctional system, in accordance with regulations which are
      issued by the Attorney General and are comparable to the
      regulations issued under section 4006 of this title, except that
      -
          (A) amounts made available for purposes of this paragraph
        shall not exceed the average per-inmate cost of constructing
        similar confinement facilities for the Federal prison
        population,
          (B) the availability of such federally assisted facility
        shall be assured for housing Federal prisoners, and
          (C) the per diem rate charged for housing such Federal
        prisoners shall not exceed allowable costs or other conditions
        specified in the contract or cooperative agreement.
      (b)(1) The United States Marshals Service may designate districts
    that need additional support from private detention entities under
    subsection (a)(3) based on -
        (A) the number of Federal detainees in the district; and
        (B) the availability of appropriate Federal, State, and local
      government detention facilities.
      (2) In order to be eligible for a contract for the housing, care,
    and security of persons held in custody of the United States
    Marshals pursuant to Federal law and funding under subsection
    (a)(3), a private entity shall -
        (A) be located in a district that has been designated as
      needing additional Federal detention facilities pursuant to
      paragraph (1);
        (B) meet the standards of the American Correctional
      Association;
        (C) comply with all applicable State and local laws and
      regulations;
        (D) have approved fire, security, escape, and riot plans; and
        (E) comply with any other regulations that the Marshals Service
      deems appropriate.
      (3) The United States Marshals Service shall provide an
    opportunity for public comment on a contract under subsection
    (a)(3).
 
-SOURCE-
    (Added Pub. L. 100-690, title VII, Sec. 7608(d)(1), Nov. 18, 1988,
    102 Stat. 4516; amended Pub. L. 101-647, title XVII, Sec. 1701,
    title XXXV, Sec. 3599, Nov. 29, 1990, 104 Stat. 4843, 4931; Pub. L.
    103-322, title XXXIII, Sec. 330011(o), Sept. 13, 1994, 108 Stat.
    2145.)
 
-MISC1-
                                 AMENDMENTS
      1994 - Pub. L. 103-322, Sec. 330011(o), repealed Pub. L. 101-647,
    Sec. 3599. See 1990 Amendment note below.
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 3599, which struck out
    ''(a)'' at beginning of text, was repealed by Pub. L. 103-322, Sec.
    330011(o).
      Subsec. (b). Pub. L. 101-647, Sec. 1701, added subsec. (b).
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Section 330011(o) of Pub. L. 103-322 provided that the amendment
    made by that section is effective Nov. 29, 1990.
       JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND, UNITED
                          STATES MARSHALS SERVICE
      Pub. L. 106-113, div.  B, Sec. 1000(a)(1) (title I), Nov. 29,
    1999, 113 Stat. 1535, 1501A-7, provided that: ''Beginning in fiscal
    year 2000 and thereafter, payment shall be made from the Justice
    Prisoner and Alien Transportation System Fund for necessary
    expenses related to the scheduling and transportation of United
    States prisoners and illegal and criminal aliens in the custody of
    the United States Marshals Service, as authorized in 18 U.S.C.
    4013, including, without limitation, salaries and expenses,
    operations, and the acquisition, lease, and maintenance of aircraft
    and support facilities: Provided, That the Fund shall be reimbursed
    or credited with advance payments from amounts available to the
    Department of Justice, other Federal agencies, and other sources at
    rates that will recover the expenses of Fund operations, including,
    without limitation, accrual of annual leave and depreciation of
    plant and equipment of the Fund: Provided further, That proceeds
    from the disposal of Fund aircraft shall be credited to the Fund:
    Provided further, That amounts in the Fund shall be available
    without fiscal year limitation, and may be used for operating
    equipment lease agreements that do not exceed 5 years.''
      Pub. L. 105-277, div.  A, Sec. 101(b) (title I), Oct. 21, 1998,
    112 Stat. 2681-50, 2681-54, provided that: ''There is hereby
    established a Justice Prisoner and Alien Transportation System Fund
    for the payment of necessary expenses related to the scheduling and
    transportation of United States prisoners and illegal and criminal
    aliens in the custody of the United States Marshals Service, as
    authorized in 18 U.S.C. 4013, including, without limitation,
    salaries and expenses, operations, and the acquisition, lease, and
    maintenance of aircraft and support facilities: Provided, That the
    Fund shall be reimbursed or credited with advance payments from
    amounts available to the Department of Justice, other Federal
    agencies, and other sources at rates that will recover the expenses
    of Fund operations, including, without limitation, accrual of
    annual leave and depreciation of plant and equipment of the Fund:
    Provided further, That proceeds from the disposal of Fund aircraft
    shall be credited to the Fund: Provided further, That amounts in
    the Fund shall be available without fiscal year limitation, and may
    be used for operating equipment lease agreements that do not exceed
    5 years.''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 42 section 13711.
 
-CITE-
    18 USC Sec. 4014                                             01/23/00
 
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS
 
-HEAD-
    Sec. 4014. Testing for human immunodeficiency virus
 
-STATUTE-
      (a) The Attorney General shall cause each individual convicted of
    a Federal offense who is sentenced to incarceration for a period of
    6 months or more to be tested for the presence of the human
    immunodeficiency virus, as appropriate, after the commencement of
    that incarceration, if such individual is determined to be at risk
    for infection with such virus in accordance with the guidelines
    issued by the Bureau of Prisons relating to infectious disease
    management.
      (b) If the Attorney General has a well-founded reason to believe
    that a person sentenced to a term of imprisonment for a Federal
    offense, or ordered detained before trial under section 3142(e),
    may have intentionally or unintentionally transmitted the human
    immunodeficiency virus to any officer or employee of the United
    States, or to any person lawfully present in a correctional
    facility who is not incarcerated there, the Attorney General shall
    -
        (1) cause the person who may have transmitted the virus to be
      tested promptly for the presence of such virus and communicate
      the test results to the person tested; and
        (2) consistent with the guidelines issued by the Bureau of
      Prisons relating to infectious disease management, inform any
      person (in, as appropriate, confidential consultation with the
      person's physician) who may have been exposed to such virus, of
      the potential risk involved and, if warranted by the
      circumstances, that prophylactic or other treatment should be
      considered.
      (c) If the results of a test under subsection (a) or (b) indicate
    the presence of the human immunodeficiency virus, the Attorney
    General shall provide appropriate access for counselling, health
    care, and support services to the affected officer, employee, or
    other person, and to the person tested.
      (d) The results of a test under this section are inadmissible
    against the person tested in any Federal or State civil or criminal
    case or proceeding.
      (e) Not later than 1 year after the date of the enactment of this
    section, the Attorney General shall issue rules to implement this
    section.  Such rules shall require that the results of any test are
    communicated only to the person tested, and, if the results of the
    test indicate the presence of the virus, to correctional facility
    personnel consistent with guidelines issued by the Bureau of
    Prisons. Such rules shall also provide for procedures designed to
    protect the privacy of a person requesting that the test be
    performed and the privacy of the person tested.
 
-SOURCE-
    (Added Pub. L. 105-370, Sec. 2(a), Nov. 12, 1998, 112 Stat. 3374.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The date of the enactment of this section, referred to in subsec.
    (e), is the date of enactment of Pub. L. 105-370, which was
    approved Nov. 12, 1998.


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