Reform of the Federal Criminal Laws

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parent, has acted in the place of a parent), parent (including a person who, though not a natural parent, has acted in the place of a parent), brother, or sister.

4 § 3908. Penitentiary imprisonment; consent

(a) Persons convicted of offenses against the United States or by courts-martial

6 punishable by imprisonment for more than one year may be confined in any

(b) A sentence for an offense punishable by imprisonment for one year or less

9 shall not be served in a penitentiary without the consent of the defendant. $3909. Copy of commitment delivered with prisoner

Whenever a prisoner is committed to a warden, sheriff, or jailer by virtue of a 12 writ, or warrant, a copy thereof shall be delivered to such officer as authority to 13 hold the prisoner, and the original shall be returned to the proper court or officer, 14 with the officer's return endorsed thereon.

15 §3910. Transfer for State offense; expense

16 (a)(1) Whenever any Federal prisoner has been indicted, informed against, or 17 convicted of a felony in a court of record of any State or the District of Columbia, the Attorney General shall, if the Attorney General finds it in the public interest to do so, upon the request of the Governor or the executive authority thereof, and upon the presentation of a certified copy of such indictment, information or judgment of conviction, cause such person, prior to his release, to be transferred to a 22 penal or correctional institution within such State or District.

(2) If more than one such request is presented in respect to any prisoner, the 24 Attorney General shall determine which request should receive preference. (3) The expense of personnel and transportation incurred shall be chargeable to 26 the appropriation for the "Support of United States Prisoners".

(b) This section does not limit the authority of the Attorney General to transfer 28 prisoners under other provisions of law.

29 §3911. Temporary safekeeping of Federal offenders by marshals United States marshals shall provide for the safekeeping of any person arrested, or held under authority of any enactment of Congress pending commitment to an institution.

33 §3912. Federal prisoners in State institutions; employment

(a) For the purpose of providing suitable quarters for the safekeeping, care, and 35 subsistence of all persons held under authority of any enactment of Congress, the 36 Director of the Bureau of Prisons may contract, for a period not exceeding 3 37 years, with the proper authorities of any State, territory, or political subdivision 38 thereof, for the imprisonment, subsistence, care, and proper employment of such 39 persons.

(b) 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

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1 district in which the person was convicted, and may at any time transfer a person

from one place of confinement to another.

[(c) Narcotics addicts, drug abusers, alcoholics, or youthful offenders shall [, in the discretion of the Attorney General] be provided with specialized programs 5 within a prison facility or within a separate institution.]

a prisoner as to whom there is reasonable cause to believe such prisoner will 8 honor this trust, by authorizing such prisoner, under prescribed conditions, to(1) visit a specifically designated place or places for a period not to exceed 30 days and return to the same or another institution or facility. An extension of limits may be granted to permit a visit to a dying relative, attendance at the funeral of a relative, the obtaining of medical services not otherwise available, the contacting of prospective employers, the establishment or reestablishment of family and community ties or for any other significant reason consistent with the public interest; or

(2) work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner of the institution or facility to which he is committed, provided that—

(A) representatives of local union central bodies or similar labor union organizations are consulted;

(B) such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and

(C) the rates of pay and other conditions of employment will not be less than those paid or provided for work of similar nature in the locality in which the work is to be performed.

A prisoner authorized to work at paid employment in the community under this paragraph may be required to pay, and the Attorney General is authorized to collect, such costs incident to the prisoner's confinement as the Attorney General deems appropriate and reasonable. Collections shall be deposited in the Treasury of the United States as miscellaneous receipts. (d) The willful failure of a prisoner to remain within the extended limits of such 34 prisoner's confinement, or to return within the time prescribed to an institution or 35 facility designated by the Attorney General, shall be deemed an escape from the 36 custody of the Attorney General punishable as provided in section 1716 of this title.

(e) As used in this section

(1) the term "facility" includes a residential community treatment

center; and

(2) the term "relative" means a spouse, child (including stepchild, adopted child or child as to whom the prisoner, though not a natural

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parent, has acted in the place of a parent), parent (including a person who, though not a natural parent, has acted in the place of a parent), brother, or sister.

4 $3908. Penitentiary imprisonment; consent

(a) Persons convicted of offenses against the United States or by courts-martial punishable by imprisonment for more than one year may be confined in any United States penitentiary.

(b) A sentence for an offense punishable by imprisonment for one year or less 9 shall not be served in a penitentiary without the consent of the defendant. $3909. Copy of commitment delivered with prisoner

Whenever a prisoner is committed to a warden, sheriff, or jailer by virtue of a writ, or warrant, a copy thereof shall be delivered to such officer as authority to hold the prisoner, and the original shall be returned to the proper court or officer, 14 with the officer's return endorsed thereon.

15 §3910. Transfer for State offense; expense

16 (a)(1) Whenever any Federal prisoner has been indicted, informed against, or

17 convicted of a felony in a court of record of any State or the District of Columbia,

the Attorney General shall, if the Attorney General finds it in the public interest

to do so, upon the request of the Governor or the executive authority thereof, and 20 upon the presentation of a certified copy of such indictment, information or judgment of conviction, cause such person, prior to his release, to be transferred to a 22 penal or correctional institution within such State or District.

(2) If more than one such request is presented in respect to any prisoner, the 24 Attorney General shall determine which request should receive preference.

(3) The expense of personnel and transportation incurred shall be chargeable to the appropriation for the "Support of United States Prisoners".

(b) This section does not limit the authority of the Attorney General to transfer 28 prisoners under other provisions of law.

29 §3911. Temporary safekeeping of Federal offenders by marshals United States marshals shall provide for the safekeeping of any person arrest31 ed, or held under authority of any enactment of Congress pending commitment to an institution.

33 §3912. Federal prisoners in State institutions; employment

(b) 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

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1 the maintenance and care of the institutions of, the State or political subdivision

(c) The rates to be paid for the care and custody of such persons shall take into 4 consideration the character of the quarters furnished, sanitary conditions, and 5 quality of subsistence and may be such as will permit and encourage the proper 6 authorities to provide reasonably decent, sanitary, and healthful quarters and 7 subsistence for such persons.

8 §3913. Federal institutions in States without appropriate facilities If by reason of the refusal or inability of the authorities having control of any 10 jail, workhouse, penal, correctional, or other suitable institution of any State or 11 territory, or political subdivision thereof, to enter into a contract for the imprison12 ment, subsistence, care, or proper employment of United States prisoners, or if 13 there are no suitable or sufficient facilities available at reasonable cost, the Attor14 ney General may select a site either within or convenient to the State, territory, 15 or judicial district concerned and cause to be erected thereon a house of deten16 tion, workhouse, jail, prison-industries project, or camp, or other place of confine17 ment, 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 19 General are proper subjects for confinement in such institutions.

20 83914. Subsistence for prisoners

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, 23 and shall prescribe such regulations for the government of marshals as will 24 enable the Attorney General to determine the actual and reasonable expenses 25 incurred.

26 §3915. Expenses of prisoners

The expenses attendant upon the confinement of persons arrested or commit28 ted under the laws of the United States, as well as upon the execution of any 29 sentence of a court thereof respecting them, shall be paid out of the Treasury of 30 the United States in the manner provided by law.

32 (a) Prisoners shall be transported by agents designated by the Attorney Gener33 al or the Attorney General's authorized representative.

34 (b) The reasonable expense of transportation, necessary subsistence, and hire 35 and transportation of guards and agents shall be paid by the Attorney General 36 from such appropriation for the Department of Justice as the Attorney General

37 shall direct.

(c) Upon conviction by a consular court or court martial the prisoner shall be 39 transported from the court to the place of confinement by agents of the Depart40 ment 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.

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§ 3917. Appropriations for sites and buildings

(a) The Attorney General may authorize the use of a sum not to exceed

3 $100,000 in each instance, payable from any unexpended balance of the appro4 priation "Support of United States prisoners" for the purpose of leasing or ac5 quiring a site, preparation of plans, and erection of necessary buildings under section 3913 of this title.

(b) If in any instance it is impossible or impracticable to secure a proper site 8 and erect the necessary buildings within the limitation of subsection (a) of this

section the Attorney General may authorize the use of a sum not to exceed 10 $10,000 in each instance, payable from any unexpended balance of the appropri11 ation “Support of United States prisoners" for the purpose of securing options and making preliminary surveys or sketches.

(c) Upon selection of an appropriate site, the Attorney General shall submit to 14 Congress an estimate of the cost of purchasing same and of remodeling, con15 structing, and equipping the necessary buildings thereon.

16 $3918. Acquisition of additional land

The Attorney General may, when authorized by law, acquire land adjacent to or in the vicinity of a Federal penal or correctional institution if the Attorney 19 General considers the additional land essential to the protection of the health or 20 safety of the inmates of the institution.

§ 3919. Disposition of cash collections for meals, laundry, etc. Collections in cash for meals, laundry, barber service, uniform equipment, and 23 other items for which payment is made originally from appropriations for the 24 maintenance and operation of Federal penal and correctional institutions, may be 25 deposited in the Treasury to the credit of the appropriation currently available for 26 those items when the collection is made.

27 §3920. Custody of State offenders

(a) The Attorney General, when the Director shall certify that proper and 29 adequate treatment facilities and personnel are available, is hereby authorized to contract with the proper officials of a State or territory for the custody, care, 31 subsistence, education, treatment, and training of persons convicted of criminal 32 offenses in the courts of such State or territory, but any such contract shall 33 provide for reimbursing the United States in full for all costs or other expenses 34 involved.

(b) Funds received under such a contract may be deposited in the Treasury to 36 the credit of the appropriation or appropriations from which the payments for such service were originally made.

38 (c) Unless otherwise specifically provided in the contract, a person committed

to the Attorney General under this section shall be subject to all the provisions of 40 law and regulations applicable to persons committed for violations of laws of the United States not inconsistent with the sentence imposed.

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