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[CHAPTER 111-1ST SESSION]

[S. 26] AN ACT

To make criminally liable persons who negligently allow prisoners in their custody to escape.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 138 of the Criminal Code (35 Stat. 1113; 18 U. S. C. 244) be, and it hereby is, amended to read as follows:

"Whenever any marshal, deputy marshal, ministerial officer, or other person has in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or commissioner, and such marshal, deputy marshal, ministerial officer, or other person voluntarily suffers such prisoner to escape, he shall be fined not more than $2,000, or imprisoned not more than two years, or both. Whenever any marshal, deputy marshal, ministerial officer, or other person has in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or commissioner, and such marshal, deputy marshal, ministerial officer, or other person negligently suffers such prisoner to escape, he shall be fined not more than $500 or imprisoned not more than one year, or both." Approved June 21, 1947.

[PUBLIC LAW 37-80TH CONGRESS]
[CHAPTER 39-1ST SESSION]
[S. 363]

AN ACT

To amend section 3 of the Act of July 24, 1946 (Public Law 534, Seventy-ninth Congress).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act of July 24, 1946 (Public Law 534, Seventy-ninth Congress, be, and it is hereby, amended to read as follows:

"To establish the interstate or foreign commerce character of any shipment in any prosecution under this Act the waybill, or other shipping document, of such shipment shall be prima facie evidence of the place from which and to which such shipment was made."

Approved April 16, 1947.

[CHAPTER 276-2D SESSION]

[S. 1648]

AN ACT

To authorize the expenditure of income from Federal Prison Industries, Incorporated, for training of Federal prisoners.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the Act of May 27, 1930 (46 Stat. 391; 18 U. S. C. 744 a-h), relating to the training and schooling of prisoners in trades and occupations shall be construed as applying to all inmates of Federal penal and correctional institutions qualified for such training and schooling without regard to their industrial or other assignments. The prison industries fund established by section 4 of the Act of June 23, 1934 (48 Stat. 1211; 18 U. S. C. 744-L), may be employed in paying the expense of such training and schooling within the limits of amounts specifically authorized annually in the Government Corporations Appropriations Act.

Approved May 11, 1948.

[CHAPTER 719-2D SESSION]

[S. 2621]

AN ACT

Authorizing the extension of the functions and duties of Federal Prison Industries, Incorporated, to military disciplinary barracks.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to the extent and under such terms and conditions as may be agreed upon by the Secretary of Defense, the Attorney General, and the Board of Directors of Federal Prison Industries, Incorporated, the provisions of the Act of May 27, 1930 (ch. 340, 46 Stat. 391; 18 U. S. C. 744a-h); the Act of June 23, 1934 (ch. 736, 48 Stat. 1211; 18 U. S. C. 744i-n); and Executive Order 6917 dated December 11, 1934, shall apply to the industrial employment and training of prisoners convicted by general courts martial and confined in any institution under the jurisdiction of any department or agency comprising the National Military Establishment.

SEC. 2. Transfer by any department or agency comprising the National Military Establishment to Federal Prison Industries, Incorporated, without exchange of funds is authorized of any property or equipment suitable for use in carrying out the functions and performing the duties covered by any agreement entered into under section 1 hereof.

SEC. 3. In addition to the members of the Board of Directors of Federal Prison Industries, Incorporated, authorized by section 2 of the Act of June 23, 1934 (ch. 736, 48 Stat. 1211; 18 U. S. C. 744j), the President shall appoint an additional member of the Board as a representative of the Secretary of Defense. Such additional member shall serve at the will of the President and without compensation.

SEC. 4. For its own use in the industrial employment and training of prisoners and not for transfer or disposition, transfers of surplus property under the Surplus Property Act of 1944 may be made to Federal Prison Industries, Incorporated, without reimbursement or transfer of funds.

Approved June 29, 1948.

[CHAPTER 653-2D SESSION]

[H. R. 2766]

AN ACT

To amend section 2 of an Act, entitled "An Act to provide for the establishment of a probation system in the United States courts, except in the District of Columbia", approved March 4, 1925, as amended (18 U. S. C. 725).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of an Act, entitled "An Act to provide for the establishment of a probation system in the United States courts, except in the District of Columbia", approved March 4, 1925, as amended (18 U. S. C. 725), is hereby amended to read as follows:

"SEC. 2. When directed by the court, the probation officer shall report to the court, with a statement of the conduct of the probationer while on probation. The court may thereupon discharge the probationer from further supervision and may terminate the proceedings against him, or may extend the probation, as shall seem advisable.

"Whenever during the period of his probation, a probationer heretofore or hereafter placed on probation, goes from the district in which he is being supervised to another district, jurisdiction over him may be transferred, in the discretion of the court, from the court for the district from which he goes to the court for the other district, with the concurrence of the latter court. Thereupon the court for the district to which jurisdiction is transferred shall have all power with respect to the probationer that was previously possessed by the court for the district from which the transfer is made, except that the period of probation shall not be changed without the consent of the sentencing court. This process under the same conditions may be repeated whenever during the period of his probation the probationer goes from the district in which he is being supervised to another district.

"At any time within the probation period the probation officer may for cause arrest the probationer wherever found, without a warrant, or the court for the district in which the probationer is being supervised may issue a warrant for his arrest. Such warrant may be executed by either the probation officer or the United States marshal of either the district in which the probationer is being supervised or of any district in which the probationer shall be found. If the probationer shall be so arrested in a district other than that in which he is being supervised, he shall be returned to the district out of which such warrant shall have been issued, unless jurisdiction over him is. transferred as above provided to the district in which he is found, and in that case he shall be detained pending further proceedings in such district. As speedily as possible after arrest the probationer shall be taken before the court for the district having jurisdiction over him. At any time after the probation period, but within the

maximum period of probation permitted by section 1 of this Act, the court for the district in which the defendant was last being supervised, may issue a warrant and cause the defendant to be arrested and brought before the court. Thereupon the court may revoke the probation or the suspension of sentence. If there was no previous sentence, the court upon the revocation of probation may impose any sentence which might originally have been imposed. If there was a previous sentence, the court may confirm it or set it aside and impose a new sentence not longer than the previous sentence."

Approved June 25, 1948, 4:38 p. m., E. D. T.

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