§4013 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

The Attorney General can pay certain costs when federal prisoners are held in non‑federal jails. Money from the federal prison detention budget can be used for necessary clothing, medical care and needed guards, and for housing, care, and security of people held by U.S. Marshals under agreements with states, local governments, or private contractors. The Attorney General can also use funds meant for state and local law enforcement to help pay for building, fixing up, or equipping local facilities if a state or local system agrees to guarantee bed space for federal detainees. Those payments must follow rules like the ones in section 4006. The federal share cannot be more than the average per‑inmate cost to build similar federal facilities, the facility must be kept available for federal prisoners, and the per‑day charge for housing them must not exceed the allowed costs or contract terms. The U.S. Marshals Service can pick districts that need extra private detention capacity based on how many federal detainees there are and what facilities are available. A private facility can get a Marshals contract only if it is in a designated district, meets American Correctional Association standards, follows state and local laws, has approved fire, security, escape, and riot plans, and meets any other Marshals rules. The Marshals must allow public comment on those contracts. A state or local government may charge a reasonable fee from a federal prisoner’s trust account for some health care visits if state law allows it and the fee is no more than what state/local prisoners pay, the care is provided by a licensed person and fits the definition in section 4048(a)(4), and the care is not preventive, emergency, prenatal, chronic infectious disease treatment, mental health, or substance abuse treatment. A prisoner cannot be denied care for not having money. Prisoners must get written and oral notice before fees start, and fees cannot be charged until 30 days after every prisoner in that system has been told. States/local governments must provide HIV/AIDS care when medically needed and may not charge a fee for that care.

Title 18, §4013

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)The Attorney General, in support of United States prisoners in non-Federal institutions, is authorized to make payments from funds appropriated for Federal prisoner detention for—

(1)necessary clothing;

(2)medical care and necessary guard hire; and

(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.

(b)The Attorney General, in support of Federal prisoner detainees in non-Federal institutions, is authorized to make payments, from funds appropriated for State and local law enforcement assistance, for 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—

(1)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,

(2)the availability of such federally assisted facility shall be assured for housing Federal prisoners, and

(3)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.

(c)(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).

(d)(1)Notwithstanding amounts paid under subsection (a)(3), a State or local government may assess and collect a reasonable fee from the trust fund account (or institutional equivalent) of a Federal prisoner for health care services, if—

(A)the prisoner is confined in a non-Federal institution pursuant to an agreement between the Federal Government and the State or local government;

(B)the fee—

(i)is authorized under State law; and

(ii)does not exceed the amount collected from State or local prisoners for the same services; and

(C)the services—

(i)are provided within or outside of the institution by a person who is licensed or certified under State law to provide health care services and who is operating within the scope of such license;

(ii)constitute a health care visit within the meaning of section 4048(a)(4) of this title; and

(iii)are not preventative health care services, emergency services, prenatal care, diagnosis or treatment of chronic infectious diseases, mental health care, or substance abuse treatment.

(2)Nothing in this subsection may be construed to permit any refusal of treatment to a prisoner on the basis that—

(A)the account of the prisoner is insolvent; or

(B)the prisoner is otherwise unable to pay a fee assessed under this subsection.

(3)Each person who is or becomes a prisoner shall be provided with written and oral notices of the provisions of this subsection and the applicability of this subsection to the prisoner. Notwithstanding any other provision of this subsection, a fee under this section may not be assessed against, or collected from, such person—

(A)until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with such notices; and

(B)for services provided before the expiration of such period.

(4)The implementation of this subsection by the State or local government, and any amendment to that implementation, shall not take effect until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with written and oral notices of the provisions of that implementation (or amendment, as the case may be). A fee under this subsection may not be assessed against, or collected from, a prisoner pursuant to such implementation (or amendments, as the case may be) for services provided before the expiration of such period.

(5)Before the beginning of any period a proposed implementation under this subsection is open to public comment, written and oral notice of the provisions of that proposed implementation shall be provided to groups that advocate on behalf of Federal prisoners and to each prisoner subject to such proposed implementation.

(6)Any State or local government assessing or collecting a fee under this subsection shall provide comprehensive coverage for services relating to human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) to each Federal prisoner in the custody of such State or local government when medically appropriate. The State or local government may not assess or collect a fee under this subsection for providing such coverage.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–273, § 302(2)(A), in introductory provisions, substituted “Federal prisoner detention” for “the support of United States prisoners”, inserted “and” at end of par. (2), substituted period for “; and” at end of par. (3), and in introductory provisions of par. (4), inserted “The Attorney General, in support of Federal prisoner detainees in non-Federal institutions, is authorized to make payments, from funds appropriated for State and local law

Enforcement

assistance, for” before “entering”. Subsecs. (a)(4), (b). Pub. L. 107–273, § 302(2)(B)(ii), redesignated par. (4) of subsec. (a) as subsec. (b) and subpars. (A) to (C) as pars. (1) to (3), respectively. Former subsec. (b) redesignated (c). Subsecs. (c), (d). Pub. L. 107–273, § 302(2)(B)(i), redesignated subsecs. (b) and (c) as (c) and (d), respectively. 2000—Subsec. (c). Pub. L. 106–294 added subsec. (c). 1994—Pub. L. 103–322, § 330011(o), repealed Pub. L. 101–647, § 3599. See 1990 Amendment note below. 1990—Subsec. (a). Pub. L. 101–647, § 3599, which struck out “(a)” at beginning of text, was repealed by Pub. L. 103–322, § 330011(o). Subsec. (b). Pub. L. 101–647, § 1701, added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 Amendment Pub. L. 103–322, title XXXIII, § 330011(o), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by section 330011(o) is effective Nov. 29, 1990. Contracts for Space or Facilities Pub. L. 106–553, § 1(a)(2) [title I, § 118, formerly § 119], Dec. 21, 2000, 114 Stat. 2762, 2762A–69; renumbered § 118, Pub. L. 106–554, § 1(a)(4) [div. A, § 213(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–179, provided that: “Notwithstanding any other provision of law, including section 4(d) of the Service Contract Act of 1965 ([former] 41 U.S.C. 353(d)) [now 41 U.S.C. 6707(d)], the Attorney General hereafter may enter into contracts and other agreements, of any reasonable duration, for detention or incarceration space or facilities, including related services, on any reasonable basis.” Justice Prisoner and Alien Transportation System Fund, United States Marshals Service Pub. L. 106–553, § 1(a)(2) [title I], Dec. 21, 2000, 114 Stat. 2762, 2762A–55, provided in part 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 10 years.” Similar provisions were contained in the following prior appropriations act: Pub. L. 106–113, div. B, § 1000(a)(1) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–7. Pub. L. 105–277, div. A, § 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.”

Executive Documents

Executive Order No. 14006 Ex. Ord. No. 14006, Jan. 26, 2021, 86 F.R. 7483, reforming United States incarceration system to eliminate the use of privately operated criminal detention facilities, was revoked by Ex. Ord. No. 14148, § 2(q), Jan. 20, 2025, 90 F.R. 8238.

§4013 Support of United States prisoners in non-Federal institutions