PRIA, Government Policy, Made Personal

Summary

The Director of the Bureau of Prisons must transfer a prisoner charged with or convicted of a State felony to a State detention facility before the prisoner is released from federal prison. This can only happen if the Governor or another top state official asks, the State gives an official copy of the charge or conviction, and the Director agrees the transfer is in the public interest. If more than one State asks, the Director decides which request gets priority. The State that asks must pay the transfer costs.

Title 18, §3623

Crimes and Criminal Procedure, Source: USLM XML via OLRC

The Director of the Bureau of Prisons shall order that a prisoner who has been charged in an indictment or information with, or convicted of, a State felony, be transferred to an official detention facility within such State prior to his release from a Federal prison facility if—

(1)the transfer has been requested by the Governor or other executive authority of the State;

(2)the State has presented to the Director a certified copy of the indictment, information, or judgment of conviction; and

(3)the Director finds that the transfer would be in the public interest.

If more than one request is presented with respect to a prisoner, the Director shall determine which request should receive preference. The expenses of such transfer shall be borne by the State requesting the transfer.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

For a prior section 3623, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

§3623 Transfer of a Prisoner to State Authority