Title 18, Crimes and Criminal ProcedureRelease 119-110

§4049 Officers and Employees of the Bureau of Prisons Authorized to Carry Oleoresin Capsicum Spray

Title 18 › PART III — PRISONS AND PRISONERS › CHAPTER 303 — BUREAU OF PRISONS › § 4049

Last updated Sep 22, 2026|Official source

Summary

The head of the Bureau of Prisons must regularly give oleoresin capsicum (OC) spray to any officer or employee who works in a prison that is not a minimum or low security prison and who might respond to emergencies. The head can also give the spray to other prison staff the head thinks should have it. To get and carry OC spray, staff must finish a training course before being issued the spray and once every year after. If someone transfers to a different prison, they do not need extra training just for the move. The training must take place during work hours and the person must be paid their normal rate. Staff may use the spray to reduce violence by prisoners or visitors against themselves, other prisoners, visitors, and staff.

Full Legal Text

Title 18, §4049

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—

The Director of the Bureau of Prisons shall issue, on a routine basis, oleoresin capsicum spray to—

(1)any officer or employee of the Bureau of Prisons who—

(A)is employed in a prison that is not a minimum or low security prison; and

(B)may respond to an emergency situation in such a prison; and

(2)to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section.

(b)Training Requirement.—

(1)In general.—

In order for an officer or employee of the Bureau of Prisons, including a correctional officer, to be eligible to receive and carry oleoresin capsicum spray pursuant to this section, the officer or employee shall complete a training course before being issued such spray, and annually thereafter, on the use of oleoresin capsicum spray.

(2)Transferability of training.—

An officer or employee of the Bureau of Prisons who completes a training course pursuant to paragraph (1) and subsequently transfers to employment at a different prison, shall not be required to complete an additional training course solely due such transfer.

(3)Training conducted during regular employment.—

An officer or employee of the Bureau of Prisons who completes a training course required under paragraph (1) shall do so during the course of that officer or employee’s regular employment, and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer or employee’s regular duties.

(c)Use of Oleoresin Capsicum Spray.—

Officers and employees of the Bureau of Prisons issued oleoresin capsicum spray pursuant to subsection (a) may use such spray to reduce acts of violence—

(1)committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons; and

(2)committed by prison visitors against themselves, prisoners, other visitors, and officers and employees of the Bureau of Prisons.

Reference

Citations & Metadata

Citation

18 U.S.C. § 4049

Title 18, Crimes and Criminal Procedure

Last Updated

Sep 22, 2026

Release point: 119-110