§5003 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

The Director of the Bureau of Prisons may make agreements with state or territorial officials to hold and care for people convicted in those state courts if there is enough space and staff. The agreement must either have the state pay the U.S. back for all costs, arrange a swap so the U.S. sends federal prisoners to the state in return, or use a mix of money and prisoner exchanges based on terms the parties agree on. The U.S. cannot agree to take more state prisoners than it sends. Money the U.S. gets under the agreement can be returned to the same federal account that paid for the services. Unless the agreement says otherwise, a person sent to the Attorney General this way must follow federal laws and rules for federal prisoners, as long as those rules do not conflict with the sentence. “State” here includes any U.S. state, territory, possession, and the Canal Zone.

Title 18, §5003

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)(1)The Director of the Bureau of Prisons when proper and adequate facilities and personnel are available may contract with proper officials of a State or territory, for the custody, care, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such State or territory.

(2)Any such contract shall provide—

(A)for reimbursing the United States in full for all costs or expenses involved;

(B)for receiving in exchange persons convicted of criminal offenses in the courts of the United States, to serve their sentence in appropriate institutions or facilities of the State or territory by designation as provided in section 4082(b) 11 See References in Text note below. of this title, this exchange to be made according to formulas or conditions which may be negotiated in the contract; or

(C)for compensating the United States by means of a combination of monetary payment and of receipt of persons convicted of criminal offenses in the courts of the United States, according to formulas or conditions which may be negotiated in the contract.

(3)No such contract shall provide for the receipt of more State or territory prisoners by the United States than are transferred to that State or territory by such contract.

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in the Treasury to the credit of the appropriation or appropriations from which the payments for such service were originally made.

(c)Unless otherwise specifically provided in the contract, a person committed to the Attorney General hereunder shall be subject to all the provisions of law and regulations applicable to persons committed for violations of laws of the United States not inconsistent with the sentence imposed.

(d)The term “State” as used in this section includes any State, territory, or possession of the United States, and the Canal Zone.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4082(b) of this title, referred to in subsec. (a)(2)(B), was repealed, and section 4082(f) was redesignated section 4082(b), by Pub. L. 98–473, title II, § 218(a), Oct. 12, 1984, 98 Stat. 2027. For definition of Canal Zone, referred to in subsec. (d), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Amendments

1986—Subsec. (a). Pub. L. 99–646 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Attorney General, when the Director shall certify that proper and 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, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such State or Territory: Provided, That any such contract shall provide for reimbursing the United States in full for all costs or other expenses involved.” 1965—Subsec. (d). Pub. L. 89–267 added subsec. (d).

§5003 Custody of State Offenders