US (United States) Code. Title 18. Chapter 303: Bureau of Prisons

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure. Prisoners

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-CITE-

18 USC CHAPTER 303 - BUREAU OF PRISONS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 303 - BUREAU OF PRISONS

.

-HEAD-

CHAPTER 303 - BUREAU OF PRISONS

-MISC1-

Sec.

4041. Bureau of Prisons; director and employees.

4042. Duties of Bureau of Prisons.

4043. Acceptance of gifts and bequests to the Commissary Funds,

Federal Prisons.

4044. Donations on behalf of the Bureau of Prisons.

4045. Authority to conduct autopsies.

4046. Shock incarceration program.

4047. Prison impact assessments.

4048. Fees for health care services for prisoners.

AMENDMENTS

2000 - Pub. L. 106-294, Sec. 2(b), Oct. 12, 2000, 114 Stat. 1040,

added item 4048.

1994 - Pub. L. 103-322, title II, Sec. 20402(b), Sept. 13, 1994,

108 Stat. 1825, added item 4047.

1990 - Pub. L. 101-647, title XXX, Sec. 3001(b), Nov. 29, 1990,

104 Stat. 4915, added item 4046.

1986 - Pub. L. 99-646, Sec. 67(b), Nov. 10, 1986, 100 Stat. 3616,

added items 4044 and 4045.

1982 - Pub. L. 97-258, Sec. 2(d)(4)(A), Sept. 13, 1982, 96 Stat.

1059, added item 4043.

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18 USC Sec. 4041 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 303 - BUREAU OF PRISONS

-HEAD-

Sec. 4041. Bureau of Prisons; director and employees

-STATUTE-

The Bureau of Prisons shall be in charge of a director appointed

by and serving directly under the Attorney General. The Attorney

General may appoint such additional officers and employees as he

deems necessary.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 849; Pub. L. 107-273, div. A,

title III, Sec. 302(1), Nov. 2, 2002, 116 Stat. 1781.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753 (May 14, 1930, ch.

274, Sec. 1, 46 Stat. 325).

The entire second sentence was omitted as executed. All powers

and authority originally vested in the former Superintendent of

Prisons are now possessed by the Bureau of Prisons.

Minor changes of phraseology were made.

AMENDMENTS

2002 - Pub. L. 107-273 struck out ''at a salary of $10,000 a

year'' after ''under the Attorney General''.

COMPENSATION OF DIRECTOR

Compensation of Director, see section 5315 of Title 5, Government

Organization and Employees.

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18 USC Sec. 4042 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 303 - BUREAU OF PRISONS

-HEAD-

Sec. 4042. Duties of Bureau of Prisons

-STATUTE-

(a) In General. - The Bureau of Prisons, under the direction of

the Attorney General, shall -

(1) have charge of the management and regulation of all Federal

penal and correctional institutions;

(2) provide suitable quarters and provide for the safekeeping,

care, and subsistence of all persons charged with or convicted of

offenses against the United States, or held as witnesses or

otherwise;

(3) provide for the protection, instruction, and discipline of

all persons charged with or convicted of offenses against the

United States;

(4) provide technical assistance to State and local governments

in the improvement of their correctional systems; and

(5) provide notice of release of prisoners in accordance with

subsections (b) and (c).

(b) Notice of Release of Prisoners. - (1) At least 5 days prior

to the date on which a prisoner described in paragraph (3) is to be

released on supervised release, or, in the case of a prisoner on

supervised release, at least 5 days prior to the date on which the

prisoner changes residence to a new jurisdiction, written notice of

the release or change of residence shall be provided to the chief

law enforcement officer of the State and of the local jurisdiction

in which the prisoner will reside. Notice prior to release shall

be provided by the Director of the Bureau of Prisons. Notice

concerning a change of residence following release shall be

provided by the probation officer responsible for the supervision

of the released prisoner, or in a manner specified by the Director

of the Administrative Office of the United States Courts. The

notice requirements under this subsection do not apply in relation

to a prisoner being protected under chapter 224.

(2) A notice under paragraph (1) shall disclose -

(A) the prisoner's name;

(B) the prisoner's criminal history, including a description of

the offense of which the prisoner was convicted; and

(C) any restrictions on conduct or other conditions to the

release of the prisoner that are imposed by law, the sentencing

court, or the Bureau of Prisons or any other Federal agency.

(3) A prisoner is described in this paragraph if the prisoner was

convicted of -

(A) a drug trafficking crime, as that term is defined in

section 924(c)(2); or

(B) a crime of violence (as defined in section 924(c)(3)).

(c) Notice of Sex Offender Release. - (1) In the case of a person

described in paragraph (4) who is released from prison or sentenced

to probation, notice shall be provided to -

(A) the chief law enforcement officer of the State and of the

local jurisdiction in which the person will reside; and

(B) a State or local agency responsible for the receipt or

maintenance of sex offender registration information in the State

or local jurisdiction in which the person will reside.

The notice requirements under this subsection do not apply in

relation to a person being protected under chapter 224.

(2) Notice provided under paragraph (1) shall include the

information described in subsection (b)(2), the place where the

person will reside, and the information that the person shall be

subject to a registration requirement as a sex offender. For a

person who is released from the custody of the Bureau of Prisons

whose expected place of residence following release is known to the

Bureau of Prisons, notice shall be provided at least 5 days prior

to release by the Director of the Bureau of Prisons. For a person

who is sentenced to probation, notice shall be provided promptly by

the probation officer responsible for the supervision of the

person, or in a manner specified by the Director of the

Administrative Office of the United States Courts. Notice

concerning a subsequent change of residence by a person described

in paragraph (4) during any period of probation, supervised

release, or parole shall also be provided to the agencies and

officers specified in paragraph (1) by the probation officer

responsible for the supervision of the person, or in a manner

specified by the Director of the Administrative Office of the

United States Courts.

(3) The Director of the Bureau of Prisons shall inform a person

described in paragraph (4) who is released from prison that the

person shall be subject to a registration requirement as a sex

offender in any State in which the person resides, is employed,

carries on a vocation, or is a student (as such terms are defined

for purposes of section 170101(a)(3) of the Violent Crime Control

and Law Enforcement Act of 1994), and the same information shall be

provided to a person described in paragraph (4) who is sentenced to

probation by the probation officer responsible for supervision of

the person or in a manner specified by the Director of the

Administrative Office of the United States Courts.

(4) A person is described in this paragraph if the person was

convicted of any of the following offenses (including such an

offense prosecuted pursuant to section 1152 or 1153):

(A) An offense under section 1201 involving a minor victim.

(B) An offense under chapter 109A.

(C) An offense under chapter 110.

(D) An offense under chapter 117.

(E) Any other offense designated by the Attorney General as a

sexual offense for purposes of this subsection.

(5) The United States and its agencies, officers, and employees

shall be immune from liability based on good faith conduct in

carrying out this subsection and subsection (b).

(d) Application of Section. - This section shall not apply to

military or naval penal or correctional institutions or the persons

confined therein.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 849; Pub. L. 90-371, July 1,

1968, 82 Stat. 280; Pub. L. 103-322, title II, Sec. 20417, Sept.

13, 1994, 108 Stat. 1834; Pub. L. 105-119, title I, Sec.

115(a)(8)(A), Nov. 26, 1997, 111 Stat. 2464.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753a, 753b, (May 14,

1930, ch. 274, Sec. 2, 3, 46 Stat. 325).

Because of similarity in the provisions, the first sentence of

section 753b of title 18, U.S.C., 1940 ed., was consolidated with

section 753a of title 18, U.S.C., 1940 ed., to form this section.

Minor changes were made in phraseology.

The remainder of said section 753b of title 18, U.S.C., 1940 ed.,

is incorporated in section 4002 of this title.

-REFTEXT-

REFERENCES IN TEXT

Section 170101(a)(3) of the Violent Crime Control and Law

Enforcement Act of 1994, referred to in subsec. (c)(3), is

classified to section 14071(a)(3) of Title 42, The Public Health

and Welfare.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(5). Pub. L. 105-119, Sec. 115(a)(8)(A)(i),

substituted ''subsections (b) and (c)'' for ''subsection (b)''.

Subsec. (b)(4). Pub. L. 105-119, Sec. 115(a)(8)(A)(ii), struck

out par. (4) which read as follows: ''The notice provided under

this section shall be used solely for law enforcement purposes.''

Subsecs. (c), (d). Pub. L. 105-119, Sec. 115(a)(8)(A)(iv), added

subsec. (c) and redesignated former subsec. (c) as (d).

1994 - Pub. L. 103-322 designated first par. of existing

provisions as subsec. (a) and inserted heading, substituted

''provide'' for ''Provide'' and ''; and'' for period at end of par.

(4), added par. (5) and subsec. (b), and designated second sentence

of existing provisions as subsec. (c) and inserted heading.

1968 - Pub. L. 90-371 added cl. (4).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-119 effective 1 year after Nov. 26,

1997, see section 115(c)(1) of Pub. L. 105-119, set out as a note

under section 14071 of Title 42, The Public Health and Welfare.

AMENITIES OR PERSONAL COMFORTS

Pub. L. 107-77, title VI, Sec. 611, Nov. 28, 2001, 115 Stat. 800,

provided that: ''Hereafter, none of the funds appropriated or

otherwise made available to the Bureau of Prisons shall be used to

provide the following amenities or personal comforts in the Federal

prison system -

''(1) in-cell television viewing except for prisoners who are

segregated from the general prison population for their own

safety;

''(2) the viewing of R, X, and NC-17 rated movies, through

whatever medium presented;

''(3) any instruction (live or through broadcasts) or training

equipment for boxing, wrestling, judo, karate, or other martial

art, or any bodybuilding or weightlifting equipment of any sort;

''(4) possession of in-cell coffee pots, hot plates or heating

elements; or

''(5) the use or possession of any electric or electronic

musical instrument.''

Similar provisions were contained in the following appropriation

acts:

Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec. 611), Dec. 21,

2000, 114 Stat. 2762, 2762A-105.

Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title VI, Sec. 612),

Nov. 29, 1999, 113 Stat. 1535, 1501A-54.

Pub. L. 105-277, div. A, Sec. 101(b) (title VI, Sec. 611), Oct.

21, 1998, 112 Stat. 2681-50, 2681-113.

Pub. L. 105-119, title VI, Sec. 611, Nov. 26, 1997, 111 Stat.

2517.

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title VI, Sec.

611), Sept. 30, 1996, 110 Stat. 3009, 3009-66.

Pub. L. 104-134, title I, Sec. 101((a)) (title VI, Sec. 611),

Apr. 26, 1996, 110 Stat. 1321, 1321-64; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.

SEXUALLY EXPLICIT COMMERCIALLY PUBLISHED MATERIAL

Pub. L. 107-77, title VI, Sec. 614, Nov. 28, 2001, 115 Stat. 801,

provided that: ''Hereafter, none of the funds appropriated or

otherwise made available to the Federal Bureau of Prisons may be

used to distribute or make available any commercially published

information or material to a prisoner when it is made known to the

Federal official having authority to obligate or expend such funds

that such information or material is sexually explicit or features

nudity.''

Similar provisions were contained in the following appropriation

acts:

Pub. L. 106-553, Sec. 1(a)(2) (title VI, Sec. 614), Dec. 21,

2000, 114 Stat. 2762, 2762A-106.

Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title VI, Sec. 615),

Nov. 29, 1999, 113 Stat. 1535, 1501A-54.

Pub. L. 105-277, div. A, Sec. 101(b) (title VI, Sec. 614), Oct.

21, 1998, 112 Stat. 2681-50, 2681-113.

Pub. L. 105-119, title VI, Sec. 614, Nov. 26, 1997, 111 Stat.

2518.

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title VI, Sec.

614), Sept. 30, 1996, 110 Stat. 3009, 3009-66.

REIMBURSEMENT FOR CERTAIN EXPENSES OUTSIDE OF FEDERAL INSTITUTIONS

Pub. L. 106-553, Sec. 1(a)(2) (title I), Dec. 21, 2000, 114 Stat.

2762, 2762A-55, provided in part: ''That hereafter amounts

appropriated for Federal Prisoner Detention shall be available to

reimburse the Federal Bureau of Prisons for salaries and expenses

of transporting, guarding and providing medical care outside of

Federal penal and correctional institutions to prisoners awaiting

trial or sentencing.''

GUIDELINES FOR STATES REGARDING INFECTIOUS DISEASES IN CORRECTIONAL

INSTITUTIONS

Pub. L. 105-370, Sec. 2(c), Nov. 12, 1998, 112 Stat. 3375,

provided that: ''Not later than 1 year after the date of the

enactment of this Act (Nov. 12, 1998), the Attorney General, in

consultation with the Secretary of Health and Human Services, shall

provide to the several States proposed guidelines for the

prevention, detection, and treatment of incarcerated persons and

correctional employees who have, or may be exposed to, infectious

diseases in correctional institutions.''

PRISONER ACCESS

Pub. L. 105-314, title VIII, Sec. 801, Oct. 30, 1998, 112 Stat.

2990, provided that: ''Notwithstanding any other provision of law,

no agency, officer, or employee of the United States shall

implement, or provide any financial assistance to, any Federal

program or Federal activity in which a Federal prisoner is allowed

access to any electronic communication service or remote computing

service without the supervision of an official of the Federal

Government.''

APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES

Section 20404 of Pub. L. 103-322 provided that: ''In the case of

a prisoner convicted of an offense committed prior to November 1,

1987, the reference to supervised release in section 4042(b) of

title 18, United States Code, shall be deemed to be a reference to

probation or parole.''

COST SAVINGS MEASURES

Pub. L. 101-647, title XXIX, Sec. 2907, Nov. 29, 1990, 104 Stat.

4915, provided that: ''The Director of the Federal Bureau of

Prisons (referred to as the 'Director') shall, to the extent

practicable, take such measures as are appropriate to cut costs of

construction. Such measures may include reducing expenditures for

amenities including, for example, color television or pool

tables.''

ADMINISTRATION OF CONFINEMENT FACILITIES LOCATED ON MILITARY

INSTALLATIONS BY BUREAU OF PRISONS

Pub. L. 100-690, title VII, Sec. 7302, Nov. 18, 1988, 102 Stat.

4463, provided that: ''In conjunction with the Department of

Defense and the Commission on Alternative Utilization of Military

Facilities as established in the National Defense Authorization Act

of Fiscal Year 1989 (see section 2819 of Pub. L. 100-456, 104 Stat.

1820, formerly set out as a note under section 2391 of Title 10,

Armed Forces), the Bureau of Prisons shall be responsible for -

''(1) administering Bureau of Prisons confinement facilities

for civilian nonviolent prisoners located on military

installations in cooperation with the Secretary of Defense, with

an emphasis on placing women inmates in such facilities, or in

similar minimum security confinement facilities not located on

military installations, so that the percentage of eligible women

equals the percentage of eligible men housed in such or similar

minimum security confinement facilities (i.e., prison camps);

''(2) establishing and regulating drug treatment programs for

inmates held in such facilities in coordination and cooperation

with the National Institute on Drug Abuse; and

''(3) establishing and managing work programs in accordance

with guidelines under the Bureau of Prisons for persons held in

such facilities and in cooperation with the installation

commander.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3563, 3583 of this title;

title 42 section 14072.

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18 USC Sec. 4043 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 303 - BUREAU OF PRISONS

-HEAD-

Sec. 4043. Acceptance of gifts and bequests to the Commissary

Funds, Federal Prisons

-STATUTE-

The Attorney General may accept gifts or bequests of money for

credit to the ''Commissary Funds, Federal Prisons''. A gift or

bequest under this section is a gift or bequest to or for the use

of the United States under the Internal Revenue Code of 1986 (26

U.S.C. 1 et seq.).

-SOURCE-

(Added Pub. L. 97-258, Sec. 2(d)(4)(B), Sept. 13, 1982, 96 Stat.

1059; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

4043 31:725s-4. May 15, 1952, ch.

289, Sec. 2, 66

Stat. 72; July 9,

1952, ch. 600, 66

Stat. 479.

-------------------------------

AMENDMENTS

1986 - Pub. L. 99-514 substituted ''Internal Revenue Code of

1986'' for ''Internal Revenue Code of 1954''.

EXPENDITURES; INMATE TELEPHONE SYSTEM

Pub. L. 105-277, div. A, Sec. 101(b) (title I, Sec. 108), Oct.

21, 1998, 112 Stat. 2681-50, 2681-67, provided that: ''For fiscal

year 1999 and thereafter, the Director of the Bureau of Prisons may

make expenditures out of the Commissary Fund of the Federal Prison

System, regardless of whether any such expenditure is

security-related, for programs, goods, and services for the benefit

of inmates (to the extent the provision of those programs, goods,

or services to inmates is not otherwise prohibited by law),

including -

''(1) the installation, operation, and maintenance of the

Inmate Telephone System;

''(2) the payment of all the equipment purchased or leased in

connection with the Inmate Telephone System; and

''(3) the salaries, benefits, and other expenses of personnel

who install, operate, and maintain the Inmate Telephone System.''

DEPOSIT OR INVESTMENT OF EXCESS AMOUNTS IN FEDERAL PRISON

COMMISSARY FUND

Section 108 of H.R. 2076, One Hundred Fourth Congress, as passed

by the House of Representatives on Dec. 6, 1995, and as enacted

into law by Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110

Stat. 11, as amended by Pub. L. 104-99, title II, Sec. 211, Jan.

26, 1996, 110 Stat. 37, provided that: ''For fiscal year 1996 and

each fiscal year thereafter, amounts in the Federal Prison System's

Commissary Fund, Federal Prisons, which are not currently needed

for operations, shall be kept on deposit or invested in obligations

of, or guaranteed by, the United States and all earnings on such

investment shall be deposited in the Commissary Fund.''

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 103-317, title I, Sec. 107, Aug. 26, 1994, 108 Stat.

1735.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 sections 170, 2055.

-CITE-

18 USC Sec. 4044 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 303 - BUREAU OF PRISONS

-HEAD-

Sec. 4044. Donations on behalf of the Bureau of Prisons

-STATUTE-

The Attorney General may, in accordance with rules prescribed by

the Attorney General, accept in the name of the Department of

Justice any form of devise, bequest, gift or donation of money or

property for use by the Bureau of Prisons or Federal Prison

Industries. The Attorney General may take all appropriate steps to

secure possession of such property and may sell, assign, transfer,

or convey such property other than money.

-SOURCE-

(Added Pub. L. 99-646, Sec. 67(a), Nov. 10, 1986, 100 Stat. 3616.)

-CITE-

18 USC Sec. 4045 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 303 - BUREAU OF PRISONS

-HEAD-

Sec. 4045. Authority to conduct autopsies

-STATUTE-

A chief executive officer of a Federal penal or correctional

facility may, pursuant to rules prescribed by the Director, order

an autopsy and related scientific or medical tests to be performed

on the body of a deceased inmate of the facility in the event of

homicide, suicide, fatal illness or accident, or unexplained death,

when it is determined that such autopsy or test is necessary to

detect a crime, maintain discipline, protect the health or safety

of other inmates, remedy official misconduct, or defend the United

States or its employees from civil liability arising from the

administration of the facility. To the extent consistent with the

needs of the autopsy or of specific scientific or medical tests,

provisions of State and local law protecting religious beliefs with

respect to such autopsies shall be observed. Such officer may also

order an autopsy or post-mortem operation, including removal of

tissue for transplanting, to be performed on the body of a deceased

inmate of the facility, with the written consent of a person

authorized to permit such an autopsy or post-mortem operation under

the law of the State in which the facility is located.

-SOURCE-

(Added Pub. L. 99-646, Sec. 67(a), Nov. 10, 1986, 100 Stat. 3616.)

-CITE-

18 USC Sec. 4046 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 303 - BUREAU OF PRISONS

-HEAD-

Sec. 4046. Shock incarceration program

-STATUTE-

(a) The Bureau of Prisons may place in a shock incarceration

program any person who is sentenced to a term of imprisonment of

more than 12, but not more than 30, months, if such person consents

to that placement.

(b) For such initial portion of the term of imprisonment as the

Bureau of Prisons may determine, not to exceed 6 months, an inmate

in the shock incarceration program shall be required to -

(1) adhere to a highly regimented schedule that provides the

strict discipline, physical training, hard labor, drill, and

ceremony characteristic of military basic training; and

(2) participate in appropriate job training and educational

programs (including literacy programs) and drug, alcohol, and

other counseling programs.

(c) An inmate who in the judgment of the Director of the Bureau

of Prisons has successfully completed the required period of shock

incarceration shall remain in the custody of the Bureau for such

period (not to exceed the remainder of the prison term otherwise

required by law to be served by that inmate), and under such

conditions, as the Bureau deems appropriate.

-SOURCE-

(Added Pub. L. 101-647, title XXX, Sec. 3001(a), Nov. 29, 1990, 104

Stat. 4915.)

-MISC1-

AUTHORIZATION OF APPROPRIATIONS

Section 3002 of Pub. L. 101-647 provided that: ''There are

authorized to be appropriated for fiscal year 1990 and each fiscal

year thereafter such sums as may be necessary to carry out the

shock incarceration program established under the amendments made

by this Act (see Tables for classification)''.

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18 USC Sec. 4047 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 303 - BUREAU OF PRISONS

-HEAD-

Sec. 4047. Prison impact assessments

-STATUTE-

(a) Any submission of legislation by the Judicial or Executive

branch which could increase or decrease the number of persons

incarcerated in Federal penal institutions shall be accompanied by

a prison impact statement (as defined in subsection (b)).

(b) The Attorney General shall, in consultation with the

Sentencing Commission and the Administrative Office of the United

States Courts, prepare and furnish prison impact assessments under

subsection (c) of this section, and in response to requests from

Congress for information relating to a pending measure or matter

that might affect the number of defendants processed through the

Federal criminal justice system. A prison impact assessment on

pending legislation must be supplied within 21 days of any

request. A prison impact assessment shall include -

(1) projections of the impact on prison, probation, and post

prison supervision populations;

(2) an estimate of the fiscal impact of such population changes

on Federal expenditures, including those for construction and

operation of correctional facilities for the current fiscal year

and 5 succeeding fiscal years;

(3) an analysis of any other significant factor affecting the

cost of the measure and its impact on the operations of

components of the criminal justice system; and

(4) a statement of the methodologies and assumptions utilized

in preparing the assessment.

(c) The Attorney General shall prepare and transmit to the

Congress, by March 1 of each year, a prison impact assessment

reflecting the cumulative effect of all relevant changes in the law

taking effect during the preceding calendar year.

-SOURCE-

(Added Pub. L. 103-322, title II, Sec. 20402(a), Sept. 13, 1994,

108 Stat. 1824.)

-CITE-

18 USC Sec. 4048 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 303 - BUREAU OF PRISONS

-HEAD-

Sec. 4048. Fees for health care services for prisoners

-STATUTE-

(a) Definitions. - In this section -

(1) the term ''account'' means the trust fund account (or

institutional equivalent) of a prisoner;

(2) the term ''Director'' means the Director of the Bureau of

Prisons;

(3) the term ''health care provider'' means any person who is -

(A) authorized by the Director to provide health care

services; and

(B) operating within the scope of such authorization;

(4) the term ''health care visit'' -

(A) means a visit, as determined by the Director, by a

prisoner to an institutional or noninstitutional health care

provider; and

(B) does not include a visit initiated by a prisoner -

(i) pursuant to a staff referral; or

(ii) to obtain staff-approved follow-up treatment for a

chronic condition; and

(5) the term ''prisoner'' means -

(A) any individual who is incarcerated in an institution

under the jurisdiction of the Bureau of Prisons; or

(B) any other individual, as designated by the Director, who

has been charged with or convicted of an offense against the

United States.

(b) Fees for Health Care Services. -

(1) In general. - The Director, in accordance with this section

and with such regulations as the Director shall promulgate to

carry out this section, may assess and collect a fee for health

care services provided in connection with each health care visit

requested by a prisoner.

(2) Exclusion. - The Director may not assess or collect a fee

under this section for preventative health care services,

emergency services, prenatal care, diagnosis or treatment of

chronic infectious diseases, mental health care, or substance

abuse treatment, as determined by the Director.

(c) Persons Subject to Fee. - Each fee assessed under this

section shall be collected by the Director from the account of -

(1) the prisoner receiving health care services in connection

with a health care visit described in subsection (b)(1); or

(2) in the case of health care services provided in connection

with a health care visit described in subsection (b)(1) that

results from an injury inflicted on a prisoner by another

prisoner, the prisoner who inflicted the injury, as determined by

the Director.

(d) Amount of Fee. - Any fee assessed and collected under this

section shall be in an amount of not less than $1.

(e) No Consent Required. - Notwithstanding any other provision of

law, the consent of a prisoner shall not be required for the

collection of a fee from the account of the prisoner under this

section. However, each such prisoner shall be given a reasonable

opportunity to dispute the amount of the fee or whether the

prisoner qualifies under an exclusion under this section.

(f) No Refusal of Treatment For Financial Reasons. - Nothing in

this section may be construed to permit any refusal of treatment to

a prisoner on the basis that -

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

(2) the prisoner is otherwise unable to pay a fee assessed

under this section.

(g) Use of Amounts. -

(1) Restitution of specific victims. - Amounts collected by the

Director under this section from a prisoner subject to an order

of restitution issued pursuant to section 3663 or 3663A shall be

paid to victims in accordance with the order of restitution.

(2) Allocation of other amounts. - Of amounts collected by the

Director under this section from prisoners not subject to an

order of restitution issued pursuant to section 3663 or 3663A -

(A) 75 percent shall be deposited in the Crime Victims Fund

established under section 1402 of the Victims of Crime Act of

1984 (42 U.S.C. 10601); and

(B) 25 percent shall be available to the Attorney General for

administrative expenses incurred in carrying out this section.

(h) Notice to Prisoners of Law. - Each person who is or becomes a

prisoner shall be provided with written and oral notices of the

provisions of this section and the applicability of this section to

the prisoner. Notwithstanding any other provision of this section,

a fee under this section may not be assessed against, or collected

from, such person -

(1) 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

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

(i) Notice to Prisoners of Regulations. - The regulations

promulgated by the Director under subsection (b)(1), and any

amendments to those regulations, 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 those regulations (or amendments, as

the case may be). A fee under this section may not be assessed

against, or collected from, a prisoner pursuant to such regulations

(or amendments, as the case may be) for services provided before

the expiration of such period.

(j) Notice Before Public Comment Period. - Before the beginning

of any period a proposed regulation under this section is open to

public comment, the Director shall provide written and oral notice

of the provisions of that proposed regulation to groups that

advocate on behalf of Federal prisoners and to each prisoner

subject to such proposed regulation.

(k) Reports to Congress. - Not later than 1 year after the date

of the enactment of the Federal Prisoner Health Care Copayment Act

of 2000, and annually thereafter, the Director shall transmit to

Congress a report, which shall include -

(1) a description of the amounts collected under this section

during the preceding 12-month period;

(2) an analysis of the effects of the implementation of this

section, if any, on the nature and extent of heath care visits by

prisoners;

(3) an itemization of the cost of implementing and

administering the program;

(4) a description of current inmate health status indicators as

compared to the year prior to enactment; and

(5) a description of the quality of health care services

provided to inmates during the preceding 12-month period, as

compared with the quality of those services provided during the

12-month period ending on the date of the enactment of such Act.

(l) Comprehensive HIV/AIDS Services Required. - The Bureau of

Prisons 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 the Bureau of Prisons when medically appropriate. The Bureau of

Prisons may not assess or collect a fee under this section for

providing such coverage.

-SOURCE-

(Added Pub. L. 106-294, Sec. 2(a), Oct. 12, 2000, 114 Stat. 1038.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Federal Prisoner Health Care

Copayment Act of 2000, referred to in subsec. (k), is the date of

enactment of Pub. L. 106-294, which was approved Oct. 12, 2000.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4013 of this title.

-CITE-