US (United States) Code. Title 18. Chapter 305: Commitment and transfer

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

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18 USC CHAPTER 305 - COMMITMENT AND TRANSFER 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 305 - COMMITMENT AND TRANSFER

.

-HEAD-

CHAPTER 305 - COMMITMENT AND TRANSFER

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Sec.

4081. Classification and treatment of prisoners.

4082. Commitment to Attorney General; residential treatment

centers; extension of limits of confinement; work furlough.

4083. Penitentiary imprisonment; consent.

4084. Repealed.

4085. Repealed.

4086. Temporary safe-keeping of federal offenders by marshals.

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 601(f)(14), Oct. 11, 1996,

110 Stat. 3500, substituted ''centers;'' for ''centers,'' in item

4082.

1984 - Pub. L. 98-473, title II, Sec. 218(e), Oct. 12, 1984, 98

Stat. 2027, substituted ''Repealed'' for ''Copy of commitment

delivered with prisoner'' in item 4084, and ''Repealed'' for

''Transfer for state offense; expense'' in item 4085.

1965 - Pub. L. 89-176, Sec. 2, Sept. 10, 1965, 79 Stat. 675,

substituted ''residential treatment centers, extension of limits of

confinement; work furlough'' for ''transfer'' in item 4082.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 10 section 955.

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18 USC Sec. 4081 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 305 - COMMITMENT AND TRANSFER

-HEAD-

Sec. 4081. Classification and treatment of prisoners

-STATUTE-

The Federal penal and correctional institutions shall be so

planned and limited in size as to facilitate the development of an

integrated system which will assure the proper classification and

segregation of Federal prisoners according to the nature of the

offenses committed, the character and mental condition of the

prisoners, and such other factors as should be considered in

providing an individualized system of discipline, care, and

treatment of the persons committed to such institutions.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 850.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 907 (May 27, 1930, ch.

339, Sec. 7, 46 Stat. 390).

Language of section is so changed as to make one policy for all

institutions, thus clarifying the manifest intent of Congress.

Minor changes were made in phraseology.

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18 USC Sec. 4082 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 305 - COMMITMENT AND TRANSFER

-HEAD-

Sec. 4082. Commitment to Attorney General; residential treatment

centers; extension of limits of confinement; work furlough

-STATUTE-

(a) The willful failure of a prisoner to remain within the

extended limits of his confinement, or to return within the time

prescribed to an institution or facility designated by the Attorney

General, shall be deemed an escape from the custody of the Attorney

General punishable as provided in chapter 35 of this title.

(b)(1) The Attorney General shall, upon the request of the head

of any law enforcement agency of a State or of a unit of local

government in a State, make available as expeditiously as possible

to such agency, with respect to prisoners who have been convicted

of felony offenses against the United States and who are confined

at a facility which is a residential community treatment center

located in the geographical area in which such agency has

jurisdiction, the following information maintained by the Bureau of

Prisons (to the extent that the Bureau of Prisons maintains such

information) -

(A) the names of such prisoners;

(B) the community treatment center addresses of such prisoners;

(C) the dates of birth of such prisoners;

(D) the Federal Bureau of Investigation numbers assigned to

such prisoners;

(E) photographs and fingerprints of such prisoners; and

(F) the nature of the offenses against the United States of

which each such prisoner has been convicted and the factual

circumstances relating to such offenses.

(2) Any law enforcement agency which receives information under

this subsection shall not disseminate such information outside of

such agency.

(c) As used in this section -

the term ''facility'' shall include a residential community

treatment center; and

the term ''relative'' shall mean a spouse, child (including

stepchild, adopted child or child as to whom the prisoner, though

not a natural parent, has acted in the place of a parent), parent

(including a person who, though not a natural parent, has acted

in the place of a parent), brother, or sister.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 89-176, Sec. 1,

Sept. 10, 1965, 79 Stat. 674; Pub. L. 93-209, Dec. 28, 1973, 87

Stat. 907; Pub. L. 98-473, title II, Sec. 218(a), Oct. 12, 1984, 98

Stat. 2027; Pub. L. 99-646, Sec. 57(a), Nov. 10, 1986, 100 Stat.

3611.)

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HISTORICAL AND REVISION NOTES

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

274, Sec. 7, 46 Stat. 326; June 14, 1941, ch. 204, 55 Stat. 252;

Oct. 21, 1941, ch. 453, 55 Stat. 743).

Words ''by the juvenile court of the District of Columbia, as

well as to those committed by any court of the United States,'' at

end of section were omitted as unnecessary, and word ''all''

inserted before ''persons'', without change of meaning.

Provision against penitentiary imprisonment for a term of 1 year

or less without consent of defendant was incorporated in section

4083 of this title.

The phrase ''if in his judgment it shall be for the well-being of

the prisoner or relieve overcrowded or unhealthful conditions in

the institution where such person is confined or for other

reasons'', was omitted as unnecessary.

Changes were made in phraseology.

This section supersedes section 705 of title 18, U.S.C., 1940

ed., providing for execution of sentences in houses of correction

or reformation; and section 748 of title 18, U.S.C., 1940 ed.,

providing for confinement of prisoners in United States

Disciplinary Barracks.

AMENDMENTS

1986 - Subsecs. (f), (g). Pub. L. 99-646 added subsec. (f) and

redesignated former subsec. (f) as (g).

1984 - Pub. L. 98-473 struck out subsecs. (a) to (c) and (e) and

redesignated subsecs. (d), (f), and (g) as (a), (b), and (c),

respectively. Prior to amendment subsecs. (a) to (c) and (e) read

as follows:

''(a) A person convicted of an offense against the United States

shall be committed, for such term of imprisonment as the court may

direct, to the custody of the Attorney General of the United

States, who shall designate the place of confinement where the

sentence shall be served.

''(b) The Attorney General may designate as a place of

confinement any available, suitable, and appropriate institution or

facility, whether maintained by the Federal Government or

otherwise, and whether within or without the judicial district in

which the person was convicted, and may at any time transfer a

person from one place of confinement to another.

''(c) The Attorney General may extend the limits of the place of

confinement of a prisoner as to whom there is reasonable cause to

believe he will honor his trust, by authorizing him, under

prescribed conditions, to -

''(1) visit a specifically designated place or places for a

period not to exceed thirty days and return to the same or

another institution or facility. An extension of limits may be

granted to permit a visit to a dying relative, attendance at the

funeral of a relative, the obtaining of medical services not

otherwise available, the contacting of prospective employers, the

establishment or reestablishment of family and community ties or

for any other significant reason consistent with the public

interest; or

''(2) work at paid employment or participate in a training

program in the community on a voluntary basis while continuing as

a prisoner of the institution or facility to which he is

committed, provided that -

''(i) representatives of local union central bodies or

similar labor union organizations are consulted;

''(ii) such paid employment will not result in the

displacement of employed workers, or be applied in skills,

crafts, or trades in which there is a surplus of available

gainful labor in the locality, or impair existing contracts for

services; and

''(iii) the rates of pay and other conditions of employment

will not be less than those paid or provided for work of

similar nature in the locality in which the work is to be

performed.

A prisoner authorized to work at paid employment in the community

under this subsection may be required to pay, and the Attorney

General is authorized to collect, such costs incident to the

prisoner's confinement as the Attorney General deems appropriate

and reasonable. Collections shall be deposited in the Treasury

of the United States as miscellaneous receipts.

''(e) The authority conferred upon the Attorney General by this

section shall extend to all persons committed to the National

Training School for Boys.''

1973 - Subsec. (c)(1). Pub. L. 93-209 provided for extension of

limits to permit establishment or reestablishment of family and

community ties and struck out ''only'' after ''may be granted''.

1965 - Subsec. (a). Pub. L. 89-176 designated as subsec. (a)

first unnumbered par. and struck out ''or his authorized

representative'' after ''Attorney General of the United States''.

Subsec. (b). Pub. L. 89-176 designated as subsec. (b) second and

third unnumbered par., inserted ''or facility'' after ''appropriate

institution'', substituted ''may at any time transfer a person from

one place of confinement to another'' for ''may order any inmate

transferred from one institution to another'', and made minor

changes in language.

Subsecs. (c), (d). Pub. L. 89-176 added subsecs. (c) and (d).

Subsec. (e). Pub. L. 89-176 designated as subsec. (e) fourth and

last unnumbered pars.

Subsec. (f). Pub. L. 89-176 added subsec. (f).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5003 of this title.

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18 USC Sec. 4083 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 305 - COMMITMENT AND TRANSFER

-HEAD-

Sec. 4083. Penitentiary imprisonment; consent

-STATUTE-

Persons convicted of offenses against the United States or by

courts-martial punishable by imprisonment for more than one year

may be confined in any United States penitentiary.

A sentence for an offense punishable by imprisonment for one year

or less shall not be served in a penitentiary without the consent

of the defendant.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 86-256, Sept. 14,

1959, 73 Stat. 518.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 753f, 762 (Mar. 2,

1895, ch. 189, Sec. 1, 28 Stat. 957; June 10, 1896, ch. 400, Sec.

1, 29 Stat. 380; May 14, 1930, ch. 274, Sec. 7, 46 Stat. 326; June

14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55 Stat.

743).

Said section 762 was condensed and simplified and extended to all

penitentiaries instead of to Leavenworth only, since the section is

merely declaratory of existing law. (See section 1 of this title

classifying offenses and notes thereunder.)

The second paragraph is derived from said section 753f of title

18, U.S.C., 1940 ed.

Minor changes of phraseology were made.

AMENDMENTS

1959 - Pub. L. 86-256 substituted ''punishable by imprisonment

for'' for ''and sentenced to terms of imprisonment of'' in first

sentence.

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18 USC Sec. 4084, 4085 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 305 - COMMITMENT AND TRANSFER

-HEAD-

(Sec. 4084, 4085. Repealed. Pub. L. 98-473, title II, Sec.

218(a)(3), Oct. 12, 1984, 98 Stat. 2027)

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Section 4084, act June 25, 1948, ch. 645, 62 Stat. 850, related

to delivery of prisoner with copy of commitment.

Section 4085, act June 25, 1948, ch. 645, 62 Stat. 850, related

to authority, expense, etc., respecting transfer of Federal

prisoner for State offense.

EFFECTIVE DATE OF REPEAL

Repeal effective Nov. 1, 1987, and applicable only to offenses

committed after the taking effect of such repeal, see section

235(a)(1) of Pub. L. 98-473, set out as an Effective Date note

under section 3551 of this title.

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18 USC Sec. 4086 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 305 - COMMITMENT AND TRANSFER

-HEAD-

Sec. 4086. Temporary safe-keeping of federal offenders by marshals

-STATUTE-

United States marshals shall provide for the safe-keeping of any

person arrested, or held under authority of any enactment of

Congress pending commitment to an institution.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 851.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 691, 692, (R.S. Sec.

5537, 5538).

Said section 691 of title 18, U.S.C., 1940 ed., is superseded by

sections 753b and 753c of title 18, U.S.C., 1940 ed., which are

incorporated in sections 4002, 4003 and 4042 of this title.

This section is rewritten to retain the intent of section 692 of

title 18, U.S.C., 1940 ed., which was to insure a safekeeping of

United States prisoners until their commitment or confinement in

Federal penal institutions. The language conforms with that of

said sections 692 and 753b.

Minor changes were made in phraseology.

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