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18 USC CHAPTER 401 - GENERAL PROVISIONS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 401 - GENERAL PROVISIONS

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CHAPTER 401 - GENERAL PROVISIONS

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Sec.

5001. Surrender to State authorities; expenses.

(5002. Repealed.)

5003. Custody of State offenders.

AMENDMENTS

1996 - Pub. L. 104-134, title I, Sec. 101((a)) (title VI, Sec.

614(a)(2)), Apr. 26, 1996, 110 Stat. 1321, 1321-65; renumbered

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

struck out item 5002 ''Advisory Corrections Council''.

1952 - Act May 9, 1952, ch. 253, Sec. 2, 66 Stat. 68, added item

5003.

1950 - Act Sept. 30, 1950, ch. 1115, Sec. 5(b), 64 Stat. 1090,

added item 5002.

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18 USC Sec. 5001 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 401 - GENERAL PROVISIONS

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Sec. 5001. Surrender to State authorities; expenses

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Whenever any person under twenty-one years of age has been

arrested, charged with the commission of an offense punishable in

any court of the United States or of the District of Columbia, and,

after investigation by the Department of Justice, it appears that

such person has committed an offense or is a delinquent under the

laws of any State or of the District of Columbia which can and will

assume jurisdiction over such juvenile and will take him into

custody and deal with him according to the laws of such State or of

the District of Columbia, and that it will be to the best interest

of the United States and of the juvenile offender, the United

States attorney of the district in which such person has been

arrested may forego his prosecution and surrender him as herein

provided, unless such surrender is precluded under section 5032 of

this title.

The United States marshal of such district upon written order of

the United States attorney shall convey such person to such State

or the District of Columbia, or, if already therein, to any other

part thereof and deliver him into the custody of the proper

authority thereof.

Before any person is conveyed from one State to another or from

or to the District of Columbia under this section, he shall signify

his willingness to be so returned, or there shall be presented to

the United States attorney a demand from the executive authority of

such State or the District of Columbia, to which the prisoner is to

be returned, supported by indictment or affidavit as prescribed by

section 3182 of this title.

The expense incident to the transportation of any such person, as

herein authorized, shall be paid from the appropriation ''Salaries,

Fees, and Expenses, United States Marshals.''

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 100-690, title VI,

Sec. 6467(b), Nov. 18, 1988, 102 Stat. 4376.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 662a (June 11, 1932,

ch. 243, 47 Stat. 301).

Language preceding ''Whenever'' was omitted as unnecessary, and

''the District of Columbia'' was inserted after ''State''.

Changes were made in phraseology and surplusage eliminated.

AMENDMENTS

1988 - Pub. L. 100-690 inserted '', unless such surrender is

precluded under section 5032 of this title'' before period at end

of first par.

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18 USC Sec. 5002 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 401 - GENERAL PROVISIONS

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(Sec. 5002. Repealed. Pub. L. 104-134, title I, Sec. 101((a))

(title VI, Sec. 614(a)(1)), Apr. 26, 1996, 110 Stat. 1321,

1321-65; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2,

1996, 110 Stat. 1327)

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Section, added act Sept. 30, 1950, ch. 1115, Sec. 4, 64 Stat.

1090; amended Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 223(p),

98 Stat. 2030, provided for creation of Advisory Corrections

Council.

EFFECTIVE DATE OF REPEAL

Section 101((a)) (title VI, Sec. 614(b)) of Pub. L. 104-134

provided that: ''This section (repealing this section) shall take

effect 30 days after the date of the enactment of this Act (Apr.

26, 1996).''

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18 USC Sec. 5003 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART IV - CORRECTION OF YOUTHFUL OFFENDERS

CHAPTER 401 - GENERAL PROVISIONS

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Sec. 5003. Custody of State offenders

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(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)

(FOOTNOTE 1) of this title, this exchange to be made according to

formulas or conditions which may be negotiated in the contract;

or

(FOOTNOTE 1) See References in Text note below.

(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.

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(Added May 9, 1952, ch. 253, Sec. 1, 66 Stat. 68; amended Pub. L.

89-267, Sec. 1, Oct. 19, 1965, 79 Stat. 990; Pub. L. 99-646, Sec.

66, Nov. 10, 1986, 100 Stat. 3615.)

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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, Sec. 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.

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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).

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