Collapse to view only § 4041. Bureau of Prisons; director and employees
- § 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
- § 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray
- § 4050. Secure firearms storage
- § 4051. Treatment of primary caretaker parents and other individuals
§ 4041. Bureau of Prisons; director and employees
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.
(June 25, 1948, ch. 645, 62 Stat. 849; Pub. L. 107–273, div. A, title III, § 302(1), Nov. 2, 2002, 116 Stat. 1781.)
§ 4042. Duties of Bureau of Prisons
(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, tribal, and local governments in the improvement of their correctional systems;
(5) provide notice of release of prisoners in accordance with subsections (b) and (c);
(6) establish prerelease planning procedures that help prisoners—
(A) apply for Federal and State benefits upon release (including Social Security benefits, and veterans’ benefits);
(B) obtain identification, including a social security card, driver’s license or other official photo identification, and a birth certificate; and
(C) secure such identification and benefits prior to release from a sentence to a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence to a term of community confinement, subject to any limitations in law; and
(7) establish reentry planning procedures that include providing Federal prisoners with information in the following areas:
(A) Health and nutrition.
(B) Employment.
(C) Literacy and education.
(D) Personal finance and consumer skills.
(E) Community resources.
(F) Personal growth and development.
(G) Release requirements and procedures.
(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 officers of each State, tribal, and 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 (3), or any other person in a category specified by the Attorney General, who is released from prison or sentenced to probation, notice shall be provided to—
(A) the chief law enforcement officer of each State, tribal, and local jurisdiction in which the person will reside; and
(B) a State, tribal, or local agency responsible for the receipt or maintenance of sex offender registration information in the State, tribal, 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 register as required by the Sex Offender Registration and Notification Act. 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 (3) 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 who is released from prison and required to register under the Sex Offender Registration and Notification Act of the requirements of that Act as they apply to that person and the same information shall be provided to a person sentenced to probation by the probation officer responsible for supervision of that person.
[(4) Repealed. Pub. L. 109–248, title I, § 141(h), July 27, 2006, 120 Stat. 604.]
(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.
(June 25, 1948, ch. 645, 62 Stat. 849; Pub. L. 90–371, July 1, 1968, 82 Stat. 280; Pub. L. 103–322, title II, § 20417, Sept. 13, 1994, 108 Stat. 1834; Pub. L. 105–119, title I, § 115(a)(8)(A), Nov. 26, 1997, 111 Stat. 2464; Pub. L. 109–248, title I, § 141(f)–(h), July 27, 2006, 120 Stat. 603, 604; Pub. L. 110–199, title II, § 231(d)(1), Apr. 9, 2008, 122 Stat. 685; Pub. L. 111–211, title II, § 261(a), July 29, 2010, 124 Stat. 2299; Pub. L. 115–391, title VI, § 604(b), Dec. 21, 2018, 132 Stat. 5241.)
§ 4043. Acceptance of gifts and bequests to the Commissary Funds, Federal Prisons
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.).
(Added Pub. L. 97–258, § 2(d)(4)(B), Sept. 13, 1982, 96 Stat. 1059; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
§ 4044. Donations on behalf of the Bureau of Prisons
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.
(Added Pub. L. 99–646, § 67(a), Nov. 10, 1986, 100 Stat. 3616.)
§ 4045. Authority to conduct autopsies
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.
(Added Pub. L. 99–646, § 67(a), Nov. 10, 1986, 100 Stat. 3616.)
§ 4046. Shock incarceration program
(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.
(Added Pub. L. 101–647, title XXX, § 3001(a), Nov. 29, 1990, 104 Stat. 4915.)
§ 4047. Prison impact assessments
(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.
(Added Pub. L. 103–322, title II, § 20402(a), Sept. 13, 1994, 108 Stat. 1824.)
§ 4048. Fees for health care services for prisoners
(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); 1
1 See References in Text note below.
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.
(Added Pub. L. 106–294, § 2(a), Oct. 12, 2000, 114 Stat. 1038.)
§ 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray
(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.
(Added Pub. L. 114–133, § 2(a), Mar. 9, 2016, 130 Stat. 296.)
§ 4050. Secure firearms storage
(a)Definitions.—In this section—
(1) the term “employee” means a qualified law enforcement officer employed by the Bureau of Prisons; and
(2) the terms “firearm” and “qualified law enforcement officer” have the meanings given those terms under section 926B.
(b)Secure Firearms Storage.—The Director of the Bureau of Prisons shall ensure that each chief executive officer of a Federal penal or correctional institution—
(1)
(A) provides a secure storage area located outside of the secure perimeter of the institution for employees to store firearms; or
(B) allows employees to store firearms in a vehicle lockbox approved by the Director of the Bureau of Prisons; and
(2) notwithstanding any other provision of law, allows employees to carry concealed firearms on the premises outside of the secure perimeter of the institution.
(Added Pub. L. 115–391, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5216.)
§ 4051. Treatment of primary caretaker parents and other individuals
(a)Definitions.—In this section—
(1) the term “correctional officer” means a correctional officer of the Bureau of Prisons;
(2) the term “covered institution” means a Federal penal or correctional institution;
(3) the term “Director” means the Director of the Bureau of Prisons;
(4) the term “post-partum recovery” means the first 12-week period of post-partum recovery after giving birth;
(5) the term “primary caretaker parent” has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act (34 U.S.C. 12242);
(6) the term “prisoner” means an individual who is incarcerated in a Federal penal or correctional institution, including a vulnerable person; and
(7) the term “vulnerable person” means an individual who—
(A) is under 21 years of age or over 60 years of age;
(B) is pregnant;
(C) is victim or witness of a crime;
(D) has filed a nonfrivolous civil rights claim in Federal or State court; or
(E) during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence—
(i) by any court or administrative judicial proceeding;
(ii) by any corrections official;
(iii) by the individual’s attorney or legal service provider; or
(iv) by the individual.
(b)Geographic Placement.—
(1)Establishment of office.—The Director shall establish within the Bureau of Prisons an office that determines the placement of prisoners.
(2)Placement of prisoners.—In determining the placement of a prisoner, the office established under paragraph (1) shall—
(A) if the prisoner has children, consider placing the prisoner as close to the children as possible; and
(B) consider any other factor that the office determines to be appropriate.
(c)Prohibition on Placement of Pregnant Prisoners or Prisoners in Post-partum Recovery in Segregated Housing Units.—
(1)Placement in segregated housing units.—A covered institution may not place a prisoner who is pregnant or in post-partum recovery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or others.
(2)Restrictions.—Any placement of a prisoner described in paragraph (1) in a segregated housing unit shall be limited and temporary.
(d)Intake and Assessments.—The Director shall assess the need for family-focused programming at intake, such as questions about children, gauge interest in parenting resources, and concerns about their child or caregiving, and administer ongoing assessment to better inform, identify, and make recommendations about the mother’s parental role and familial needs.
(e)Parenting Classes.—The Director shall provide voluntary parenting classes to each prisoner who is a primary caretaker parent, and such classes shall be made available to prisoners with limited English proficiency in compliance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(f)Trauma Screening.—The Director shall provide training, including cultural competency training, to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, including each instructor and health care professional, to enable those correctional officers and employees to—
(1) identify a prisoner who may have a mental or physical health need relating to trauma the prisoner has experienced; and
(2) refer a prisoner described in paragraph (1) to the proper health care professional for diagnosis and treatment.
(g)Family Needs Training.—The Director shall provide training to correctional officers and employees of the Bureau of Prisons who engage with prisoners’ families on—
(1) how to interact with children in an age-appropriate manner, and the children’s caregivers;
(2) basic childhood and adolescent development information; and
(3) basic customer service skills.
(h)Inmate Health.—
(1)Health care access.—The Director shall ensure that all prisoners receive adequate health care.
(2)Hygienic products.—The Director shall make essential hygienic products, including shampoo, toothpaste, toothbrushes, and any other hygienic product that the Director determines appropriate, available without charge to prisoners. The Director shall make rules—
(A) on the distribution and accessibility of sanitary products to prisoners, to ensure each prisoner who requires these products receives a quantity the prisoner deems sufficient; and
(B) providing that no visitor is prohibited from visiting a prisoner due to the visitor’s use of sanitary products.
(3)Gynecologist access.—The Director shall ensure that all prisoners have access to a gynecologist as appropriate.
(4)Relation to other laws.—Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).
(Added Pub. L. 117–103, div. W, title X, § 1001(b), Mar. 15, 2022, 136 Stat. 912.)