Commitment to Attorney General; residential treatment centers; extension of limits of confinement; work furlough

18 U.S.C. § 4082

• Title: 18 — Crimes and Criminal Procedure
• Chapter: 305 — COMMITMENT AND TRANSFER

Text

(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.

History

(June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 89–176, §1, Sept. 10, 1965, 79 Stat. 674; Pub. L. 93–209, Dec. 28, 1973, 87 Stat. 907; Pub. L. 98–473, title II, §218(a), Oct. 12, 1984, 98 Stat. 2027; Pub. L. 99–646, §57(a), Nov. 10, 1986, 100 Stat. 3611.)

Editorial Notes

Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §753f (May 14, 1930, ch. 274, §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.

Editorial Notes

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).

Statutory Notes and Related Subsidiaries

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.