[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4013]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 301--GENERAL PROVISIONS
Sec. 4013. Support of United States prisoners in non-Federal
institutions
(a) The Attorney General, in support of United States prisoners in
non-Federal institutions, is authorized to make payments from funds
appropriated for Federal prisoner detention for--
(1) necessary clothing;
(2) medical care and necessary guard hire; and
(3) the housing, care, and security of persons held in custody
of a United States marshal pursuant to Federal law under agreements
with State or local units of government or contracts with private
entities.
(b) The Attorney General, in support of Federal prisoner detainees
in non-Federal institutions, is authorized to make payments, from funds
appropriated for State and local law enforcement assistance, for
entering into contracts or cooperative agreements with any State,
territory, or political subdivision thereof, for the necessary
construction, physical renovation, acquisition of equipment, supplies,
or materials required to establish acceptable conditions of confinement
and detention services in any State or local jurisdiction which agrees
to provide guaranteed bed space for Federal detainees within that
correctional system, in accordance with regulations which are issued by
the Attorney General and are comparable to the regulations issued under
section 4006 of this title, except that--
(1) amounts made available for purposes of this paragraph shall
not exceed the average per-inmate cost of constructing similar
confinement facilities for the Federal prison population,
(2) the availability of such federally assisted facility shall
be assured for housing Federal prisoners, and
(3) the per diem rate charged for housing such Federal prisoners
shall not exceed allowable costs or other conditions specified in
the contract or cooperative agreement.
(c)(1) The United States Marshals Service may designate districts
that need additional support from private detention entities under
subsection (a)(3) based on--
(A) the number of Federal detainees in the district; and
(B) the availability of appropriate Federal, State, and local
government detention facilities.
(2) In order to be eligible for a contract for the housing, care,
and security of persons held in custody of the United States Marshals
pursuant to Federal law and funding under subsection (a)(3), a private
entity shall--
(A) be located in a district that has been designated as needing
additional Federal detention facilities pursuant to paragraph (1);
(B) meet the standards of the American Correctional Association;
(C) comply with all applicable State and local laws and
regulations;
(D) have approved fire, security, escape, and riot plans; and
(E) comply with any other regulations that the Marshals Service
deems appropriate.
(3) The United States Marshals Service shall provide an opportunity
for public comment on a contract under subsection (a)(3).
(d) Health Care Fees For Federal Prisoners in Non-Federal
Institutions.--
(1) In general.--Notwithstanding amounts paid under subsection
(a)(3), a State or local government may assess and collect a
reasonable fee from the trust fund account (or institutional
equivalent) of a Federal prisoner for health care services, if--
(A) the prisoner is confined in a non-Federal institution
pursuant to an agreement between the Federal Government and the
State or local government;
(B) the fee--
(i) is authorized under State law; and
(ii) does not exceed the amount collected from State or
local prisoners for the same services; and
(C) the services--
(i) are provided within or outside of the institution by
a person who is licensed or certified under State law to
provide health care services and who is operating within the
scope of such license;
(ii) constitute a health care visit within the meaning
of section 4048(a)(4) of this title; and
(iii) are not preventative health care services,
emergency services, prenatal care, diagnosis or treatment of
chronic infectious diseases, mental health care, or
substance abuse treatment.
(2) No refusal of treatment for financial reasons.--Nothing in
this subsection may be construed to permit any refusal of treatment
to a prisoner on the basis that--
(A) the account of the prisoner is insolvent; or
(B) the prisoner is otherwise unable to pay a fee assessed
under this subsection.
(3) 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 subsection and the applicability of this
subsection to the prisoner. Notwithstanding any other provision of
this subsection, a fee under this section may not be assessed
against, or collected from, such person--
(A) 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
(B) for services provided before the expiration of such
period.
(4) Notice to prisoners of state or local implementation.--The
implementation of this subsection by the State or local government,
and any amendment to that implementation, 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 that implementation (or
amendment, as the case may be). A fee under this subsection may not
be assessed against, or collected from, a prisoner pursuant to such
implementation (or amendments, as the case may be) for services
provided before the expiration of such period.
(5) Notice before public comment period.--Before the beginning
of any period a proposed implementation under this subsection is
open to public comment, written and oral notice of the provisions of
that proposed implementation shall be provided to groups that
advocate on behalf of Federal prisoners and to each prisoner subject
to such proposed implementation.
(6) Comprehensive hiv/aids services required.--Any State or
local government assessing or collecting a fee under this subsection
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 such State or
local government when medically appropriate. The State or local
government may not assess or collect a fee under this subsection for
providing such coverage.
(Added Pub. L. 100-690, title VII, Sec. 7608(d)(1), Nov. 18, 1988, 102
Stat. 4516; amended Pub. L. 101-647, title XVII, Sec. 1701, title XXXV,
Sec. 3599, Nov. 29, 1990, 104 Stat. 4843, 4931; Pub. L. 103-322, title
XXXIII, Sec. 330011(o), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 106-294,
Sec. 3, Oct. 12, 2000, 114 Stat. 1040; Pub. L. 107-273, div. A, title
III, Sec. 302(2), Nov. 2, 2002, 116 Stat. 1781.)
Amendments
2002--Subsec. (a). Pub. L. 107-273, Sec. 302(2)(A), in introductory
provisions, substituted ``Federal prisoner detention'' for ``the support
of United States prisoners'', inserted ``and'' at end of par. (2),
substituted period for ``; and'' at end of par. (3), and in introductory
provisions of par. (4), inserted ``The Attorney Ge
