§ 4042. — Duties of Bureau of Prisons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4042]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 303--BUREAU OF PRISONS
Sec. 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 and local governments
in the improvement of their correctional systems; and
(5) provide notice of release of prisoners in accordance with
subsections (b) and (c).
(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 officer of the State and of the 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 (4) who is released from prison or sentenced to
probation, notice shall be provided to--
(A) the chief law enforcement officer of the State and of the
local jurisdiction in which the person will reside; and
(B) a State or local agency responsible for the receipt or
maintenance of sex offender registration information in the State 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 be subject to a
registration requirement as a sex offender. 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 (4) 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
described in paragraph (4) who is released from prison that the person
shall be subject to a registration requirement as a sex offender in any
State in which the person resides, is employed, carries on a vocation,
or is a student (as such terms are defined for purposes of section
170101(a)(3) of the Violent Crime Control and Law Enforcement Act of
1994), and the same information shall be provided to a person described
in paragraph (4) who is sentenced to probation by the probation officer
responsible for supervision of the person or in a manner specified by
the Director of the Administrative Office of the United States Courts.
(4) A person is described in this paragraph if the person was
convicted of any of the following offenses (including such an offense
prosecuted pursuant to section 1152 or 1153):
(A) An offense under section 1201 involving a minor victim.
(B) An offense under chapter 109A.
(C) An offense under chapter 110.
(D) An offense under chapter 117.
(E) Any other offense designated by the Attorney General as a
sexual offense for purposes of this subsection.
(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, Sec. 20417, Sept. 13, 1994, 108
Stat. 1834; Pub. L. 105-119, title I, Sec. 115(a)(8)(A), Nov. 26, 1997,
111 Stat. 2464.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 753a, 753b, (May 14,
1930, ch. 274, Secs. 2, 3, 46 Stat. 325).
Because of similarity in the provisions, the first sentence of
section 753b of title 18, U.S.C., 1940 ed., was consolidated with
section 753a of title 18, U.S.C., 1940 ed., to form this section.
Minor changes were made in phraseology.
The remainder of said section 753b of title 18, U.S.C., 1940 ed., is
incorporated in section 4002 of this title.
References in Text
Section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994, referred to in subsec. (c)(3), is classified to
section 14071(a)(3) of Title 42, The Public Health and Welfare.
Amendments
1997--Subsec. (a)(5). Pub. L. 105-119, Sec. 115(a)(8)(A)(i),
substituted ``subsections (b) and (c)'' for ``subsection (b)''.
Subsec. (b)(4). Pub. L. 105-119, Sec. 115(a)(8)(A)(ii), struck out
par. (4) which read as follows: ``The notice provided under this section
shall be used solely for law enforcement purposes.''
Subsecs. (c), (d). Pub. L. 105-119, Sec. 115(a)(8)(A)(iv), added
subsec. (c) and redesignated former subsec. (c) as (d).
1994--Pub. L. 103-322 designated first par. of existing provisions
as subsec. (a) and inserted heading, substituted ``provide'' for
``Provide'' and ``; and'' for period at end of par. (4), added par. (5)
and subsec. (b), and designated second sentence of existing provisions
as subsec. (c) and inserted heading.
1968--Pub. L. 90-371 added cl. (4).
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-119 effective 1 year after Nov. 26, 1997,
see section 115(c)(1) of Pub. L. 105-119, set out as a note under
section 14071 of Title 42, The Public Health and Welfare.
Amenities or Personal Comforts
Pub. L. 107-77, title VI, Sec. 611, Nov. 28, 2001, 115 Stat. 800,
provided that: ``Hereafter, none of the funds appropriated or otherwise
made available to the Bureau of Prisons shall be used to provide the
following amenities or personal comforts in the Federal prison system--
``(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own safety;
``(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
``(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial art,
or any bodybuilding or weightlifting equipment of any sort;
``(4) possession of in-cell coffee pots, hot plates or heating
elements; or
``(5) the use or possession of any electric or electronic
musical instrument.''
Similar provisions were contained in the following appropriation
acts:
Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec. 611], Dec. 21, 2000,
114 Stat. 2762, 2762A-105.
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title VI, Sec. 612], Nov.
29, 1999, 113 Stat. 1535, 1501A-54.
Pub. L. 105-277, div. A, Sec. 101(b) [title VI, Sec. 611], Oct. 21,
1998, 112 Stat. 2681-50, 2681-113.
Pub. L. 105-119, title VI, Sec. 611, Nov. 26, 1997, 111 Stat. 2517.
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title VI, Sec. 611],
Sept. 30, 1996, 110 Stat. 3009, 3009-66.
Pub. L. 104-134, title I, Sec. 101[(a)] [title VI, Sec. 611], Apr.
26, 1996, 110 Stat. 1321, 1321-64; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Sexually Explicit Commercially Published Material
Pub. L. 107-77, title VI, Sec. 614, Nov. 28, 2001, 115 Stat. 801,
provided that: ``Hereafter, none of the funds appropriated or otherwise
made available to the Federal Bureau of Prisons may be used to
distribute or make available any commercially published information or
material to a prisoner when it is made known to the Federal official
having authority to obligate or expend such funds that such information
or material is sexually explicit or features nudity.''
Similar provisions were contained in the following appropriation
acts:
Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec. 614], Dec. 21, 2000,
114 Stat. 2762, 2762A-106.
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title VI, Sec. 615], Nov.
29, 1999, 113 Stat. 1535, 1501A-54.
Pub. L. 105-277, div. A, Sec. 101(b) [title VI, Sec. 614], Oct. 21,
1998, 112 Stat. 2681-50, 2681-113.
Pub. L. 105-119, title VI, Sec. 614, Nov. 26, 1997, 111 Stat. 2518.
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title VI, Sec. 614],
Sept. 30, 1996, 110 Stat. 3009, 3009-66.
Reimbursement for Certain Expenses Outside of Federal Institutions
Pub. L. 106-553, Sec. 1(a)(2) [title I], Dec. 21, 2000, 114 Stat.
2762, 2762A-55, provided in part: ``That hereafter amounts appropriated
for Federal Prisoner Detention shall be available to reimburse the
Federal Bureau of Prisons for salaries and expenses of transporting,
guarding and providing medical care outside of Federal penal and
correctional institutions to prisoners awaiting trial or sentencing.''
Guidelines for States Regarding Infectious Diseases in Correctional
Institutions
Pub. L. 105-370, Sec. 2(c), Nov. 12, 1998, 112 Stat. 3375, provided
that: ``Not later than 1 year after the date of the enactment of this
Act [Nov. 12, 1998], the Attorney General, in consultation with the
Secretary of Health and Human Services, shall provide to the several
States proposed guidelines for the prevention, detection, and treatment
of incarcerated persons and correctional employees who have, or may be
exposed to, infectious diseases in correctional institutions.''
Prisoner Access
Pub. L. 105-314, title VIII, Sec. 801, Oct. 30, 1998, 112 Stat.
2990, provided that: ``Notwithstanding any other provision of law, no
agency, officer, or employee of the United States shall implement, or
provide any financial assistance to, any Federal program or Federal
activity in which a Federal prisoner is allowed access to any electronic
communication service or remote computing service without the
supervision of an official of the Federal Government.''
Application to Prisoners to Which Prior Law Applies
Section 20404 of Pub. L. 103-322 provided that: ``In the case of a
prisoner convicted of an offense committed prior to November 1, 1987,
the reference to supervised release in section 4042(b) of title 18,
United States Code, shall be deemed to be a reference to probation or
parole.''
Cost Savings Measures
Pub. L. 101-647, title XXIX, Sec. 2907, Nov. 29, 1990, 104 Stat.
4915, provided that: ``The Director of the Federal Bureau of Prisons
(referred to as the `Director') shall, to the extent practicable, take
such measures as are appropriate to cut costs of construction. Such
measures may include reducing expenditures for amenities including, for
example, color television or pool tables.''
Administration of Confinement Facilities Located on Military
Installations by Bureau of Prisons
Pub. L. 100-690, title VII, Sec. 7302, Nov. 18, 1988, 102 Stat.
4463, provided that: ``In conjunction with the Department of Defense and
the Commission on Alternative Utilization of Military Facilities as
established in the National Defense Authorization Act of Fiscal Year
1989 [see section 2819 of Pub. L. 100-456, 104 Stat. 1820, formerly set
out as a note under section 2391 of Title 10, Armed Forces], the Bureau
of Prisons shall be responsible for--
``(1) administering Bureau of Prisons confinement facilities for
civilian nonviolent prisoners located on military installations in
cooperation with the Secretary of Defense, with an emphasis on
placing women inmates in such facilities, or in similar minimum
security confinement facilities not located on military
installations, so that the percentage of eligible women equals the
percentage of eligible men housed in such or similar minimum
security confinement facilities (i.e., prison camps);
``(2) establishing and regulating drug treatment programs for
inmates held in such facilities in coordination and cooperation with
the National Institute on Drug Abuse; and
``(3) establishing and managing work programs in accordance with
guidelines under the Bureau of Prisons for persons held in such
facilities and in cooperation with the installation commander.''
Section Referred to in Other Sections
This section is referred to in sections 3563, 3583 of this title;
title 42 section 14072.
