§ 4082. — Commitment to Attorney General; residential treatment centers; extension of limits of confinement; work furlough.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4082]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 305--COMMITMENT AND TRANSFER
Sec. 4082. Commitment to Attorney General; residential treatment
centers; extension of limits of confinement; work furlough
(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.
(June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 89-176, Sec. 1, Sept. 10,
1965, 79 Stat. 674; Pub. L. 93-209, Dec. 28, 1973, 87 Stat. 907; Pub. L.
98-473, title II, Sec. 218(a), Oct. 12, 1984, 98 Stat. 2027; Pub. L. 99-
646, Sec. 57(a), Nov. 10, 1986, 100 Stat. 3611.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 753f (May 14, 1930, ch.
274, Sec. 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.
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).
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.
Section Referred to in Other Sections
This section is referred to in section 5003 of this title.
