§ 5003. — Custody of State offenders.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC5003]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART IV--CORRECTION OF YOUTHFUL OFFENDERS
CHAPTER 401--GENERAL PROVISIONS
Sec. 5003. Custody of State offenders
(a)(1) The Director of the Bureau of Prisons when proper and
adequate facilities and personnel are available may contract with proper
officials of a State or territory, for the custody, care, subsistence,
education, treatment, and training of persons convicted of criminal
offenses in the courts of such State or territory.
(2) Any such contract shall provide--
(A) for reimbursing the United States in full for all costs or
expenses involved;
(B) for receiving in exchange persons convicted of criminal
offenses in the courts of the United States, to serve their sentence
in appropriate institutions or facilities of the State or territory
by designation as provided in section 4082(b) \1\ of this title,
this exchange to be made according to formulas or conditions which
may be negotiated in the contract; or
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\1\ See References in Text note below.
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(C) for compensating the United States by means of a combination
of monetary payment and of receipt of persons convicted of criminal
offenses in the courts of the United States, according to formulas
or conditions which may be negotiated in the contract.
(3) No such contract shall provide for the receipt of more State or
territory prisoners by the United States than are transferred to that
State or territory by such contract.
(b) Funds received under such contract may be deposited in the
Treasury to the credit of the appropriation or appropriations from which
the payments for such service were originally made.
(c) Unless otherwise specifically provided in the contract, a person
committed to the Attorney General hereunder shall be subject to all the
provisions of law and regulations applicable to persons committed for
violations of laws of the United States not inconsistent with the
sentence imposed.
(d) The term ``State'' as used in this section includes any State,
territory, or possession of the United States, and the Canal Zone.
(Added May 9, 1952, ch. 253, Sec. 1, 66 Stat. 68; amended Pub. L. 89-
267, Sec. 1, Oct. 19, 1965, 79 Stat. 990; Pub. L. 99-646, Sec. 66, Nov.
10, 1986, 100 Stat. 3615.)
References in Text
Section 4082(b) of this title, referred to in subsec. (a)(2)(B), was
repealed, and section 4082(f) was redesignated section 4082(b), by Pub.
L. 98-473, title II, Sec. 218(a), Oct. 12, 1984, 98 Stat. 2027.
For definition of Canal Zone, referred to in subsec. (d), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Amendments
1986--Subsec. (a). Pub. L. 99-646 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ``The Attorney General,
when the Director shall certify that proper and adequate treatment
facilities and personnel are available, is hereby authorized to contract
with the proper officials of a State or Territory for the custody, care,
subsistence, education, treatment, and training of persons convicted of
criminal offenses in the courts of such State or Territory: Provided,
That any such contract shall provide for reimbursing the United States
in full for all costs or other expenses involved.''
1965--Subsec. (d). Pub. L. 89-267 added subsec. (d).
