18 U.S.C. § 3597 — Use of State facilities
submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 187 words · no verdicts yet
This section lets a marshal use State or local facilities and protects employees who object to participating in a prosecution or execution on moral or religious grounds.
(a) In General. A United States marshal supervising a death sentence may use suitable State or local facilities and the services of suitable State or local officials or their employees. The marshal must pay the costs in an amount approved by the Attorney General.
(b) Excuse of an Employee on Moral or Religious Grounds. An employee of a State corrections department*, the Justice Department, the Federal Bureau of Prisons, or the Marshals Service, and a contractor’s employee providing services to one of them, may not be required as a job or contract condition to attend or participate in a prosecution or execution if doing so conflicts with the employee’s moral or religious convictions. “Participation in executions” includes personally preparing the condemned person or execution equipment and supervising other personnel doing those activities.
A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an official employs for the purpose, and shall pay the costs thereof in an amount approved by the Attorney General.
No employee of any State department* of corrections, the United States Department of Justice, the Federal Bureau of Prisons, or the United States Marshals Service, and no employee providing services to that department, bureau, or service under contract shall be required, as a condition of that employment or contractual obligation, to be in attendance at or to participate in any prosecution or execution under this section if such participation is contrary to the moral or religious convictions of the employee. In this subsection, “participation in executions” includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.
Source credit: (Added Pub. L. 103–322, title VI, § 60002(a), Sept. 13, 1994, 108 Stat. 1968.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1968
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
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