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18 U.S.C. § 4042 — Duties of Bureau of Prisons

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 961 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Bureau of Prisons manages federal prisons and cares for people held there. It must provide release notices, prerelease help, and reentry information in the situations described.

(a) General duties. Under the Attorney General’s direction, the Bureau of Prisons must: (1) manage and regulate all federal penal and correctional institutions; (2) provide suitable quarters and keep, care for, and feed people charged with or convicted of United States offenses, and people held as witnesses or otherwise; (3) protect, instruct, and discipline those people; (4) give state, tribal, and local governments technical help to improve their correctional systems; (5) give release notices as subsections (b) and (c) require; (6) create prerelease procedures that help prisoners apply for federal and state benefits, including Social Security and veterans’ benefits; obtain identification, including a Social Security card, driver’s license or other official photo ID, and birth certificate; and obtain that identification and those benefits before release from a federal prison sentence, or, if there was no federal prison sentence, before release from a community-confinement sentence, subject to legal limits; and (7) create reentry procedures that give federal prisoners information about health and nutrition, employment, literacy and education, personal finance and consumer skills, community resources, personal growth and development, and release requirements and procedures. (b) Release notices. (1) At least 5 days before a qualifying prisoner is released on supervised release, or before a person already on supervised release changes residence to another jurisdiction, written notice must go to the chief law-enforcement officer of every state, tribal, and local jurisdiction where the prisoner will live. The Bureau’s Director gives notice before release. The responsible probation officer, or the method specified by the Administrative Office of the United States Courts’ Director, gives notice of a later residence change. These notice rules do not apply to a prisoner protected under chapter 224. (2) The notice must state the prisoner’s name; criminal history, including the offense of conviction; and restrictions on conduct or other release conditions imposed by law, the sentencing court, the Bureau, or another federal agency. (3) A qualifying prisoner is one convicted of a drug-trafficking crime, as “drug trafficking crime” is defined in section 924(c)(2), or a crime of violence, as “crime of violence” is defined in section 924(c)(3). (c) Sex-offender release notices. (1) For a person described in paragraph (3), or another category specified by the Attorney General, who is released from prison or sentenced to probation, notice must go to the chief law-enforcement officer of every state, tribal, and local jurisdiction where the person will live and to the state, tribal, or local agency responsible for receiving or keeping sex-offender registration information there. These rules do not apply to a person protected under chapter 224. (2) The notice must include the information listed in subsection (b)(2), the person’s residence, and the fact that the person must register as the Sex Offender Registration and Notification Act requires. If the Bureau knows the expected residence of someone released from its custody, its Director must give notice at least 5 days before release. For a person sentenced to probation, the responsible probation officer, or the method specified by the Administrative Office’s Director, must give notice promptly. The same officers or method must give notice of a later residence change during probation, supervised release, or parole. (3) The Bureau’s Director must tell a released person who must register under that Act what the Act requires of that person. The responsible probation officer must give the same information to a person sentenced to probation. (4) Repealed. (5) The United States and its agencies, officers, and employees are immune from liability for good-faith conduct carrying out this subsection and subsection (b). (d) Application. This section does not apply to military or naval penal or correctional institutions or people confined in them.

the actual law source: uscode.house.gov ↗public domain
(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, tribal, and local governments in the improvement of their correctional systems;

(5)

provide notice of release of prisoners in accordance with subsections (b) and (c);

(6)

establish prerelease planning procedures that help prisoners—

(A)

apply for Federal and State benefits upon release (including Social Security benefits, and veterans’ benefits);

(B)

obtain identification, including a social security card, driver’s license or other official photo identification, and a birth certificate; and

(C)

secure such identification and benefits prior to release from a sentence to a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence to a term of community confinement, subject to any limitations in law; and

(7)

establish reentry planning procedures that include providing Federal prisoners with information in the following areas:

(A)

Health and nutrition.

(B)

Employment.

(C)

Literacy and education.

(D)

Personal finance and consumer skills.

(E)

Community resources.

(F)

Personal growth and development.

(G)

Release requirements and procedures.

(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 officers of each State, tribal, and 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 (3), or any other person in a category specified by the Attorney General, who is released from prison or sentenced to probation, notice shall be provided to—

(A)

the chief law enforcement officer of each State, tribal, and local jurisdiction in which the person will reside; and

(B)

a State, tribal, or local agency responsible for the receipt or maintenance of sex offender registration information in the State, tribal, 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 register as required by the Sex Offender Registration and Notification Act. 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 (3) 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 who is released from prison and required to register under the Sex Offender Registration and Notification Act of the requirements of that Act as they apply to that person and the same information shall be provided to a person sentenced to probation by the probation officer responsible for supervision of that person.

[(4)

Repealed. Pub. L. 109–248, title I, § 141(h), July 27, 2006, 120 Stat. 604.]

(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.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 849; Pub. L. 90–371, July 1, 1968, 82 Stat. 280; Pub. L. 103–322, title II, § 20417, Sept. 13, 1994, 108 Stat. 1834; Pub. L. 105–119, title I, § 115(a)(8)(A), Nov. 26, 1997, 111 Stat. 2464; Pub. L. 109–248, title I, § 141(f)–(h), July 27, 2006, 120 Stat. 603, 604; Pub. L. 110–199, title II, § 231(d)(1), Apr. 9, 2008, 122 Stat. 685; Pub. L. 111–211, title II, § 261(a), July 29, 2010, 124 Stat. 2299; Pub. L. 115–391, title VI, § 604(b), Dec. 21, 2018, 132 Stat. 5241.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 849
  • 1968Amended · Pub. L. 90-371 · 82 Stat. 280
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 1834
  • 1997Amended · Pub. L. 105-119 · 111 Stat. 2464
  • 2006Amended · Pub. L. 109-248 · 120 Stat. 603, 604
  • 2008Amended · Pub. L. 110-199 · 122 Stat. 685
  • 2010Amended · Pub. L. 111-211 · 124 Stat. 2299
  • 2018Amended · Pub. L. 115-391 · 132 Stat. 5241

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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