18 U.S.C. § 4049 — Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray
submitted 10 years ago by Pub. L. 114-133 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 319 words · no verdicts yet
The Director of the Bureau of Prisons must routinely issue oleoresin capsicum spray to certain officers and employees. Those who receive it must complete initial and annual training, and may use it to reduce specified acts of violence.
(a) In general. The Director of the Bureau of Prisons must routinely issue oleoresin capsicum spray to: (1) each Bureau officer or employee who works in a prison that is not minimum or low security and may respond to an emergency there; and (2) any additional prison officers and employees the Director considers appropriate under this section.
(b) Training requirement. (1) An officer or employee, including a correctional officer, may receive and carry the spray only after completing a training course on its use, and must complete the course again every year. (2) An employee who completed the course and later transfers to another prison does not have to take another course solely because of the transfer. (3) The required training must occur during the employee's regular employment and must be paid at the rate that applies to the employee's regular duties.
(c) Use of oleoresin capsicum spray. An officer or employee issued the spray under subsection (a) may use it to reduce violence: (1) by prisoners against themselves, other prisoners, visitors, or Bureau officers and employees; and (2) by visitors against themselves, prisoners, other visitors, or Bureau officers and employees.
The Director of the Bureau of Prisons shall issue, on a routine basis, oleoresin capsicum spray to—
any officer or employee of the Bureau of Prisons who—
is employed in a prison that is not a minimum or low security prison; and
may respond to an emergency situation in such a prison; and
to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section.
In order for an officer or employee of the Bureau of Prisons, including a correctional officer, to be eligible to receive and carry oleoresin capsicum spray pursuant to this section, the officer or employee shall complete a training course before being issued such spray, and annually thereafter, on the use of oleoresin capsicum spray.
An officer or employee of the Bureau of Prisons who completes a training course pursuant to paragraph (1) and subsequently transfers to employment at a different prison, shall not be required to complete an additional training course solely due such transfer.
An officer or employee of the Bureau of Prisons who completes a training course required under paragraph (1) shall do so during the course of that officer or employee’s regular employment, and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer or employee’s regular duties.
Officers and employees of the Bureau of Prisons issued oleoresin capsicum spray pursuant to subsection (a) may use such spray to reduce acts of violence—
committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons; and
committed by prison visitors against themselves, prisoners, other visitors, and officers and employees of the Bureau of Prisons.
Source credit: (Added Pub. L. 114–133, § 2(a), Mar. 9, 2016, 130 Stat. 296.)
- 2016Enacted · Pub. L. 114-133 · 130 Stat. 296
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-133 on 2016-03-09.
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