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CITE

    18 USC Sec. 4013                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 301 - GENERAL PROVISIONS

HEAD

    Sec. 4013. Support of United States prisoners in non-Federal
      institutions

STATUTE

      (a) The Attorney General, in support of United States prisoners
    in non-Federal institutions, is authorized to make payments from
    funds appropriated for Federal prisoner detention for -
        (1) necessary clothing;
        (2) medical care and necessary guard hire; and
        (3) the housing, care, and security of persons held in custody
      of a United States marshal pursuant to Federal law under
      agreements with State or local units of government or contracts
      with private entities.
      (b) The Attorney General, in support of Federal prisoner
    detainees in non-Federal institutions, is authorized to make
    payments, from funds appropriated for State and local law
    enforcement assistance, for entering into contracts or cooperative
    agreements with any State, territory, or political subdivision
    thereof, for the necessary construction, physical renovation,
    acquisition of equipment, supplies, or materials required to
    establish acceptable conditions of confinement and detention
    services in any State or local jurisdiction which agrees to provide
    guaranteed bed space for Federal detainees within that correctional
    system, in accordance with regulations which are issued by the
    Attorney General and are comparable to the regulations issued under
    section 4006 of this title, except that -
        (1) amounts made available for purposes of this paragraph shall
      not exceed the average per-inmate cost of constructing similar
      confinement facilities for the Federal prison population,
        (2) the availability of such federally assisted facility shall
      be assured for housing Federal prisoners, and
        (3) the per diem rate charged for housing such Federal
      prisoners shall not exceed allowable costs or other conditions
      specified in the contract or cooperative agreement.
      (c)(1) The United States Marshals Service may designate districts
    that need additional support from private detention entities under
    subsection (a)(3) based on -
        (A) the number of Federal detainees in the district; and
        (B) the availability of appropriate Federal, State, and local
      government detention facilities.
      (2) In order to be eligible for a contract for the housing, care,
    and security of persons held in custody of the United States
    Marshals pursuant to Federal law and funding under subsection
    (a)(3), a private entity shall -
        (A) be located in a district that has been designated as
      needing additional Federal detention facilities pursuant to
      paragraph (1);
        (B) meet the standards of the American Correctional
      Association;
        (C) comply with all applicable State and local laws and
      regulations;
        (D) have approved fire, security, escape, and riot plans; and
        (E) comply with any other regulations that the Marshals Service
      deems appropriate.
      (3) The United States Marshals Service shall provide an
    opportunity for public comment on a contract under subsection
    (a)(3).
      (d) Health Care Fees For Federal Prisoners in Non-Federal
    Institutions. -
        (1) In general. - Notwithstanding amounts paid under subsection
      (a)(3), a State or local government may assess and collect a
      reasonable fee from the trust fund account (or institutional
      equivalent) of a Federal prisoner for health care services, if -
          (A) the prisoner is confined in a non-Federal institution
        pursuant to an agreement between the Federal Government and the
        State or local government;
          (B) the fee -
            (i) is authorized under State law; and
            (ii) does not exceed the amount collected from State or
          local prisoners for the same services; and
          (C) the services -
            (i) are provided within or outside of the institution by a
          person who is licensed or certified under State law to
          provide health care services and who is operating within the
          scope of such license;
            (ii) constitute a health care visit within the meaning of
          section 4048(a)(4) of this title; and
            (iii) are not preventative health care services, emergency
          services, prenatal care, diagnosis or treatment of chronic
          infectious diseases, mental health care, or substance abuse
          treatment.
        (2) No refusal of treatment for financial reasons. - Nothing in
      this subsection may be construed to permit any refusal of
      treatment to a prisoner on the basis that -
          (A) the account of the prisoner is insolvent; or
          (B) the prisoner is otherwise unable to pay a fee assessed
        under this subsection.
        (3) Notice to prisoners of law. - Each person who is or becomes
      a prisoner shall be provided with written and oral notices of the
      provisions of this subsection and the applicability of this
      subsection to the prisoner. Notwithstanding any other provision
      of this subsection, a fee under this section may not be assessed
      against, or collected from, such person -
          (A) until the expiration of the 30-day period beginning on
        the date on which each prisoner in the prison system is
        provided with such notices; and
          (B) for services provided before the expiration of such
        period.
        (4) Notice to prisoners of state or local implementation. - The
      implementation of this subsection by the State or local
      government, and any amendment to that implementation, shall not
      take effect until the expiration of the 30-day period beginning
      on the date on which each prisoner in the prison system is
      provided with written and oral notices of the provisions of that
      implementation (or amendment, as the case may be). A fee under
      this subsection may not be assessed against, or collected from, a
      prisoner pursuant to such implementation (or amendments, as the
      case may be) for services provided before the expiration of such
      period.
        (5) Notice before public comment period. - Before the beginning
      of any period a proposed implementation under this subsection is
      open to public comment, written and oral notice of the provisions
      of that proposed implementation shall be provided to groups that
      advocate on behalf of Federal prisoners and to each prisoner
      subject to such proposed implementation.
        (6) Comprehensive hiv/aids services required. - Any State or
      local government assessing or collecting a fee under this
      subsection shall provide comprehensive coverage for services
      relating to human immunodeficiency virus (HIV) and acquired
      immune deficiency syndrome (AIDS) to each Federal prisoner in the
      custody of such State or local government when medically
      appropriate. The State or local government may not assess or
      collect a fee under this subsection for providing such coverage.

SOURCE

    (Added Pub. L. 100-690, title VII, Sec. 7608(d)(1), Nov. 18, 1988,
    102 Stat. 4516; amended Pub. L. 101-647, title XVII, Sec. 1701,
    title XXXV, Sec. 3599, Nov. 29, 1990, 104 Stat. 4843, 4931; Pub. L.
    103-322, title XXXIII, Sec. 330011(o), Sept. 13, 1994, 108 Stat.
    2145; Pub. L. 106-294, Sec. 3, Oct. 12, 2000, 114 Stat. 1040; Pub.
    L. 107-273, div. A, title III, Sec. 302(2), Nov. 2, 2002, 116 Stat.
    1781.)

AMENDMENTS

      2002 - Subsec. (a). Pub. L. 107-273, Sec. 302(2)(A), in
    introductory provisions, substituted "Federal prisoner detention"
    for "the support of United States prisoners", inserted "and" at end
    of par. (2), substituted period for "; and" at end of par. (3), and
    in introductory provisions of par. (4), inserted "The Attorney
    General, in support of Federal prisoner detainees in non-Federal
    institutions, is authorized to make payments, from funds
    appropriated for State and local law enforcement assistance, for"
    before "entering".
      Subsecs. (a)(4), (b). Pub. L. 107-273, Sec. 302(2)(B)(ii),
    redesignated par. (4) of subsec. (a) as subsec. (b) and subpars.
    (A) to (C) as pars. (1) to (3), respectively. Former subsec. (b)
    redesignated (c).
      Subsecs. (c), (d). Pub. L. 107-273, Sec. 302(2)(B)(i),
    redesignated subsecs. (b) and (c) as (c) and (d), respectively.
      2000 - Subsec. (c). Pub. L. 106-294 added subsec. (c).
      1994 - Pub. L. 103-322, Sec. 330011(o), repealed Pub. L. 101-647,
    Sec. 3599. See 1990 Amendment note below.
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 3599, which struck out
    "(a)" at beginning of text, was repealed by Pub. L. 103-322, Sec.
    330011(o).
      Subsec. (b). Pub. L. 101-647, Sec. 1701, added subsec. (b).
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 330011(o) of Pub. L. 103-322 provided that the amendment
    made by that section is effective Nov. 29, 1990.
                     CONTRACTS FOR SPACE OR FACILITIES
      Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 118, formerly Sec.
    119], Dec. 21, 2000, 114 Stat. 2762, 2762A-69; renumbered Sec. 118,
    Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 213(a)(2)], Dec. 21,
    2000, 114 Stat. 2763, 2763A-179, provided that: "Notwithstanding
    any other provision of law, including section 4(d) of the Service
    Contract Act of 1965 (41 U.S.C. 353(d)), the Attorney General
    hereafter may enter into contracts and other agreements, of any
    reasonable duration, for detention or incarceration space or
    facilities, including related services, on any reasonable basis."
       JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND, UNITED
                          STATES MARSHALS SERVICE
      Pub. L. 106-553, Sec. 1(a)(2) [title I], Dec. 21, 2000, 114 Stat.
    2762, 2762A-55, provided in part that: "Beginning in fiscal year
    2000 and thereafter, payment shall be made from the Justice
    Prisoner and Alien Transportation System Fund for necessary
    expenses related to the scheduling and transportation of United
    States prisoners and illegal and criminal aliens in the custody of
    the United States Marshals Service, as authorized in 18 U.S.C.
    4013, including, without limitation, salaries and expenses,
    operations, and the acquisition, lease, and maintenance of aircraft
    and support facilities: Provided, That the Fund shall be reimbursed
    or credited with advance payments from amounts available to the
    Department of Justice, other Federal agencies, and other sources at
    rates that will recover the expenses of Fund operations, including,
    without limitation, accrual of annual leave and depreciation of
    plant and equipment of the Fund: Provided further, That proceeds
    from the disposal of Fund aircraft shall be credited to the Fund:
    Provided further, That amounts in the Fund shall be available
    without fiscal year limitation, and may be used for operating
    equipment lease agreements that do not exceed 10 years."
      Similar provisions were contained in the following prior
    appropriations act:
      Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I], Nov. 29,
    1999, 113 Stat. 1535, 1501A-7.
      Pub. L. 105-277, div. A, Sec. 101(b) [title I], Oct. 21, 1998,
    112 Stat. 2681-50, 2681-54, provided that: "There is hereby
    established a Justice Prisoner and Alien Transportation System Fund
    for the payment of necessary expenses related to the scheduling and
    transportation of United States prisoners and illegal and criminal
    aliens in the custody of the United States Marshals Service, as
    authorized in 18 U.S.C. 4013, including, without limitation,
    salaries and expenses, operations, and the acquisition, lease, and
    maintenance of aircraft and support facilities: Provided, That the
    Fund shall be reimbursed or credited with advance payments from
    amounts available to the Department of Justice, other Federal
    agencies, and other sources at rates that will recover the expenses
    of Fund operations, including, without limitation, accrual of
    annual leave and depreciation of plant and equipment of the Fund:
    Provided further, That proceeds from the disposal of Fund aircraft
    shall be credited to the Fund: Provided further, That amounts in
    the Fund shall be available without fiscal year limitation, and may
    be used for operating equipment lease agreements that do not exceed
    5 years."
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