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CITE

    18 USC Sec. 4082                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 305 - COMMITMENT AND TRANSFER

HEAD

    Sec. 4082. Commitment to Attorney General; residential treatment
      centers; extension of limits of confinement; work furlough

STATUTE

      (a) The willful failure of a prisoner to remain within the
    extended limits of his confinement, or to return within the time
    prescribed to an institution or facility designated by the Attorney
    General, shall be deemed an escape from the custody of the Attorney
    General punishable as provided in chapter 35 of this title.
      (b)(1) The Attorney General shall, upon the request of the head
    of any law enforcement agency of a State or of a unit of local
    government in a State, make available as expeditiously as possible
    to such agency, with respect to prisoners who have been convicted
    of felony offenses against the United States and who are confined
    at a facility which is a residential community treatment center
    located in the geographical area in which such agency has
    jurisdiction, the following information maintained by the Bureau of
    Prisons (to the extent that the Bureau of Prisons maintains such
    information) -
        (A) the names of such prisoners;
        (B) the community treatment center addresses of such prisoners;
        (C) the dates of birth of such prisoners;
        (D) the Federal Bureau of Investigation numbers assigned to
      such prisoners;
        (E) photographs and fingerprints of such prisoners; and
        (F) the nature of the offenses against the United States of
      which each such prisoner has been convicted and the factual
      circumstances relating to such offenses.
      (2) Any law enforcement agency which receives information under
    this subsection shall not disseminate such information outside of
    such agency.
      (c) As used in this section -
        the term "facility" shall include a residential community
      treatment center; and
        the term "relative" shall mean a spouse, child (including
      stepchild, adopted child or child as to whom the prisoner, though
      not a natural parent, has acted in the place of a parent), parent
      (including a person who, though not a natural parent, has acted
      in the place of a parent), brother, or sister.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 89-176, Sec. 1,
    Sept. 10, 1965, 79 Stat. 674; Pub. L. 93-209, Dec. 28, 1973, 87
    Stat. 907; Pub. L. 98-473, title II, Sec. 218(a), Oct. 12, 1984, 98
    Stat. 2027; Pub. L. 99-646, Sec. 57(a), Nov. 10, 1986, 100 Stat.
    3611.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 753f (May 14, 1930, ch.
    274, Sec. 7, 46 Stat. 326; June 14, 1941, ch. 204, 55 Stat. 252;
    Oct. 21, 1941, ch. 453, 55 Stat. 743).
      Words "by the juvenile court of the District of Columbia, as well
    as to those committed by any court of the United States," at end of
    section were omitted as unnecessary, and word "all" inserted before
    "persons", without change of meaning.
      Provision against penitentiary imprisonment for a term of 1 year
    or less without consent of defendant was incorporated in section
    4083 of this title.
      The phrase "if in his judgment it shall be for the well-being of
    the prisoner or relieve overcrowded or unhealthful conditions in
    the institution where such person is confined or for other
    reasons", was omitted as unnecessary.
      Changes were made in phraseology.
      This section supersedes section 705 of title 18, U.S.C., 1940
    ed., providing for execution of sentences in houses of correction
    or reformation; and section 748 of title 18, U.S.C., 1940 ed.,
    providing for confinement of prisoners in United States
    Disciplinary Barracks.
                                AMENDMENTS
      1986 - Subsecs. (f), (g). Pub. L. 99-646 added subsec. (f) and
    redesignated former subsec. (f) as (g).
      1984 - Pub. L. 98-473 struck out subsecs. (a) to (c) and (e) and
    redesignated subsecs. (d), (f), and (g) as (a), (b), and (c),
    respectively. Prior to amendment subsecs. (a) to (c) and (e) read
    as follows:
      "(a) A person convicted of an offense against the United States
    shall be committed, for such term of imprisonment as the court may
    direct, to the custody of the Attorney General of the United
    States, who shall designate the place of confinement where the
    sentence shall be served.
      "(b) The Attorney General may designate as a place of confinement
    any available, suitable, and appropriate institution or facility,
    whether maintained by the Federal Government or otherwise, and
    whether within or without the judicial district in which the person
    was convicted, and may at any time transfer a person from one place
    of confinement to another.
      "(c) The Attorney General may extend the limits of the place of
    confinement of a prisoner as to whom there is reasonable cause to
    believe he will honor his trust, by authorizing him, under
    prescribed conditions, to -
        "(1) visit a specifically designated place or places for a
      period not to exceed thirty days and return to the same or
      another institution or facility. An extension of limits may be
      granted to permit a visit to a dying relative, attendance at the
      funeral of a relative, the obtaining of medical services not
      otherwise available, the contacting of prospective employers, the
      establishment or reestablishment of family and community ties or
      for any other significant reason consistent with the public
      interest; or
        "(2) work at paid employment or participate in a training
      program in the community on a voluntary basis while continuing as
      a prisoner of the institution or facility to which he is
      committed, provided that -
          "(i) representatives of local union central bodies or similar
        labor union organizations are consulted;
          "(ii) such paid employment will not result in the
        displacement of employed workers, or be applied in skills,
        crafts, or trades in which there is a surplus of available
        gainful labor in the locality, or impair existing contracts for
        services; and
          "(iii) the rates of pay and other conditions of employment
        will not be less than those paid or provided for work of
        similar nature in the locality in which the work is to be
        performed.
      A prisoner authorized to work at paid employment in the community
      under this subsection may be required to pay, and the Attorney
      General is authorized to collect, such costs incident to the
      prisoner's confinement as the Attorney General deems appropriate
      and reasonable. Collections shall be deposited in the Treasury of
      the United States as miscellaneous receipts.
      "(e) The authority conferred upon the Attorney General by this
    section shall extend to all persons committed to the National
    Training School for Boys."
      1973 - Subsec. (c)(1). Pub. L. 93-209 provided for extension of
    limits to permit establishment or reestablishment of family and
    community ties and struck out "only" after "may be granted".
      1965 - Subsec. (a). Pub. L. 89-176 designated as subsec. (a)
    first unnumbered par. and struck out "or his authorized
    representative" after "Attorney General of the United States".
      Subsec. (b). Pub. L. 89-176 designated as subsec. (b) second and
    third unnumbered par., inserted "or facility" after "appropriate
    institution", substituted "may at any time transfer a person from
    one place of confinement to another" for "may order any inmate
    transferred from one institution to another", and made minor
    changes in language.
      Subsecs. (c), (d). Pub. L. 89-176 added subsecs. (c) and (d).
      Subsec. (e). Pub. L. 89-176 designated as subsec. (e) fourth and
    last unnumbered pars.
      Subsec. (f). Pub. L. 89-176 added subsec. (f).
                     EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
    applicable only to offenses committed after the taking effect of
    such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
    an Effective Date note under section 3551 of this title.