§4042. Duties of Bureau of Prisons
(a)
(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)
(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)
(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.
(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)
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§753a, 753b, (May 14, 1930, ch. 274, §§2, 3,
Because of similarity in the provisions, the first sentence of section 753b of title 18, U.S.C., 1940 ed., was consolidated with section 753a of title 18, U.S.C., 1940 ed., to form this section.
Minor changes were made in phraseology.
The remainder of said section 753b of title 18, U.S.C., 1940 ed., is incorporated in section 4002 of this title.
Editorial Notes
References in Text
The Sex Offender Registration and Notification Act, referred to in subsec. (c)(2), (3), is title I of
Amendments
2018-Subsec. (a)(D), (E).
Subsec. (a)(6).
Subsec. (a)(6)(i).
Subsec. (a)(6)(ii).
Subsec. (a)(6)(iii).
Subsec. (a)(7).
2010-Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B).
2008-Subsec. (a)(D), (E).
2006-Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
"(A) An offense under section 1201 involving a minor victim.
"(B) An offense under chapter 109A.
"(C) An offense under chapter 110.
"(D) An offense under chapter 117.
"(E) Any other offense designated by the Attorney General as a sexual offense for purposes of this subsection."
1997-Subsec. (a)(5).
Subsec. (b)(4).
Subsecs. (c), (d).
1994-
1968-
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
Construction of 2008 Amendment
For construction of amendments by
Prison Camera Reform
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Prison Camera Reform Act of 2021'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) The Bureau of Prisons has 122 institutions located throughout the United States. The Bureau of Prisons employs nearly 38,000 employees and is responsible for more than 150,000 Federal inmates.
"(2) Video footage from security camera systems and reliable communication over radio systems within Bureau of Prisons institutions are essential to protecting the health and safety of Bureau of Prisons employees and Federal inmates.
"(3) Based on the experience of Bureau of Prisons correctional staff, the noticeable presence of functioning security cameras serves as an effective deterrent to criminal behavior and misconduct.
"(4) Well-documented deficiencies of camera systems at Bureau of Prisons' facilities have hindered investigators' ability to substantiate allegations of serious misconduct by staff and inmates, including sexual and physical assaults, medical neglect, and introduction of contraband.
"(5) In a 2016 report, the Office of the Inspector General for the Department of Justice determined that 'deficiencies within the BOP's security camera system have affected the OIG's ability to secure prosecutions of staff and inmates in BOP contraband introduction cases, and these same problems adversely impact the availability of critical evidence to support administrative or disciplinary action against staff and inmates'.
"(6) Shortcomings in the land-mobile radio systems at Bureau of Prison facilities institutions impede the communication abilities of staff, slowing or preventing the response of correctional officers during an emergency or threat of attack, and jeopardizing the safety of both staff and Federal inmates.
"SEC. 3. REQUIRED PLAN FOR REFORM OF BOP SECURITY CAMERA AND RADIO COVERAGE AND CAPABILITIES.
"(a)
"(1) evaluate the security camera, land-mobile radio (referred to in this Act as 'LMR'), and public address (referred to in this Act as 'PA') systems in use by the Bureau of Prisons as of the date of enactment of this Act; and
"(2) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a plan for ensuring that all Bureau of Prisons correctional facilities have the security camera, LMR, and PA system coverage and capabilities necessary to-
"(A) ensure the health and safety of staff and Federal inmates; and
"(B) ensure the documentation and accessibility of video evidence that may pertain to misconduct by staff or inmates, negligent or abusive treatment of inmates, or criminal activity within correctional facilities.
"(b)
"(1) identify and include plans to address any deficiencies in the security camera system in use at Bureau of Prisons correctional facilities, including those related to-
"(A) an insufficient number of cameras;
"(B) inoperable or malfunctioning cameras;
"(C) blind spots;
"(D) poor quality video; and
"(E) any other deficits in the security camera system;
"(2) identify and include plans to adopt and maintain any security camera system upgrades needed to achieve the purposes described in subsection (a), including-
"(A) conversion of all analog cameras to digital surveillance systems, with corresponding infrastructure and equipment upgrade requirements;
"(B) upgrades to ensure the secure storage, logging, preservation, and accessibility of recordings such that the recordings are available to investigators or Courts at such time as may be reasonably required; and
"(C) additional enterprise-wide camera system capabilities needed to enhance the safety and security of inmates and staff;
"(3) identify and include plans to address any deficiencies in the LMR and PA systems in use at Bureau of Prisons correctional facilities, including those related to-
"(A) an inadequate number of radios;
"(B) inoperable, outdated, or malfunctioning LMR or PA systems;
"(C) areas of Bureau of Prisons correctional facilities that lack adequate reception for radio operation;
"(D) radios that lack an emergency notification feature (also known as a 'man down' function), which automatically sends an alert and transmits the location of that radio in the event the wearer is in a prone position; and
"(E) any other deficits in the LMR or PA systems;
"(4) include an assessment of operational and logistical considerations in implementing the plan required under subsection (a), including-
"(A) a prioritization of facilities for needed upgrades, beginning with high security institutions;
"(B) the personnel and training necessary to implement the changes; and
"(C) ongoing repair and maintenance requirements; and
"(5) include a 3-year strategic plan and cost projection for implementing the changes and upgrades to the security camera, LMR, and PA systems identified under paragraphs (1) through (4).
"(c)
"(d)
Health and Safety of Pregnant Women and Mothers
"(a)
"(b)
"(c)
"(1) prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trauma and stress experienced by pregnant inmates;
"(2) reduce the recidivism rates of federally incarcerated women and mothers, and enhance public safety by improving the effectiveness of the Federal prison system for women as a population with special needs;
"(3) utilize a female offender risk and needs assessment to encourage a more effective and efficient Federal prison system;
"(4) utilize a validated post-sentencing risk and needs assessment system that relies on dynamic factors to provide Federal prison officials with information regarding needs of Federal pregnant offenders and enhance public safety;
"(5) perform regular outcome evaluations of the effectiveness of programs and interventions for federally incarcerated pregnant women and mothers to assure that such programs and interventions are evidence-based and to suggest changes, deletions, and expansions based on the results of such evaluations; and
"(6) assist the Department of Justice to address the underlying cost structure of the Federal prison system and ensure that the Department can continue to run parenting programming safely and securely without compromising the scope or quality of the Department's critical health, safety and law enforcement missions.
"(d)
"(1)
"(A) the Director of the Administrative Office of the United States Courts;
"(B) the Director of the Office of Probation and Pretrial Services; and
"(C) the Director of the National Institute of Justice.
"(2)
"(A) evaluate the female offender risk and needs assessment for its ability to address the particular health and sensitivities of federally incarcerated pregnant women and mothers in accordance with this subsection;
"(B) develop recommendations regarding recidivism reduction programs and productive activities in accordance with subsection (c);
"(C) conduct ongoing research and data analysis on-
"(i) the best practices relating to the use of offender risk and needs assessment tools for female offenders with a particular emphasis on how those tools address the health and sensitivities of federally incarcerated pregnant women and mothers;
"(ii) potential improvements to risk and needs assessment tools for female offenders to address the health and sensitivities of federally incarcerated pregnant women and mothers; and
"(iii) which recidivism reduction programs are the most effective-
"(I) for federally incarcerated pregnant women and mothers classified at different recidivism risk levels; and
"(II) for addressing the specific needs of federally incarcerated pregnant women and mothers;
"(D) on a biennial basis, review any findings related to evaluations conducted under subparagraph (A) and the recommendations developed under subparagraph (B), using the research conducted under subparagraph (C), to determine whether any revisions or updates should be made to female offender risk and needs assessment systems, and if so, make such revisions or updates;
"(E) hold periodic meetings with the individuals listed in paragraph (1) at intervals to be determined by the Director;
"(F) develop tools to communicate parenting program availability and eligibility criteria to each employee of the Bureau of Prisons and each pregnant inmate to ensure that each pregnant inmate in the custody of a Bureau of Prisons facility understands the resources available to such inmate; and
"(G) report to Congress in accordance with subsection (h).
"(3)
"(A) consult relevant stakeholders; and
"(B) make decisions using data that is based on available statistical and empirical evidence.
"(e)
"(1) is pregnant at the beginning of or during the term of imprisonment; and
"(2) is in the custody or control of the Bureau of Prisons.
"(f)
"(1)
"(A) the date that the inmate's term of imprisonment terminates; or
"(B) the date the infant fails to meet any medical criteria established by the Director.
"(2)
"(A) take substantive steps towards acting in the role of a parent or guardian to any child of that inmate;
"(B) participate in any recommended educational or counseling opportunities, including topics such as child development, parenting skills, domestic violence, vocational training, or substance abuse, as appropriate;
"(C) abide by any court decision regarding the legal or physical custody of the child; and
"(D) specify a person who has agreed to take at least temporary custody of the child if the inmate's participation in the Program terminates before the inmate's release.
"(g)
"(h)
"(1)
"(2)
[For definitions of terms used in section 1002 of div. W of
De-Escalation Training
"(1) de-escalate encounters between a law enforcement officer or an officer or employee of the Bureau of Prisons, and a civilian or a prisoner (as such term is defined in section 3635 of title 18, United States Code, as added by section 101(a) of this Act); and
"(2) identify and appropriately respond to incidents that involve the unique needs of individuals who have a mental illness or cognitive deficit."
Pilot Programs
"(a)
"(1)
"(2)
"(b)
"(c)
Healthcare Products
"(a)
"(b)
"(c)
Amenities or Personal Comforts
"(1) in-cell television viewing except for prisoners who are segregated from the general prison population for their own safety;
"(2) the viewing of R, X, and NC–17 rated movies, through whatever medium presented;
"(3) any instruction (live or through broadcasts) or training equipment for boxing, wrestling, judo, karate, or other martial art, or any bodybuilding or weightlifting equipment of any sort;
"(4) possession of in-cell coffee pots, hot plates or heating elements; or
"(5) the use or possession of any electric or electronic musical instrument."
Similar provisions were contained in the following appropriation acts:
Sexually Explicit Commercially Published Material
Similar provisions were contained in the following appropriation acts:
Reimbursement for Certain Expenses Outside of Federal Institutions
Guidelines for States Regarding Infectious Diseases in Correctional Institutions
Prisoner Access
Application to Prisoners to Which Prior Law Applies
Cost Savings Measures
Administration of Confinement Facilities Located on Military Installations by Bureau of Prisons
"(1) administering Bureau of Prisons confinement facilities for civilian nonviolent prisoners located on military installations in cooperation with the Secretary of Defense, with an emphasis on placing women inmates in such facilities, or in similar minimum security confinement facilities not located on military installations, so that the percentage of eligible women equals the percentage of eligible men housed in such or similar minimum security confinement facilities (i.e., prison camps);
"(2) establishing and regulating drug treatment programs for inmates held in such facilities in coordination and cooperation with the National Institute on Drug Abuse; and
"(3) establishing and managing work programs in accordance with guidelines under the Bureau of Prisons for persons held in such facilities and in cooperation with the installation commander."
Executive Documents
Limiting the Use of Restrictive Housing by the Federal Government
Memorandum of President of the United States, Mar. 1, 2016, 81 F.R. 11997, provided:
Memorandum for the Heads of Executive Departments and Agencies
A growing body of evidence suggests that the overuse of solitary confinement and other forms of restrictive housing in U.S. correctional systems undermines public safety and is contrary to our Nation's values.
In July 2015, as part of my Administration's ongoing efforts to pursue reforms that make the criminal justice system more fair and effective, I directed the Attorney General to undertake a comprehensive review of the overuse of solitary confinement across American prisons. Since that time, senior officials at the Department of Justice (DOJ) have met regularly to study the issue and develop strategies for reducing the use of this practice nationwide.
Those efforts gave rise to a final report transmitted to me on January 25, 2016 (DOJ Report and Recommendations Concerning the Use of Restrictive Housing) (the "DOJ Report"), that sets forth specific policy recommendations for DOJ with respect to the Federal Bureau of Prisons and other DOJ entities as well as more general guiding principles for all correctional systems.
As the DOJ Report makes clear, although occasions exist when correctional officials have no choice but to segregate inmates from the general population, this action has the potential to cause serious, long-lasting harm. The DOJ Report accordingly emphasizes the responsibility of Government to ensure that this practice is limited, applied with constraints, and used only as a measure of last resort.
Given the urgency and importance of this issue, it is critical that DOJ accelerate efforts to reduce the number of Federal inmates and detainees held in restrictive housing and that Federal correctional and detention systems be models for facilities across the United States. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, and to address the overuse of solitary confinement in correctional and detention systems throughout the United States, I hereby direct as follows:
(b) Other executive departments and agencies (agencies) that impose restrictive housing shall review the DOJ Report to determine whether corresponding changes at their facilities should be made in light of the policy recommendations and guiding principles in the DOJ Report.
These other agencies shall report back to me not later than 180 days after the date of this memorandum on how they plan to address their use of restrictive housing.
(b) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.