Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§753a, 753b, (May 14, 1930, ch. 274, §§2, 3, 46 Stat. 325).

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.

References in Text

The Sex Offender Registration and Notification Act, referred to in subsec. (c)(2), (3), is title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, which was classified principally to subchapter I (§16901 et seq.) of chapter 151 of Title 42, The Public Health and Welfare, prior to editorial reclassification as chapter 209 (§20901 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of Title 34 and Tables.

Amendments

2018—Subsec. (a)(D), (E). Pub. L. 115–391, §604(b)(1), redesignated pars. (D) and (E) as (6) and (7), respectively.

Subsec. (a)(6). Pub. L. 115–391, §604(b)(1), (2)(E), redesignated par. (D) as (6) and cls. (i) to (iii) as subpars. (A) to (C), respectively.

Subsec. (a)(6)(i). Pub. L. 115–391, §604(b)(2)(A), struck out "Social Security Cards," before "Social Security benefits" and "and" after "benefits);".

Subsec. (a)(6)(ii). Pub. L. 115–391, §604(b)(2)(C), added cl. (ii). Former cl. (ii) redesignated (iii).

Subsec. (a)(6)(iii). Pub. L. 115–391, §604(b)(2)(B), (D), redesignated cl. (ii) as (iii) and inserted "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" after "prior to release".

Subsec. (a)(7). Pub. L. 115–391, §604(b)(1), (3), redesignated par. (E) as (7) and cls. (i) to (vii) as subpars. (A) to (G), respectively.

2010—Subsec. (a)(4). Pub. L. 111–211, §261(a)(1), inserted ", tribal," after "State".

Subsec. (b)(1). Pub. L. 111–211, §261(a)(2), substituted "officers of each State, tribal, and local jurisdiction" for "officer of the State and of the local jurisdiction".

Subsec. (c)(1)(A). Pub. L. 111–211, §261(a)(3)(A), substituted "officer of each State, tribal, and local jurisdiction" for "officer of the State and of the local jurisdiction".

Subsec. (c)(1)(B). Pub. L. 111–211, §261(a)(3)(B), inserted ", tribal," after "State" in two places.

2008—Subsec. (a)(D), (E). Pub. L. 110–199 added pars. (D) and (E).

2006—Subsec. (c)(1). Pub. L. 109–248, §141(g)(1), substituted "paragraph (3), or any other person in a category specified by the Attorney General," for "paragraph (4)" in introductory provisions.

Subsec. (c)(2). Pub. L. 109–248, §141(g)(2), substituted "shall register as required by the Sex Offender Registration and Notification Act" for "shall be subject to a registration requirement as a sex offender" in first sentence and "paragraph (3)" for "paragraph (4)" in fourth sentence.

Subsec. (c)(3). Pub. L. 109–248, §141(f), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The Director of the Bureau of Prisons shall inform a person described in paragraph (4) who is released from prison that the person shall be subject to a registration requirement as a sex offender in any State in which the person resides, is employed, carries on a vocation, or is a student (as such terms are defined for purposes of section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994), and the same information shall be provided to a person described in paragraph (4) who is sentenced to probation by the probation officer responsible for supervision of the person or in a manner specified by the Director of the Administrative Office of the United States Courts."

Subsec. (c)(4). Pub. L. 109–248, §141(h), struck out par. (4) which read as follows: "A person is described in this paragraph if the person was convicted of any of the following offenses (including such an offense prosecuted pursuant to section 1152 or 1153):

"(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). Pub. L. 105–119, §115(a)(8)(A)(i), substituted "subsections (b) and (c)" for "subsection (b)".

Subsec. (b)(4). Pub. L. 105–119, §115(a)(8)(A)(ii), struck out par. (4) which read as follows: "The notice provided under this section shall be used solely for law enforcement purposes."

Subsecs. (c), (d). Pub. L. 105–119, §115(a)(8)(A)(iv), added subsec. (c) and redesignated former subsec. (c) as (d).

1994—Pub. L. 103–322 designated first par. of existing provisions as subsec. (a) and inserted heading, substituted "provide" for "Provide" and "; and" for period at end of par. (4), added par. (5) and subsec. (b), and designated second sentence of existing provisions as subsec. (c) and inserted heading.

1968—Pub. L. 90–371 added cl. (4).

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–119 effective 1 year after Nov. 26, 1997, see section 115(c)(1) of Pub. L. 105–119, set out as a note under section 3521 of this title.

Construction of 2008 Amendment

For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 60504 of Title 34, Crime Control and Law Enforcement.

Amenities or Personal Comforts

Pub. L. 107–77, title VI, §611, Nov. 28, 2001, 115 Stat. 800, provided that: "Hereafter, none of the funds appropriated or otherwise made available to the Bureau of Prisons shall be used to provide the following amenities or personal comforts in the Federal prison system—

"(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:

Pub. L. 106–553, §1(a)(2) [title VI, §611], Dec. 21, 2000, 114 Stat. 2762, 2762A–105.

Pub. L. 106–113, div. B, §1000(a)(1) [title VI, §612], Nov. 29, 1999, 113 Stat. 1535, 1501A–54.

Pub. L. 105–277, div. A, §101(b) [title VI, §611], Oct. 21, 1998, 112 Stat. 2681–50, 2681–113.

Pub. L. 105–119, title VI, §611, Nov. 26, 1997, 111 Stat. 2517.

Pub. L. 104–208, div. A, title I, §101(a) [title VI, §611], Sept. 30, 1996, 110 Stat. 3009, 3009–66.

Pub. L. 104–134, title I, §101[(a)] [title VI, §611], Apr. 26, 1996, 110 Stat. 1321, 1321–64; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.

De-Escalation Training

Pub. L. 115–391, title VI, §606, Dec. 21, 2018, 132 Stat. 5244, provided that: "Beginning not later than 1 year after the date of enactment of this Act [Dec. 21, 2018], the Director of the Bureau of Prisons shall incorporate into training programs provided to officers and employees of the Bureau of Prisons (including officers and employees of an organization with which the Bureau of Prisons has a contract to provide services relating to imprisonment) specialized and comprehensive training in procedures to—

"(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

Pub. L. 115–391, title VI, §608, Dec. 21, 2018, 132 Stat. 5245, provided that:

"(a) In General.—The Bureau of Prisons shall establish each of the following pilot programs for 5 years, in at least 20 facilities:

"(1) Mentorship for youth.—A program to pair youth with volunteers from faith-based or community organizations, which may include formerly incarcerated offenders, that have relevant experience or expertise in mentoring, and a willingness to serve as a mentor in such a capacity.

"(2) Service to abandoned, rescued, or otherwise vulnerable animals.—A program to equip prisoners with the skills to provide training and therapy to animals seized by Federal law enforcement under asset forfeiture authority and to organizations that provide shelter and similar services to abandoned, rescued, or otherwise vulnerable animals.

"(b) Reporting Requirement.—Not later than 1 year after the conclusion of the pilot programs, the Attorney General shall report to Congress on the results of the pilot programs under this section. Such report shall include cost savings, numbers of participants, and information about recidivism rates among participants.

"(c) Definition.—In this title, the term 'youth' means 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) who was 21 years of age or younger at the time of the commission or alleged commission of the criminal offense for which the individual is being prosecuted or serving a term of imprisonment, as the case may be."

Healthcare Products

Pub. L. 115–391, title VI, §611, Dec. 21, 2018, 132 Stat. 5247, provided that:

"(a) Availability.—The Director of the Bureau of Prisons shall make the healthcare products described in subsection (c) available to prisoners for free, in a quantity that is appropriate to the healthcare needs of each prisoner.

"(b) Quality Products.—The Director shall ensure that the healthcare products provided under this section conform with applicable industry standards.

"(c) Products.—The healthcare products described in this subsection are tampons and sanitary napkins."

Sexually Explicit Commercially Published Material

Pub. L. 107–77, title VI, §614, Nov. 28, 2001, 115 Stat. 801, provided that: "Hereafter, none of the funds appropriated or otherwise made available to the Federal Bureau of Prisons may be used to distribute or make available any commercially published information or material to a prisoner when it is made known to the Federal official having authority to obligate or expend such funds that such information or material is sexually explicit or features nudity."

Similar provisions were contained in the following appropriation acts:

Pub. L. 106–553, §1(a)(2) [title VI, §614], Dec. 21, 2000, 114 Stat. 2762, 2762A–106.

Pub. L. 106–113, div. B, §1000(a)(1) [title VI, §615], Nov. 29, 1999, 113 Stat. 1535, 1501A–54.

Pub. L. 105–277, div. A, §101(b) [title VI, §614], Oct. 21, 1998, 112 Stat. 2681–50, 2681–113.

Pub. L. 105–119, title VI, §614, Nov. 26, 1997, 111 Stat. 2518.

Pub. L. 104–208, div. A, title I, §101(a) [title VI, §614], Sept. 30, 1996, 110 Stat. 3009, 3009–66.

Reimbursement for Certain Expenses Outside of Federal Institutions

Pub. L. 106–553, §1(a)(2) [title I], Dec. 21, 2000, 114 Stat. 2762, 2762A–55, provided in part: "That hereafter amounts appropriated for Federal Prisoner Detention shall be available to reimburse the Federal Bureau of Prisons for salaries and expenses of transporting, guarding and providing medical care outside of Federal penal and correctional institutions to prisoners awaiting trial or sentencing."

Guidelines for States Regarding Infectious Diseases in Correctional Institutions

Pub. L. 105–370, §2(c), Nov. 12, 1998, 112 Stat. 3375, which required the Attorney General to provide to States proposed guidelines related to infectious diseases in correctional institutions, was editorially reclassified as a note under section 60101 of Title 34, Crime Control and Law Enforcement.

Prisoner Access

Pub. L. 105–314, title VIII, §801, Oct. 30, 1998, 112 Stat. 2990, provided that: "Notwithstanding any other provision of law, no agency, officer, or employee of the United States shall implement, or provide any financial assistance to, any Federal program or Federal activity in which a Federal prisoner is allowed access to any electronic communication service or remote computing service without the supervision of an official of the Federal Government."

Application to Prisoners to Which Prior Law Applies

Pub. L. 103–322, title II, §20404, Sept. 13, 1994, 108 Stat. 1825, provided that: "In the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in section 4042(b) of title 18, United States Code, shall be deemed to be a reference to probation or parole."

Cost Savings Measures

Pub. L. 101–647, title XXIX, §2907, Nov. 29, 1990, 104 Stat. 4915, provided that: "The Director of the Federal Bureau of Prisons (referred to as the 'Director') shall, to the extent practicable, take such measures as are appropriate to cut costs of construction. Such measures may include reducing expenditures for amenities including, for example, color television or pool tables."

Administration of Confinement Facilities Located on Military Installations by Bureau of Prisons

Pub. L. 100–690, title VII, §7302, Nov. 18, 1988, 102 Stat. 4463, provided that: "In conjunction with the Department of Defense and the Commission on Alternative Utilization of Military Facilities as established in the National Defense Authorization Act of Fiscal Year 1989 [see section 2819 of Pub. L. 100–456, 104 Stat. 1820, formerly set out as a note under section 2391 of Title 10, Armed Forces], the Bureau of Prisons shall be responsible for—

"(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."

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:

Section 1. Implementation of the DOJ Report. (a) DOJ shall promptly undertake to revise its regulations and policies, consistent with the direction of the Attorney General, to implement the policy recommendations in the DOJ Report concerning the use of restrictive housing. DOJ shall provide me with an update on the status of these efforts not later than 180 days after the date of this memorandum.

(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.

Sec. 2. General Provisions. (a) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(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.

Sec. 3. Publication. The Attorney General is authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.