CHAPTER 303 —BUREAU OF PRISONS
Editorial Notes
Amendments
2022—
2018—
2016—
2000—
1994—
1990—
1986—
1982—
§4041. Bureau of Prisons; director and employees
The Bureau of Prisons shall be in charge of a director appointed by and serving directly under the Attorney General. The Attorney General may appoint such additional officers and employees as he deems necessary.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §753 (May 14, 1930, ch. 274, §1,
The entire second sentence was omitted as executed. All powers and authority originally vested in the former Superintendent of Prisons are now possessed by the Bureau of Prisons.
Minor changes of phraseology were made.
Editorial Notes
Amendments
2002—
Statutory Notes and Related Subsidiaries
Augmentation
Compensation of Director
Compensation of Director, see
§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
(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
Minor changes were made in phraseology.
The remainder of said
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
"(C) An offense under
"(D) An offense under
"(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
"(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.
§4043. Acceptance of gifts and bequests to the Commissary Funds, Federal Prisons
The Attorney General may accept gifts or bequests of money for credit to the "Commissary Funds, Federal Prisons". A gift or bequest under this section is a gift or bequest to or for the use of the United States under the Internal Revenue Code of 1986 (
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 4043 | 31:725s–4. | May 15, 1952, ch. 289, §2, |
Editorial Notes
Amendments
1986—
Statutory Notes and Related Subsidiaries
Expenditures; Inmate Telephone System
"(1) the installation, operation, and maintenance of the Inmate Telephone System;
"(2) the payment of all the equipment purchased or leased in connection with the Inmate Telephone System; and
"(3) the salaries, benefits, and other expenses of personnel who install, operate, and maintain the Inmate Telephone System."
Deposit or Investment of Excess Amounts in Federal Prison Commissary Fund
Section 108 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by
Similar provisions were contained in the following prior appropriation act:
§4044. Donations on behalf of the Bureau of Prisons
The Attorney General may, in accordance with rules prescribed by the Attorney General, accept in the name of the Department of Justice any form of devise, bequest, gift or donation of money or property for use by the Bureau of Prisons or Federal Prison Industries. The Attorney General may take all appropriate steps to secure possession of such property and may sell, assign, transfer, or convey such property other than money.
(Added
§4045. Authority to conduct autopsies
A chief executive officer of a Federal penal or correctional facility may, pursuant to rules prescribed by the Director, order an autopsy and related scientific or medical tests to be performed on the body of a deceased inmate of the facility in the event of homicide, suicide, fatal illness or accident, or unexplained death, when it is determined that such autopsy or test is necessary to detect a crime, maintain discipline, protect the health or safety of other inmates, remedy official misconduct, or defend the United States or its employees from civil liability arising from the administration of the facility. To the extent consistent with the needs of the autopsy or of specific scientific or medical tests, provisions of State and local law protecting religious beliefs with respect to such autopsies shall be observed. Such officer may also order an autopsy or post-mortem operation, including removal of tissue for transplanting, to be performed on the body of a deceased inmate of the facility, with the written consent of a person authorized to permit such an autopsy or post-mortem operation under the law of the State in which the facility is located.
(Added
§4046. Shock incarceration program
(a) The Bureau of Prisons may place in a shock incarceration program any person who is sentenced to a term of imprisonment of more than 12, but not more than 30, months, if such person consents to that placement.
(b) For such initial portion of the term of imprisonment as the Bureau of Prisons may determine, not to exceed 6 months, an inmate in the shock incarceration program shall be required to—
(1) adhere to a highly regimented schedule that provides the strict discipline, physical training, hard labor, drill, and ceremony characteristic of military basic training; and
(2) participate in appropriate job training and educational programs (including literacy programs) and drug, alcohol, and other counseling programs.
(c) An inmate who in the judgment of the Director of the Bureau of Prisons has successfully completed the required period of shock incarceration shall remain in the custody of the Bureau for such period (not to exceed the remainder of the prison term otherwise required by law to be served by that inmate), and under such conditions, as the Bureau deems appropriate.
(Added
Statutory Notes and Related Subsidiaries
Authorization of Appropriations
§4047. Prison impact assessments
(a) Any submission of legislation by the Judicial or Executive branch which could increase or decrease the number of persons incarcerated in Federal penal institutions shall be accompanied by a prison impact statement (as defined in subsection (b)).
(b) The Attorney General shall, in consultation with the Sentencing Commission and the Administrative Office of the United States Courts, prepare and furnish prison impact assessments under subsection (c) of this section, and in response to requests from Congress for information relating to a pending measure or matter that might affect the number of defendants processed through the Federal criminal justice system. A prison impact assessment on pending legislation must be supplied within 21 days of any request. A prison impact assessment shall include—
(1) projections of the impact on prison, probation, and post prison supervision populations;
(2) an estimate of the fiscal impact of such population changes on Federal expenditures, including those for construction and operation of correctional facilities for the current fiscal year and 5 succeeding fiscal years;
(3) an analysis of any other significant factor affecting the cost of the measure and its impact on the operations of components of the criminal justice system; and
(4) a statement of the methodologies and assumptions utilized in preparing the assessment.
(c) The Attorney General shall prepare and transmit to the Congress, by March 1 of each year, a prison impact assessment reflecting the cumulative effect of all relevant changes in the law taking effect during the preceding calendar year.
(Added
§4048. Fees for health care services for prisoners
(a)
(1) the term "account" means the trust fund account (or institutional equivalent) of a prisoner;
(2) the term "Director" means the Director of the Bureau of Prisons;
(3) the term "health care provider" means any person who is—
(A) authorized by the Director to provide health care services; and
(B) operating within the scope of such authorization;
(4) the term "health care visit"—
(A) means a visit, as determined by the Director, by a prisoner to an institutional or noninstitutional health care provider; and
(B) does not include a visit initiated by a prisoner—
(i) pursuant to a staff referral; or
(ii) to obtain staff-approved follow-up treatment for a chronic condition; and
(5) the term "prisoner" means—
(A) any individual who is incarcerated in an institution under the jurisdiction of the Bureau of Prisons; or
(B) any other individual, as designated by the Director, who has been charged with or convicted of an offense against the United States.
(b)
(1)
(2)
(c)
(1) the prisoner receiving health care services in connection with a health care visit described in subsection (b)(1); or
(2) in the case of health care services provided in connection with a health care visit described in subsection (b)(1) that results from an injury inflicted on a prisoner by another prisoner, the prisoner who inflicted the injury, as determined by the Director.
(d)
(e)
(f)
(1) the account of the prisoner is insolvent; or
(2) the prisoner is otherwise unable to pay a fee assessed under this section.
(g)
(1)
(2)
(A) 75 percent shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (
(B) 25 percent shall be available to the Attorney General for administrative expenses incurred in carrying out this section.
(h)
(1) 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
(2) for services provided before the expiration of such period.
(i)
(j)
(k)
(1) a description of the amounts collected under this section during the preceding 12-month period;
(2) an analysis of the effects of the implementation of this section, if any, on the nature and extent of heath care visits by prisoners;
(3) an itemization of the cost of implementing and administering the program;
(4) a description of current inmate health status indicators as compared to the year prior to enactment; and
(5) a description of the quality of health care services provided to inmates during the preceding 12-month period, as compared with the quality of those services provided during the 12-month period ending on the date of the enactment of such Act.
(l)
(Added
Editorial Notes
References in Text
Section 1402 of the Victims of Crime Act of 1984, referred to in subsec. (g)(2)(A), is section 1402 of chapter XIV of title II of
The date of the enactment of the Federal Prisoner Health Care Copayment Act of 2000, referred to in subsec. (k), is the date of enactment of
1 See References in Text note below.
§4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray
(a)
(1) any officer or employee of the Bureau of Prisons who—
(A) is employed in a prison that is not a minimum or low security prison; and
(B) may respond to an emergency situation in such a prison; and
(2) to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section.
(b)
(1)
(2)
(3)
(c)
(1) committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons; and
(2) committed by prison visitors against themselves, prisoners, other visitors, and officers and employees of the Bureau of Prisons.
(Added
§4050. Secure firearms storage
(a)
(1) the term "employee" means a qualified law enforcement officer employed by the Bureau of Prisons; and
(2) the terms "firearm" and "qualified law enforcement officer" have the meanings given those terms under section 926B.
(b)
(1)(A) provides a secure storage area located outside of the secure perimeter of the institution for employees to store firearms; or
(B) allows employees to store firearms in a vehicle lockbox approved by the Director of the Bureau of Prisons; and
(2) notwithstanding any other provision of law, allows employees to carry concealed firearms on the premises outside of the secure perimeter of the institution.
(Added
§4051. Treatment of primary caretaker parents and other individuals
(a)
(1) the term "correctional officer" means a correctional officer of the Bureau of Prisons;
(2) the term "covered institution" means a Federal penal or correctional institution;
(3) the term "Director" means the Director of the Bureau of Prisons;
(4) the term "post-partum recovery" means the first 12-week period of post-partum recovery after giving birth;
(5) the term "primary caretaker parent" has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act (
(6) the term "prisoner" means an individual who is incarcerated in a Federal penal or correctional institution, including a vulnerable person; and
(7) the term "vulnerable person" means an individual who—
(A) is under 21 years of age or over 60 years of age;
(B) is pregnant;
(C) is victim or witness of a crime;
(D) has filed a nonfrivolous civil rights claim in Federal or State court; or
(E) during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence—
(i) by any court or administrative judicial proceeding;
(ii) by any corrections official;
(iii) by the individual's attorney or legal service provider; or
(iv) by the individual.
(b)
(1)
(2)
(A) if the prisoner has children, consider placing the prisoner as close to the children as possible; and
(B) consider any other factor that the office determines to be appropriate.
(c)
(1)
(2)
(d)
(e)
(f)
(1) identify a prisoner who may have a mental or physical health need relating to trauma the prisoner has experienced; and
(2) refer a prisoner described in paragraph (1) to the proper health care professional for diagnosis and treatment.
(g)
(1) how to interact with children in an age-appropriate manner, and the children's caregivers;
(2) basic childhood and adolescent development information; and
(3) basic customer service skills.
(h)
(1)
(2)
(A) on the distribution and accessibility of sanitary products to prisoners, to ensure each prisoner who requires these products receives a quantity the prisoner deems sufficient; and
(B) providing that no visitor is prohibited from visiting a prisoner due to the visitor's use of sanitary products.
(3)
(4)
(Added
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (e), is
The Prison Rape Elimination Act of 2003, referred to in subsec. (h)(4), is
Statutory Notes and Related Subsidiaries
Effective Date
Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of
Implementation Date
Section, as enacted by