Chapter 274. To reorganize the administration of Federal prisons; to authorize the Attorney General to contract for the care of United States prisoners; to establish Federal jails, and for other purposes
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CHAP. 274.— An Act To reorganize the administration of Federal prisons; to authorize the Attorney General to contract for the care of United States prisoners; to establish Federal jails, and for other purposes. May 14, 1930.[[H. R. 7832](/us/bill/71/hr/7832).][[Public, No. 218](/us/pl/71/218).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That there is herebyDepartment of Justice.Bureau of Prisons established in.Director to have charge.*Ante*, p. 187.Personnel of office of Superintendent of Prisons, duties, etc., transferred thereto. established in the Department of Justice a Bureau of Prisons, to be in charge of a director, who shall be paid a salary at the rate of $10,000 a year, and shall be appointed by and serve directly under the Attorney General.
The officers and employees of the existing office of the Superintendent of Prisons; all official records, furniture, and supplies; and all of the authority, powers, and duties conferred by law or regulation upon the Superintendent of Prisons or any of his subordinates are hereby transferred to the Bureau of Prisons. The Attorney General shall have the power to appoint such additional officers and employees as may be necessary. Sec. 2. The Bureau of Prisons shall have charge of the managementDuties of Bureau. and regulation of all Federal penal and correctional institutions and be responsible for the safe-keeping, care, protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States: *Provided*, That the provisions of this*Proviso*.Not applicable to Military prisons, etc.
Act shall not apply to military penal or military reformatory institutions or persons confined therein. Sec. 3. It shall be the duty of the Bureau of Prisons to provideQuarters for Federal convicts, etc., to be provided by Bureau. suitable quarters for the safe-keeping, care, and subsistence of all persons convicted of offenses against the United States, charged*Post*, p. 1328. with offenses against the United States, or held as witnesses or otherwise. For this purpose the Director of the Bureau of Prisons mayContracts with States, etc., for keeping Federal prisoners. contract, for a period not exceeding three years with the proper authorities of any State or Territory or political subdivision thereof, for the imprisonment, subsistence, care, and proper employment of any person held under authority of any United States statute: *Provided*, That such Federal prisoners shall be employed only in*Proviso*.Employment of prisoners limited. the manufacture of articles for, the production of supplies for, the construction of public works for, and the maintenance and care of the institutions of, the State or political subdivision of the State in which they are imprisoned.
The rates to be paid for the careRates for care, etc. 326and custody of said persons shall take into consideration the character of the quarters furnished, sanitary conditions, and quality of subsistence. The rates to be paid may be such as will permit and encourage the proper authorities to provide reasonably decent, sanitary, and healthful quarters and subsistence for persons held as United States prisoners. Sec. 4. Establishment of Federal jails in absence of State provision.*Post*, p. 882.
If by reason of the refusal or inability of the authorities having control of any jail, workhouse, penal, correctional, or other suitable institution of any State or Territory, or political subdivision thereof, to enter into a contract for the imprisonment, subsistence, care, or proper employment of United States prisoners, or if there are no suitable or sufficient facilities available at reasonable cost, the Attorney General is authorized to select a site either within or convenient to the State, Territory, or judicial district concerned Erection of buildings, etc.and cause to be erected thereon a house of detention, workhouse, jail, prison-industries project, or camp or other place of confinement, which shall be used for the detention of persons held as material witnesses, persons awaiting trial, persons Detention of violators of immigration laws, etc.sentenced to imprisonment and awaiting transfer to other institutions, and for the confinement of persons convicted of offenses against the United States and sentenced to imprisonment, with or without hard labor; for the detention of persons held for violation of the immigration laws or awaiting deportation, and of such other persons as in the opinion of the Attorney General are proper subjects for confinement in the institutions herein authorized.
Sec. 5. Sum authorized for sites, buildings, etc.*Post*, p. 1575. To carry out the purposes of the foregoing section the Attorney General may authorize the use of a sum not to exceed $100,000 in each instance, payable from any unexpended balance of the appropriation “Support of United States prisoners” for the purpose of leasing or acquiring a site, preparation of plans, and Securing options, preliminary surveys, etc., if unable to secure site, etc.erection of necessary buildings.
If in any instance it shall be impossible or impracticable to secure a proper site and erect the necessary buildings within the above limitation of $100,000, the Attorney General may authorize the use of a sum not to exceed $10,000 in each instance, payable from any unexpended balance of the appropriation “Support of United States prisoners” for the purpose of securing options and making preliminary surveys or Estimate of cost to be submitted to Congress.sketches. Upon selection of an appropriate site the Attorney General shall submit to Congress an estimate of the cost of purchasing same and of remodeling, constructing, and equipping the necessary buildings thereon.
Sec. 6. Control, etc., vested in Attorney General, house of detention, in New York City included.Vol. 45, p. 1647. The control and management of any institutions established hereunder, and the house of detention for Federal prisoners in New York City appropriated for in the Second Deficiency Act, fiscal year 1929, shall be vested in the Attorney General, who shall have power to promulgate rules for the government thereof, and to appoint in accordance with the civil service laws and regulations Industries to be established, etc.all necessary officers and employees.
In connection with such maintenance and operation the Attorney General is authorized to establish and conduct industries, farms, and other activities; to classify the inmates; and to provide for their proper treatment, care, rehabilitation, and reformation. Sec. 7. Places for confining convicts to be designated by courts. Hereafter all persons convicted of an offense against the United States shall be committed, for such terms of imprisonment and to such types of institutions as the court may direct, to the custody of the Attorney General of the United States or his authorized representative, who shall designate the places of confinement where the sentences of all such persons shall be served.
The Attorney General may designate any available, suitable, and appropriate institutions, whether maintained by the Federal Government or 327otherwise or whether within or without the judicial district in which convicted. The Attorney General is also authorized to order theTransfers authorized from one institution to another. transfer of any person Held under authority of any United States statute from one institution to another 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 prisoner is confined or for other reasons.
Sec. 8. All transportation of prisoners shall be by such agent orTransportation, etc., of prisoners, guards, etc., payable from department appropriation. agents of the Department of Justice as the Attorney General or his authorized representative shall from time to time nominate, the reasonable expense of transportation, necessary subsistence, and hire and transportation of guards and agent or agents to be paid by the Attorney General from any appropriation to the Department of Justice as he may direct: *Provided*, That when the conviction is by a*Proviso*.Consular court and court-martial convicts from other appropriations. consular court or court-martial the transportation from the court to the place of confinement shall be by an agent or agents of the Department of State or the Department of War, as the case may be, the expenses of such transportation to be paid out of the Treasury of the United States in the manner provided by law.
Sec. 9. Any person poperly committed to the custody of thePunishment for apprehended escaped convicts, etc. Attorney General or his authorized representative or who is confined in any penal or correctional institution, pursuant to the direction of the Attorney General, who escapes or attempts to escape therefrom shall be guilty of an offense and upon apprehension and conviction of any such offense in any United States court shall be punished by imprisonment for not more than five years, such sentenceAdditional to original sentence. to begin upon the expiration of or upon legal release from the sentence for which said person was originally confined.
Sec. 10. It shall be unlawful for any person to procure the escapeAiding, etc., escape, unlawful. of any prisoner properly committed to the custody of the Attorney General or to any penal or correctional institution, pursuant to the direction of the Attorney General, or to advise, connive at, aid, or assist in such escape, or to conceal any such prisoner after such escape, and upon conviction in a United States court such personPunishment for. shall be punished by imprisonment for not more than three years.
Sec. 11. Any person not authorized by law or by the AttorneyUnauthorized introducing contraband articles in institution grounds, a felony. General who introduces or attempts to introduce into or upon the S rounds of any Federal penal or correctional institution any narcotic rug, weapon, or any other contraband article or thing, or any contraband letter or message intended to be received by an inmate thereof, shall be guilty of a felony, and shall be punished by imprisonmentPunishment for. for a period of not more than ten years.
Sec. 13. All Acts and parts of Acts in conflict herewith are herebyConflicting laws repealed. repealed. Approved, May 14, 1930.