§ 4042. Duties of Bureau of Prisons

6,009 words·~27 min read·/usc/title-18/section-4042

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(a)In General.— The Bureau of Prisons, under the direction of the Attorney General, shall—

(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)Notice of Release of Prisoners.—

(1)At least 5 days prior to the date on which a prisoner described in paragraph

(3)is to be released on supervised release, or, in the case of a prisoner on supervised release, at least 5 days prior to the date on which the prisoner changes residence to a new jurisdiction, written notice of the release or change of residence shall be provided to the chief law enforcement officers of each State, tribal, and local jurisdiction in which the prisoner will reside. Notice prior to release shall be provided by the Director of the Bureau of Prisons. Notice concerning a change of residence following release shall be provided by the probation officer responsible for the supervision of the released prisoner, or in a manner specified by the Director of the Administrative Office of the United States Courts. The notice requirements under this subsection do not apply in relation to a prisoner being protected under chapter 224.

(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)Notice of Sex Offender Release.—

(1)In the case of a person described in paragraph (3), or any other person in a category specified by the Attorney General, who is released from prison or sentenced to probation, notice shall be provided to—

(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. Pub. L. 109–248, title I, § 141(h), July 27, 2006, 120 Stat. 604.]

(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)Application of Section.— This section shall not apply to military or naval penal or correctional institutions or the persons confined therein.

(June 25, 1948, ch. 645, 62 Stat. 849; Pub. L. 90–371, July 1, 1968, 82 Stat. 280; Pub. L. 103–322, title II, § 20417, Sept. 13, 1994, 108 Stat. 1834; Pub. L. 105–119, title I, § 115(a)(8)(A), Nov. 26, 1997, 111 Stat. 2464; Pub. L. 109–248, title I, § 141(f)–(h), July 27, 2006, 120 Stat. 603, 604; Pub. L. 110–199, title II, § 231(d)(1), Apr. 9, 2008, 122 Stat. 685; Pub. L. 111–211, title II, § 261(a), July 29, 2010, 124 Stat. 2299; Pub. L. 115–391, title VI, § 604(b), Dec. 21, 2018, 132 Stat. 5241.)

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.