1. U.S. Code
  2. title 18
  3. part IV
  4. chapter 401
  5. § 5003

Collapse to view only § 5003. Custody of State offenders

§ 5001. Surrender to State authorities; expenses

Whenever any person under twenty-one years of age has been arrested, charged with the commission of an offense punishable in any court of the United States or of the District of Columbia, and, after investigation by the Department of Justice, it appears that such person has committed an offense or is a delinquent under the laws of any State or of the District of Columbia which can and will assume jurisdiction over such juvenile and will take him into custody and deal with him according to the laws of such State or of the District of Columbia, and that it will be to the best interest of the United States and of the juvenile offender, the United States attorney of the district in which such person has been arrested may forego his prosecution and surrender him as herein provided, unless such surrender is precluded under section 5032 of this title.

The United States marshal of such district upon written order of the United States attorney shall convey such person to such State or the District of Columbia, or, if already therein, to any other part thereof and deliver him into the custody of the proper authority thereof.

(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 100–690, title VI, § 6467(b), Nov. 18, 1988, 102 Stat. 4376.)

CITE AS: 18 USC 5001

[§ 5002. Repealed. Pub. L. 104–134, title I, § 101[(a)] [title VI, § 614(a)(1)], Apr. 26, 1996, 110 Stat. 1321, 1321–65; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327]

CITE AS: 18 USC 5002

§ 5003. Custody of State offenders
(a)
(1) The Director of the Bureau of Prisons when proper and adequate facilities and personnel are available may contract with proper officials of a State or territory, for the custody, care, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such State or territory.
(2) Any such contract shall provide—
(A) for reimbursing the United States in full for all costs or expenses involved;
(B) for receiving in exchange persons convicted of criminal offenses in the courts of the United States, to serve their sentence in appropriate institutions or facilities of the State or territory by designation as provided in section 4082(b) 1
1 See References in Text note below.
of this title, this exchange to be made according to formulas or conditions which may be negotiated in the contract; or
(C) for compensating the United States by means of a combination of monetary payment and of receipt of persons convicted of criminal offenses in the courts of the United States, according to formulas or conditions which may be negotiated in the contract.
(3) No such contract shall provide for the receipt of more State or territory prisoners by the United States than are transferred to that State or territory by such contract.
(b) Funds received under such contract may be deposited in the Treasury to the credit of the appropriation or appropriations from which the payments for such service were originally made.
(c) Unless otherwise specifically provided in the contract, a person committed to the Attorney General hereunder shall be subject to all the provisions of law and regulations applicable to persons committed for violations of laws of the United States not inconsistent with the sentence imposed.
(d) The term “State” as used in this section includes any State, territory, or possession of the United States, and the Canal Zone.
(Added May 9, 1952, ch. 253, § 1, 66 Stat. 68; amended Pub. L. 89–267, § 1, Oct. 19, 1965, 79 Stat. 990; Pub. L. 99–646, § 66, Nov. 10, 1986, 100 Stat. 3615.)

CITE AS: 18 USC 5003