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25 U.S.C. § 1302a — Bureau of Prisons tribal prisoner program

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1302a — Bureau of Prisons tribal prisoner program

(1) **In general** — Not later than 120 days after March 15, 2022, the Director of the Bureau of Prisons shall establish a program under which the Bureau of Prisons shall accept offenders convicted in tribal court pursuant to [section 1302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1302&num=0&edition=prelim) (as amended by this section), subject to the conditions described in paragraph (2). (2) **Conditions** (A) *In general* — As a condition of participation in the program described in paragraph (1), the tribal court shall submit to the Attorney General a request for confinement of the offender, for approval by the Attorney General (or a designee) by not later than 30 days after the date of submission. (B) *Limitations* — Requests for confinement shall be limited to offenders convicted of a violent crime (comparable to the violent crimes described in [section 1153(a) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1153/a&num=0&edition=prelim)) for which the sentence includes a term of imprisonment of 1 or more years. (C) *Custody conditions* — The imprisonment by the Bureau of Prisons shall be subject to the conditions described in [section 5003 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section5003&num=0&edition=prelim), regarding the custody of State offenders, except that the offender shall be placed in the nearest available and appropriate Federal facility, and imprisoned at the expense of the United States. (D) *Cap* — The Bureau of Prisons shall confine not more than 100 tribal offenders at any time. (3) **Rescinding requests** (A) *In general* — The applicable tribal government shall retain the authority to rescind the

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Source location: Title 25, Chapter 15, § 1302a; chapter-015-constitutional-rights-of-indians.md

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1302 — Constitutional rights

**(a) In general** No Indian tribe in exercising powers of self-government shall— (1) make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances; (2) violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized; (3) subject any person for the same offense to be twice put in jeopardy; (4) compel any person in any criminal case to be a witness against himself; (5) take any private property for a public use without just compensation; (6) deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense (except as provided in subsection (b)); (7) (A) require excessive bail, impose excessive fines, or inflict cruel and unusual punishments; (B) except as provided in subparagraph (C), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 1 year or a fine of $5,000, or both; (C) subject to subsection (b), impose for conviction of any 1 offense any penalty or punishment greater than imprisonment for a term of 3 years or a fine of $15,000, or both; or (D) impose on a person in a criminal proceeding a total penalty or punishment greater than imprisonment for a term o

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2801 — Definitions

For purposes of this chapter— (1) The term “Branch of Criminal Investigations” means the entity the Secretary is required to establish within the Office of Justice Services under [section 2802(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2802/d/1&num=0&edition=prelim). (2) The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior. (3) The term “employee of the Bureau” includes an officer of the Bureau. (4) The term “enforcement of a law” includes the prevention, detection, and investigation of an offense and the detention or confinement of an offender. (5) The term “Indian country” has the meaning given that term in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim). (6) The term “Indian tribe” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1301&num=0&edition=prelim). (7) The term “offense” means an offense against the United States and includes a violation of a Federal regulation relating to part or all of Indian country. (8) The term “Secretary” means the Secretary of the Interior. (10) 11 So in original. There is no par. (9). The term “tribal justice official” means— (A) a tribal prosecutor; (B) a tribal law enforcement officer; or (C) any other person responsible for investigating or prosecuting an alleged criminal offense in tribal court.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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) 11 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 ter

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 6851 — Civil action relating to disclosure of intimate images

**(a) Definitions** In this section: (1) **Commercial pornographic content** — The term “commercial pornographic content” means any material that is subject to the record keeping requirements under [section 2257 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2257&num=0&edition=prelim). (2) **Consent** — The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion. (3) **Depicted individual** — The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction. (4) **Disclose** — The term “disclose” means to transfer, publish, distribute, or make accessible. (5) **Intimate visual depiction** — The term “intimate visual depiction”— (A) means a visual depiction, as that term is defined in [section 2256(5) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256/5&num=0&edition=prelim), that depicts— (i) the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or (ii) the display or transfer of bodily sexual fluids— (I) on to any part of the body of an identifiable individual; (II) from the body of an identifiable individual; or (III) an identifiable individual engaging in sexually explicit conduct and 11 So in original. (B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual wa

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1302a — Bureau of Prisons tribal prisoner pro-

Page 212 TITLE 25—INDIANS § 1302a 1 See References in Text note below. (2) at the expense of the tribal government, provide an indigent defendant the assistance of a defense attorney licensed to practice law by any jurisdiction in the United States that applies appropriate professional licensing standards and effectively ensures the com- petence and professional responsibility of its licensed attorneys; (3) require that the judge presiding over the criminal proceeding— (A) has sufficient legal training to preside over criminal proceedings; and (B) is licensed to practice law by any juris- diction in the United States; (4) prior to charging the defendant, make publicly available the criminal laws (including regulations and interpretative documents), rules of evidence, and rules of criminal proce- dure (including rules governing the recusal of judges in appropriate circumstances) of the tribal government; and (5) maintain a record of the criminal pro- ceeding, including an audio or other recording of the trial proceeding. (d) Sentences In the case of a defendant sentenced in accord- ance with subsections (b) and (c), a tribal court may require the defendant— (1) to serve the sentence— (A) in a tribal correctional center that has been approved by the Bureau of Indian Af- fairs for long-term incarceration, in accord- ance with guidelines to be developed by the Bureau of Indian Affairs (in consultation with Indian tribes) not later than 180 days after July 29, 2010; (B) in the nearest appropriate Federal fa- cility, at the expense of the United States pursuant to the Bureau of Prisons tribal prisoner pilot program described in section 304(c) 1 of the Tribal Law and Order Act of 2010; (C) in a State or local government-ap- proved detention o

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