18 U.S.C. § 5001 — Surrender to State authorities; expenses

Page 945 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 5003 1 See References in Text note below. Sec. [5002. Repealed.] 5003. Custody of State offenders. Editorial Notes AMENDMENTS 1996—Pub. L. 104–134, title I, § 101[(a)] [title VI, § 614(a)(2)], Apr. 26, 1996, 110 Stat. 1321, 1321–65; renum- bered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, struck out item 5002 ‘‘Advisory Corrections Coun- cil’’. 1952—Act May 9, 1952, ch. 253, § 2, 66 Stat. 68, added item 5003. 1950—Act Sept. 30, 1950, ch. 1115, § 5(b), 64 Stat. 1090, added item 5002. § 5001. Surrender to State authorities; expenses Whenever any person under twenty-one years of age has been arrested, charged with the com- mission 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 com- mitted 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 attor- ney 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. Before any person is conveyed from one State to another or from or to the District of Colum- bia under this section, he shall signify his will- ingness to be so returned, or there shall be pre- sented to the United States attorney a demand from the executive authority of such State or the District of Columbia, to which the prisoner is to be returned, supported by indictment or af- fidavit as prescribed by section 3182 of this title. The expense incident to the transportation of any such person, as herein authorized, shall be paid from the appropriation ‘‘Salaries, Fees, and Expenses, United States Marshals.’’ (June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 100–690, title VI, § 6467(b), Nov. 18, 1988, 102 Stat. 4376.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 662a (June 11, 1932, ch. 243, 47 Stat. 301). Language preceding ‘‘Whenever’’ was omitted as un- necessary, and ‘‘the District of Columbia’’ was inserted after ‘‘State’’. Changes were made in phraseology and surplusage eliminated. Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 inserted ‘‘, unless such surrender is precluded under section 5032 of this title’’ before pe- riod at end of first par. [§ 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] Section, added act Sept. 30, 1950, ch. 1115, § 4, 64 Stat. 1090; amended Oct. 12, 1984, Pub. L. 98–473, title II, § 223(p), 98 Stat. 2030, provided for creation of Advisory Corrections Council. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 104–134, title I, § 101[(a)] [title VI, § 614(b)], Apr. 26, 1996, 110 Stat. 1321, 1321–65, provided that: ‘‘This section [repealing this section] shall take effect 30 days after the date of the enactment of this Act [Apr. 26, 1996].’’ § 5003. Custody of State offenders (a)(1) The Director of the Bureau of Prisons when proper and adequate facilities and per- sonnel 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 of- fenses 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 con- victed of criminal offenses in the courts of the United States, to serve their sentence in ap- propriate institutions or facilities of the State or territory by designation as provided in sec- tion 4082(b) 1 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, ac- cording to formulas or conditions which may be negotiated in the contract. (3) No such contract shall provide for the re- ceipt 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 Attor- ney 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 sen- tence 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.)