18 U.S.C. § 3622 — Temporary release of a prisoner

Page 847 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3622 18, United States Code, as added by section 101(a) of this Act). ‘‘(3) Whether the Bureau of Prisons is offering the type, amount, and intensity of recidivism reduction programs and productive activities for prisoners to earn the maximum amount of time credits for which they are eligible. ‘‘(4) Whether the Attorney General is carrying out the duties under section 3631(b) of title 18, United States Code, as added by section 101(a) of this Act. ‘‘(5) Whether officers and employees of the Bureau of Prisons are receiving the training described in sec- tion 3632(f) of title 18, United States Code, as added by section 101(a) of this Act. ‘‘(6) Whether the Bureau of Prisons offers work as- signments to all prisoners who might benefit from such an assignment. ‘‘(7) Whether the Bureau of Prisons transfers pris- oners to prerelease custody or supervised release as soon as they are eligible for such a transfer under section 3624(g) of title 18, United States Code, as added by section 102(b) of this Act. ‘‘(8) The rates of recidivism among similarly classi- fied prisoners to identify any unwarranted dispari- ties, including disparities among similarly classified prisoners of different demographic groups, in such rates.’’ FAITH-BASED CONSIDERATIONS Pub. L. 115–391, title I, § 106, Dec. 21, 2018, 132 Stat. 5214, provided that: ‘‘(a) IN GENERAL.—In considering any program, treat- ment, regimen, group, company, charity, person, or en- tity of any kind under any provision of this Act [see Tables for classification], or the amendments made by this Act, the fact that it may be or is faith-based may not be a basis for any discrimination against it in any manner or for any purpose. ‘‘(b) ELIGIBILITY FOR EARNED TIME CREDIT.—Partici- pation in a faith-based program, treatment, or regimen may qualify a prisoner for earned time credit under subchapter D of chapter 229 of title 18, United States Code, as added by section 101(a) of this Act, however, the Director of the Bureau of Prisons shall ensure that non-faith-based programs that qualify for earned time credit are offered at each Bureau of Prisons facility in addition to any such faith-based programs. ‘‘(c) LIMITATION ON ACTIVITIES.—A group, company, charity, person, or entity may not engage in explicitly religious activities using direct financial assistance made available under this title [enacting subchapter D of this chapter, amending this section and section 3624 of this title, and enacting provisions set out as notes under this section and sections 3624 and 3631 of this title] or the amendments made by this title. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this Act, or the amendments made by this Act, may be construed to amend any requirement under Federal law or the Con- stitution of the United States regarding funding for faith-based programs or activities.’’ EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN ABUSE Pub. L. 115–391, title VI, § 607, Dec. 21, 2018, 132 Stat. 5244, provided that: ‘‘(a) REPORT ON EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN ABUSE.—Not later than 90 days after the date of enactment of this Act [Dec. 21, 2018], the Di- rector of the Bureau of Prisons shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Rep- resentatives a report assessing the availability of and the capacity of the Bureau of Prisons to treat heroin and opioid abuse through evidence-based programs, in- cluding medication-assisted treatment where appro- priate. In preparing the report, the Director shall con- sider medication-assisted treatment as a strategy to assist in treatment where appropriate and not as a re- placement for holistic and other drug-free approaches. The report shall include a description of plans to ex- pand access to evidence-based treatment for heroin and opioid abuse for prisoners, including access to medica- tion-assisted treatment in appropriate cases. Following submission, the Director shall take steps to implement these plans. ‘‘(b) REPORT ON THE AVAILABILITY OF MEDICATION-AS- SISTED TREATMENT FOR OPIOID AND HEROIN ABUSE, AND IMPLEMENTATION THEREOF.—Not later than 120 days after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and capacity for the provision of medi- cation-assisted treatment for opioid and heroin abuse by treatment service providers serving prisoners who are serving a term of supervised release, and including a description of plans to expand access to medication- assisted treatment for heroin and opioid abuse when- ever appropriate among prisoners under supervised re- lease. Following submission, the Director will take steps to implement these plans.’’ § 3622. Temporary release of a prisoner The Bureau of Prisons may release a prisoner from the place of his imprisonment for a limited period if such release appears to be consistent with the purpose for which the sentence was im- posed and any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2), if such release otherwise appears to be consistent with the public interest and if there is reasonable cause to believe that a pris- oner will honor the trust to be imposed in him, by authorizing him, under prescribed conditions, to— (a) visit a designated place for a period not to exceed thirty days, and then return to the same or another facility, for the purpose of— (1) visiting a relative who is dying; (2) attending a funeral of a relative; (3) obtaining medical treatment not other- wise available; (4) contacting a prospective employer; (5) establishing or reestablishing family or community ties; or (6) engaging in any other significant activ- ity consistent with the public interest; (b) participate in a training or educational program in the community while continuing in official detention at the prison facility; or (c) work at paid employment in the commu- nity while continuing in official detention at the penal or correctional facility if— (1) the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community; and (2) the prisoner agrees to pay to the Bu- reau such costs incident to official detention as the Bureau finds appropriate and reason- able under all the circumstances, such costs to be collected by the Bureau and deposited in the Treasury to the credit of the appro- priation available for such costs at the time such collections are made. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2007.) Page 848 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3623 Editorial Notes PRIOR PROVISIONS For a prior section 3622, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. Executive Documents EX. ORD. NO. 11755. PRISON LABOR Ex. Ord. No. 11755, Dec. 29, 1973, 39 F.R. 779, as amend- ed by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12943, Dec. 13, 1994, 59 F.R. 64553, provided: The development of the occupational and educational skills of prison inmates is essential to their rehabilita- tion and to their ability to make an effective return to free society. Meaningful employment serves to develop those skills. It is also true, however, that care must be exercised to avoid either the exploitation of convict labor or any unfair competition between convict labor and free labor in the production of goods and services. Under sections 3621 and 3622 of title 18, United States Code, the Bureau of Prisons is empowered to authorize Federal prisoners to work at paid employment in the community during their terms of imprisonment under conditions that protect against both the exploitation of convict labor and unfair competition with free labor. Several states and other jurisdictions have similar laws or regulations under which individuals confined for violations of the laws of those places may be au- thorized to work at paid employment in the commu- nity. Executive Order No. 325A, which was originally issued by President Theodore Roosevelt in 1905, prohibits the employment, in the performance of Federal contracts, of any person who is serving a sentence of imprison- ment at hard labor imposed by a court of a State, terri- tory, or municipality. I have now determined that Executive Order No. 325A should be replaced with a new Executive Order which would permit the employment of non-Federal prison in- mates in the performance of Federal contracts under terms and conditions that are comparable to those now applicable to inmates of Federal prisons. NOW, THEREFORE, pursuant to the authority vested in me as President of the United States, it is hereby or- dered as follows: SECTION 1. (a) All contracts involving the use of ap- propriated funds which shall hereafter be entered into by any department or agency of the executive branch for performance in any State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands shall, unless otherwise provided by law, contain a stipulation forbidding in the performance of such contracts, the employment of persons undergoing sentences of imprisonment which have been imposed by any court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. This limitation, however, shall not pro- hibit the employment by a contractor in the perform- ance of such contracts of persons on parole or proba- tion to work at paid employment during the term of their sentence or persons who have been pardoned or who have served their terms. Nor shall it prohibit the employment by a contractor in the performance of such contracts of persons confined for violation of the laws of any of the States, the District of Columbia, the Com- monwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if (1)(A) The worker is paid or is in an approved work training program on a voluntary basis; (B) Representatives of local union central bodies or similar labor union organizations have been consulted; (C) Such paid employment will not result in the dis- placement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing con- tracts for services; and (D) The rates of pay and other conditions of employ- ment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and (2) The Attorney General has certified that the work- release laws or regulations of the jurisdiction involved are in conformity with the requirements of this order. (b) After notice and opportunity for hearing, the At- torney General shall revoke any such certification under section 1(a)(2) if he finds that the work-release program of the jurisdiction involved is not being con- ducted in conformity with the requirements of this order or with its intent or purposes. (c) The provisions of this order do not apply to pur- chases made under the micropurchase authority con- tained in section 32 of the Office of Federal Procure- ment Policy Act, as amended [now 41 U.S.C. 1902]. SEC. 2. The Federal Procurement Regulations, the Armed Services Procurement Regulations, and to the extent necessary, any supplemental or comparable reg- ulations issued by any agency of the executive branch shall be revised to reflect the policy prescribed by this order. SEC. 3. Executive Order No. 325A is hereby superseded. SEC. 4. This order shall be effective as of January 1, 1974. § 3623. Transfer of a prisoner to State authority The Director of the Bureau of Prisons shall order that a prisoner who has been charged in an indictment or information with, or convicted of, a State felony, be transferred to an official de- tention facility within such State prior to his release from a Federal prison facility if— (1) the transfer has been requested by the Governor or other executive authority of the State; (2) the State has presented to the Director a certified copy of the indictment, information, or judgment of conviction; and (3) the Director finds that the transfer would be in the public interest. If more than one request is presented with re- spect to a prisoner, the Director shall determine which request should receive preference. The ex- penses of such transfer shall be borne by the State requesting the transfer. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2008.) Editorial Notes PRIOR PROVISIONS For a prior section 3623, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec-