18 U.S.C. § 4048 — Fees for health care services for prisoners

Page 901 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4048 mine, not to exceed 6 months, an inmate in the shock incarceration program shall be required to— (1) adhere to a highly regimented schedule that provides the strict discipline, physical training, hard labor, drill, and ceremony char- acteristic of military basic training; and (2) participate in appropriate job training and educational programs (including literacy programs) and drug, alcohol, and other coun- seling programs. (c) An inmate who in the judgment of the Di- rector of the Bureau of Prisons has successfully completed the required period of shock incarcer- ation shall remain in the custody of the Bureau for such period (not to exceed the remainder of the prison term otherwise required by law to be served by that inmate), and under such condi- tions, as the Bureau deems appropriate. (Added Pub. L. 101–647, title XXX, § 3001(a), Nov. 29, 1990, 104 Stat. 4915.) Statutory Notes and Related Subsidiaries AUTHORIZATION OF APPROPRIATIONS Pub. L. 101–647, title XXX, § 3002, Nov. 29, 1990, 104 Stat. 4915, provided that: ‘‘There are authorized to be appropriated for fiscal year 1990 and each fiscal year thereafter such sums as may be necessary to carry out the shock incarceration program established under the amendments made by this Act [see Tables for classi- fication]’’. § 4047. Prison impact assessments (a) Any submission of legislation by the Judi- cial or Executive branch which could increase or decrease the number of persons incarcerated in Federal penal institutions shall be accompanied by a prison impact statement (as defined in sub- section (b)). (b) The Attorney General shall, in consulta- tion with the Sentencing Commission and the Administrative Office of the United States Courts, prepare and furnish prison impact as- sessments under subsection (c) of this section, and in response to requests from Congress for in- formation relating to a pending measure or mat- ter that might affect the number of defendants processed through the Federal criminal justice system. A prison impact assessment on pending legislation must be supplied within 21 days of any request. A prison impact assessment shall include— (1) projections of the impact on prison, pro- bation, and post prison supervision popu- lations; (2) an estimate of the fiscal impact of such population changes on Federal expenditures, including those for construction and operation of correctional facilities for the current fiscal year and 5 succeeding fiscal years; (3) an analysis of any other significant fac- tor affecting the cost of the measure and its impact on the operations of components of the criminal justice system; and (4) a statement of the methodologies and as- sumptions utilized in preparing the assess- ment. (c) The Attorney General shall prepare and transmit to the Congress, by March 1 of each year, a prison impact assessment reflecting the cumulative effect of all relevant changes in the law taking effect during the preceding calendar year. (Added Pub. L. 103–322, title II, § 20402(a), Sept. 13, 1994, 108 Stat. 1824.) § 4048. Fees for health care services for prisoners (a) DEFINITIONS.—In this section— (1) the term ‘‘account’’ means the trust fund account (or institutional equivalent) of a pris- oner; (2) the term ‘‘Director’’ means the Director of the Bureau of Prisons; (3) the term ‘‘health care provider’’ means any person who is— (A) authorized by the Director to provide health care services; and (B) operating within the scope of such au- thorization; (4) the term ‘‘health care visit’’— (A) means a visit, as determined by the Di- rector, by a prisoner to an institutional or noninstitutional health care provider; and (B) does not include a visit initiated by a prisoner— (i) pursuant to a staff referral; or (ii) to obtain staff-approved follow-up treatment for a chronic condition; and (5) the term ‘‘prisoner’’ means— (A) any individual who is incarcerated in an institution under the jurisdiction of the Bureau of Prisons; or (B) any other individual, as designated by the Director, who has been charged with or convicted of an offense against the United States. (b) FEES FOR HEALTH CARE SERVICES.— (1) IN GENERAL.—The Director, in accordance with this section and with such regulations as the Director shall promulgate to carry out this section, may assess and collect a fee for health care services provided in connection with each health care visit requested by a prisoner. (2) EXCLUSION.—The Director may not assess or collect a fee under this section for prevent- ative health care services, emergency services, prenatal care, diagnosis or treatment of chronic infectious diseases, mental health care, or substance abuse treatment, as deter- mined by the Director. (c) PERSONS SUBJECT TO FEE.—Each fee as- sessed under this section shall be collected by the Director from the account of— (1) the prisoner receiving health care serv- ices in connection with a health care visit de- scribed in subsection (b)(1); or (2) in the case of health care services pro- vided in connection with a health care visit described in subsection (b)(1) that results from an injury inflicted on a prisoner by another prisoner, the prisoner who inflicted the injury, as determined by the Director. (d) AMOUNT OF FEE.—Any fee assessed and col- lected under this section shall be in an amount of not less than $1. (e) NO CONSENT REQUIRED.—Notwithstanding any other provision of law, the consent of a pris- Page 902 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4049 1 See References in Text note below. oner shall not be required for the collection of a fee from the account of the prisoner under this section. However, each such prisoner shall be given a reasonable opportunity to dispute the amount of the fee or whether the prisoner quali- fies under an exclusion under this section. (f) NO REFUSAL OF TREATMENT FOR FINANCIAL REASONS.—Nothing in this section may be con- strued to permit any refusal of treatment to a prisoner on the basis that— (1) the account of the prisoner is insolvent; or (2) the prisoner is otherwise unable to pay a fee assessed under this section. (g) USE OF AMOUNTS.— (1) RESTITUTION OF SPECIFIC VICTIMS.— Amounts collected by the Director under this section from a prisoner subject to an order of restitution issued pursuant to section 3663 or 3663A shall be paid to victims in accordance with the order of restitution. (2) ALLOCATION OF OTHER AMOUNTS.—Of amounts collected by the Director under this section from prisoners not subject to an order of restitution issued pursuant to section 3663 or 3663A— (A) 75 percent shall be deposited in the Crime Victims Fund established under sec- tion 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601); 1 and (B) 25 percent shall be available to the At- torney General for administrative expenses incurred in carrying out this section. (h) NOTICE TO PRISONERS OF LAW.—Each person who is or becomes a prisoner shall be provided with written and oral notices of the provisions of this section and the applicability of this sec- tion to the prisoner. Notwithstanding any other provision of this section, a fee under this section may not be assessed against, or collected from, such person— (1) until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with such no- tices; and (2) for services provided before the expira- tion of such period. (i) NOTICE TO PRISONERS OF REGULATIONS.—The regulations promulgated by the Director under subsection (b)(1), and any amendments to those regulations, shall not take effect until the expi- ration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with written and oral notices of the provisions of those regulations (or amendments, as the case may be). A fee under this section may not be assessed against, or collected from, a prisoner pursuant to such regulations (or amendments, as the case may be) for services provided before the expiration of such period. (j) NOTICE BEFORE PUBLIC COMMENT PERIOD.— Before the beginning of any period a proposed regulation under this section is open to public comment, the Director shall provide written and oral notice of the provisions of that proposed regulation to groups that advocate on behalf of Federal prisoners and to each prisoner subject to such proposed regulation. (k) REPORTS TO CONGRESS.—Not later than 1 year after the date of the enactment of the Fed- eral Prisoner Health Care Copayment Act of 2000, and annually thereafter, the Director shall transmit to Congress a report, which shall in- clude— (1) a description of the amounts collected under this section during the preceding 12- month period; (2) an analysis of the effects of the imple- mentation of this section, if any, on the na- ture and extent of heath care visits by pris- oners; (3) an itemization of the cost of imple- menting and administering the program; (4) a description of current inmate health status indicators as compared to the year prior to enactment; and (5) a description of the quality of health care services provided to inmates during the pre- ceding 12-month period, as compared with the quality of those services provided during the 12-month period ending on the date of the en- actment of such Act. (l) COMPREHENSIVE HIV/AIDS SERVICES RE- QUIRED.—The Bureau of Prisons shall provide comprehensive coverage for services relating to human immunodeficiency virus (HIV) and ac- quired immune deficiency syndrome (AIDS) to each Federal prisoner in the custody of the Bu- reau of Prisons when medically appropriate. The Bureau of Prisons may not assess or collect a fee under this section for providing such coverage. (Added Pub. L. 106–294, § 2(a), Oct. 12, 2000, 114 Stat. 1038.) Editorial Notes REFERENCES IN TEXT Section 1402 of the Victims of Crime Act of 1984, re- ferred to in subsec. (g)(2)(A), is section 1402 of chapter XIV of title II of Pub. L. 98–473, which was classified to section 10601 of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20101 of Title 34, Crime Control and Law Enforcement. The date of the enactment of the Federal Prisoner Health Care Copayment Act of 2000, referred to in sub- sec. (k), is the date of enactment of Pub. L. 106–294, which was approved Oct. 12, 2000. § 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin cap- sicum spray (a) IN GENERAL.—The Director of the Bureau of Prisons shall issue, on a routine basis, oleo- resin capsicum spray to— (1) any officer or employee of the Bureau of Prisons who— (A) is employed in a prison that is not a minimum or low security prison; and (B) may respond to an emergency situa- tion in such a prison; and (2) to such additional officers and employees of prisons as the Director determines appro- priate, in accordance with this section. (b) TRAINING REQUIREMENT.— (1) IN GENERAL.—In order for an officer or employee of the Bureau of Prisons, including a correctional officer, to be eligible to receive and carry oleoresin capsicum spray pursuant