18 U.S.C. § 4051 — Treatment of primary caretaker parents

Page 903 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4051 to this section, the officer or employee shall complete a training course before being issued such spray, and annually thereafter, on the use of oleoresin capsicum spray. (2) TRANSFERABILITY OF TRAINING.—An offi- cer or employee of the Bureau of Prisons who completes a training course pursuant to para- graph (1) and subsequently transfers to em- ployment at a different prison, shall not be re- quired to complete an additional training course solely due such transfer. (3) TRAINING CONDUCTED DURING REGULAR EM- PLOYMENT.—An officer or employee of the Bu- reau of Prisons who completes a training course required under paragraph (1) shall do so during the course of that officer or employee’s regular employment, and shall be com- pensated at the same rate that the officer or employee would be compensated for con- ducting the officer or employee’s regular du- ties. (c) USE OF OLEORESIN CAPSICUM SPRAY.—Offi- cers and employees of the Bureau of Prisons issued oleoresin capsicum spray pursuant to subsection (a) may use such spray to reduce acts of violence— (1) committed by prisoners against them- selves, other prisoners, prison visitors, and of- ficers and employees of the Bureau of Prisons; and (2) committed by prison visitors against themselves, prisoners, other visitors, and offi- cers and employees of the Bureau of Prisons. (Added Pub. L. 114–133, § 2(a), Mar. 9, 2016, 130 Stat. 296.) § 4050. Secure firearms storage (a) DEFINITIONS.—In this section— (1) the term ‘‘employee’’ means a qualified law enforcement officer employed by the Bu- reau of Prisons; and (2) the terms ‘‘firearm’’ and ‘‘qualified law enforcement officer’’ have the meanings given those terms under section 926B. (b) SECURE FIREARMS STORAGE.—The Director of the Bureau of Prisons shall ensure that each chief executive officer of a Federal penal or cor- rectional institution— (1)(A) provides a secure storage area located outside of the secure perimeter of the institu- tion for employees to store firearms; or (B) allows employees to store firearms in a vehicle lockbox approved by the Director of the Bureau of Prisons; and (2) notwithstanding any other provision of law, allows employees to carry concealed fire- arms on the premises outside of the secure pe- rimeter of the institution. (Added Pub. L. 115–391, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5216.) § 4051. Treatment of primary caretaker parents and other individuals (a) DEFINITIONS.—In this section— (1) the term ‘‘correctional officer’’ means a correctional officer of the Bureau of Prisons; (2) the term ‘‘covered institution’’ means a Federal penal or correctional institution; (3) the term ‘‘Director’’ means the Director of the Bureau of Prisons; (4) the term ‘‘post-partum recovery’’ means the first 12-week period of post-partum recov- ery after giving birth; (5) the term ‘‘primary caretaker parent’’ has the meaning given the term in section 31903 of the Family Unity Demonstration Project Act (34 U.S.C. 12242); (6) the term ‘‘prisoner’’ means an individual who is incarcerated in a Federal penal or cor- rectional institution, including a vulnerable person; and (7) the term ‘‘vulnerable person’’ means an individual who— (A) is under 21 years of age or over 60 years of age; (B) is pregnant; (C) is victim or witness of a crime; (D) has filed a nonfrivolous civil rights claim in Federal or State court; or (E) during the period of incarceration, has been determined to have experienced or to be experiencing severe trauma or to be the victim of gender-based violence— (i) by any court or administrative judi- cial proceeding; (ii) by any corrections official; (iii) by the individual’s attorney or legal service provider; or (iv) by the individual. (b) GEOGRAPHIC PLACEMENT.— (1) ESTABLISHMENT OF OFFICE.—The Director shall establish within the Bureau of Prisons an office that determines the placement of pris- oners. (2) PLACEMENT OF PRISONERS.—In deter- mining the placement of a prisoner, the office established under paragraph (1) shall— (A) if the prisoner has children, consider placing the prisoner as close to the children as possible; and (B) consider any other factor that the of- fice determines to be appropriate. (c) PROHIBITION ON PLACEMENT OF PREGNANT PRISONERS OR PRISONERS IN POST-PARTUM RECOV- ERY IN SEGREGATED HOUSING UNITS.— (1) PLACEMENT IN SEGREGATED HOUSING UNITS.—A covered institution may not place a prisoner who is pregnant or in post-partum re- covery in a segregated housing unit unless the prisoner presents an immediate risk of harm to the prisoner or others. (2) RESTRICTIONS.—Any placement of a pris- oner described in paragraph (1) in a segregated housing unit shall be limited and temporary. (d) INTAKE AND ASSESSMENTS.—The Director shall assess the need for family-focused pro- gramming at intake, such as questions about children, gauge interest in parenting resources, and concerns about their child or caregiving, and administer ongoing assessment to better in- form, identify, and make recommendations about the mother’s parental role and familial needs. (e) PARENTING CLASSES.—The Director shall provide voluntary parenting classes to each pris- oner who is a primary caretaker parent, and such classes shall be made available to prisoners with limited English proficiency in compliance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). Page 904 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4081 (f) TRAUMA SCREENING.—The Director shall provide training, including cultural competency training, to each correctional officer and each employee of the Bureau of Prisons who regularly interacts with prisoners, including each instruc- tor and health care professional, to enable those correctional officers and employees to— (1) identify a prisoner who may have a men- tal or physical health need relating to trauma the prisoner has experienced; and (2) refer a prisoner described in paragraph (1) to the proper health care professional for diag- nosis and treatment. (g) FAMILY NEEDS TRAINING.—The Director shall provide training to correctional officers and employees of the Bureau of Prisons who en- gage with prisoners’ families on— (1) how to interact with children in an age- appropriate manner, and the children’s care- givers; (2) basic childhood and adolescent develop- ment information; and (3) basic customer service skills. (h) INMATE HEALTH.— (1) HEALTH CARE ACCESS.—The Director shall ensure that all prisoners receive adequate health care. (2) HYGIENIC PRODUCTS.—The Director shall make essential hygienic products, including shampoo, toothpaste, toothbrushes, and any other hygienic product that the Director de- termines appropriate, available without charge to prisoners. The Director shall make rules— (A) on the distribution and accessibility of sanitary products to prisoners, to ensure each prisoner who requires these products receives a quantity the prisoner deems suffi- cient; and (B) providing that no visitor is prohibited from visiting a prisoner due to the visitor’s use of sanitary products. (3) GYNECOLOGIST ACCESS.—The Director shall ensure that all prisoners have access to a gynecologist as appropriate. (4) RELATION TO OTHER LAWS.—Nothing in paragraph (1) shall be construed to affect the requirements under the Prison Rape Elimi- nation Act of 2003 (34 U.S.C. 30301 et seq.). (Added Pub. L. 117–103, div. W, title X, § 1001(b), Mar. 15, 2022, 136 Stat. 912.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (e), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. The Prison Rape Elimination Act of 2003, referred to in subsec. (h)(4), is Pub. L. 108–79, Sept. 4, 2003, 117 Stat. 972, which is classified generally to chapter 303 (§ 30301 et seq.) of Title 34, Crime Control and Law Enforce- ment. For complete classification of this Act to the Code, see Short Title of 2003 Act note set out under sec- tion 10101 of Title 34 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade. IMPLEMENTATION DATE Section, as enacted by Pub. L. 117–103, to be imple- mented no later than 2 years after Mar. 15, 2022, with interim progress report required, see section 1001(d) of Pub. L. 117–103, set out as an Implementation Date of 2022 Amendment note under section 3621 of this title. CHAPTER 305—COMMITMENT AND TRANSFER Sec. 4081. Classification and treatment of prisoners. 4082. Commitment to Attorney General; residen- tial treatment centers; extension of limits of confinement; work furlough. 4083. Penitentiary imprisonment; consent. 4084. Repealed. 4085. Repealed. 4086. Temporary safe-keeping of federal offenders by marshals. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, title VI, § 601(f)(14), Oct. 11, 1996, 110 Stat. 3500, substituted ‘‘centers;’’ for ‘‘centers,’’ in item 4082. 1984—Pub. L. 98–473, title II, § 218(e), Oct. 12, 1984, 98 Stat. 2027, substituted ‘‘Repealed’’ for ‘‘Copy of com- mitment delivered with prisoner’’ in item 4084, and ‘‘Repealed’’ for ‘‘Transfer for state offense; expense’’ in item 4085. 1965—Pub. L. 89–176, § 2, Sept. 10, 1965, 79 Stat. 675, substituted ‘‘residential treatment centers, extension of limits of confinement; work furlough’’ for ‘‘transfer’’ in item 4082. § 4081. Classification and treatment of prisoners The Federal penal and correctional institu- tions shall be so planned and limited in size as to facilitate the development of an integrated system which will assure the proper classifica- tion and segregation of Federal prisoners ac- cording to the nature of the offenses committed, the character and mental condition of the pris- oners, and such other factors as should be con- sidered in providing an individualized system of discipline, care, and treatment of the persons committed to such institutions. (June 25, 1948, ch. 645, 62 Stat. 850.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 907 (May 27, 1930, ch. 339, § 7, 46 Stat. 390). Language of section is so changed as to make one pol- icy for all institutions, thus clarifying the manifest in- tent of Congress. Minor changes were made in phraseology. § 4082. Commitment to Attorney General; resi- dential treatment centers; extension of limits of confinement; work furlough (a) The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed to an in- stitution or facility designated by the Attorney General, shall be deemed an escape from the cus-