18 U.S.C. § 4082 — Commitment to Attorney General; resi-

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- Page 905 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4082 tody of the Attorney General punishable as pro- vided in chapter 35 of this title. (b)(1) The Attorney General shall, upon the re- quest of the head of any law enforcement agency of a State or of a unit of local government in a State, make available as expeditiously as pos- sible to such agency, with respect to prisoners who have been convicted of felony offenses against the United States and who are confined at a facility which is a residential community treatment center located in the geographical area in which such agency has jurisdiction, the following information maintained by the Bureau of Prisons (to the extent that the Bureau of Prisons maintains such information)— (A) the names of such prisoners; (B) the community treatment center ad- dresses of such prisoners; (C) the dates of birth of such prisoners; (D) the Federal Bureau of Investigation numbers assigned to such prisoners; (E) photographs and fingerprints of such prisoners; and (F) the nature of the offenses against the United States of which each such prisoner has been convicted and the factual circumstances relating to such offenses. (2) Any law enforcement agency which re- ceives information under this subsection shall not disseminate such information outside of such agency. (c) As used in this section— the term ‘‘facility’’ shall include a residen- tial community treatment center; and the term ‘‘relative’’ shall mean a spouse, child (including stepchild, adopted child or child as to whom the prisoner, though not a natural parent, has acted in the place of a par- ent), parent (including a person who, though not a natural parent, has acted in the place of a parent), brother, or sister. (June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 89–176, § 1, Sept. 10, 1965, 79 Stat. 674; Pub. L. 93–209, Dec. 28, 1973, 87 Stat. 907; Pub. L. 98–473, title II, § 218(a), Oct. 12, 1984, 98 Stat. 2027; Pub. L. 99–646, § 57(a), Nov. 10, 1986, 100 Stat. 3611.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 753f (May 14, 1930, ch. 274, § 7, 46 Stat. 326; June 14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55 Stat. 743). Words ‘‘by the juvenile court of the District of Co- lumbia, as well as to those committed by any court of the United States,’’ at end of section were omitted as unnecessary, and word ‘‘all’’ inserted before ‘‘persons’’, without change of meaning. Provision against penitentiary imprisonment for a term of 1 year or less without consent of defendant was incorporated in section 4083 of this title. The phrase ‘‘if in his judgment it shall be for the well-being of the prisoner or relieve overcrowded or unhealthful conditions in the institution where such person is confined or for other reasons’’, was omitted as unnecessary. Changes were made in phraseology. This section supersedes section 705 of title 18, U.S.C., 1940 ed., providing for execution of sentences in houses of correction or reformation; and section 748 of title 18, U.S.C., 1940 ed., providing for confinement of prisoners in United States Disciplinary Barracks. Editorial Notes AMENDMENTS 1986—Subsecs. (f), (g). Pub. L. 99–646 added subsec. (f) and redesignated former subsec. (f) as (g). 1984—Pub. L. 98–473 struck out subsecs. (a) to (c) and (e) and redesignated subsecs. (d), (f), and (g) as (a), (b), and (c), respectively. Prior to amendment subsecs. (a) to (c) and (e) read as follows: ‘‘(a) A person convicted of an offense against the United States shall be committed, for such term of im- prisonment as the court may direct, to the custody of the Attorney General of the United States, who shall designate the place of confinement where the sentence shall be served. ‘‘(b) The Attorney General may designate as a place of confinement any available, suitable, and appropriate institution or facility, whether maintained by the Fed- eral Government or otherwise, and whether within or without the judicial district in which the person was convicted, and may at any time transfer a person from one place of confinement to another. ‘‘(c) The Attorney General may extend the limits of the place of confinement of a prisoner as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to— ‘‘(1) visit a specifically designated place or places for a period not to exceed thirty days and return to the same or another institution or facility. An exten- sion of limits may be granted to permit a visit to a dying relative, attendance at the funeral of a rel- ative, the obtaining of medical services not otherwise available, the contacting of prospective employers, the establishment or reestablishment of family and community ties or for any other significant reason consistent with the public interest; or ‘‘(2) work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner of the institution or facility to which he is committed, provided that— ‘‘(i) representatives of local union central bodies or similar labor union organizations are consulted; ‘‘(ii) such paid employment will not result in the displacement 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 contracts for services; and ‘‘(iii) the rates of pay and other conditions of em- ployment will not be less than those paid or pro- vided for work of similar nature in the locality in which the work is to be performed. A prisoner authorized to work at paid employment in the community under this subsection may be re- quired to pay, and the Attorney General is authorized to collect, such costs incident to the prisoner’s con- finement as the Attorney General deems appropriate and reasonable. Collections shall be deposited in the Treasury of the United States as miscellaneous re- ceipts. ‘‘(e) The authority conferred upon the Attorney Gen- eral by this section shall extend to all persons com- mitted to the National Training School for Boys.’’ 1973—Subsec. (c)(1). Pub. L. 93–209 provided for exten- sion of limits to permit establishment or reestablish- ment of family and community ties and struck out ‘‘only’’ after ‘‘may be granted’’. 1965—Subsec. (a). Pub. L. 89–176 designated as subsec. (a) first unnumbered par. and struck out ‘‘or his au- thorized representative’’ after ‘‘Attorney General of the United States’’. Subsec. (b). Pub. L. 89–176 designated as subsec. (b) second and third unnumbered par., inserted ‘‘or facil- ity’’ after ‘‘appropriate institution’’, substituted ‘‘may at any time transfer a person from one place of confine- ment to another’’ for ‘‘may order any inmate trans- ferred from one institution to another’’, and made minor changes in language. Subsecs. (c), (d). Pub. L. 89–176 added subsecs. (c) and (d). Subsec. (e). Pub. L. 89–176 designated as subsec. (e) fourth and last unnumbered pars. Page 906 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4083 Subsec. (f). Pub. L. 89–176 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 4083. Penitentiary imprisonment; consent Persons convicted of offenses against the United States or by courts-martial punishable by imprisonment for more than one year may be confined in any United States penitentiary. A sentence for an offense punishable by im- prisonment for one year or less shall not be served in a penitentiary without the consent of the defendant. (June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 86–256, Sept. 14, 1959, 73 Stat. 518.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 753f, 762 (Mar. 2, 1895, ch. 189, § 1, 28 Stat. 957; June 10, 1896, ch. 400, § 1, 29 Stat. 380; May 14, 1930, ch. 274, § 7, 46 Stat. 326; June 14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55 Stat. 743). Said section 762 was condensed and simplified and ex- tended to all penitentiaries instead of to Leavenworth only, since the section is merely declaratory of existing law. (See section 1 of this title classifying offenses and notes thereunder.) The second paragraph is derived from said section 753f of title 18, U.S.C., 1940 ed. Minor changes of phraseology were made. Editorial Notes AMENDMENTS 1959—Pub. L. 86–256 substituted ‘‘punishable by im- prisonment for’’ for ‘‘and sentenced to terms of impris- onment of’’ in first sentence. [§§ 4084, 4085. Repealed. Pub. L. 98–473, title II, § 218(a)(3), Oct. 12, 1984, 98 Stat. 2027] Section 4084, act June 25, 1948, ch. 645, 62 Stat. 850, re- lated to delivery of prisoner with copy of commitment. Section 4085, act June 25, 1948, ch. 645, 62 Stat. 850, re- lated to authority, expense, etc., respecting transfer of Federal prisoner for State offense. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such re- peal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 4086. Temporary safe-keeping of federal offend- ers by marshals United States marshals shall provide for the safe-keeping of any person arrested, or held under authority of any enactment of Congress pending commitment to an institution. (June 25, 1948, ch. 645, 62 Stat. 851.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 691, 692, (R.S. §§ 5537, 5538). Said section 691 of title 18, U.S.C., 1940 ed., is super- seded by sections 753b and 753c of title 18, U.S.C., 1940 ed., which are incorporated in sections 4002, 4003 and 4042 of this title. This section is rewritten to retain the intent of sec- tion 692 of title 18, U.S.C., 1940 ed., which was to insure a safekeeping of United States prisoners until their commitment or confinement in Federal penal institu- tions. The language conforms with that of said sections 692 and 753b. Minor changes were made in phraseology. CHAPTER 306—TRANSFER TO OR FROM FOREIGN COUNTRIES Sec. 4100. Scope and limitation of chapter. 4101. Definitions. 4102. Authority of the Attorney General. 4103. Applicability of United States laws. 4104. Transfer of offenders on probation. 4105. Transfer of offenders serving sentence of im- prisonment. 4106. Transfer of offenders on parole; parole of of- fenders transferred. 4106A. Transfer of offenders on parole; parole of of- fenders transferred. 4107. Verification of consent of offender to transfer from the United States. 4108. Verification of consent of offender to transfer to the United States. 4109. Right to counsel, appointment of counsel. 4110. Transfer of juveniles. 4111. Prosecution barred by foreign conviction. 4112. Loss of rights, disqualification. 4113. Status of alien offender transferred to a for- eign country. 4114. Return of transferred offenders. 4115. Execution of sentences imposing an obliga- tion to make restitution or reparations. Editorial Notes AMENDMENTS 1988—Pub. L. 100–690, title VII, § 7101(c), Nov. 18, 1988, 102 Stat. 4415, added item 4106A. § 4100. Scope and limitation of chapter (a) The provisions of this chapter relating to the transfer of offenders shall be applicable only when a treaty providing for such a transfer is in force, and shall only be applicable to transfers of offenders to and from a foreign country pursu- ant to such a treaty. A sentence imposed by a foreign country upon an offender who is subse- quently transferred to the United States pursu- ant to a treaty shall be subject to being fully ex- ecuted in the United States even though the treaty under which the offender was transferred is no longer in force. (b) An offender may be transferred from the United States pursuant to this chapter only to a country of which the offender is a citizen or na- tional. Only an offender who is a citizen or na- tional of the United States may be transferred to the United States. An offender may be trans- ferred to or from the United States only with the offender’s consent, and only if the offense for which the offender was sentenced satisfies the requirement of double criminality as defined in this chapter. Once an offender’s consent to transfer has been verified by a verifying officer, that consent shall be irrevocable. If at the time of transfer the offender is under eighteen years of age, or is deemed by the verifying officer to be mentally incompetent or otherwise incapable of knowingly and voluntarily consenting to the