18 U.S.C. § 3597

Use of State facilities

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(a)In General.—A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an official employs for the purpose, and shall pay the costs thereof in an amount approved by the Attorney General.(b)Excuse of an Employee on Moral or Religious Grounds.—No employee of any State department of corrections, the United States Department of Justice, the Federal Bureau of Prisons, or the United States Marshals Service, and no employee providing services to that department, bureau, or service under contract shall be required, as a condition of that employment or contractual obligation, to be in attendance at or to participate in any prosecution or execution under this section if such participation is contrary to the moral or religious convictions of the employee. In this subsection, “participation in executions” includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.(Added Pub. L. 103–322, title VI, § 60002(a), Sept. 13, 1994, 108 Stat. 1968.)

Notes of Decisions

Cited in 6 cases, 2000–2020 · leading case: In re: FBOP Execution Protocol Cases

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In re: FBOP Execution Protocol Cases (2020) cadc · cites it 3× “Compare 18 U.S.C. § 3597 (a) (“A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an official…”

Roane v. Holder (2009) dcd · cites it 6× “The defendants’ motion to dismiss all official capacity claims against defendant Thomas Webster, M.”

United States v. Sampson (2004) mad “18 U.S.C. § 3597 (a) provides that: A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an…”

United States v. Hammer (2000) pamd “In addition, 18 U.S.C. § 3597 would, (sic) be modified to provide for the use of Federal Facilities in carrying out Federal executions.”

Roane v. Gonzales (2009) dcd · cites it 2× “18 U.S.C. § 3597 (b). In addition, under 28 C.”

United States v. Madison (2018) flmd “18 U.S.C. § 3597 (emphasis added). The Implementation and Use Provisions, Defendant submits, conscript state officials and state facilities to conduct federal executions in violation of the Tenth Amendment's anticommandeering principle.”

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