For the purpose of providing suitable quarters for the safekeeping, care, and subsistence of all persons held under authority of any enactment of Congress, the Attorney General may contract, for a period not exceeding three years, with the proper authorities of any State, Territory, or political subdivision thereof, for the imprisonment, subsistence, care, and proper employment of such persons.
Such Federal prisoners shall be employed only in the manufacture of articles for, the production of supplies for, the construction of public works for, and the maintenance and care of the institutions of, the State or political subdivision in which they are imprisoned.
The rates to be paid for the care and custody of said persons shall take into consideration the character of the quarters furnished, sanitary conditions, and quality of subsistence and may be such as will permit and encourage the proper authorities to provide reasonably decent, sanitary, and healthful quarters and subsistence for such persons.
Notes of Decisions
Cited in
53
cases (
3 in the last 5 years), 1948–2025 · leading case:
Olim v. Wakinekona, 461 U.S. 238 (1983).
Olim v. Wakinekona, 461 U.S. 238 (1983).
· cites it 2× “[7] Title 18 U. S. C. § 4002 (1976 ed. and Supp. V) permits the Attorney General to contract with any State for the placement of a federal prisoner in state custody for up to three years.”
Lewis v. Downey, 581 F.3d 467 (7th Cir. 2009).
· cites it 2× “See 18 U.S.C. § 4002 (empowering the Attorney General to contract with states or their political subdivisions "for the imprisonment, subsistence, care, and proper employment” of federal prisoners).”
Howe v. Smith, 452 U.S. 473 (1981).
· cites it 4× “§ 4002 allows the Federal Government to contract with state officials for the confinement of federal prisoners, "[t]his bill would authorize a more or less reciprocal arrangement whereby, under certain conditions in a limited category of cases .”
Owens v. Haas, 601 F.2d 1242 (2d Cir. 1979).
· cites it 8× “Bureau of Prisons and Nassau County, authorized by 18 U.S.C. § 4002 . 1 *1245 The incident at issue took place on October 27,1976.”
Logue v. United States, 412 U.S. 521 (1973).
· cites it 3× “” The Court of Appeals reversed the judgment of the District Court, stating in its opinion that: “We interpret [ 18 U. S. C. §4002 ] as fixing the status of the Nueces County jail as that of a 'contractor.”
United States v. Brigido Marmolejo, Jr. & Mario Salinas, 89 F.3d 1185 (5th Cir. 1996).
· cites it 2× “The federal funds were authorized by 18 U.S.C. § 4002 to fulfill the federal government’s policy of providing “suitable quarters for the safekeeping, care, and subsistence of all persons held under authority of any enactment of Congress,” 18 U.”
Johnson v. Lark, 365 F. Supp. 289 (E.D. Mo. 1973).
· cites it 5× “The claim is founded upon a federal statute, 18 U.S. C. § 4002, and jurisdiction is asserted under 28 U.”
Larry Cannon v. United States, 645 F.2d 1128 (D.C. Cir. 1981).
· cites it 2× “The contractual relationship was authorized by 18 U.S.C. § 4002 , which provides: For the purpose of providing suitable quarters for the safekeeping, care, and subsistence of all persons held under authority of any enactment of Congress, the Director of the Bureau of Prisons may…”
Palmigiano v. Travisono, 317 F. Supp. 776 (D.R.I. 1970).
· cites it 2× “It should also be pointed out that, under 18 U.S.C. § 4002 (1964), the federal government may enter into contractual arrangements with state authorities for the maintenance and safekeeping of federal prisoners, including those awaiting trials in federal courts.”
United States v. Jiminez, 454 F. Supp. 610 (M.D. Tenn. 1978).
· cites it 4× “” In opposition, the government contends that since federal prisoners are incarcerated in the Sumner County facility pursuant to a contract between the United States Bureau of Prisons and Sumner County, authorized by 18 U.S.C. § 4002 , 3 the Sumner County Jail has become a…”
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