18 U.S.C. § 4003

Federal institutions in States without appropriate facilities

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If by reason of the refusal or inability of the authorities having control of any jail, workhouse, penal, correctional, or other suitable institution of any State or Territory, or political subdivision thereof, to enter into a contract for the imprisonment, subsistence, care, or proper employment of United States prisoners, or if there are no suitable or sufficient facilities available at reasonable cost, the Attorney General may select a site either within or convenient to the State, Territory, or judicial district concerned and cause to be erected thereon a house of detention, workhouse, jail, prison-industries project, or camp, or other place of confinement, which shall be used for the detention of persons held under authority of any Act of Congress, and of such other persons as in the opinion of the Attorney General are proper subjects for confinement in such institutions.

Notes of Decisions

Cited in 4 cases, 1972–2003 · leading case: Phillips v. Federal Bureau of Prisons

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Phillips v. Federal Bureau of Prisons (2003) dcd · cites it 8× “Phillips has sued the Federal Bureau of Prisons (“BOP”), Hope Village, and Joseph Wilmer, Director of Hope Village, advancing five separate claims: (a) negligence pursuant to the Federal Tort Claims Act (“FTCA”); (b) claims under 18 U.S.C. § 4003 , including unlawful seizure…”

Denis Hanly v. Richard G. Kleindienst, as Attorney General of the United States (1972) ca2 “See 18 U.S.C. § 4003 , 40 U.S.C. §§ 602-606 .”

Pinaud v. County of Suffolk (1995) ca2 “815 (1987), or in other jurisdictions, see 18 U.S.C. § 4003 , or in other countries for that matter.”

Statutory Authority to Contract With the Private Sector for Secure Facilities (1992) olc · cites it 2× “§ 4002 (authorizing the Attorney General to contract for the incarceration of federal prisoners with states and localities) and 18 U.S.C. § 4003 (permitting the Attorney General to cause new federal facilities to be erected), which in GAO’s view outline the only two options…”

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