U.S. Code » Title 18 » Part PART IV— CORRECTION OF YOUTHFUL OFFENDERS › Chapter CHAPTER 401— GENERAL PROVISIONS

18 U.S.C. § 5003

Custody of State offenders

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(a)(1) The Director of the Bureau of Prisons when proper and adequate facilities and personnel are available may contract with proper officials of a State or territory, for the custody, care, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such State or territory.(2) Any such contract shall provide—(A) for reimbursing the United States in full for all costs or expenses involved;(B) for receiving in exchange persons convicted of criminal offenses in the courts of the United States, to serve their sentence in appropriate institutions or facilities of the State or territory by designation as provided in section 4082(b) 11 See References in Text note below. of this title, this exchange to be made according to formulas or conditions which may be negotiated in the contract; or(C) for compensating the United States by means of a combination of monetary payment and of receipt of persons convicted of criminal offenses in the courts of the United States, according to formulas or conditions which may be negotiated in the contract.(3) No such contract shall provide for the receipt of more State or territory prisoners by the United States than are transferred to that State or territory by such contract.(b) Funds received under such contract may be deposited in the Treasury to the credit of the appropriation or appropriations from which the payments for such service were originally made.(c) Unless otherwise specifically provided in the contract, a person committed to the Attorney General hereunder shall be subject to all the provisions of law and regulations applicable to persons committed for violations of laws of the United States not inconsistent with the sentence imposed.(d) The term “State” as used in this section includes any State, territory, or possession of the United States, and the Canal Zone.(Added May 9, 1952, ch. 253, § 1, 66 Stat. 68; amended Pub. L. 89–267, § 1, Oct. 19, 1965, 79 Stat. 990; Pub. L. 99–646, § 66, Nov. 10, 1986, 100 Stat. 3615.)Editorial NotesReferences in Text

Section 4082(b) of this title, referred to in subsec. (a)(2)(B), was repealed, and section 4082(f) was redesignated section 4082(b), by Pub. L. 98–473, title II, § 218(a), Oct. 12, 1984, 98 Stat. 2027.

For definition of Canal Zone, referred to in subsec. (d), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Amendments

1986—Subsec. (a). Pub. L. 99–646 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Attorney General, when the Director shall certify that proper and adequate treatment facilities and personnel are available, is hereby authorized to contract with the proper officials of a State or Territory for the custody, care, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such State or Territory: Provided, That any such contract shall provide for reimbursing the United States in full for all costs or other expenses involved.”

1965—Subsec. (d). Pub. L. 89–267 added subsec. (d).

Notes of Decisions
Cited in 77 cases (1 in the last 5 years), 1960–2023 · leading case: Howe v. Smith, 452 U.S. 473 (1981).
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Howe v. Smith, 452 U.S. 473 (1981). · cites it 8× “In anticipation of that closing, the United States and Vermont entered into an agreement pursuant to 18 U. S. C. § 5003 (a) by which the United States agreed to house in federal prisons up to 40 prisoners originally committed to the prisons of Vermont.”
Olim v. Wakinekona, 461 U.S. 238 (1983). · cites it 2× “On the federal level, 18 U. S. C. § 5003 (a) authorizes the Attorney General to contract with a State for the transfer of a state prisoner to a federal prison, whether in that State or another.”
Elbert Blango v. Richard R. Thornburgh J. Michael Quinlan Gary L. Henman Mayor, Washington, D.C., 942 F.2d 1487 (10th Cir. 1991). · cites it 5× “Summarizing his arguments, first, he noted he was transferred pursuant to a memorandum of understanding between the director of the federal Bureau of Prisons, under the authority of 18 U.S.C. § 5003 (statutory authority for director of Bureau of Prisons to contract with states…”
Kenneth Lono v. Charles E. Fenton, Warden, Marion Fed. Penitentiary, 581 F.2d 645 (7th Cir. 1978). · cites it 5× “He argues that 18 U.S.C. § 5003 authorizes the transfer of state prisoners to federal custody only upon a showing that the prisoner is in need of specialized treatment unavailable in the state system, and that due process requires a hearing on that issue prior to any…”
Fletcher v. Warden, 467 F. Supp. 777 (D. Kan. 1979). · cites it 5× “He is presently confined in the United States Penitentiary, Leavenworth, Kansas, pursuant to a contract between Delaware officials and the Attorney General of the United States as authorized under 18 U.S.C. § 5003 . Petitioner does not attack his conviction or sentence.”
Leon F. Rich v. George A. Zitnay, Etc., 644 F.2d 41 (1st Cir. 1981). · cites it 3× “See 18 U.S.C. § 5003 ; 34 M.R.S.A. § 707. The only issue presented in this appeal is whether the district court properly dismissed plaintiffs’ claim that defendant Maine corrections officials were not providing sufficient legal research materials to insure plaintiffs’ meaningful…”
Corgain v. Miller, 708 F.2d 1241 (7th Cir. 1983). · cites it 4× “The appellants are prisoners convicted in state courts of state offenses who were transferred into federal custody pursuant to contracts between the various states and the Attorney General of the United States, as authorized by 18 U.S.C. § 5003 . The appellants petitioned for…”
United States ex rel. Gereau v. Henderson, 526 F.2d 889 (5th Cir. 1976). · cites it 3× “Soon thereafter they were placed in the custody of the Attorney General of the United States for service of their sentences pursuant to a contractual agreement between the Attorney General and the territorial government of the Virgin Islands, executed under authority of 18…”
Anthony F. Sisbarro v. Warden, Massachusetts State Penitentiary, 592 F.2d 1 (1st Cir. 1979). · cites it 2× “Nor, in our opinion, is appellant’s argument furthered by 18 U.S.C. § 5003 which authorizes the United States Attorney General, “when the Director [of the Federal Bureau of Prisons] shall certify that proper and adequate treatment facilities and personnel are available”, to…”
Lawrence v. Elsea, 478 F. Supp. 480 (W.D. Wis. 1979). · cites it 6× “These suits allege that this agreement and petitioners’ transfers pursuant to this agreement are contrary to 18 U.S.C. § 5003 . 2 As relief, petitioners ask for release from federal custody.”
Bradshaw v. Carlson, 682 F.2d 1050 (3rd Cir. 1981). · cites it 3× “2 He also found that 18 U.S.C. § 5003 (1976) empowered the federal officials to assume custody of territorial prisoners.”
Douglas Gomes v. Anthony P. Travisono, 490 F.2d 1209 (1st Cir. 1974). · cites it 3× “The judgment is affirmed in part and reversed in part. The case is remanded for further proceedings consistent with this opinion.”
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