US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC3621]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                CHAPTER 229--POSTSENTENCE ADMINISTRATION
 
                       SUBCHAPTER C--IMPRISONMENT
 
Sec. 3621. Imprisonment of a convicted person

    (a) Commitment to Custody of Bureau of Prisons.--A person who has 
been sentenced to a term of imprisonment pursuant to the provisions of 
subchapter D of chapter 227 shall be committed to the custody of the 
Bureau of Prisons until the expiration of the term imposed, or until 
earlier released for satisfactory behavior pursuant to the provisions of 
section 3624.
    (b) Place of Imprisonment.--The Bureau of Prisons shall designate 
the place of the prisoner's imprisonment. The Bureau may designate any 
available penal or correctional facility that meets minimum standards of 
health and habitability established by the Bureau, whether maintained by 
the Federal Government or otherwise and whether within or without the 
judicial district in which the person was convicted, that the Bureau 
determines to be appropriate and suitable, considering--
        (1) the resources of the facility contemplated;
        (2) the nature and circumstances of the offense;
        (3) the history and characteristics of the prisoner;
        (4) any statement by the court that imposed the sentence--
            (A) concerning the purposes for which the sentence to 
        imprisonment was determined to be warranted; or
            (B) recommending a type of penal or correctional facility as 
        appropriate; and

        (5) any pertinent policy statement issued by the Sentencing 
    Commission pursuant to section 994(a)(2) of title 28.

In designating the place of imprisonment or making transfers under this 
subsection, there shall be no favoritism given to prisoners of high 
social or economic status. The Bureau may at any time, having regard for 
the same matters, direct the transfer of a prisoner from one penal or 
correctional facility to another. The Bureau shall make available 
appropriate substance abuse treatment for each prisoner the Bureau 
determines has a treatable condition of substance addiction or abuse.
    (c) Delivery of Order of Commitment.--When a prisoner, pursuant to a 
court order, is placed in the custody of a person in charge of a penal 
or correctional facility, a copy of the order shall be delivered to such 
person as evidence of this authority to hold the prisoner, and the 
original order, with the return endorsed thereon, shall be returned to 
the court that issued it.
    (d) Delivery of Prisoner for Court Appearances.--The United States 
marshal shall, without charge, bring a prisoner into court or return him 
to a prison facility on order of a court of the United States or on 
written request of an attorney for the Government.
    (e) Substance Abuse Treatment.--
        (1) Phase-in.--In order to carry out the requirement of the last 
    sentence of subsection (b) of this section, that every prisoner with 
    a substance abuse problem have the opportunity to participate in 
    appropriate substance abuse treatment, the Bureau of Prisons shall, 
    subject to the availability of appropriations, provide residential 
    substance abuse treatment (and make arrangements for appropriate 
    aftercare)--
            (A) for not less than 50 percent of eligible prisoners by 
        the end of fiscal year 1995, with priority for such treatment 
        accorded based on an eligible prisoner's proximity to release 
        date;
            (B) for not less than 75 percent of eligible prisoners by 
        the end of fiscal year 1996, with priority for such treatment 
        accorded based on an eligible prisoner's proximity to release 
        date; and
            (C) for all eligible prisoners by the end of fiscal year 
        1997 and thereafter, with priority for such treatment accorded 
        based on an eligible prisoner's proximity to release date.

        (2) Incentive for prisoners' successful completion of treatment 
    program.--
            (A) Generally.--Any prisoner who, in the judgment of the 
        Director of the Bureau of Prisons, has successfully completed a 
        program of residential substance abuse treatment provided under 
        paragraph (1) of this subsection, shall remain in the custody of 
        the Bureau under such conditions as the Bureau deems 
        appropriate. If the conditions of confinement are different from 
        those the prisoner would have experienced absent the successful 
        completion of the treatment, the Bureau shall periodically test 
        the prisoner for substance abuse and discontinue such conditions 
        on determining that substance abuse has recurred.
            (B) Period of custody.--The period a prisoner convicted of a 
        nonviolent offense remains in custody after successfully 
        completing a treatment program may be reduced by the Bureau of 
        Prisons, but such reduction may not be more than one year from 
        the term the prisoner must otherwise serve.

        (3) Report.--The Bureau of Prisons shall transmit to the 
    Committees on the Judiciary of the Senate and the House of 
    Representatives on January 1, 1995, and on January 1 of each year 
    thereafter, a report. Such report shall contain--
            (A) a detailed quantitative and qualitative description of 
        each substance abuse treatment program, residential or not, 
        operated by the Bureau;
            (B) a full explanation of how eligibility for such programs 
        is determined, with complete information on what proportion of 
        prisoners with substance abuse problems are eligible; and
            (C) a complete statement of to what extent the Bureau has 
        achieved compliance with the requirements of this title.

        (4) Authorization of appropriations.--There are authorized to be 
    appropriated to carry out this subsection--
            (A) $13,500,000 for fiscal year 1996;
            (B) $18,900,000 for fiscal year 1997;
            (C) $25,200,000 for fiscal year 1998;
            (D) $27,000,000 for fiscal year 1999; and
            (E) $27,900,000 for fiscal year 2000.

        (5) Definitions.--As used in this subsection--
            (A) the term ``residential substance abuse treatment'' means 
        a course of individual and group activities, lasting between 6 
        and 12 months, in residential treatment facilities set apart 
        from the general prison population--
                (i) directed at the substance abuse problems of the 
            prisoner; and
                (ii) intended to develop the prisoner's cognitive, 
            behavioral, social, vocational, and other skills so as to 
            solve the prisoner's substance abuse and related problems;

            (B) the term ``eligible prisoner'' means a prisoner who is--
                (i) determined by the Bureau of Prisons to have a 
            substance abuse problem; and
                (ii) willing to participate in a residential substance 
            abuse treatment program; and

            (C) the term ``aftercare'' means placement, case management 
        and monitoring of the participant in a community-based substance 
        abuse treatment program when the participant leaves the custody 
        of the Bureau of Prisons.

        (6) Coordination of federal assistance.--The Bureau of Prisons 
    shall consult with the Department of Health and Human Services 
    concerning substance abuse treatment and related services and the 
    incorporation of applicable components of existing comprehensive 
    approaches including relapse prevention and aftercare services.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
2007; amended Pub. L. 101-647, title XXIX, Sec. 2903, Nov. 29, 1990, 104 
Stat. 4913; Pub. L. 103-322, title II, Sec. 20401, title III, 
Sec. 32001, Sept. 13, 1994, 108 Stat. 1824, 1896.)


                            Prior Provisions

    For a prior section 3621, applicable to offenses committed prior to 
Nov. 1, 1987, see note set out preceding section 3601 of this title.


                               Amendments

    1994--Subsec. (b). Pub. L. 103-322, Sec. 32001(1), struck out ``, to 
the extent practicable,'' after ``The Bureau shall'' in concluding 
provisions.
    Pub. L. 103-322, Sec. 20401, inserted ``In designating the place of 
imprisonment or making transfers under this subsection, there shall be 
no favoritism given to prisoners of high social or economic status.'' 
after subsec. (b)(5).
    Subsec. (e). Pub. L. 103-322, Sec. 32001(2), added subsec. (e).
    1990--Subsec. (b). Pub. L. 101-647 inserted at end ``The Bureau 
shall, to the extent practicable, make available appropriate substance 
abuse treatment for each prisoner the Bureau determines has a treatable 
condition of substance addiction or abuse.''


                             Effective Date

    Section effective Nov. 1, 1987, and applicable only to offenses 
committed after the taking effect of this section, see section 235(a)(1) 
of Pub. L. 98-473, set out as a note under section 3551 of this title.