dreamproit/uscode huggingface dataset:
18 U.S.C. § 4129 (CRIMES AND CRIMINAL PROCEDURE)
§ 4129. Authority to borrow and invest
(a)
(1) As approved by the board of directors, Federal Prison Industries, to such extent and in such amounts as are provided in appropriations Acts, is authorized to issue its obligations to the Secretary of the Treasury, and the Secretary of the Treasury, in the Secretary’s discretion, may purchase or agree to purchase any such obligations, except that the aggregate amount of obligations issued by Federal Prison Industries under this paragraph that are outstanding at any time may not exceed 25 percent of the net worth of the corporation. For purchases of such obligations by the Secretary of the Treasury, the Secretary is authorized to use as a public debt transaction the proceeds of the sale of any securities issued under chapter 31 of title 31 after the date of the enactment of this section, and the purposes for which securities may be issued under that chapter are extended to include such purchases. Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturity. For purposes of the first sentence of this paragraph, the net worth of Federal Prison Industries is the amount by which its assets (including capital) exceed its liabilities.
(2) The Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as the Secretary shall determine, any of the obligations acquired by the Secretary under this subsection. All purchases and sales by the Secretary of the Treasury of such obligations under this subsection shall be treated as public debt transactions of the United States.
(b) Federal Prison Industries may request the Secretary of the Treasury to invest excess moneys from the Prison Industries Fund. Such investments shall be in public debt securities with maturities suitable to the needs of the corporation as determined by the board of directors, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.
(Added Pub. L. 100–690, title VII, § 7093(a), Nov. 18, 1988, 102 Stat. 4411.)
heading: References in Text
text: The date of the enactment of this section, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 100–690 which was approved Nov. 18, 1988.
18 U.S.C. § 4161 to 4166 (CRIMES AND CRIMINAL PROCEDURE)
[§§ 4161 to 4166. Repealed. Pub. L. 98–473, title II, § 218(a)(4), Oct. 12, 1984, 98 Stat. 2027]
text: Section 4161, acts June 25, 1948, ch. 645, 62 Stat. 853; Sept. 14, 1959, Pub. L. 86–259, 73 Stat. 546, related to computation of reduction of time of sentence generally.
text: Section 4162, act June 25, 1948, ch. 645, 62 Stat. 853, related to deduction from sentence for industrial good time.
text: Section 4163, acts June 25, 1948, ch. 645, 62 Stat. 853; Sept. 19, 1962, Pub. L. 87–665, 76 Stat. 552, related to discharge of prisoner.
text: Section 4164, acts June 25, 1948, ch. 645, 62 Stat. 853; June 29, 1951, ch. 176, 65 Stat. 98, related to released prisoner as parolee.
text: Section 4165, act June 25, 1948, ch. 645, 62 Stat. 854, related to forfeiture of good time for offense.
text: Section 4166, act June 25, 1948, ch. 645, 62 Stat. 854, related to restoration of forfeited commutation.
heading: Effective Date of Repeal
text: Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, with sections to remain in effect for five years as to an individual who committed as offense or an act of juvenile delinquency before Nov. 1, 1987, and as to a term of imprisonment during the period described in section 235(a)(1)(B) of Pub. L. 98–473, see section 235(a)(1), (b)(1)(B) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 4242 (CRIMES AND CRIMINAL PROCEDURE)
§ 4242. Determination of the existence of insanity at the time of the offense
(a) Motion for Pretrial Psychiatric or Psychological Examination.—
Upon the filing of a notice, as provided in Rule 12.2 of the Federal Rules of Criminal Procedure, that the defendant intends to rely on the defense of insanity, the court, upon motion of the attorney for the Government, shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).
(b) Special Verdict.—
If the issue of insanity is raised by notice as provided in Rule 12.2 of the Federal Rules of Criminal Procedure on motion of the defendant or of the attorney for the Government, or on the court’s own motion, the jury shall be instructed to find, or, in the event of a nonjury trial, the court shall find the defendant—
(1) guilty;
(2) not guilty; or
(3) not guilty only by reason of insanity.
(June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98–473, title II, § 403(a), Oct. 12, 1984, 98 Stat. 2059.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 877 (May 13, 1930, ch. 254, § 7, 46 Stat. 272).
Minor change was made in phraseology.
heading: Amendments
text: 1984—Pub. L. 98–473 amended section generally, substituting “Determination of the existence of insanity at the time of the offense” for “Retransfer upon recovery” in section catchline, and substituting provisions relating to motion for pretrial psychiatric or psychological examination, and special verdict, for provisions relating to retransfer to a penal or correctional institution upon recovery of an inmate of the United States hospital for defective delinquents.
18 U.S.C. § 4251 to 4255 (CRIMES AND CRIMINAL PROCEDURE)
[§§ 4251 to 4255. Repealed. Pub. L. 98–473, title II, § 218(a)(6), Oct. 12, 1984, 98 Stat. 2027]
text: Section 4251, added Pub. L. 89–793, title II, § 201, Nov. 8, 1966, 80 Stat. 1442; amended Pub. L. 91–513, title III, § 1102(s), Oct. 27, 1970, 84 Stat. 1294; Pub. L. 92–420, § 3, Sept. 16, 1972, 86 Stat. 677, defined terms for purposes of this chapter.
text: Section 4252, added Pub. L. 89–793, title II, § 201, Nov. 8, 1966, 80 Stat. 1443, related to examination to determine if offender is an addict and likely to be rehabilitated through treatment.
text: Section 4253, added Pub. L. 89–793, title II, § 201, Nov. 8, 1966, 80 Stat. 1443, related to commitment for treatment.
text: Section 4254, added Pub. L. 89–793, title II, § 201, Nov. 8, 1966, 80 Stat. 1443, related to conditional release.
text: Section 4255, added Pub. L. 89–793, title II, § 201, Nov. 8, 1966, 80 Stat. 1443; amended Pub. L. 95–537, § 3, Oct. 27, 1978, 92 Stat. 2038; Pub. L. 99–570, § 1861(c), Oct. 27, 1986, 100 Stat. 3207–53; Pub. L. 99–646, § 19, Nov. 10, 1986, 100 Stat. 3596, related to supervision in the community.
heading: Effective Date of Repeal
text: Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, with sections to remain in effect for five years as to an individual who committed an offense or an act of juvenile delinquency before Nov. 1, 1987, and as to a term of imprisonment during the period described in section 235(a)(1)(B) of Pub. L. 98–473, see section 235(a)(1), (b)(1)(C) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 4281 (CRIMES AND CRIMINAL PROCEDURE)
[§ 4281. Repealed. Pub. L. 98–473, title II, § 218(a)(7), Oct. 12, 1984, 98 Stat. 2027]
text: Section, acts June 25, 1948, ch. 645, 62 Stat. 856; Sept. 19, 1962, Pub. L. 87–672, 76 Stat. 557, related to discharge from prison of a convicted person.
heading: Effective Date of Repeal
text: Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 4282 (CRIMES AND CRIMINAL PROCEDURE)
§ 4282. Arrested but unconvicted persons
On the release from custody of a person arrested on a charge of violating any law of the United States or of the Territory of Alaska, but not indicted nor informed against, or indicted or informed against but not convicted, and detained pursuant to chapter 207, or a person held as a material witness, the court in its discretion may direct the United States marshal for the district wherein he is released, pursuant to regulations promulgated by the Attorney General, to furnish the person so released with transportation and subsistence to the place of his arrest, or, at his election, to the place of his bona fide residence if such cost is not greater than to the place of arrest.
(June 25, 1948, ch. 645, 62 Stat. 856; Pub. L. 98–473, title II, § 207, Oct. 12, 1984, 98 Stat. 1986.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 746a (July 3, 1926, ch. 795, § 2, as added June 21, 1941, ch. 212, 55 Stat. 254).
The phrase “informed against” was inserted in two places in view of the fact that under the Federal Rules of Criminal Procedure the use of informations may be expected to increase. See Rule 7(b).
The section was extended to cover a person held as a material witness and unable to make bail. His predicament obviously calls for the relief afforded by the revised section.
Changes were made in phraseology and surplusage omitted.
heading: Amendments
text: 1984—Pub. L. 98–473 substituted “and detained pursuant to chapter 207” for “and not admitted to bail” and struck out “and unable to make bail” after “held as a material witness”.
heading: Admission of Alaska as State
text: Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.
18 U.S.C. § 4283, 4284 (CRIMES AND CRIMINAL PROCEDURE)
[§§ 4283, 4284. Repealed. Pub. L. 98–473, title II, § 218(a)(7), Oct. 12, 1984, 98 Stat. 2027]
text: Section 4283, act June 25, 1948, ch. 645, 62 Stat. 856, related to furnishing transportation when placing a defendant on probation.
text: Section 4284, added May 15, 1952, ch. 289, § 1, 66 Stat. 72; amended Sept. 13, 1982, Pub. L. 97–258, § 3(e)(5), 96 Stat. 1064, related to advances for rehabilitation.
heading: Effective Date of Repeal
text: Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 4285 (CRIMES AND CRIMINAL PROCEDURE)
§ 4285. Persons released pending further judicial proceedings
Any judge or magistrate judge of the United States, when ordering a person released under chapter 207 on a condition of his subsequent appearance before that court, any division of that court, or any court of the United States in another judicial district in which criminal proceedings are pending, may, when the interests of justice would be served thereby and the United States judge or magistrate judge is satisfied, after appropriate inquiry, that the defendant is financially unable to provide the necessary transportation to appear before the required court on his own, direct the United States marshal to arrange for that person’s means of noncustodial transportation or furnish the fare for such transportation to the place where his appearance is required, and in addition may direct the United States marshal to furnish that person with an amount of money for subsistence expenses to his destination, not to exceed the amount authorized as a per diem allowance for travel under section 5702(a) of title 5, United States Code. When so ordered, such expenses shall be paid by the marshal out of funds authorized by the Attorney General for such expenses.
(Added Pub. L. 95–503, § 1, Oct. 24, 1978, 92 Stat. 1704; amended Pub. L. 101–647, title XXXV, § 3599E, Nov. 29, 1990, 104 Stat. 4932; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Amendments
text: 1990—Pub. L. 101–647 substituted “exceed” for “exced” after “not to”.
heading: Change of Name
text: Words “magistrate judge” substituted for “magistrate” wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date
text: Pub. L. 95–503, § 3, Oct. 24, 1978, 92 Stat. 1704, provided that: “The amendments made by this Act [enacting this section] shall take effect on October 1, 1978.”
18 U.S.C. § 4321 (CRIMES AND CRIMINAL PROCEDURE)
§ 4321. Board of Advisers
Four citizens of the United States of prominence and distinction, appointed by the President to serve without compensation, for terms of four years, together with the Attorney General of the United States, the Director of the Bureau of Prisons and the warden of the Federal Reformatory for Women, shall constitute a Board of Advisers of said Federal Reformatory for Women, which shall recommend ways and means for the discipline and training of the inmates, to fit them for suitable employment upon their discharge.
Any person chosen to fill a vacancy shall be appointed only for the unexpired term of the citizen whom he shall succeed.
(June 25, 1948, ch. 645, 62 Stat. 856; Pub. L. 98–473, title II, § 223(n), Oct. 12, 1984, 98 Stat. 2030.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 816 (June 7, 1924, ch. 287, § 7, 43 Stat. 474; May 14, 1930, ch. 274, § 1, 46 Stat. 325).
The provisions relating to the appointment of the board in the first instance were omitted as executed.
“Warden” was substituted for “superintendent” and “Federal Reformatory for Women” for “United States Industrial Institution for Women” to conform to existing administrative usage.
Minor changes were made in translation, phraseology, and arrangement.
heading: Amendments
text: 1984—Pub. L. 98–473 struck out “parole or” before “discharge” at end of first par.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 4353 (CRIMES AND CRIMINAL PROCEDURE)
[§ 4353. Repealed. Pub. L. 107–273, div. A, title III, § 301(a), Nov. 2, 2002, 116 Stat. 1780]
text: Section, added Pub. L. 93–415, title V, § 521, Sept. 7, 1974, 88 Stat. 1141, authorized appropriations to carry out purposes of this chapter.
18 U.S.C. § 5001 (CRIMES AND CRIMINAL PROCEDURE)
§ 5001. Surrender to State authorities; expenses
Whenever any person under twenty-one years of age has been arrested, charged with the commission of an offense punishable in any court of the United States or of the District of Columbia, and, after investigation by the Department of Justice, it appears that such person has committed an offense or is a delinquent under the laws of any State or of the District of Columbia which can and will assume jurisdiction over such juvenile and will take him into custody and deal with him according to the laws of such State or of the District of Columbia, and that it will be to the best interest of the United States and of the juvenile offender, the United States attorney of the district in which such person has been arrested may forego his prosecution and surrender him as herein provided, unless such surrender is precluded under section 5032 of this title.
The United States marshal of such district upon written order of the United States attorney shall convey such person to such State or the District of Columbia, or, if already therein, to any other part thereof and deliver him into the custody of the proper authority thereof.
Before any person is conveyed from one State to another or from or to the District of Columbia under this section, he shall signify his willingness to be so returned, or there shall be presented to the United States attorney a demand from the executive authority of such State or the District of Columbia, to which the prisoner is to be returned, supported by indictment or affidavit as prescribed by section 3182 of this title.
The expense incident to the transportation of any such person, as herein authorized, shall be paid from the appropriation “Salaries, Fees, and Expenses, United States Marshals.”
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 100–690, title VI, § 6467(b), Nov. 18, 1988, 102 Stat. 4376.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 662a (June 11, 1932, ch. 243, 47 Stat. 301).
Language preceding “Whenever” was omitted as unnecessary, and “the District of Columbia” was inserted after “State”.
Changes were made in phraseology and surplusage eliminated.
heading: Amendments
text: 1988—Pub. L. 100–690 inserted “, unless such surrender is precluded under section 5032 of this title” before period at end of first par.
18 U.S.C. § 5002 (CRIMES AND CRIMINAL PROCEDURE)
[§ 5002. Repealed. Pub. L. 104–134, title I, § 101[(a)] [title VI, § 614(a)(1)], Apr. 26, 1996, 110 Stat. 1321, 1321–65; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327]
text: Section, added act Sept. 30, 1950, ch. 1115, § 4, 64 Stat. 1090; amended Oct. 12, 1984, Pub. L. 98–473, title II, § 223(p), 98 Stat. 2030, provided for creation of Advisory Corrections Council.
heading: Effective Date of Repeal
text: Pub. L. 104–134, title I, § 101[(a)] [title VI, § 614(b)], Apr. 26, 1996, 110 Stat. 1321, 1321–65, provided that: “This section [repealing this section] shall take effect 30 days after the date of the enactment of this Act [Apr. 26, 1996].”
18 U.S.C. § 5003 (CRIMES AND CRIMINAL PROCEDURE)
§ 5003. Custody of State offenders
(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) 1 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.)
heading: References in Text
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.
heading: Amendments
text: 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).
18 U.S.C. § 5005, 5006 (CRIMES AND CRIMINAL PROCEDURE)
[§§ 5005, 5006. Repealed. Pub. L. 98–473, title II, § 218(a)(8), Oct. 12, 1984, 98 Stat. 2027]
text: Section 5005, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086; amended Mar. 15, 1976, Pub. L. 94–233, § 3, 90 Stat. 231, related to the making of youth correction decisions by United States Parole Commission.
text: Section 5006, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086; amended Mar. 15, 1976, Pub. L. 94–233, § 4, 90 Stat. 231, defined terms for the purpose of this chapter.
heading: Effective Date of Repeal
text: Repeal effective Oct. 12, 1984, see section 235(a)(1)(A) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 5007 to 5009 (CRIMES AND CRIMINAL PROCEDURE)
[§§ 5007 to 5009. Repealed Pub. L. 94–233, § 5, Mar. 15, 1976, 90 Stat. 231]
text: Section 5007, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086, provided for meetings and duties of members of Youth Correction Division.
text: Section 5008, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086, provided for appointment of officers and employees by Attorney General.
text: Section 5009, added act Sept. 30, 1950, ch. 1115, § 2, 64 Stat. 1086, provided for adoption and promulgation of rules governing procedure by Youth Correction Division.
heading: Effective Date of Repeal
text: Repeal effective on 60th day following Mar. 15, 1976, see section 16(b) of Pub. L. 94–233, set out as an Effective Date note under section 4201 of this title.