dreamproit/uscode huggingface dataset:
18 U.S.C. § 4109 (CRIMES AND CRIMINAL PROCEDURE)
§ 4109. Right to counsel, appointment of counsel
(a) In proceedings to verify consent of an offender for transfer, the offender shall have the right to advice of counsel. If the offender is financially unable to obtain counsel—
(1) counsel for proceedings conducted under section 4107 shall be appointed in accordance with section 3006A of this title. Such appointment shall be considered an appointment in a misdemeanor case for purposes of compensation under the Act; 1
(2) counsel for proceedings conducted under section 4108 shall be appointed by the verifying officer pursuant to such regulations as may be prescribed by the Director of the Administrative Office of the United States Courts. The Secretary of State shall make payments of fees and expenses of the appointed counsel, in amounts approved by the verifying officer, which shall not exceed the amounts authorized under section 3006A of this title for representation in a misdemeanor case. Payment in excess of the maximum amount authorized may be made for extended or complex representation whenever the verifying officer certifies that the amount of the excess payment is necessary to provide fair compensation, and the payment is approved by the chief judge of the United States court of appeals for the appropriate circuit. Counsel from other agencies in any branch of the Government may be appointed: Provided, That in such cases the Secretary of State shall pay counsel directly, or reimburse the employing agency for travel and transportation expenses. Notwithstanding section 3324(a) and (b) of title 31, the Secretary may make advance payments of travel and transportation expenses to counsel appointed under this subsection.
(b) Guardians ad litem appointed by the verifying officer under section 4100 of this title to represent offenders who are financially unable to provide for compensation and travel expenses of the guardian ad litem shall be compensated and reimbursed under subsection (a)(1) of this section.
(c) The offender shall have the right to advice of counsel in proceedings before the United States Parole Commission under section 4106A of this title and in an appeal from a determination of such Commission under such section. If the offender is financially unable to obtain counsel, counsel for such proceedings and appeal shall be appointed under section 3006A of this title.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218; amended Pub. L. 97–258, § 3(e)(2), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 100–690, title VII, § 7101(d), Nov. 18, 1988, 102 Stat. 4416; Pub. L. 101–647, title XXXV, § 3598, Nov. 29, 1990, 104 Stat. 4931.)
heading: Editorial Notes
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–647 substituted “section 3006A of this title” for “the Criminal Justice Act (18 U.S.C. 3006A)” in par. (1) and for “the Criminal Justice Act (18 U.S.C. 3006(a))” in par. (2).
1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
1982—Par. (2). Pub. L. 97–258 substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes as amended (31 U.S.C. 529)”.
18 U.S.C. § 4113 (CRIMES AND CRIMINAL PROCEDURE)
§ 4113. Status of alien offender transferred to a foreign country
(a) An alien who is deportable from the United States but who has been granted voluntary departure pursuant to section 240B of the Immigration and Nationality Act and who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have voluntarily departed from this country.
(b) An alien who is the subject of an order of removal from the United States pursuant to section 240 of the Immigration and Nationality Act who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been removed from this country.
(c) An alien who is the subject of an order of removal from the United States pursuant to section 240 of the Immigration and Nationality Act, who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been excluded from admission and removed from the United States.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1219; amended Pub. L. 104–208, div. C, title III, § 308(d)(4)(U), (e)(1)(Q), (2)(I), (g)(3)(B), (5)(A)(iv), Sept. 30, 1996, 110 Stat. 3009–619, 3009–620, 3009–622, 3009–623.)
heading: Editorial Notes
heading: References in Text
text: Section 240B of the Immigration and Nationality Act, referred to in subsec. (a), is classified to section 1229c of Title 8, Aliens and Nationality.
Section 240 of the Immigration and Nationality Act, referred to in subsecs. (b) and (c), is classified to section 1229a of Title 8.
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–208, § 308(g)(5)(A)(iv)(I), substituted “section 240B of the Immigration and Nationality Act” for “section 1252(b) or section 1254(e) of title 8, United States Code,”.
Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(iv)(II), substituted “section 240 of the Immigration and Nationality Act” for “section 1252 of title 8, United States Code,”.
Pub. L. 104–208, § 308(e)(1)(Q), (2)(I), substituted “removal” for “deportation” and “removed” for “deported”.
Subsec. (c). Pub. L. 104–208, § 308(g)(3)(B), substituted “240 of the Immigration and Nationality Act” for “1226 of title 8, United States Code”.
Pub. L. 104–208, § 308(d)(4)(U), (e)(2)(I), substituted “removal” for “exclusion and deportation” and “removed” for “deported”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1997 Amendment
text: Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
18 U.S.C. § 4127 (CRIMES AND CRIMINAL PROCEDURE)
§ 4127. Prison Industries report to Congress
The board of directors of Federal Prison Industries shall submit an annual report to the Congress on the conduct of the business of the corporation during each fiscal year, and on the condition of its funds during such fiscal year. Such report shall include a statement of the amount of obligations issued under section 4129(a)(1) during such fiscal year, and an estimate of the amount of obligations that will be so issued in the following fiscal year.
(June 25, 1948, ch. 645, 62 Stat. 852; Pub. L. 100–690, title VII, § 7095, Nov. 18, 1988, 102 Stat. 4413.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 744m (June 23, 1934, ch. 736, § 5, 48 Stat. 1212).
Words “of Federal Prison Industries” were inserted after “board of directors”.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–690 amended section generally. Prior to amendment, section read as follows: “The board of directors of Federal Prison Industries shall make annual reports to Congress on the conduct of the business of the corporation and on the condition of its funds.”
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 117 of House Document No. 103–7.
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: Editorial Notes
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. § 4130 (CRIMES AND CRIMINAL PROCEDURE)
§ 4130. Additional markets
(a) In General.—
Except as provided in subsection (b), notwithstanding any other provision of law, Federal Prison Industries may sell products to—
(1) public entities for use in penal or correctional institutions;
(2) public entities for use in disaster relief or emergency response;
(3) the government of the District of Columbia; and
(4) any organization described in subsection (c)(3), (c)(4), or (d) of section 501 of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code.
(b) Office Furniture.—
Federal Prison Industries may not sell office furniture to the organizations described in subsection (a)(4).
(c) Definitions.—
In this section:
(1) The term “office furniture” means any product or service offering intended to meet the furnishing needs of the workplace, including office, healthcare, educational, and hospitality environments.
(2) The term “public entity” means a State, a subdivision of a State, an Indian tribe, and an agency or governmental corporation or business of any of the foregoing.
(3) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands.
(Added Pub. L. 115–391, title VI, § 605(a), Dec. 21, 2018, 132 Stat. 5242.)
heading: Editorial Notes
heading: References in Text
text: Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (a)(4), is classified to section 501 of Title 26, Internal Revenue Code.
18 U.S.C. § 4161...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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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...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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Executive Documents
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.
(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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 1990—Pub. L. 101–647 substituted “exceed” for “exced” after “not to”.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Amendments
text: 1984—Pub. L. 98–473 struck out “parole or” before “discharge” at end of first par.
heading: Statutory Notes and Related Subsidiaries
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.