18 U.S.C. § 4013: Support of United States prisoners in non-Federal institutions

necessary clothing; medical care and necessary guard hire; and the housing, care, and security of persons held in custody of a United States marshal pursuant to Federal law under agreements with State or local units of government or contracts with private entities. amounts made available for purposes of this paragraph shall not exceed the average per-inmate cost of constructing similar confinement facilities for the Federal prison population, the availability of such federally assisted facility shall be assured for housing Federal prisoners, and the per diem rate charged for housing such Federal prisoners shall not exceed allowable costs or other conditions specified in the contract or cooperative agreement. the number of Federal detainees in the district; and the availability of appropriate Federal, State, and local government detention facilities. be located in a district that has been designated as needing additional Federal detention facilities pursuant to paragraph (1); meet the standards of the American Correctional Association; comply with all applicable State and local laws and regulations; have approved fire, security, escape, and riot plans; and comply with any other regulations that the Marshals Service deems appropriate. The United States Marshals Service shall provide an opportunity for public comment on a contract under subsection (a)(3). the prisoner is confined in a non-Federal institution pursuant to an agreement between the Federal Government and the State or local government; is authorized under State law; and does not exceed the amount collected from State or local prisoners for the same services; and are provided within or outside of the institution by a person who is licensed or certified under State law to provide health care services and who is operating within the scope of such license; constitute a health care visit within the meaning of section 4048(a)(4) of this title ; and are not preventative health care services, emergency services, prenatal care, diagnosis or treatment of chronic infectious diseases, mental health care, or substance abuse treatment. the account of the prisoner is insolvent; or the prisoner is otherwise unable to pay a fee assessed under this subsection. until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with such notices; and for services provided before the expiration of such period. The implementation of this subsection by the State or local government, and any amendment to that implementation, shall not take effect until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with written and oral notices of the provisions of that implementation (or amendment, as the case may be). A fee under this subsection may not be assessed against, or collected from, a prisoner pursuant to such implementation (or amendments, as the case may be) for services provided before the expiration of such period. Before the beginning of any period a proposed implementation under this subsection is open to public comment, written and oral notice of the provisions of that proposed implementation shall be provided to groups that advocate on behalf of Federal prisoners and to each prisoner subject to such proposed implementation. Any State or local government assessing or collecting a fee under this subsection shall provide comprehensive coverage for services relating to human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) to each Federal prisoner in the custody of such State or local government when medically appropriate. The State or local government may not assess or collect a fee under this subsection for providing such coverage.