18 U.S.C. § 4042: Duties of Bureau of Prisons

have charge of the management and regulation of all Federal penal and correctional institutions; provide suitable quarters and provide for the safekeeping, care, and subsistence of all persons charged with or convicted of offenses against the United States, or held as witnesses or otherwise; provide for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States; provide technical assistance to State, tribal, and local governments in the improvement of their correctional systems; provide notice of release of prisoners in accordance with subsections (b) and (c); apply for Federal and State benefits upon release (including Social Security benefits, and veterans’ benefits); obtain identification, including a social security card, driver’s license or other official photo identification, and a birth certificate; and secure such identification and benefits prior to release from a sentence to a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence to a term of community confinement, subject to any limitations in law; and Health and nutrition. Employment. Literacy and education. Personal finance and consumer skills. Community resources. Personal growth and development. Release requirements and procedures. At least 5 days prior to the date on which a prisoner described in paragraph (3) is to be released on supervised release, or, in the case of a prisoner on supervised release, at least 5 days prior to the date on which the prisoner changes residence to a new jurisdiction, written notice of the release or change of residence shall be provided to the chief law enforcement officers of each State, tribal, and local jurisdiction in which the prisoner will reside. Notice prior to release shall be provided by the Director of the Bureau of Prisons. Notice concerning a change of residence following release shall be provided by the probation officer responsible for the supervision of the released prisoner, or in a manner specified by the Director of the Administrative Office of the United States Courts. The notice requirements under this subsection do not apply in relation to a prisoner being protected under chapter 224. the prisoner’s name; the prisoner’s criminal history, including a description of the offense of which the prisoner was convicted; and any restrictions on conduct or other conditions to the release of the prisoner that are imposed by law, the sentencing court, or the Bureau of Prisons or any other Federal agency. a drug trafficking crime, as that term is defined in section 924(c)(2); or a crime of violence (as defined in section 924(c)(3)). the chief law enforcement officer of each State, tribal, and local jurisdiction in which the person will reside; and a State, tribal, or local agency responsible for the receipt or maintenance of sex offender registration information in the State, tribal, or local jurisdiction in which the person will reside. Notice provided under paragraph (1) shall include the information described in subsection (b)(2), the place where the person will reside, and the information that the person shall register as required by the Sex Offender Registration and Notification Act. For a person who is released from the custody of the Bureau of Prisons whose expected place of residence following release is known to the Bureau of Prisons, notice shall be provided at least 5 days prior to release by the Director of the Bureau of Prisons. For a person who is sentenced to probation, notice shall be provided promptly by the probation officer responsible for the supervision of the person, or in a manner specified by the Director of the Administrative Office of the United States Courts. Notice concerning a subsequent change of residence by a person described in paragraph (3) during any period of probation, supervised release, or parole shall also be provided to the agencies and officers specified in paragraph (1) by the probation officer responsible for the supervision of the person, or in a manner specified by the Director of the Administrative Office of the United States Courts. The Director of the Bureau of Prisons shall inform a person who is released from prison and required to register under the Sex Offender Registration and Notification Act of the requirements of that Act as they apply to that person and the same information shall be provided to a person sentenced to probation by the probation officer responsible for supervision of that person. Repealed. Pub. L. 109–248, title I, § 141(h) , July 27, 2006 , 120 Stat. 604 .] The United States and its agencies, officers, and employees shall be immune from liability based on good faith conduct in carrying out this subsection and subsection (b). This section shall not apply to military or naval penal or correctional institutions or the persons confined therein. “This Act may be cited as the ‘Prison Camera Reform Act of 2021’. The Bureau of Prisons has 122 institutions located throughout the United States. The Bureau of Prisons employs nearly 38,000 employees and is responsible for more than 150,000 Federal inmates. Video footage from security camera systems and reliable communication over radio systems within Bureau of Prisons institutions are essential to protecting the health and safety of Bureau of Prisons employees and Federal inmates. Based on the experience of Bureau of Prisons correctional staff, the noticeable presence of functioning security cameras serves as an effective deterrent to criminal behavior and misconduct. Well-documented deficiencies of camera systems at Bureau of Prisons’ facilities have hindered investigators’ ability to substantiate allegations of serious misconduct by staff and inmates, including sexual and physical assaults, medical neglect, and introduction of contraband. In a 2016 report, the Office of the Inspector General for the Department of Justice determined that ‘deficiencies within the BOP’s security camera system have affected the OIG’s ability to secure prosecutions of staff and inmates in BOP contraband introduction cases, and these same problems adversely impact the availability of critical evidence to support administrative or disciplinary action against staff and inmates’. Shortcomings in the land-mobile radio systems at Bureau of Prison facilities institutions impede the communication abilities of staff, slowing or preventing the response of correctional officers during an emergency or threat of attack, and jeopardizing the safety of both staff and Federal inmates. evaluate the security camera, land-mobile radio (referred to in this Act as ‘LMR’), and public address (referred to in this Act as ‘PA’) systems in use by the Bureau of Prisons as of the date of enactment of this Act; and ensure the health and safety of staff and Federal inmates; and ensure the documentation and accessibility of video evidence that may pertain to misconduct by staff or inmates, negligent or abusive treatment of inmates, or criminal activity within correctional facilities. an insufficient number of cameras; inoperable or malfunctioning cameras; blind spots; poor quality video; and any other deficits in the security camera system; conversion of all analog cameras to digital surveillance systems, with corresponding infrastructure and equipment upgrade requirements; upgrades to ensure the secure storage, logging, preservation, and accessibility of recordings such that the recordings are available to investigators or Courts at such time as may be reasonably required; and additional enterprise-wide camera system capabilities needed to enhance the safety and security of inmates and staff; an inadequate number of radios; inoperable, outdated, or malfunctioning LMR or PA systems; areas of Bureau of Prisons correctional facilities that lack adequate reception for radio operation; radios that lack an emergency notification feature (also known as a ‘man down’ function), which automatically sends an alert and transmits the location of that radio in the event the wearer is in a prone position; and any other deficits in the LMR or PA systems; a prioritization of facilities for needed upgrades, beginning with high security institutions; the personnel and training necessary to implement the changes; and ongoing repair and maintenance requirements; and include a 3-year strategic plan and cost projection for implementing the changes and upgrades to the security camera, LMR, and PA systems identified under paragraphs (1) through (4). Not later than 3 years after the date on which the plan is submitted under subsection (a)(2), and subject to appropriations, the Director of the Bureau of Prisons shall complete implementation of the submitted plan. Beginning 1 year after the date on which the plan is submitted under subsection (a)(2), and each year thereafter until the end of the 3-year period described in subsection (c), the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of the implementation of the submitted plan.” This section may be cited as the ‘Stop Infant Mortality and Recidivism Reduction Act’ or the ‘SIMARRA Act’. Not later than 270 days after the date of enactment of this Act [ Mar. 15, 2022 ], the Director of the Bureau of Prisons (in this section referred to as the ‘Director’) shall establish a pilot program (in this section referred to as the ‘Program’) in accordance with this section to permit women incarcerated in Federal prisons and the children born to such women during incarceration to reside together while the inmate serves a term of imprisonment. prevent infant mortality among infants born to incarcerated mothers and greatly reduce the trauma and stress experienced by pregnant inmates; reduce the recidivism rates of federally incarcerated women and mothers, and enhance public safety by improving the effectiveness of the Federal prison system for women as a population with special needs; utilize a female offender risk and needs assessment to encourage a more effective and efficient Federal prison system; utilize a validated post-sentencing risk and needs assessment system that relies on dynamic factors to provide Federal prison officials with information regarding needs of Federal pregnant offenders and enhance public safety; perform regular outcome evaluations of the effectiveness of programs and interventions for federally incarcerated pregnant women and mothers to assure that such programs and interventions are evidence-based and to suggest changes, deletions, and expansions based on the results of such evaluations; and assist the Department of Justice to address the underlying cost structure of the Federal prison system and ensure that the Department can continue to run parenting programming safely and securely without compromising the scope or quality of the Department’s critical health, safety and law enforcement missions. the Director of the Administrative Office of the United States Courts; the Director of the Office of Probation and Pretrial Services; and the Director of the National Institute of Justice. evaluate the female offender risk and needs assessment for its ability to address the particular health and sensitivities of federally incarcerated pregnant women and mothers in accordance with this subsection; develop recommendations regarding recidivism reduction programs and productive activities in accordance with subsection (c); the best practices relating to the use of offender risk and needs assessment tools for female offenders with a particular emphasis on how those tools address the health and sensitivities of federally incarcerated pregnant women and mothers; potential improvements to risk and needs assessment tools for female offenders to address the health and sensitivities of federally incarcerated pregnant women and mothers; and for federally incarcerated pregnant women and mothers classified at different recidivism risk levels; and for addressing the specific needs of federally incarcerated pregnant women and mothers; on a biennial basis, review any findings related to evaluations conducted under subparagraph (A) and the recommendations developed under subparagraph (B), using the research conducted under subparagraph (C), to determine whether any revisions or updates should be made to female offender risk and needs assessment systems, and if so, make such revisions or updates; hold periodic meetings with the individuals listed in paragraph (1) at intervals to be determined by the Director; develop tools to communicate parenting program availability and eligibility criteria to each employee of the Bureau of Prisons and each pregnant inmate to ensure that each pregnant inmate in the custody of a Bureau of Prisons facility understands the resources available to such inmate; and report to Congress in accordance with subsection (h). consult relevant stakeholders; and make decisions using data that is based on available statistical and empirical evidence. is pregnant at the beginning of or during the term of imprisonment; and is in the custody or control of the Bureau of Prisons. the date that the inmate’s term of imprisonment terminates; or the date the infant fails to meet any medical criteria established by the Director. take substantive steps towards acting in the role of a parent or guardian to any child of that inmate; participate in any recommended educational or counseling opportunities, including topics such as child development, parenting skills, domestic violence, vocational training, or substance abuse, as appropriate; abide by any court decision regarding the legal or physical custody of the child; and specify a person who has agreed to take at least temporary custody of the child if the inmate’s participation in the Program terminates before the inmate’s release. The Director shall take appropriate actions to prevent detachment or disruption of either an inmate’s or infant’s health and bonding-based well-being due to termination of the Program. Not later than 6 months after the date of enactment of this Act [ Mar. 15, 2022 ], and once each year thereafter for 5 years, the Director shall submit a progress report to the Congress with regards to implementing the Program. Not later than 6 months after the termination of the Program, the Director shall issue a final report to the Congress that contains a detailed statement of the Director’s findings and conclusions, including recommendations for legislation, administrative actions, and regulations the Director considers appropriate.” de-escalate encounters between a law enforcement officer or an officer or employee of the Bureau of Prisons, and a civilian or a prisoner (as such term is defined in section 3635 of title 18 , United States Code, as added by section 101(a) of this Act); and identify and appropriately respond to incidents that involve the unique needs of individuals who have a mental illness or cognitive deficit.” A program to pair youth with volunteers from faith-based or community organizations, which may include formerly incarcerated offenders, that have relevant experience or expertise in mentoring, and a willingness to serve as a mentor in such a capacity. A program to equip prisoners with the skills to provide training and therapy to animals seized by Federal law enforcement under asset forfeiture authority and to organizations that provide shelter and similar services to abandoned, rescued, or otherwise vulnerable animals. Not later than 1 year after the conclusion of the pilot programs, the Attorney General shall report to Congress on the results of the pilot programs under this section. Such report shall include cost savings, numbers of participants, and information about recidivism rates among participants. In this title, the term ‘youth’ means a prisoner (as such term is defined in section 3635 of title 18 , United States Code, as added by section 101(a) of this Act) who was 21 years of age or younger at the time of the commission or alleged commission of the criminal offense for which the individual is being prosecuted or serving a term of imprisonment, as the case may be.” The Director of the Bureau of Prisons shall make the healthcare products described in subsection (c) available to prisoners for free, in a quantity that is appropriate to the healthcare needs of each prisoner. The Director shall ensure that the healthcare products provided under this section conform with applicable industry standards. The healthcare products described in this subsection are tampons and sanitary napkins.” in-cell television viewing except for prisoners who are segregated from the general prison population for their own safety; the viewing of R, X, and NC–17 rated movies, through whatever medium presented; any instruction (live or through broadcasts) or training equipment for boxing, wrestling, judo, karate, or other martial art, or any bodybuilding or weightlifting equipment of any sort; possession of in-cell coffee pots, hot plates or heating elements; or the use or possession of any electric or electronic musical instrument.” administering Bureau of Prisons confinement facilities for civilian nonviolent prisoners located on military installations in cooperation with the Secretary of Defense, with an emphasis on placing women inmates in such facilities, or in similar minimum security confinement facilities not located on military installations, so that the percentage of eligible women equals the percentage of eligible men housed in such or similar minimum security confinement facilities (i.e., prison camps); establishing and regulating drug treatment programs for inmates held in such facilities in coordination and cooperation with the National Institute on Drug Abuse; and establishing and managing work programs in accordance with guidelines under the Bureau of Prisons for persons held in such facilities and in cooperation with the installation commander.”