18 U.S.C. § 4002
Section 4002 · Federal prisoners in State institutions; employment
Amended 2 times on record
Applied in 39 court decisions — leading case People of the State of New York v. C O'Neill (1959)
Most recently applied in Lewis v. Downey (September 2009)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
For the purpose of providing suitable quarters for the safekeeping, care, and subsistence of all persons held under authority of any enactment of Congress, the Attorney General may contract, for a period not exceeding three years, with the proper authorities of any State, Territory, or political subdivision thereof, for the imprisonment, subsistence, care, and proper employment of such persons.
Such Federal prisoners shall be employed only in the manufacture of articles for, the production of supplies for, the construction of public works for, and the maintenance and care of the institutions of, the State or political subdivision in which they are imprisoned.
The rates to be paid for the care and custody of said persons shall take into consideration the character of the quarters furnished, sanitary conditions, and quality of subsistence and may be such as will permit and encourage the proper authorities to provide reasonably decent, sanitary, and healthful quarters and subsistence for such persons.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §753b, (May 14, 1930, ch. 274, §3, 46 Stat. 325).
Changes were made in phraseology. The first sentence was incorporated in section 4042 of this title.
Amendments
1978—Pub. L. 95–624 substituted “Attorney General” for “Director of the Bureau of Prisons”.
Cross References
Bureau of Prisons, see section 4041 et seq. of this title.
Employment in Federal prisons, see section 4121 et seq. of this title.