Us Code § 1302a - Bureau of Prisons tribal prisoner program
Full text of Us Code United States Code § 1302a — Bureau of Prisons tribal prisoner program, with citation guidance and answers to common questions.
§ 1302a. Bureau of Prisons tribal prisoner program
(1) In general
Not later than 120 days after March 15, 2022, the Director of the Bureau of Prisons shall establish a program under which the Bureau of Prisons shall accept offenders convicted in tribal court pursuant to section 1302 of this title (as amended by this section), subject to the conditions described in paragraph (2).
(2) Conditions
(A) In general
As a condition of participation in the program described in paragraph (1), the tribal court shall submit to the Attorney General a request for confinement of the offender, for approval by the Attorney General (or a designee) by not later than 30 days after the date of submission.
(B) Limitations
Requests for confinement shall be limited to offenders convicted of a violent crime (comparable to the violent crimes described in section 1153(a) of title 18) for which the sentence includes a term of imprisonment of 1 or more years.
(C) Custody conditions
The imprisonment by the Bureau of Prisons shall be subject to the conditions described in section 5003 of title 18, regarding the custody of State offenders, except that the offender shall be placed in the nearest available and appropriate Federal facility, and imprisoned at the expense of the United States.
(D) Cap
The Bureau of Prisons shall confine not more than 100 tribal offenders at any time.
(3) Rescinding requests
(A) In general
The applicable tribal government shall retain the authority to rescind the request for confinement of a tribal offender by the Bureau of Prisons under this paragraph at any time during the sentence of the offender.
(B) Return to tribal custody
On rescission of a request under subparagraph (A), a tribal offender shall be returned to tribal custody.
(4) Reassessment
If tribal court demand for participation in this program exceeds 100 tribal offenders, a representative of the Bureau of Prisons shall notify Congress.
(Pub. L. 111–211, title II, §234(c), July 29, 2010, 124 Stat. 2281; Pub. L. 117–103, div. W, title VIII, §803, Mar. 15, 2022, 136 Stat. 898.)
Editorial Notes
References in Text
Section 1302 of this title (as amended by this section), referred to in par. (1), is section 1302 of this title, as amended by section 234 of Pub. L. 111–211.
Codification
Section was formerly set out as a note under section 1302 of this title.
Section was enacted as part of the Tribal Law and Order Act of 2010, and not as part of the Indian Civil Rights Act of 1968 which comprises this subchapter.
Amendments
2022—Pub. L. 117–103, §803(1), (2), struck out "pilot" before "program" in section catchline and wherever appearing in text.
Par. (1). Pub. L. 117–103, §803(3), substituted "Not later than 120 days after March 15, 2022" for "Not later than 120 days after July 29, 2010".
Par. (2)(B). Pub. L. 117–103, §803(4), substituted "1 or more years" for "2 or more years".
Pars. (5), (6). Pub. L. 117–103, §803(5), struck out pars. (5) and (6) which read as follows:
"(5)
"(6)
Statutory Notes and Related Subsidiaries
Definitions
For definition of "tribal government" as used in this section, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of this title.
About This Section
25 U.S.C. § 1302a is part of Title 25 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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