18 U.S.C. § 3050 | Bureau of Prisons employees’ powers

An officer or employee of the Bureau of Prisons may—

(1)

make arrests on or off of Bureau of Prisons property without warrant for violations of the following provisions regardless of where the violation may occur: sections 111 (assaulting officers), 751 (escape), and 752 (assisting escape) of title 18, United States Code, and section 1826(c) (escape) of title 28, United States Code;

(2)

make arrests on Bureau of Prisons premises or reservation land of a penal, detention, or correctional facility without warrant for violations occurring thereon of the following provisions: sections 661 (theft), 1361 (depredation of property), 1363 (destruction of property), 1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of title 18, United States Code; and

(3)

arrest without warrant for any other offense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a penal or correctional facility of the Bureau of Prisons if necessary to safeguard security, good order, or government property;

if such officer or employee has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of such person’s escaping before an arrest warrant can be obtained. If the arrested person is a fugitive from custody, such prisoner shall be returned to custody. Officers and employees of the said Bureau of Prisons may carry firearms under such rules and regulations as the Attorney General may prescribe.

June 25, 1948, ch. 645 62 Stat. 817 Pub. L. 99–646, § 65Nov. 10, 1986100 Stat. 3615(, ; , , .)

Historical and Revision Notes

June 29, 1940, ch. 449, § 5 54 Stat. 693Based on title 18, U.S.C., 1940 ed., § 753k (, ).

section 1792 of this titleSection was broadened to include authority to make arrests for mutiny, riot or traffic in dangerous instrumentalities, by reference to .

Minor changes were made in phraseology and provision for taking arrested person before magistrate was omitted as covered by rule 5(a) of the Federal Rules of Criminal Procedure.

Editorial Notes

Amendments

Pub. L. 99–6461986— amended first sentence generally and substituted “such prisoner” for “he” in second sentence. Prior to amendment, first sentence read as follows: “An officer or employee of the Bureau of Prisons of the Department of Justice may make arrests without warrant for violations of any of the provisions of sections 751, 752, 1791, or 1792 of this title, if he has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of his escaping before a warrant can be obtained for his arrest.”

Executive Documents

Transfer of Functions

May 24, 195064 Stat. 1261Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. , 15 F.R. 3173, , set out in the Appendix to Title 5, Government Organization and Employees.