---
kind: "section"
citation: "18 U.S.C. § 5003"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "5003"
heading: "Custody of State offenders"
release: "119-102"
url: "https://uscodex.org/usc/18/5003"
units:
  - "Part IV — Correction of Youthful Offenders"
  - "Chapter 401 — General Provisions"
---

# §5003. Custody of State offenders

- (a)
  - (1) The Director of the Bureau of Prisons when proper and adequate facilities and personnel are available may contract with proper officials of a [State](#d) or territory, for the custody, care, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such [State](#d) or territory.
  - (2) Any such contract shall provide—
    - (A) for reimbursing the [United States](/usc/18/5.md) in full for all costs or expenses involved;
    - (B) for receiving in exchange persons convicted of criminal offenses in the courts of the [United States](/usc/18/5.md), to serve their sentence in appropriate institutions or facilities of the [State](#d) or territory by designation as provided in [section 4082(b)](/usc/18/4082.md?p=b)[^1] of this title, this exchange to be made according to formulas or conditions which may be negotiated in the contract; or
    - (C) for compensating the [United States](/usc/18/5.md) by means of a combination of monetary payment and of receipt of persons convicted of criminal offenses in the courts of the [United States](/usc/18/5.md), according to formulas or conditions which may be negotiated in the contract.
  - (3) No such contract shall provide for the receipt of more [State](#d) or territory prisoners by the [United States](/usc/18/5.md) than are transferred to that [State](#d) or territory by such contract.
- (b) Funds received under such contract may be deposited in the Treasury to the credit of the appropriation or appropriations from which the payments for such service were originally made.
- (c) Unless otherwise specifically provided in the contract, a person committed to the Attorney General hereunder shall be subject to all the provisions of law and regulations applicable to persons committed for violations of laws of the [United States](/usc/18/5.md) not inconsistent with the sentence imposed.
- (d) The term “State” as used in this section includes any State, territory, or possession of the [United States](/usc/18/5.md), and the Canal Zone.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added May 9, 1952, ch. 253, § 1, 66 Stat. 68; amended Pub. L. 89–267, § 1, Oct. 19, 1965, 79 Stat. 990; Pub. L. 99–646, § 66, Nov. 10, 1986, 100 Stat. 3615.)

## Notes

### Editorial Notes

### References in Text

Section 4082(b) of this title, referred to in subsec. (a)(2)(B), was repealed, and section 4082(f) was redesignated section 4082(b), by Pub. L. 98–473, title II, § 218(a), Oct. 12, 1984, 98 Stat. 2027.

For definition of Canal Zone, referred to in subsec. (d), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

### Amendments

1986—Subsec. (a). Pub. L. 99–646 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Attorney General, when the Director shall certify that proper and adequate treatment facilities and personnel are available, is hereby authorized to contract with the proper officials of a State or Territory for the custody, care, subsistence, education, treatment, and training of persons convicted of criminal offenses in the courts of such State or Territory: Provided, That any such contract shall provide for reimbursing the United States in full for all costs or other expenses involved.”

1965—Subsec. (d). Pub. L. 89–267 added subsec. (d).