§ 3050. — Bureau of Prisons employees' powers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3050]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 203--ARREST AND COMMITMENT
Sec. 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, Sec. 65, Nov. 10,
1986, 100 Stat. 3615.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 753k (June 29, 1940, ch.
449, Sec. 5, 54 Stat. 693).
Section was broadened to include authority to make arrests for
mutiny, riot or traffic in dangerous instrumentalities, by reference to
section 1792 of this title.
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.
Amendments
1986--Pub. L. 99-646 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.''
Transfer of Functions
Functions 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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set
out in the Appendix to Title 5, Government Organization and Employees.
