25 U.S.C. § 1302a

Current through P.L. 117-164 (published on www.congress.gov on
Section 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.

25 U.S.C. § 1302a

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.


REFERENCES IN TEXTSection 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.

CODIFICATIONSection 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.

AMENDMENTS2022- 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) REPORT.-Not later than 3 years after the date of establishment of the pilot program, the Attorney General shall submit to Congress a report describing the status of the program, including recommendations regarding the future of the program, if any."(6) TERMINATION.-Except as otherwise provided by an Act of Congress, the pilot program under this paragraph shall expire on the date that is 4 years after the date on which the program is established."

DEFINITIONSFor 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.