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2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 1302a Bureau of Prisons tribal prisoner program us united_states_code code_section 25 INDIANS 15 CONSTITUTIONAL RIGHTS OF INDIANS 1302a 25 U.S.C. § 1302a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s1302a data/legal/raw/us/code/title-25/usc25.xml be0fc76722dc8a06cf3e01eadb159b2c6374d0aea0668739f15f190ceaf120ca d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 d1598ef9ee55c4a7c4f28c62295c9c2d8e272130ca49aaca99901d6d7aedd135 2026-07-04 official
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25 U.S.C. § 1302a - Bureau of Prisons tribal prisoner program

Text

(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. 111211, title II, § 234(c), July 29, 2010, 124 Stat. 2281; Pub. L. 117103, div. W, title VIII, § 803, Mar. 15, 2022, 136 Stat. 898.)

Notes

Editorial Notes

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. 111211.

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.

Amendments2022—Pub. L. 117103, § 803(1), (2), struck out “pilot” before “program” in section catchline and wherever appearing in text. Par. (1). Pub. L. 117103, § 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. 117103, § 803(4), substituted “1 or more years” for “2 or more years”. Pars. (5), (6). Pub. L. 117103, § 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.”

Statutory Notes and Related Subsidiaries

Definitions For definition of “tribal government” as used in this section, see section 203(a) of Pub. L. 111211, set out as a note under section 2801 of this title.