Title 18 — Crimes and Criminal Procedure
Part III · Chapter 303 — Bureau of Prisons
§ 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray
Statutory text
In General.—
The Director of the Bureau of Prisons shall issue, on a routine basis, oleoresin capsicum spray to—
any officer or employee of the Bureau of Prisons who—
is employed in a prison that is not a minimum or low security prison; and
may respond to an emergency situation in such a prison; and
to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section.
Training Requirement.—
In general.—
In order for an officer or employee of the Bureau of Prisons, including a correctional officer, to be eligible to receive and carry oleoresin capsicum spray pursuant to this section, the officer or employee shall complete a training course before being issued such spray, and annually thereafter, on the use of oleoresin capsicum spray.
Transferability of training.—
An officer or employee of the Bureau of Prisons who completes a training course pursuant to paragraph (1) and subsequently transfers to employment at a different prison, shall not be required to complete an additional training course solely due such transfer.
Training conducted during regular employment.—
An officer or employee of the Bureau of Prisons who completes a training course required under paragraph (1) shall do so during the course of that officer or employee’s regular employment, and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer or employee’s regular duties.
Use of Oleoresin Capsicum Spray.—
Officers and employees of the Bureau of Prisons issued oleoresin capsicum spray pursuant to subsection (a) may use such spray to reduce acts of violence—
committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons; and
committed by prison visitors against themselves, prisoners, other visitors, and officers and employees of the Bureau of Prisons.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Eric Williams Correctional Officer Protection Act of 2015
Pub. L. 114–133 § 2(a) · 130 Stat. 296
Enacted · 18 U.S.C. § 4049
(Added Pub. L. 114–133, § 2(a), Mar. 9, 2016, 130 Stat. 296.)
Source evidence
Code source credit
(Added Pub. L. 114–133, § 2(a), Mar. 9, 2016, 130 Stat. 296.)Enacted provision · exact public law section
(a) In General.— Chapter 303 of part III of title 18, United States Code, is amended by adding at the end the following: “§ 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray “(a) In General.— The Director of the Bureau of Prisons shall issue, on a routine basis, oleoresin capsicum spray to— “(1) any officer or employee of the Bureau of Prisons who— “(A) is employed in a prison that is not a minimum or low security prison; and “(B) may respond to an emergency situation in such a prison; and “(2) to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section. “(b) Training Requirement.— “(1) In general.— In order for an officer or employee of the Bureau of Prisons, including a correctional officer, to be eligible to receive and carry oleoresin capsicum spray pursuant to this section, the officer or employee shall complete a training course before being issued such spray, and annually thereafter, on the use of oleoresin capsicum spray. “(2) Transferability of training.— An officer or employee of the Bureau of Prisons who completes a training course pursuant to paragraph (1) and subsequently transfers to employment at a different prison, shall not be required to complete an additional training course solely due such transfer. “(3) Training conducted during regular employment.— An officer or employee of the Bureau of Prisons who completes a training course required under paragraph (1) shall do so during the course of that officer or employee’s regular employment, and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer or employee’s regular duties. “(c) Use of Oleoresin Capsicum Spray.— Officers and employees of the Bureau of Prisons issued oleoresin capsicum spray pursuant to subsection (a) may use such spray to reduce acts of violence— “(1) committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons; and “(2) committed by prison visitors against themselves, prisoners, other visitors, and officers and employees of the Bureau of Prisons.” .
1 of 1 references resolved to an enrolled provision
Credits
(Added Pub. L. 114–133, § 2(a), , 130 Stat. 296.)