§4083. Penitentiary imprisonment; consent

Persons convicted of offenses against the United States or by courts-martial punishable by imprisonment for more than one year may be confined in any United States penitentiary.

A sentence for an offense punishable by imprisonment for one year or less shall not be served in a penitentiary without the consent of the defendant.

(June 25, 1948, ch. 645, 62 Stat. 850 ; Pub. L. 86–256, Sept. 14, 1959, 73 Stat. 518 .)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§753f, 762 (Mar. 2, 1895, ch. 189, §1, 28 Stat. 957 ; June 10, 1896, ch. 400, §1, 29 Stat. 380 ; May 14, 1930, ch. 274, §7, 46 Stat. 326 ; June 14, 1941, ch. 204, 55 Stat. 252 ; Oct. 21, 1941, ch. 453, 55 Stat. 743 ).

Said section 762 was condensed and simplified and extended to all penitentiaries instead of to Leavenworth only, since the section is merely declaratory of existing law. (See section 1 of this title classifying offenses and notes thereunder.)

The second paragraph is derived from said section 753f of title 18, U.S.C., 1940 ed.

Minor changes of phraseology were made.

Editorial Notes

Amendments

1959-Pub. L. 86–256 substituted "punishable by imprisonment for" for "and sentenced to terms of imprisonment of" in first sentence.