§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 ; Sept. 14, 1959, Pub. L. 86–256, 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.

Amendments

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