Defendants in Custody and Prisoner Management
- The U.S. Marshals Service houses and transports all federal
prisoners from the time they enter federal custody until they are
either acquitted or convicted and delivered to their designated
federal Bureau of Prisons facility.
- The Marshals Service assumes custody for all prisoners charged
with a federal offense, no matter which agency made the arrest.
- Detaining federal prisoners is challenging in its diversity and
complexity. For example, the Marshals Service is responsible for:
- Taking DNA samples of individuals arrested by the
Marshals for an FBI database
- Managing prisoners with terminal illnesses and
- Deciding whether to grant the transfer of prisoners to
state or local authorities when ordered through state writs
General Management Issues
Marshals Service relies on state and local jails as well as
Bureau of Prisons detention facilities to provide medical care
inside the facilities. However, the Marshals Service is
responsible for providing a secure escort and for paying for
care when a prisoner must go to medical facilities in the local
- Health care standards utilized for
prisoners and defendants in custody
Custody and Detention
Individuals who are arrested or detained for violation of federal statutes must be brought before a
magistrate or judge for an initial hearing. After the hearing, prisoners may be released or remanded into
the custody of the respective U.S. Marshal to stand trial. If convicted at the actual trial, it is the agency's
responsibility to deliver the prisoner to an institution to serve the imposed sentence.
Read more about detention services and
The Marshals Service is dependent upon state or local
governments for the provision of detention space and services
for federal prisoners. In support of this requirement,
agreements are established with local and state governments
willing to provide detention space for federal prisoners.
Further Guidance on e-IGA procedures
Criteria used to
evaluate fixed per diem rates based on actual and allowable costs will be in accordance with the Office of Management and Budget
(OMB) Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments. OMB Circular A-87 establishes principles and standards to provide a uniform approach for
determining costs and will be strictly adhered to.