Defendants in Custody and Prisoner Management
The Marshals Service assumes custody of individuals arrested by all federal agencies and is responsible
for the housing and transportation of prisoners from the time they are brought into federal custody until
they are either acquitted or incarcerated.
The responsibility for the detention of prisoners is challenging in its diversity and complexity. Deputy
marshals must resolve issues such as: arranging for the hospitalization and care of prisoners with
terminal illnesses or contagious diseases; finding lodging for dependent children of prisoner and alien
material witnesses; and deciding whether the Marshals Service will grant the transfer of prisoners to state
authorities pursuant to state writs.
General Management Issues
Medical Care
- The
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
community.
- 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
management.
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.
See information to the left 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. |