BOP Program Statement 5140.41 § 2

There are two civil contempt statutes.

a. Title 28, U.S.C., § 1826 provides:

“Whenever a witness in any proceeding before or ancillary to any court or grand jury of the

United States refuses without just cause shown to comply with an order of the court to testify or

provide other information, including any book, paper, document, record, recording or other

material, the court, upon such refusal, or when such refusal is duly brought to its attention, may

summarily order his confinement at a suitable place until such time as the witness is willing to

give such testimony or provide such information. No period of such confinement shall exceed the

life of–

(1) the court proceeding, or

(2) the term of the grand jury, including extensions, before which such refusal to comply with the

court order occurred, but in no event shall such confinement exceed eighteen months.”

P5140.41 4/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 2

A civil contempt commitment under this section may end in any one of the following four ways;

the actual manner dependent upon which circumstance occurs first.

■ The person purges him-/herself of contempt by cooperating with the court.

■ The court proceedings terminate.

■ The period of imprisonment (not to exceed 18 months) expires.

■ The term of the grand jury expires.

b. Title 18 U.S.C. § 401 provides:

“A court of the United States shall have power to punish by fine or imprisonment, or both, at its

discretion, such contempt of its authority, and none other, as–

(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration

of justice;

(2) Misbehavior of any of its officers in their official transactions;

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.”

A civil contempt commitment under this section is under the sole jurisdiction of the court and

has no time limit. The commitment will not terminate until the inmate purges himself or herself

of the contempt or until the court orders the commitment terminated.