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18 U.S.C. § 4104 — Transfer of offenders on probation

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4104 — Transfer of offenders on probation

**(a)** Prior to consenting to the transfer to the United States of an offender who is on probation, the Attorney General shall determine that the appropriate United States district court is willing to undertake the supervision of the offender. **(b)** Upon the receipt of an offender on probation from the authorities of a foreign country, the Attorney General shall cause the offender to be brought before the United States district court which is to exercise supervision over the offender. **(c)** The court shall place the offender under supervision of the probation officer of the court. The offender shall be supervised by a probation officer, under such conditions as are deemed appropriate by the court as though probation had been imposed by the United States district court. **(d)** The probation may be revoked in accordance with [section 3565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3565&num=0&edition=prelim) and the applicable provisions of the Federal Rules of Criminal Procedure. A violation of the conditions of probation shall constitute grounds for revocation. If probation is revoked the suspended sentence imposed by the sentencing court shall be executed. **(e)** The provisions of sections 4105 and 4106 of this title shall be applicable following a revocation of probation. **(f)** Prior to consenting to the transfer from the United States of an offender who is on probation, the Attorney General shall obtain the assent of the court exercising jurisdiction over the probationer.

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Source location: Title 18, Chapter 306, § 4104; chapter-306-transfer-to-or-from-foreign-countries.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3565 — Revocation of probation

**(a) Continuation or Revocation.—** If the defendant violates a condition of probation at any time prior to the expiration or termination of the term of probation, the court may, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, and after considering the factors set forth in section 3553(a) to the extent that they are applicable— (1) continue him on probation, with or without extending the term or modifying or enlarging the conditions; or (2) revoke the sentence of probation and resentence the defendant under subchapter A. **(b) Mandatory Revocation for Possession of Controlled Substance or Firearm or Refusal To Comply With Drug Testing.—** If the defendant— (1) possesses a controlled substance in violation of the condition set forth in section 3563(a)(3); (2) possesses a firearm, as such term is defined in [section 921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921&num=0&edition=prelim), in violation of Federal law, or otherwise violates a condition of probation prohibiting the defendant from possessing a firearm; (3) refuses to comply with drug testing, thereby violating the condition imposed by section 3563(a)(4); 11 See References in Text note below. or (4) as a part of drug testing, tests positive for illegal controlled substances more than 3 times over the course of 1 year; the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment. **(c) Delayed Revocation.—** The power of the court to revoke a sentence of probation for violation of a condition of probation, and to impose another sentence, extends beyond the expiration of the term of probation for any period reasonably necessary for the a

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4104 — Transfer of offenders on probation

Page 909 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4105 tory of the United States of offenders con- victed in a foreign country who are being transported to a third country for the execu- tion of their sentences, the expenses of which shall be paid by the country requesting the transportation; (8) to make agreements with the appropriate authorities of a foreign country and to issue regulations for the transfer and treatment of juveniles who are transferred pursuant to trea- ty, the expenses of which shall be paid by the country of which the juvenile is a citizen or national; (9) in concert with the Secretary of Health, Education, and Welfare, to make arrange- ments with the appropriate authorities of a foreign country and to issue regulations for the transfer and treatment of individuals who are accused of an offense but who have been determined to be mentally ill; the expenses of which shall be paid by the country of which such person is a citizen or national; (10) to designate agents to receive, on behalf of the United States, the delivery by a foreign government of any citizen or national of the United States being transferred to the United States for the purpose of serving a sentence imposed by the courts of the foreign country, and to convey him to the place designated by the Attorney General. Such agent shall have all the powers of a marshal of the United States in the several districts through which it may be necessary for him to pass with the offender, so far as such power is requisite for the offender’s transfer and safekeeping; within the territory of a foreign country such agent shall have such powers as the authorities of the foreign country may accord him; (11) to delegate the authority conferred by this chapter to officers

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