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 of the Department of Justice. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1214.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Education. CERTIFICATION BY ATTORNEY GENERAL TO SECRETARY OF STATE FOR REIMBURSEMENT OF EXPENSES IN- CURRED UNDER TRANSFER TREATY Pub. L. 95–144, § 5(b), Oct. 28, 1977, 91 Stat. 1221, pro- vided that: ‘‘The Attorney General shall certify to the Secretary of State the expenses of the United States re- lated to the return of an offender to the foreign coun- try of which the offender is a citizen or national for which the United States is entitled to seek reimburse- ment from that country under a treaty providing for transfer and reimbursement.’’ § 4103. Applicability of United States laws All laws of the United States, as appropriate, pertaining to prisoners, probationers, parolees, and juvenile offenders shall be applicable to of- fenders transferred to the United States, unless a treaty or this chapter provides otherwise. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1215.) § 4104. Transfer of offenders on probation (a) Prior to consenting to the transfer to the United States of an offender who is on proba- tion, the Attorney General shall determine that the appropriate United States district court is willing to undertake the supervision of the of- fender. (b) Upon the receipt of an offender on proba- tion 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 su- pervision of the probation officer of the court. The offender shall be supervised by a probation officer, under such conditions as are deemed ap- propriate by the court as though probation had been imposed by the United States district court. (d) The probation may be revoked in accord- ance with section 3565 of this title and the appli- cable provisions of the Federal Rules of Crimi- nal Procedure. A violation of the conditions of probation shall constitute grounds for revoca- tion. If probation is revoked the suspended sen- tence imposed by the sentencing court shall be executed. (e) The provisions of sections 4105 and 4106 of this title shall be applicable following a revoca- tion of probation. (f) Prior to consenting to the transfer from the United States of an offender who is on proba- tion, the Attorney General shall obtain the as- sent of the court exercising jurisdiction over the probationer. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1215; amended Pub. L. 107–273, div. B, title IV, § 4002(e)(6), Nov. 2, 2002, 116 Stat. 1810.) Editorial Notes AMENDMENTS 2002—Subsec. (d). Pub. L. 107–273 substituted ‘‘section 3565 of this title and the applicable provisions of’’ for ‘‘section 3653 of this title and rule 32(f) of’’. § 4105. Transfer of offenders serving sentence of imprisonment (a) Except as provided elsewhere in this sec- tion, an offender serving a sentence of imprison- ment in a foreign country transferred to the cus- tody of the Attorney General shall remain in the custody of the Attorney General under the same conditions and for the same period of time as an offender who had been committed to the custody of the Attorney General by a court of the United States for the period of time imposed by the sen- tencing court. (b) The transferred offender shall be given credit toward service of the sentence for any days, prior to the date of commencement of the sentence, spent in custody in connection with the offense or acts for which the sentence was imposed. (c)(1) The transferred offender shall be entitled to all credits for good time, for labor, or any other credit toward the service of the sentence which had been given by the transferring coun- try for time served as of the time of the trans-