18 U.S.C. § 4083 — Penitentiary imprisonment; consent

Page 906 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4083 Subsec. (f). Pub. L. 89–176 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 4083. Penitentiary imprisonment; consent Persons convicted of offenses against the United States or by courts-martial punishable by imprisonment for more than one year may be confined in any United States penitentiary. A sentence for an offense punishable by im- prisonment for one year or less shall not be served in a penitentiary without the consent of the defendant. (June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 86–256, Sept. 14, 1959, 73 Stat. 518.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 753f, 762 (Mar. 2, 1895, ch. 189, § 1, 28 Stat. 957; June 10, 1896, ch. 400, § 1, 29 Stat. 380; May 14, 1930, ch. 274, § 7, 46 Stat. 326; June 14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55 Stat. 743). Said section 762 was condensed and simplified and ex- tended to all penitentiaries instead of to Leavenworth only, since the section is merely declaratory of existing law. (See section 1 of this title classifying offenses and notes thereunder.) The second paragraph is derived from said section 753f of title 18, U.S.C., 1940 ed. Minor changes of phraseology were made. Editorial Notes AMENDMENTS 1959—Pub. L. 86–256 substituted ‘‘punishable by im- prisonment for’’ for ‘‘and sentenced to terms of impris- onment of’’ in first sentence. [§§ 4084, 4085. Repealed. Pub. L. 98–473, title II, § 218(a)(3), Oct. 12, 1984, 98 Stat. 2027] Section 4084, act June 25, 1948, ch. 645, 62 Stat. 850, re- lated to delivery of prisoner with copy of commitment. Section 4085, act June 25, 1948, ch. 645, 62 Stat. 850, re- lated to authority, expense, etc., respecting transfer of Federal prisoner for State offense. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such re- peal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 4086. Temporary safe-keeping of federal offend- ers by marshals United States marshals shall provide for the safe-keeping of any person arrested, or held under authority of any enactment of Congress pending commitment to an institution. (June 25, 1948, ch. 645, 62 Stat. 851.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 691, 692, (R.S. §§ 5537, 5538). Said section 691 of title 18, U.S.C., 1940 ed., is super- seded by sections 753b and 753c of title 18, U.S.C., 1940 ed., which are incorporated in sections 4002, 4003 and 4042 of this title. This section is rewritten to retain the intent of sec- tion 692 of title 18, U.S.C., 1940 ed., which was to insure a safekeeping of United States prisoners until their commitment or confinement in Federal penal institu- tions. The language conforms with that of said sections 692 and 753b. Minor changes were made in phraseology. CHAPTER 306—TRANSFER TO OR FROM FOREIGN COUNTRIES Sec. 4100. Scope and limitation of chapter. 4101. Definitions. 4102. Authority of the Attorney General. 4103. Applicability of United States laws. 4104. Transfer of offenders on probation. 4105. Transfer of offenders serving sentence of im- prisonment. 4106. Transfer of offenders on parole; parole of of- fenders transferred. 4106A. Transfer of offenders on parole; parole of of- fenders transferred. 4107. Verification of consent of offender to transfer from the United States. 4108. Verification of consent of offender to transfer to the United States. 4109. Right to counsel, appointment of counsel. 4110. Transfer of juveniles. 4111. Prosecution barred by foreign conviction. 4112. Loss of rights, disqualification. 4113. Status of alien offender transferred to a for- eign country. 4114. Return of transferred offenders. 4115. Execution of sentences imposing an obliga- tion to make restitution or reparations. Editorial Notes AMENDMENTS 1988—Pub. L. 100–690, title VII, § 7101(c), Nov. 18, 1988, 102 Stat. 4415, added item 4106A. § 4100. Scope and limitation of chapter (a) The provisions of this chapter relating to the transfer of offenders shall be applicable only when a treaty providing for such a transfer is in force, and shall only be applicable to transfers of offenders to and from a foreign country pursu- ant to such a treaty. A sentence imposed by a foreign country upon an offender who is subse- quently transferred to the United States pursu- ant to a treaty shall be subject to being fully ex- ecuted in the United States even though the treaty under which the offender was transferred is no longer in force. (b) An offender may be transferred from the United States pursuant to this chapter only to a country of which the offender is a citizen or na- tional. Only an offender who is a citizen or na- tional of the United States may be transferred to the United States. An offender may be trans- ferred to or from the United States only with the offender’s consent, and only if the offense for which the offender was sentenced satisfies the requirement of double criminality as defined in this chapter. Once an offender’s consent to transfer has been verified by a verifying officer, that consent shall be irrevocable. If at the time of transfer the offender is under eighteen years of age, or is deemed by the verifying officer to be mentally incompetent or otherwise incapable of knowingly and voluntarily consenting to the