18 U.S.C. § 4113 — Status of alien offender transferred to a

Page 913 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4113 of title 31, the Secretary may make advance payments of travel and transportation ex- penses to counsel appointed under this sub- section. (b) Guardians ad litem appointed by the verifying officer under section 4100 of this title to represent offenders who are financially un- able to provide for compensation and travel ex- penses of the guardian ad litem shall be com- pensated and reimbursed under subsection (a)(1) of this section. (c) The offender shall have the right to advice of counsel in proceedings before the United States Parole Commission under section 4106A of this title and in an appeal from a determina- tion of such Commission under such section. If the offender is financially unable to obtain counsel, counsel for such proceedings and appeal shall be appointed under section 3006A of this title. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218; amended Pub. L. 97–258, § 3(e)(2), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 100–690, title VII, § 7101(d), Nov. 18, 1988, 102 Stat. 4416; Pub. L. 101–647, title XXXV, § 3598, Nov. 29, 1990, 104 Stat. 4931.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–647 substituted ‘‘section 3006A of this title’’ for ‘‘the Criminal Justice Act (18 U.S.C. 3006A)’’ in par. (1) and for ‘‘the Criminal Justice Act (18 U.S.C. 3006(a))’’ in par. (2). 1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1982—Par. (2). Pub. L. 97–258 substituted ‘‘section 3324(a) and (b) of title 31’’ for ‘‘section 3648 of the Re- vised Statutes as amended (31 U.S.C. 529)’’. § 4110. Transfer of juveniles An offender transferred to the United States because of an act which would have been an act of juvenile delinquency had it been committed in the United States or any State thereof shall be subject to the provisions of chapter 403 of this title except as otherwise provided in the rel- evant treaty or in an agreement pursuant to such treaty between the Attorney General and the authority of the foreign country. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218.) § 4111. Prosecution barred by foreign conviction An offender transferred to the United States shall not be detained, prosecuted, tried, or sen- tenced by the United States, or any State there- of for any offense the prosecution of which would have been barred if the sentence upon which the transfer was based had been by a court of the jurisdiction seeking to prosecute the transferred offender, or if prosecution would have been barred by the laws of the jurisdiction seeking to prosecute the transferred offender if the sentence on which the transfer was based had been issued by a court of the United States or by a court of another State. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218.) § 4112. Loss of rights, disqualification An offender transferred to the United States to serve a sentence imposed by a foreign court shall not incur any loss of civil, political, or civic rights nor incur any disqualification other than those which under the laws of the United States or of the State in which the issue arises would result from the fact of the conviction in the foreign country. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218.) § 4113. Status of alien offender transferred to a foreign country (a) An alien who is deportable from the United States but who has been granted voluntary de- parture pursuant to section 240B of the Immi- gration and Nationality Act and who is trans- ferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have voluntarily departed from this country. (b) An alien who is the subject of an order of removal from the United States pursuant to sec- tion 240 of the Immigration and Nationality Act who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been removed from this country. (c) An alien who is the subject of an order of removal from the United States pursuant to sec- tion 240 of the Immigration and Nationality Act, who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been excluded from admission and re- moved from the United States. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1219; amended Pub. L. 104–208, div. C, title III, § 308(d)(4)(U), (e)(1)(Q), (2)(I), (g)(3)(B), (5)(A)(iv), Sept. 30, 1996, 110 Stat. 3009–619, 3009–620, 3009–622, 3009–623.) Editorial Notes REFERENCES IN TEXT Section 240B of the Immigration and Nationality Act, referred to in subsec. (a), is classified to section 1229c of Title 8, Aliens and Nationality. Section 240 of the Immigration and Nationality Act, referred to in subsecs. (b) and (c), is classified to sec- tion 1229a of Title 8. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208, § 308(g)(5)(A)(iv)(I), substituted ‘‘section 240B of the Immigration and Na- tionality Act’’ for ‘‘section 1252(b) or section 1254(e) of title 8, United States Code,’’. Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(iv)(II), sub- stituted ‘‘section 240 of the Immigration and Nation- ality Act’’ for ‘‘section 1252 of title 8, United States Code,’’. Pub. L. 104–208, § 308(e)(1)(Q), (2)(I), substituted ‘‘re- moval’’ for ‘‘deportation’’ and ‘‘removed’’ for ‘‘de- ported’’. Subsec. (c). Pub. L. 104–208, § 308(g)(3)(B), substituted ‘‘240 of the Immigration and Nationality Act’’ for ‘‘1226 of title 8, United States Code’’. Pub. L. 104–208, § 308(d)(4)(U), (e)(2)(I), substituted ‘‘re- moval’’ for ‘‘exclusion and deportation’’ and ‘‘removed’’ for ‘‘deported’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first Page 914 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4114 month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality. § 4114. Return of transferred offenders (a) Upon a final decision by the courts of the United States that the transfer of the offender to the United States was not in accordance with the treaty or the laws of the United States and ordering the offender released from serving the sentence in the United States the offender may be returned to the country from which he was transferred to complete the sentence if the country in which the sentence was imposed re- quests his return. The Attorney General shall notify the appropriate authority of the country which imposed the sentence, within ten days, of a final decision of a court of the United States ordering the offender released. The notification shall specify the time within which the sen- tencing country must request the return of the offender which shall be no longer than thirty days. (b) Upon receiving a request from the sen- tencing country that the offender ordered re- leased be returned for the completion of his sen- tence, the Attorney General may file a com- plaint for the return of the offender with any justice or judge of the United States or any au- thorized magistrate judge within whose jurisdic- tion the offender is found. The complaint shall be upon oath and supported by affidavits estab- lishing that the offender was convicted and sen- tenced by the courts of the country to which his return is requested; the offender was transferred to the United States for the execution of his sentence; the offender was ordered released by a court of the United States before he had com- pleted his sentence because the transfer of the offender was not in accordance with the treaty or the laws of the United States; and that the sentencing country has requested that he be re- turned for the completion of the sentence. There shall be attached to the complaint a copy of the sentence of the sentencing court and of the deci- sion of the court which ordered the offender re- leased. A summons or a warrant shall be issued by the justice, judge or magistrate judge ordering the offender to appear or to be brought before the issuing authority. If the justice, judge, or mag- istrate judge finds that the person before him is the offender described in the complaint and that the facts alleged in the complaint are true, he shall issue a warrant for commitment of the of- fender to the custody of the Attorney General until surrender shall be made. The findings and a copy of all the testimony taken before him and of all documents introduced before him shall be transmitted to the Secretary of State, that a Return Warrant may issue upon the req- uisition of the proper authorities of the sen- tencing country, for the surrender of offender. (c) A complaint referred to in subsection (b) must be filed within sixty days from the date on which the decision ordering the release of the of- fender becomes final. (d) An offender returned under this section shall be subject to the jurisdiction of the coun- try to which he is returned for all purposes. (e) The return of an offender shall be condi- tioned upon the offender being given credit to- ward service of the sentence for the time spent in the custody of or under the supervision of the United States. (f) Sections 3186, 3188 through 3191, and 3195 of this title shall be applicable to the return of an offender under this section. However, an of- fender returned under this section shall not be deemed to have been extradited for any purpose. (g) An offender whose return is sought pursu- ant to this section may be admitted to bail or be released on his own recognizance at any stage of the proceedings. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1219; amended Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ wherever appearing in subsec. (b) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. § 4115. Execution of sentences imposing an obli- gation to make restitution or reparations If in a sentence issued in a penal proceeding of a transferring country an offender transferred to the United States has been ordered to pay a sum of money to the victim of the offense for damage caused by the offense, that penalty or award of damages may be enforced as though it were a civil judgment rendered by a United States dis- trict court. Proceedings to collect the moneys ordered to be paid may be instituted by the At- torney General in any United States district court. Moneys recovered pursuant to such pro- ceedings shall be transmitted through diplo- matic channels to the treaty authority of the transferring country for distribution to the vic- tim. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1220.) CHAPTER 307—EMPLOYMENT Sec. 4121. Federal Prison Industries; board of directors. 4122. Administration of Federal Prison Industries. 4123. New industries. 4124. Purchase of prison-made products by Federal departments. 4125. Public works; prison camps. 4126. Prison Industries Fund; use and settlement of accounts. 4127. Prison Industries report to Congress. 4128. Enforcement by Attorney General. 4129. Authority to borrow and invest. 4130. Additional markets. Editorial Notes AMENDMENTS 2018—Pub. L. 115–391, title VI, § 605(b), Dec. 21, 2018, 132 Stat. 5242, added item 4130. 1990—Pub. L. 101–647, title XXXV, § 3599A, Nov. 29, 1990, 104 Stat. 4931, substituted ‘‘Fund’’ for ‘‘fund’’ in item 4126. 1988—Pub. L. 100–690, title VII, § 7093(b), Nov. 18, 1988, 102 Stat. 4412, added item 4129. § 4121. Federal Prison Industries; board of direc- tors ‘‘Federal Prison Industries’’, a government corporation of the District of Columbia, shall be