18 U.S.C. § 4106 — Transfer of offenders on parole; parole of

Page 910 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4106 1 See References in Text note below. fer. Subsequent to the transfer, the offender shall in addition be entitled to credits toward service of sentence for satisfactory behavior, computed on the basis of the time remaining to be served at the time of the transfer and at the rate provided in section 3624(b) of this title for a sentence of the length of the total sentence imposed and certified by the foreign authorities. These credits shall be combined to provide a re- lease date for the offender pursuant to section 3624(a) of this title. (2) If the country from which the offender is transferred does not give credit for good time, the basis of computing the deduction from the sentence shall be the sentence imposed by the sentencing court and certified to be served upon transfer, at the rate provided in section 3624(b) of this title. (3) Credit toward service of sentence may be withheld as provided in section 3624(b) of this title. (4) Any sentence for an offense against the United States, imposed while the transferred of- fender is serving the sentence of imprisonment imposed in a foreign country, shall be aggre- gated with the foreign sentence, in the same manner as if the foreign sentence was one im- posed by a United States district court for an of- fense against the United States. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1215; amended Pub. L. 98–473, title II, § 223(m)(2), Oct. 12, 1984, 98 Stat. 2029.) Editorial Notes AMENDMENTS 1984—Subsec. (c)(1). Pub. L. 98–473 substituted ‘‘to- ward service of sentence for satisfactory behavior’’ for ‘‘for good time’’, ‘‘3624(b)’’ for ‘‘4161’’, and ‘‘3624(a)’’ for ‘‘4164’’. Subsec. (c)(2). Pub. L. 98–473 substituted ‘‘3624(b)’’ for ‘‘4161’’. Subsec. (c)(3), (4). Pub. L. 98–473 redesignated par. (4) as (3) and amended it generally, and struck out former par. (3). Prior to redesignation and amendment, former pars. (3) and (4) read as follows: ‘‘(3) A transferred offender may earn extra good time deductions, as authorized in section 4162 of this title, from the time of transfer. ‘‘(4) All credits toward service of the sentence, other than the credit for time in custody before sentencing, may be forfeited as provided in section 4165 of this title and may be restored by the Attorney General as pro- vided in section 4166 of this title.’’ Subsec. (c)(5). Pub. L. 98–473 redesignated par. (5) as (4). 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. § 4106. Transfer of offenders on parole; parole of offenders transferred (a) Upon the receipt of an offender who is on parole from the authorities of a foreign country, the Attorney General shall assign the offender to the United States Parole Commission for su- pervision. (b) The United States Parole Commission and the Chairman of the Commission shall have the same powers and duties with reference to an of- fender transferred to the United States to serve a sentence of imprisonment or who at the time of transfer is on parole as they have with ref- erence to an offender convicted in a court of the United States except as otherwise provided in this chapter or in the pertinent treaty. Sections 4201 through 4204; 4205(d), (e), and (h); 4206 through 4215; and 4218 1 of this title shall be ap- plicable. (c) An offender transferred to the United States to serve a sentence of imprisonment may be released on parole at such time as the Parole Commission may determine. (d) This section shall apply only to offenses committed before November 1, 1987, and the Pa- role Commission’s performance of its respon- sibilities under this section shall be subject to section 235 of the Comprehensive Crime Control Act of 1984. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1216; amended Pub. L. 98–473, title II, § 223(m)(3), Oct. 12, 1984, 98 Stat. 2029; Pub. L. 100–182, § 14, Dec. 7, 1987, 101 Stat. 1268; Pub. L. 100–690, title VII, § 7072(c), Nov. 18, 1988, 102 Stat. 4405.) Editorial Notes REFERENCES IN TEXT Sections 4201 through 4204; 4205(d), (e), and (h); 4206 through 4215; and 4218 of this title, referred to in sub- sec. (b), were repealed effective Nov. 1, 1987, by Pub. L. 98–473, title II, §§ 218(a)(5), 235(a)(1), (b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, 2032, subject to remaining effective for five years after Nov. 1, 1987, in certain cir- cumstances. Section 235 of the Comprehensive Crime Control Act of 1984, referred to in subsec. (d), is set out as an Effec- tive Date note under section 3551 of this title. AMENDMENTS 1988—Subsec. (b). Pub. L. 100–690 substituted ‘‘4215’’ for ‘‘4216’’. 1987—Pub. L. 100–182 amended section generally. Prior to amendment, section read as follows: ‘‘(a) Upon the receipt of an offender who is on parole from the authorities of a foreign country, the Attorney General shall assign the offender to the United States Probation System for supervision. ‘‘(b) An offender transferred to the United States to serve a sentence of imprisonment shall be released pur- suant to section 3624(a) of this title after serving the period of time specified in the applicable sentencing guideline promulgated pursuant to 28 U.S.C. 994(a)(1). He shall be released to serve a term of supervised re- lease for any term specified in the applicable guideline. The provisions of section 3742 of this title apply to a sentence to a term of imprisonment under this sub- section, and the United States court of appeals for the district in which the offender is imprisoned after trans- fer to the United States has jurisdiction to review the period of imprisonment as though it had been imposed by the United States district court.’’ 1984—Subsec. (a). Pub. L. 98–473 substituted ‘‘Proba- tion System’’ for ‘‘Parole Commission’’. Subsec. (b). Pub. L. 98–473 amended subsec. (b) gen- erally. Prior to amendment, subsec. (b) read as follows: ‘‘The United States Parole Commission and the Chair- man of the Commission shall have the same powers and duties with reference to an offender transferred to the United States to serve a sentence of imprisonment or Page 911 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4107 who at the time of transfer is on parole as they have with reference to an offender convicted in a court of the United States except as otherwise provided in this chapter or in the pertinent treaty. Sections 4201 through 4204; 4205(d), (e), and (h); 4206 through 4216; and 4218 of this title shall be applicable.’’ Subsec. (c). Pub. L. 98–473 struck out subsec. (c) which read as follows: ‘‘An offender transferred to the United States to serve a sentence of imprisonment may be released on parole at such time as the Parole Com- mission may determine.’’ 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. § 4106A. Transfer of offenders on parole; parole of offenders transferred (a) Upon the receipt of an offender who is on parole from the authorities of a foreign country, the Attorney General shall assign the offender to the United States Parole Commission for su- pervision. (b)(1)(A) The United States Parole Commission shall, without unnecessary delay, determine a release date and a period and conditions of su- pervised release for an offender transferred to the United States to serve a sentence of impris- onment, as though the offender were convicted in a United States district court of a similar of- fense. (B) In making such determination, the United States Parole Commission shall consider— (i) any recommendation of the United States Probation Service, including any rec- ommendation as to the applicable guideline range; and (ii) any documents provided by the transfer- ring country; relating to that offender. (C) The combined periods of imprisonment and supervised release that result from such deter- mination shall not exceed the term of imprison- ment imposed by the foreign court on that of- fender. (D) The duties conferred on a United States probation officer with respect to a defendant by section 3552 of this title shall, with respect to an offender so transferred, be carried out by the United States Probation Service. (2)(A) A determination by the United States Parole Commission under this subsection may be appealed to the United States court of ap- peals for the circuit in which the offender is im- prisoned at the time of the determination of such Commission. Notice of appeal must be filed not later than 45 days after receipt of notice of such determination. (B) The court of appeals shall decide and dis- pose of the appeal in accordance with section 3742 of this title as though the determination ap- pealed had been a sentence imposed by a United States district court. (3) During the supervised release of an offender under this subsection, the United States district court for the district in which the offender re- sides shall supervise the offender. (c) This section shall apply only to offenses committed on or after November 1, 1987. (Added Pub. L. 100–690, title VII, § 7101(a), Nov. 18, 1988, 102 Stat. 4415; amended Pub. L. 101–647, title XXXV, §§ 3599B, 3599C, Nov. 29, 1990, 104 Stat. 4931, 4932.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–647, § 3599B, inserted ‘‘of’’ before sec- ond reference to ‘‘offenders’’ in section catchline. Subsec. (b)(1)(C). Pub. L. 101–647, § 3599C, inserted pe- riod at end. § 4107. Verification of consent of offender to transfer from the United States (a) Prior to the transfer of an offender from the United States, the fact that the offender consents to such transfer and that such consent is voluntary and with full knowledge of the con- sequences thereof shall be verified by a United States magistrate judge or a judge as defined in section 451 of title 28, United States Code. (b) The verifying officer shall inquire of the of- fender whether he understands and agrees that the transfer will be subject to the following con- ditions: (1) only the appropriate courts in the United States may modify or set aside the conviction or sentence, and any proceedings seeking such action may only be brought in such courts; (2) the sentence shall be carried out accord- ing to the laws of the country to which he is to be transferred and that those laws are sub- ject to change; (3) if a court in the country to which he is transferred should determine upon a pro- ceeding initiated by him or on his behalf that his transfer was not accomplished in accord- ance with the treaty or laws of that country, he may be returned to the United States for the purpose of completing the sentence if the United States requests his return; and (4) his consent to transfer, once verified by the verifying officer, is irrevocable. (c) The verifying officer, before determining that an offender’s consent is voluntary and given with full knowledge of the consequences, shall advise the offender of his right to consult with counsel as provided by this chapter. If the offender wishes to consult with counsel before giving his consent, he shall be advised that the proceedings will be continued until he has had an opportunity to consult with counsel. (d) The verifying officer shall make the nec- essary inquiries to determine that the offender’s consent is voluntary and not the result of any promises, threats, or other improper induce- ments, and that the offender accepts the trans- fer subject to the conditions set forth in sub- section (b). The consent and acceptance shall be on an appropriate form prescribed by the Attor- ney General. (e) The proceedings shall be taken down by a reporter or recorded by suitable sound recording equipment. The Attorney General shall main- tain custody of the records. (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1216; amended Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)