Chapter 306, Section 4106 · 18 U.S.C. Chapter 306 — TRANSFER TO OR FROM FOREIGN COUNTRIES

Contents

4106Transfer 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 supervision.

(b)The United States Parole Commission and the Chairman 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 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 4215; and 4218 1 of this title shall be applicable.

(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 Parole Commission’s performance of its responsibilities under this section shall be subject to section 235 of the Comprehensive Crime Control Act of 1984.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 11

Show every defined term

double criminality
means that at the time of transfer of an offender the offense for which he has been sentenced is still an offense in the transferring country and is also an offense in the receiving country.
imprisonment
means a penalty imposed by a court under which the individual is confined to an institution;
juvenile
means—
juvenile delinquency
means—
offender
means a person who has been convicted of an offense or who has been adjudged to have committed an act of juvenile delinquency;
parole
means any form of release of an offender from imprisonment to the community by a releasing authority prior to the expiration of his sentence, subject to conditions imposed by the releasing authority and to its supervision, including a term of supervised release pursuant to section 3583;
probation
means any form of a sentence under which the offender is permitted to remain at liberty under supervision and subject to conditions for the breach of which a penalty of imprisonment may be ordered executed;
sentence
means not only the penalty imposed but also the judgment of conviction in a criminal case or a judgment of acquittal in the same proceeding, or the adjudication of delinquency in a juvenile delinquency proceeding or dismissal of allegations of delinquency in the same proceedings;
State
means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States;
transfer
means a transfer of an individual for the purpose of the execution in one country of a sentence imposed by the courts of another country;
treaty
means a treaty under which an offender sentenced in the courts of one country may be transferred to the country of which he is a citizen or national for the purpose of serving the sentence.