§955 — Title 10 Armed Forces | U.S. Code

Summary

When a treaty lets the U.S. transfer convicted people to another country, the Secretary concerned, with the Attorney General’s agreement, may send anyone convicted under chapter 47 to that country, following the treaty and chapter 306 of title 18. When a status‑of‑forces agreement lets the U.S. request custody of a service member jailed abroad, the Secretary may confine them in a U.S. military or other U.S.‑controlled facility, and they will be treated as an offender under chapter 47 unless the agreement says otherwise.

Title 10, §955

Armed Forces — Source: USLM XML via OLRC

(a)When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders, the Secretary concerned may, with the concurrence of the Attorney General, transfer to such foreign country any offender against chapter 47 of this title. Such transfer shall be effected subject to the terms of such treaty and chapter 306 of title 18.

(b)Whenever the United States is party to an agreement on the status of forces under which the United States may request that it take custody of a prisoner belonging to its armed forces who is confined by order of a foreign court, the Secretary concerned may provide for the carrying out of the terms of such confinement in a military correctional facility of his department or in any penal or correctional institution under the control of the United States or which the United States may be allowed to use. Except as otherwise specified in such agreement, such person shall be treated as if he were an offender against chapter 47 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (a). Pub. L. 96–513 substituted “such” for “said” in two places, “Such” for “Said”, and struck out “, United States Code” after “18”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

§955 Prisoners transferred to or from foreign countries