Title 18Crimes and Criminal ProcedureRelease 119-73

§4105 Transfer of offenders serving sentence of imprisonment

Title 18 › Part PART III— - PRISONS AND PRISONERS › Chapter CHAPTER 306— - TRANSFER TO OR FROM FOREIGN COUNTRIES › § 4105

Last updated Apr 6, 2026|Official source

Summary

When a person serving a prison term in another country is transferred to the custody of the Attorney General, they must stay under the Attorney General’s custody and under the same kinds of rules and for the same length of time as if a U.S. court had sent them to federal custody for the sentence the court gave. The person gets credit for days they spent in custody before the sentence started. Any credits the sending country already gave (like good time or work credits) count. After transfer, the person also earns good-behavior credits based on the time still left to serve and at the rate in section 3624(b) for the full sentence length certified by the foreign authorities. Those credits are combined to set a release date under section 3624(a). If the sending country gave no good-time credit, the calculation uses the sentence certified to be served and the rate in section 3624(b). Credits may be withheld as allowed by section 3624(b). If the person gets a U.S. sentence while serving the foreign sentence, the U.S. sentence is added to the foreign sentence as if the foreign sentence were a U.S. district court sentence.

Full Legal Text

Title 18, §4105

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Except as provided elsewhere in this section, an offender serving a sentence of imprisonment in a foreign country transferred to the custody of the Attorney General shall remain in the custody of the Attorney General under the same conditions and for the same period of time as an offender who had been committed to the custody of the Attorney General by a court of the United States for the period of time imposed by the sentencing court.
(b)The transferred offender shall be given credit toward service of the sentence for any days, prior to the date of commencement of the sentence, spent in custody in connection with the offense or acts for which the sentence was imposed.
(c)(1)The transferred offender shall be entitled to all credits for good time, for labor, or any other credit toward the service of the sentence which had been given by the transferring country for time served as of the time of the transfer. 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 release 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 offender is serving the sentence of imprisonment imposed in a foreign country, shall be aggregated with the foreign sentence, in the same manner as if the foreign sentence was one imposed by a United States district court for an offense against the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (c)(1). Pub. L. 98–473 substituted “toward 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 provided 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 4105

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73