Title 18Crimes and Criminal ProcedureRelease 119-73

§4106A Transfer of offenders on parole; parole of offenders transferred

Title 18 › Part PART III— - PRISONS AND PRISONERS › Chapter CHAPTER 306— - TRANSFER TO OR FROM FOREIGN COUNTRIES › § 4106A

Last updated Apr 6, 2026|Official source

Summary

When a person on parole from another country comes to the United States, the Attorney General must place them under the U.S. Parole Commission’s supervision. If the person is sent to the U.S. to serve a prison term, the Parole Commission must quickly set a release date and the length and rules of any supervised release. The Commission must treat the case like a similar federal conviction and must consider recommendations from the U.S. Probation Service and any papers from the sending country. Time in prison plus supervised release cannot be longer than the sentence given by the foreign court. The U.S. Probation Service will carry out the usual probation officer duties. The person can appeal the Parole Commission’s decision to the U.S. court of appeals for the circuit where they are imprisoned. They must file notice of appeal within 45 days. The appeals court must handle the case the same way it would an appeal of a federal sentence. While on supervised release, the U.S. district court where the person lives will supervise them. The rules apply only to crimes committed on or after November 1, 1987.

Full Legal Text

Title 18, §4106A

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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)(1)(A)The United States Parole Commission shall, without unnecessary delay, determine a release date and a period and conditions of supervised release for an offender transferred to the United States to serve a sentence of imprisonment, as though the offender were convicted in a United States district court of a similar offense.
(B)In making such determination, the United States Parole Commission shall consider—
(i)any recommendation of the United States Probation Service, including any recommendation as to the applicable guideline range; and
(ii)any documents provided by the transferring country;
(C)The combined periods of imprisonment and supervised release that result from such determination shall not exceed the term of imprisonment imposed by the foreign court on that offender.
(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 appeals for the circuit in which the offender is imprisoned 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 dispose of the appeal in accordance with section 3742 of this title as though the determination appealed 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 resides shall supervise the offender.
(c)This section shall apply only to offenses committed on or after November 1, 1987.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Pub. L. 101–647, § 3599B, inserted “of” before second reference to “offenders” in section catchline. Subsec. (b)(1)(C). Pub. L. 101–647, § 3599C, inserted period at end.

Reference

Citations & Metadata

Citation

18 U.S.C. § 4106A

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73