§4114 Return of transferred offenders

Summary

If a U.S. court finally rules that moving a prisoner here violated a treaty or U.S. law and orders the prisoner released, the prisoner can be sent back to the country that first sentenced him if that country asks for his return. The Attorney General must tell the proper authority in the sentencing country within 10 days of the final U.S. decision and must give that country no more than 30 days to ask for the prisoner back. If the sentencing country asks for return, the Attorney General can file a sworn complaint with a U.S. judge where the prisoner is found. The complaint must show the person was convicted and sentenced abroad, was transferred here, was ordered released because the transfer was improper, and that the sentencing country asked for return. Copies of the foreign sentence and the U.S. release decision must be attached. A judge can order the prisoner brought in, commit him to the Attorney General, and send findings and documents to the Secretary of State so a return warrant can be issued. The complaint must be filed within 60 days after the release order becomes final. A returned prisoner becomes fully under the laws of the receiving country and must get credit for time spent in U.S. custody. Federal rules in sections 3186, 3188–3191, and 3195 apply, but the return is not treated as an extradition. The prisoner may be admitted to bail or released on his own recognizance at any stage.