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

Summary

The Secretary in charge may, with the Attorney General’s agreement, send someone convicted under chapter 47 of this title to a foreign country if a treaty allows that transfer. Any such transfer must follow the treaty and chapter 306 of title 18. If the United States is party to a status‑of‑forces agreement that lets it ask for custody of a member of its armed forces held by a foreign court, the Secretary may have that person serve the confinement in a military correctional facility or in any U.S.‑controlled or U.S.‑used prison. Unless the agreement says otherwise, that person must be treated like someone convicted under chapter 47 of this title.

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