18 U.S.C. § 4104: Transfer of offenders on…

Summary

The Attorney General must get a U.S. district court to agree to supervise a person on probation before allowing that person to be transferred into the United States. After the person arrives, the Attorney General must bring them before that district court. The court must put the person under a probation officer and set rules for supervision, just as if the court had originally given the probation. If the person breaks the probation rules, the court may revoke probation under section 3565 and the applicable parts of the Federal Rules of Criminal Procedure, and then the suspended sentence can be enforced. Sections 4105 and 4106 apply after revocation. Before agreeing to send a probationer out of the United States, the Attorney General must get the permission of the court that has jurisdiction over the probationer.

Title 18, §4104

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Prior to consenting to the transfer to the United States of an offender who is on probation, the Attorney General shall determine that the appropriate United States district court is willing to undertake the supervision of the offender.

(b)Upon the receipt of an offender on probation from the authorities of a foreign country, the Attorney General shall cause the offender to be brought before the United States district court which is to exercise supervision over the offender.

(c)The court shall place the offender under supervision of the probation officer of the court. The offender shall be supervised by a probation officer, under such conditions as are deemed appropriate by the court as though probation had been imposed by the United States district court.

(d)The probation may be revoked in accordance with section 3565 of this title and the applicable provisions of the Federal Rules of Criminal Procedure. A violation of the conditions of probation shall constitute grounds for revocation. If probation is revoked the suspended sentence imposed by the sentencing court shall be executed.

(e)The provisions of section 4105 and 4106 of this title shall be applicable following a revocation of probation.

(f)Prior to consenting to the transfer from the United States of an offender who is on probation, the Attorney General shall obtain the assent of the court exercising jurisdiction over the probationer.

Editorial Notes

Amendments

2002—Subsec. (d). Pub. L. 107–273 substituted “section 3565 of this title and the applicable provisions of” for “section 3653 of this title and rule 32(f) of”.

§4104 Transfer of Offenders on Probation

Summary

Title 18, §4104

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata