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Title 18 — Crimes and Criminal ProcedureRelease 119-73not60

§4104 Transfer of Offenders on Probation

Title 18 › Part III— PRISONS AND PRISONERS › Chapter 306— TRANSFER TO OR FROM FOREIGN COUNTRIES › § 4104

Last updated Apr 5, 2026|Official source

Summary

Before an offender on probation is transferred into the United States, the Attorney General must make sure a U.S. district court will take over supervision. After the offender arrives, the Attorney General must bring them before that court. The court assigns a probation officer and sets rules like if it had sentenced the person. Probation can be ended under section 3565 and the Federal Rules of Criminal Procedure, and any suspended sentence must then be carried out. Sections 4105 and 4106 apply after revocation. Before sending a probationer out of the United States, the Attorney General must get the court’s assent.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

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”.

Reference

Citations & Metadata

Citation

18 U.S.C. § 4104

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60