18 U.S.C. § 4105: Transfer of offenders…

Summary

When a person serving a prison term in another country is brought into U.S. custody, they stay under the Attorney General and must serve the same time and conditions as if a U.S. court had given the sentence. They get credit for days spent in custody before the sentence began that relate to the crime. Any time-credit the foreign country already gave for good conduct, work, or other reductions counts. After transfer, the person also gets good-behavior credits on the remaining time at the rate in section 3624(b), based on the total sentence certified by the foreign authorities. If the foreign country gave no good-time credit, the 3624(b) rate is used on the certified sentence. Credits can be withheld as allowed in section 3624(b). Any U.S. sentence imposed while the person is serving the foreign term is added together with that foreign sentence as if the foreign sentence were a U.S. sentence.

Title 18, §4105

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Except as provided elsewhere in this section, an offender serving a sentence of imprisonment in a foreign country transferred to the custody of the Attorney General shall remain in the custody of the Attorney General under the same conditions and for the same period of time as an offender who had been committed to the custody of the Attorney General by a court of the United States for the period of time imposed by the sentencing court.

(b)The transferred offender shall be given credit toward service of the sentence for any days, prior to the date of commencement of the sentence, spent in custody in connection with the offense or acts for which the sentence was imposed.

(c)(1)The transferred offender shall be entitled to all credits for good time, for labor, or any other credit toward the service of the sentence which had been given by the transferring country for time served as of the time of the transfer. Subsequent to the transfer, the offender shall in addition be entitled to credits toward service of sentence for satisfactory behavior, computed on the basis of the time remaining to be served at the time of the transfer and at the rate provided in section 3624(b) of this title for a sentence of the length of the total sentence imposed and certified by the foreign authorities. These credits shall be combined to provide a release date for the offender pursuant to section 3624(a) of this title.

(2)If the country from which the offender is transferred does not give credit for good time, the basis of computing the deduction from the sentence shall be the sentence imposed by the sentencing court and certified to be served upon transfer, at the rate provided in section 3624(b) of this title.

(3)Credit toward service of sentence may be withheld as provided in section 3624(b) of this title.

(4)Any sentence for an offense against the United States, imposed while the transferred offender is serving the sentence of imprisonment imposed in a foreign country, shall be aggregated with the foreign sentence, in the same manner as if the foreign sentence was one imposed by a United States district court for an offense against the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (c)(1). Pub. L. 98–473 substituted “toward service of sentence for satisfactory behavior” for “for good time”, “3624(b)” for “4161”, and “3624(a)” for “4164”. Subsec. (c)(2). Pub. L. 98–473 substituted “3624(b)” for “4161”. Subsec. (c)(3), (4). Pub. L. 98–473 redesignated par. (4) as (3) and amended it generally, and struck out former par. (3). Prior to redesignation and amendment, former pars. (3) and (4) read as follows: “(3) A transferred offender may earn extra good time deductions, as authorized in section 4162 of this title, from the time of transfer. “(4) All credits toward service of the sentence, other than the credit for time in custody before sentencing, may be forfeited as provided in section 4165 of this title and may be restored by the Attorney General as provided in section 4166 of this title.” Subsec. (c)(5). Pub. L. 98–473 redesignated par. (5) as (4).

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an

Effective Date

note under section 3551 of this title.

§4105 Transfer of Offenders Serving Sentence of Imprisonment

Summary

Title 18, §4105

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata