§4105 Transfer of Offenders Serving Sentence of Imprisonment

Summary

If a person serving a prison term in another country is transferred into the Attorney General’s custody, they must stay under the Attorney General’s control under the same rules and for the same length of time as if a U.S. court had sent them, for the sentence length the sentencing court set. The person gets credit for days spent in custody before the sentence started for that crime. They also keep any good-time or labor credits the sending country already gave for time served. After transfer, they get additional good-behavior credits based on the time left to serve and at the rate in section 3624(b), using the total sentence length certified by the foreign authorities. Those credits are combined to set a release date under section 3624(a). If the sending country gave no good-time credit, the deduction is computed from the imposed sentence at the rate in section 3624(b). Credits can be withheld as allowed in section 3624(b). Any U.S. sentence imposed while they are serving the foreign term will be added to the foreign sentence the same way as if the foreign term were a U.S. district court sentence.