18 USC Sec. 4105 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART III - PRISONS AND PRISONERS
CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES
Sec. 4105. Transfer of offenders serving sentence of imprisonment
(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.
(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1215;
amended Pub. L. 98-473, title II, Sec. 223(m)(2), Oct. 12, 1984, 98
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
"(3) A transferred offender may earn extra good time deductions,
as authorized in section 4162 of this title, from the time of
"(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).
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment 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.