CITE

    18 USC Sec. 4105                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

HEAD

    Sec. 4105. Transfer of offenders serving sentence of imprisonment

STATUTE

      (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.

SOURCE

    (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
    Stat. 2029.)

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).
                     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.
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