§ 4101. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4101]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
Sec. 4101. Definitions
As used in this chapter the term--
(a) ``double criminality'' means that at the time of transfer of
an offender the offense for which he has been sentenced is still an
offense in the transferring country and is also an offense in the
receiving country. With regard to a country which has a federal form
of government, an act shall be deemed to be an offense in that
country if it is an offense under the federal laws or the laws of
any state or province thereof;
(b) ``imprisonment'' means a penalty imposed by a court under
which the individual is confined to an institution;
(c) ``juvenile'' means--
(1) a person who is under eighteen years of age; or
(2) for the purpose of proceedings and disposition under
chapter 403 of this title because of an act of juvenile
delinquency, a person who is under twenty-one years of age;
(d) ``juvenile delinquency'' means--
(1) a violation of the laws of the United States or a State
thereof or of a foreign country committed by a juvenile which
would have been a crime if committed by an adult; or
(2) noncriminal acts committed by a juvenile for which
supervision or treatment by juvenile authorities of the United
States, a State thereof, or of the foreign country concerned is
authorized;
(e) ``offender'' means a person who has been convicted of an
offense or who has been adjudged to have committed an act of
juvenile delinquency;
(f) ``parole'' means any form of release of an offender from
imprisonment to the community by a releasing authority prior to the
expiration of his sentence, subject to conditions imposed by the
releasing authority and to its supervision, including a term of
supervised release pursuant to section 3583;
(g) ``probation'' means any form of a sentence under which the
offender is permitted to remain at liberty under supervision and
subject to conditions for the breach of which a penalty of
imprisonment may be ordered executed;
(h) ``sentence'' means not only the penalty imposed but also the
judgment of conviction in a criminal case or a judgment of acquittal
in the same proceeding, or the adjudication of delinquency in a
juvenile delinquency proceeding or dismissal of allegations of
delinquency in the same proceedings;
(i) ``State'' means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States;
(j) ``transfer'' means a transfer of an individual for the
purpose of the execution in one country of a sentence imposed by the
courts of another country; and
(k) ``treaty'' means a treaty under which an offender sentenced
in the courts of one country may be transferred to the country of
which he is a citizen or national for the purpose of serving the
sentence.
(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1213; amended
Pub. L. 98-473, title II, Sec. 223(m)(1), Oct. 12, 1984, 98 Stat. 2029.)
Amendments
1984--Subsec. (f). Pub. L. 98-473 inserted ``including a term of
supervised release pursuant to section 3583'' after ``supervision''.
Subsec. (g). Pub. L. 98-473 substituted ``under which'' for ``to a
penalty of imprisonment the execution of which is suspended'' and ``a''
for ``the suspended'' before ``penalty''.
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.
