§ 4105. — Transfer of offenders serving sentence of imprisonment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4105]
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 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.
Section Referred to in Other Sections
This section is referred to in section 4104 of this title.
