[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4106]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
Sec. 4106. Transfer of offenders on parole; parole of offenders
transferred
(a) Upon the receipt of an offender who is on parole from the
authorities of a foreign country, the Attorney General shall assign the
offender to the United States Parole Commission for supervision.
(b) The United States Parole Commission and the Chairman of the
Commission shall have the same powers and duties with reference to an
offender transferred to the United States to serve a sentence of
imprisonment or who at the time of transfer is on parole as they have
with reference to an offender convicted in a court of the United States
except as otherwise provided in this chapter or in the pertinent treaty.
Sections 4201 through 4204; 4205(d), (e), and (h); 4206 through 4215;
and 4218 \1\ of this title shall be applicable.
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\1\ See References in Text note below.
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(c) An offender transferred to the United States to serve a sentence
of imprisonment may be released on parole at such time as the Parole
Commission may determine.
(d) This section shall apply only to offenses committed before
November 1, 1987, and the Parole Commission's performance of its
responsibilities under this section shall be subject to section 235 of
the Comprehensive Crime Control Act of 1984.
(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1216; amended
Pub. L. 98-473, title II, Sec. 223(m)(3), Oct. 12, 1984, 98 Stat. 2029;
Pub. L. 100-182, Sec. 14, Dec. 7, 1987, 101 Stat. 1268; Pub. L. 100-690,
title VII, Sec. 7072(c), Nov. 18, 1988, 102 Stat. 4405.)
References in Text
Sections 4201 through 4204; 4205(d), (e), and (h); 4206 through
4215; and 4218 of this title, referred to in subsec. (b), were repealed
effective Nov. 1, 1987, by Pub. L. 98-473, title II, Secs. 218(a)(5),
235(a)(1), (b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, 2032, subject to
remaining effective for five years after Nov. 1, 1987, in certain
circumstances.
Section 235 of the Comprehensive Crime Control Act of 1984, referred
to in subsec. (d), is set out as an Effective Date note under section
3551 of this title.
Amendments
1988--Subsec. (b). Pub. L. 100-690 substituted ``4215'' for
``4216''.
1987--Pub. L. 100-182 amended section generally. Prior to amendment,
section read as follows:
``(a) Upon the receipt of an offender who is on parole from the
authorities of a foreign country, the Attorney General shall assign the
offender to the United States Probation System for supervision.
``(b) An offender transferred to the United States to serve a
sentence of imprisonment shall be released pursuant to section 3624(a)
of this title after serving the period of time specified in the
applicable sentencing guideline promulgated pursuant to 28 U.S.C.
994(a)(1). He shall be released to serve a term of supervised release
for any term specified in the applicable guideline. The provisions of
section 3742 of this title apply to a sentence to a term of imprisonment
under this subsection, and the United States court of appeals for the
district in which the offender is imprisoned after transfer to the
United States has jurisdiction to review the period of imprisonment as
though it had been imposed by the Unit