§ 4106A. — Transfer of offenders on parole; parole of offenders transferred.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4106A]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
Sec. 4106A. 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)(1)(A) The United States Parole Commission shall, without
unnecessary delay, determine a release date and a period and conditions
of supervised release for an offender transferred to the United States
to serve a sentence of imprisonment, as though the offender were
convicted in a United States district court of a similar offense.
(B) In making such determination, the United States Parole
Commission shall consider--
(i) any recommendation of the United States Probation Service,
including any recommendation as to the applicable guideline range;
and
(ii) any documents provided by the transferring country;
relating to that offender.
(C) The combined periods of imprisonment and supervised release that
result from such determination shall not exceed the term of imprisonment
imposed by the foreign court on that offender.
(D) The duties conferred on a United States probation officer with
respect to a defendant by section 3552 of this title shall, with respect
to an offender so transferred, be carried out by the United States
Probation Service.
(2)(A) A determination by the United States Parole Commission under
this subsection may be appealed to the United States court of appeals
for the circuit in which the offender is imprisoned at the time of the
determination of such Commission. Notice of appeal must be filed not
later than 45 days after receipt of notice of such determination.
(B) The court of appeals shall decide and dispose of the appeal in
accordance with section 3742 of this title as though the determination
appealed had been a sentence imposed by a United States district court.
(3) During the supervised release of an offender under this
subsection, the United States district court for the district in which
the offender resides shall supervise the offender.
(c) This section shall apply only to offenses committed on or after
November 1, 1987.
(Added Pub. L. 100-690, title VII, Sec. 7101(a), Nov. 18, 1988, 102
Stat. 4415; amended Pub. L. 101-647, title XXXV, Secs. 3599B, 3599C,
Nov. 29, 1990, 104 Stat. 4931, 4932.)
Amendments
1990--Pub. L. 101-647, Sec. 3599B, inserted ``of'' before second
reference to ``offenders'' in section catchline.
Subsec. (b)(1)(C). Pub. L. 101-647, Sec. 3599C, inserted period at
end.
Section Referred to in Other Sections
This section is referred to in sections 3006A, 4109 of this title.
