18 U.S.C. § 4106A — Transfer of offenders on parole; parole of offenders transferredtransferred
submitted 38 years ago by Pub. L. 100-690 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 336 words · no verdicts yet
For offenses committed on or after November 1, 1987, the Parole Commission must promptly set a release date and supervised-release terms for an offender transferred to the United States as if a similar United States conviction occurred. The determination may be appealed, and the district court where the offender lives supervises release.
(a) When the United States receives an offender on parole from a foreign country, the Attorney General must assign the offender to the United States Parole Commission for supervision. (b)(1)(A) Without unnecessary delay, the Commission must set a release date and the length and conditions of supervised release for a transferred offender serving imprisonment as if a United States district court had convicted the offender of a similar offense. (B) It must consider (i) any United States Probation Service recommendation, including the applicable guideline range, and (ii) documents from the transferring country about the offender. (C) Imprisonment plus supervised release may not exceed the foreign court’s imprisonment term. (D) The Probation Service performs the duties section 3552 gives a probation officer regarding a defendant. (2)(A) The offender may appeal the Commission’s determination to the court of appeals for the circuit where the offender is imprisoned. The notice must be filed within 45 days after receiving notice of the determination. (B) The court decides the appeal under section 3742 as if the determination were a United States district court sentence. (3) During supervised release, the district court for the district where the offender lives supervises the offender. (c) This section applies only to offenses committed on or after November 1, 1987.
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.
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.
In making such determination, the United States Parole Commission shall consider—
any recommendation of the United States Probation Service, including any recommendation as to the applicable guideline range; and
any documents provided by the transferring country;
relating to that offender.
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.
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.
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.
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.
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.
This section shall apply only to offenses committed on or after November 1, 1987.
Source credit: (Added Pub. L. 100–690, title VII, § 7101(a), Nov. 18, 1988, 102 Stat. 4415; amended Pub. L. 101–647, title XXXV, §§ 3599B, 3599C, Nov. 29, 1990, 104 Stat. 4931, 4932.)
- 1988Enacted · Pub. L. 100-690 · 102 Stat. 4415
- 1990Amended · Pub. L. 101-647 · 104 Stat. 4931, 4932
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-690 on 1988-11-18.
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