18 U.S.C. § 4101 — Definitions

submitted 49 years ago by Pub. L. 95-144 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 467 words · no verdicts yet

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This chapter defines the key terms used for transferring offenders between countries. The definitions cover double criminality, imprisonment, juvenile status and delinquency, offender, parole, probation, sentence, State, transfer, and treaty.

In this chapter: (a) “Double criminality” means that, when an offender is transferred, the offense remains an offense in both the transferring and receiving countries. In a federal country, it is enough that the act violates federal law or a state or province’s law. (b) “Imprisonment” means a court-imposed penalty confining someone in an institution. (c) “Juvenile” means a person under 18, or, for chapter 403 proceedings and disposition based on juvenile delinquency, under 21. (d) “Juvenile delinquency” means a juvenile’s violation of United States, State, or foreign law that would be a crime for an adult, or a juvenile’s noncriminal act for which United States, State, or foreign juvenile authorities may provide supervision or treatment. (e) “Offender” means someone convicted of an offense or adjudged to have committed juvenile delinquency. (f) “Parole” means any release from imprisonment to the community before the sentence ends, subject to conditions and supervision, including supervised release under section 3583. (g) “Probation” means a sentence allowing liberty under supervision and conditions whose breach may lead to imprisonment. (h) “Sentence” includes the penalty and the criminal conviction judgment, acquittal judgment, juvenile-delinquency adjudication, or dismissal of delinquency allegations in the same proceeding. (i) “State” means a United States State, the District of Columbia, Puerto Rico, or a United States territory or possession. (j) “Transfer” means moving a person so one country carries out a sentence imposed by another country’s courts. (k) “Treaty” means an agreement allowing an offender sentenced in one country to move to the country of citizenship or nationality to serve the sentence.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1213; amended Pub. L. 98–473, title II, § 223(m)(1), Oct. 12, 1984, 98 Stat. 2029.)

history & why it existsrecord from the source credit

1977Enacted · Pub. L. 95-144 · 91 Stat. 1213
1984Amended · Pub. L. 98-473 · 98 Stat. 2029

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-144 on 1977-10-28.

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