18 U.S.C. § 4102 — Authority of the Attorney General
submitted 49 years ago by Pub. L. 95-144 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 504 words · no verdicts yet
The Attorney General may carry out treaty-related offender transfers, custody, supervision, transportation, reporting, and regulations. The Attorney General may also delegate this authority to Justice Department officers.
The Attorney General may—
(1) act for the United States as the authority named in a treaty;
(2) receive custody of United States citizens or nationals transferred from foreign countries who are imprisoned, on parole, or on probation, and, as appropriate, confine or supervise them;
(3) transfer imprisoned, paroled, or probationary offenders to the foreign countries of which they are citizens or nationals;
(4) issue regulations to implement these treaties and this chapter properly;
(5) send to foreign countries, and receive from them, certifications and reports required by the treaties;
(6) agree with States to transfer offenders in State custody who are foreign citizens or nationals to their countries, and, when appropriate, confine offenders transferred to the United States in State institutions;
(7) agree and issue regulations for transporting through the United States offenders convicted abroad who are going to a third country to serve their sentences; the requesting country pays the costs;
(8) agree with foreign authorities and issue regulations for transferring and treating juveniles under a treaty; the juvenile’s country pays the costs;
(9) together with the Secretary of Health, Education, and Welfare, arrange with foreign authorities and issue regulations for transferring and treating people accused of offenses who have been found mentally ill; their country pays the costs;
(10) appoint agents to receive from a foreign government United States citizens or nationals being transferred here to serve foreign-court sentences and take them to the place the Attorney General designates. The agent has a United States marshal’s powers in districts crossed as needed for transfer and safekeeping, and in a foreign country has whatever powers that country’s authorities grant; and
(11) delegate this chapter’s authority to Justice Department* officers.
The Attorney General is authorized—
to act on behalf of the United States as the authority referred to in a treaty;
to receive custody of offenders under a sentence of imprisonment, on parole, or on probation who are citizens or nationals of the United States transferred from foreign countries and as appropriate confine them in penal or correctional institutions, or assign them to the parole or probation authorities for supervision;
to transfer offenders under a sentence of imprisonment, on parole, or on probation to the foreign countries of which they are citizens or nationals;
to make regulations for the proper implementation of such treaties in accordance with this chapter and to make regulations to implement this chapter;
to render to foreign countries and to receive from them the certifications and reports required to be made under such treaties;
to make arrangements by agreement with the States for the transfer of offenders in their custody who are citizens or nationals of foreign countries to the foreign countries of which they are citizens or nationals and for the confinement, where appropriate, in State institutions of offenders transferred to the United States;
to make agreements and establish regulations for the transportation through the territory of the United States of offenders convicted in a foreign country who are being transported to a third country for the execution of their sentences, the expenses of which shall be paid by the country requesting the transportation;
to make agreements with the appropriate authorities of a foreign country and to issue regulations for the transfer and treatment of juveniles who are transferred pursuant to treaty, the expenses of which shall be paid by the country of which the juvenile is a citizen or national;
in concert with the Secretary of Health, Education, and Welfare, to make arrangements with the appropriate authorities of a foreign country and to issue regulations for the transfer and treatment of individuals who are accused of an offense but who have been determined to be mentally ill; the expenses of which shall be paid by the country of which such person is a citizen or national;
to designate agents to receive, on behalf of the United States, the delivery by a foreign government of any citizen or national of the United States being transferred to the United States for the purpose of serving a sentence imposed by the courts of the foreign country, and to convey him to the place designated by the Attorney General. Such agent shall have all the powers of a marshal of the United States in the several districts through which it may be necessary for him to pass with the offender, so far as such power is requisite for the offender’s transfer and safekeeping; within the territory of a foreign country such agent shall have such powers as the authorities of the foreign country may accord him;
to delegate the authority conferred by this chapter to officers of the Department* of Justice.
Source credit: (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1214.)
- 1977Enacted · Pub. L. 95-144 · 91 Stat. 1214
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-144 on 1977-10-28.
all 0 arguments · sorted by: best
no arguments yet — make the first case