Section 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, §7101(a), Nov. 18, 1988, 102 Stat. 4415; amended Pub. L. 101-647, title XXXV, §§3599B, Nov. 29, 1990, 3599C, Nov. 29, 1990, 104 Stat. 4931, 4932.EDITORIAL NOTES
AMENDMENTS1990- Pub. L. 101-647, §3599B, inserted "of" before second reference to "offenders" in section catchline.Subsec. (b)(1)(C). Pub. L. 101-647, §3599C, inserted period at end.
- imprisonment
- "imprisonment" means a penalty imposed by a court under which the individual is confined to an institution;
- offender
- "offender" means a person who has been convicted of an offense or who has been adjudged to have committed an act of juvenile delinquency;
- parole
- "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;
- probation
- "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;
- sentence
- "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;