|
§ 4100. Scope and limitation of
chapter
Release date: 2005-08-03
(a) The provisions of this chapter relating to the
transfer of offenders shall be applicable only when a
treaty providing for such a transfer is in force, and
shall only be applicable to transfers of offenders to
and from a foreign country pursuant to such a treaty. A
sentence imposed by a foreign country upon an offender
who is subsequently transferred to the United States
pursuant to a treaty shall be subject to being fully
executed in the United States even though the treaty
under which the offender was transferred is no longer in
force.
(b) An offender may be transferred from the United
States pursuant to this chapter only to a country of
which the offender is a citizen or national. Only an
offender who is a citizen or national of the United
States may be transferred to the United States. An
offender may be transferred to or from the United States
only with the offender’s consent, and only if the
offense for which the offender was sentenced satisfies
the requirement of double criminality as defined in this
chapter. Once an offender’s consent to transfer has been
verified by a verifying officer, that consent shall be
irrevocable. If at the time of transfer the offender is
under eighteen years of age, or is deemed by the
verifying officer to be mentally incompetent or
otherwise incapable of knowingly and voluntarily
consenting to the transfer, the transfer shall not be
accomplished unless consent to the transfer be given by
a parent or guardian, guardian ad litem, or by an
appropriate court of the sentencing country. The
appointment of a guardian ad litem shall be independent
of the appointment of counsel under section 4109 of this
title.
(c) An offender shall not be transferred to or from the
United States if a proceeding by way of appeal or of
collateral attack upon the conviction or sentence be
pending.
(d) The United States upon receiving notice from the
country which imposed the sentence that the offender has
been granted a pardon, commutation, or amnesty, or that
there has been an ameliorating modification or a
revocation of the sentence shall give the offender the
benefit of the action taken by the sentencing country. |