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§ 4101. Definitions
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. |