|
§ 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.
|