U.S. Code » Title 18 » Part PART III— PRISONS AND PRISONERS › Chapter CHAPTER 306— TRANSFER TO OR FROM FOREIGN COUNTRIES

18 U.S.C. § 4101

Definitions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
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.(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1213; amended Pub. L. 98–473, title II, § 223(m)(1), Oct. 12, 1984, 98 Stat. 2029.)Editorial NotesAmendments

1984—Subsec. (f). Pub. L. 98–473 inserted “including a term of supervised release pursuant to section 3583” after “supervision”.

Subsec. (g). Pub. L. 98–473 substituted “under which” for “to a penalty of imprisonment the execution of which is suspended” and “a” for “the suspended” before “penalty”.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1972–2025 · leading case: People v. Manuel P., 215 Cal. App. 3d 48 (Cal. Ct. App. 1989).
Sort: Relevance Newest Treatment
People v. Manuel P., 215 Cal. App. 3d 48 (Cal. Ct. App. 1989). · cites it 6× “” ( 18 U.S.C.A. § 4101 (j).) 10 (Italics added.”
Kimes v. Univ. of Scranton, 126 F. Supp. 3d 477 (M.D. Penn. 2015). · cites it 3× “In that vein, she points to two federal statutes that Captain Cadugan purportedly violated when he altered her police report — 18 U.S.C. §§ 4101 and 4104. (ECF No. 24, ¶ 52).”
United States v. John Edmund Patterson, 812 F.2d 1188 (9th Cir. 1987). · cites it 2× “for any offense the prosecution of which would have been barred if the sentence upon which the *1191 transfer was based had been by a court of the jurisdiction seeking to prosecute the transferred offender____ The statute defines “offender” as “a person who has been convicted of…”
Jonah R. v. Gilbert Carmona, 446 F.3d 1000 (9th Cir. 2006). “For example, the FJDA provides for federal jurisdiction over “a juvenile alleged to have committed an act of juvenile delinquency” if the Attorney General certifies that “the offense charged is a crime of violence.”
United States v. Molina-Gazca, 571 F.3d 470 (5th Cir. 2009). “§ 3581 (same); 18 U.S.C. § 4101 (b) (referring to imprisonment in the context of transfers to foreign countries and defining imprisonment as “a penalty imposed by a court under which the individual is confined to an institution”).”
Jerome J. Scalise v. Richard Thornburgh, 891 F.2d 640 (7th Cir. 1989). “See 18 U.S.C. § 4101 (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); H.”
United States v. Jose Morales-Alejo, 193 F.3d 1102 (9th Cir. 1999). “§ 3581 (same); 18 U.S.C. § 4101 (b) (referring to imprisonment in the context of transfers to foreign countries and defining imprisonment as “a penalty imposed by a court under which the individual is confined to an institution”).”
Anthony J. Garafola v. G.C. Wilkinson, Warden. G.C. Wilkinson, 721 F.2d 420 (3rd Cir. 1983). “II 1978) (“parole” is “any form of release of an offender from imprisonment to the community”) as support for his conclusion that “parole” requires that the prisoner must be released to the community, not to another prison. However, § 4101© is part of chapter 306 (“Transfer to…”
James Edward Verner v. United States Parole Comm'n, 150 F.3d 1172 (10th Cir. 1998). “” 18 U.S.C. § 4101 (f). Clearly, for purposes of carrying out the Treaty in light of the SRA, Congress intended that supervised release would serve as the functional equivalent of traditional parole.”
Scalise v. Meese, 687 F. Supp. 1239 (N.D. Ill. 1988). “See 18 U.S.C. § 4101 ("(k) ‘treaty’ means a treaty under which a foreign offender sentenced in the courts of one country may be transferred to the country of which he is a citizen or national for the purposes of serving the sentence.”
Tak Cheong Hau v. Moyer, 576 F. Supp. 844 (N.D. Ill. 1983). “18 U.S.C. § 4101 (b) (1983). It is manifest that as far as the federal system is concerned the Act contemplates a stay of deportation following the imposition of a sentence of continuous incarceration.”
Meyers v. Alldredge, 348 F. Supp. 807 (M.D. Penn. 1972). “Under 18 U.S.C. § 4101 , an inmate who faithfully observes all rules and has not been subjected to punishment shall be entitled to a deduction from the term of his sentence of five to ten days for each month, depending upon the sentence received.”
Show all 17 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.