18 U.S.C. § 4102

Authority of the Attorney General

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar

The Attorney General is authorized—(1) to act on behalf of the United States as the authority referred to in a treaty;(2) to receive custody of offenders under a sentence of imprisonment, on parole, or on probation who are citizens or nationals of the United States transferred from foreign countries and as appropriate confine them in penal or correctional institutions, or assign them to the parole or probation authorities for supervision;(3) to transfer offenders under a sentence of imprisonment, on parole, or on probation to the foreign countries of which they are citizens or nationals;(4) to make regulations for the proper implementation of such treaties in accordance with this chapter and to make regulations to implement this chapter;(5) to render to foreign countries and to receive from them the certifications and reports required to be made under such treaties;(6) to make arrangements by agreement with the States for the transfer of offenders in their custody who are citizens or nationals of foreign countries to the foreign countries of which they are citizens or nationals and for the confinement, where appropriate, in State institutions of offenders transferred to the United States;(7) to make agreements and establish regulations for the transportation through the territory of the United States of offenders convicted in a foreign country who are being transported to a third country for the execution of their sentences, the expenses of which shall be paid by the country requesting the transportation;(8) to make agreements with the appropriate authorities of a foreign country and to issue regulations for the transfer and treatment of juveniles who are transferred pursuant to treaty, the expenses of which shall be paid by the country of which the juvenile is a citizen or national;(9) in concert with the Secretary of Health, Education, and Welfare, to make arrangements with the appropriate authorities of a foreign country and to issue regulations for the transfer and treatment of individuals who are accused of an offense but who have been determined to be mentally ill; the expenses of which shall be paid by the country of which such person is a citizen or national;(10) to designate agents to receive, on behalf of the United States, the delivery by a foreign government of any citizen or national of the United States being transferred to the United States for the purpose of serving a sentence imposed by the courts of the foreign country, and to convey him to the place designated by the Attorney General. Such agent shall have all the powers of a marshal of the United States in the several districts through which it may be necessary for him to pass with the offender, so far as such power is requisite for the offender’s transfer and safekeeping; within the territory of a foreign country such agent shall have such powers as the authorities of the foreign country may accord him;(11) to delegate the authority conferred by this chapter to officers of the Department of Justice.(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1214.)Statutory Notes and Related SubsidiariesChange of Name

Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Education.

Certification by Attorney General to Secretary of State for Reimbursement of Expenses Incurred Under Transfer Treaty

Pub. L. 95–144, § 5(b), Oct. 28, 1977, 91 Stat. 1221, provided that: “The Attorney General shall certify to the Secretary of State the expenses of the United States related to the return of an offender to the foreign country of which the offender is a citizen or national for which the United States is entitled to seek reimbursement from that country under a treaty providing for transfer and reimbursement.”

Notes of Decisions

Cited in 20 cases (2 in the last 5 years), 1982–2024 · leading case: v. Williams

Sort: Relevance Newest Treatment

v. Williams (2019) coloctapp “Under 18 U.S.C. § 4102 (6) (2018), the United States Attorney General is authorized “to make arrangements by agreement with the States for the transfer of offenders in their custody .”

Toor v. Holder (2010) dcd · cites it 5× “See 18 U.S.C. § 4102 . B. The Convention Does Not Create a Private Right of Action In Medellin v.”

Jerome J. Scalise v. Richard Thornburgh (1989) ca7 · cites it 3× “The Attorney General argued that 18 U.S.C. § 4102 (4) does not impose a mandatory duty to promulgate substantive regulations governing his exercise of discretion in prisoner transfer requests.”

Sluss v. U.S. Dep't of Justice (2018) cadc · cites it 3× “18 U.S.C. § 4102 (1) - (4). It also provided procedures for prisoner transfers as contemplated by Section 9.”

Yosef v. Killian (2009) nysd · cites it 4× “” 18 U.S.C. §§ 4102 (3), (4). Significantly, the Act applies “only when a treaty providing for such a transfer is in force.”

Bishop v. Reno (2000) ca11 “” 18 U.S.C. § 4102 (4). Thus, the various provisions establish the procedure by which the foreign sentence of a Treaty transferee is translated into a United States sentence appropriate for domestic penal enforcement.”

Mario Alonso Marquez-Ramos v. Janet Reno, Attorney General of the United States (1995) ca10 “18 U.S.C. § 4102 (1). The Attorney General may further delegate this authority to officers of the Department of Justice.”

Jesse Lopez Tavarez, Ex Parte v. U. S. Attorney General (1982) ca5 “] 18 U.S.C. § 4102 . To effectuate his power to transfer Tavarez, and to hold a consent verification proceeding before a federal judicial officer, as required by 18 U.”

Brancaccio v. Reno (1997) dcd “The Attorney General of the United States is authorized to approve or deny prisoner transfers under international prisoner transfer treaties, pursuant to 18 U.S.C. § 4102 (3). The Convention on the Transfer of Sentenced Persons, T.”

Coleman v. Reno (2000) dcd “9552 (1977) (hereinafter, “Treaty”), and 18 U.S.C. § 4102 (2). He also seeks monetary damages.”

Richard Hogan v. Ron Koenig, Chairman of Prison Terms (1990) ca9 “As Congress has designated only the Attorney General of the United States to perform the functions provided in the Treaty, 18 U.S.C. § 4102 , he is the only authority of the United States within the meaning of the Treaty.”

United States v. Porat (1994) ca3 “18 U.S.C. § 4102 provides in part: The Attorney General is authorized— (1) to act on behalf of the United States as the authority referred to in a treaty; (3) to transfer offenders under a sentence of imprisonment, on parole, or on probation to the foreign countries of which…”

Show all 20 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.