dreamproit/uscode huggingface dataset:
18 U.S.C. § 4086 (CRIMES AND CRIMINAL PROCEDURE)
§ 4086. Temporary safe-keeping of federal offenders by marshals
United States marshals shall provide for the safe-keeping of any person arrested, or held under authority of any enactment of Congress pending commitment to an institution.
(June 25, 1948, ch. 645, 62 Stat. 851.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 691, 692, (R.S. §§ 5537, 5538).
Said section 691 of title 18, U.S.C., 1940 ed., is superseded by sections 753b and 753c of title 18, U.S.C., 1940 ed., which are incorporated in sections 4002, 4003 and 4042 of this title.
This section is rewritten to retain the intent of section 692 of title 18, U.S.C., 1940 ed., which was to insure a safekeeping of United States prisoners until their commitment or confinement in Federal penal institutions. The language conforms with that of said sections 692 and 753b.
Minor changes were made in phraseology.
18 U.S.C. § 4103 (CRIMES AND CRIMINAL PROCEDURE)
§ 4103. Applicability of United States laws
All laws of the United States, as appropriate, pertaining to prisoners, probationers, parolees, and juvenile offenders shall be applicable to offenders transferred to the United States, unless a treaty or this chapter provides otherwise.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1215.)
18 U.S.C. § 4104 (CRIMES AND CRIMINAL PROCEDURE)
§ 4104. Transfer of offenders on probation
(a) Prior to consenting to the transfer to the United States of an offender who is on probation, the Attorney General shall determine that the appropriate United States district court is willing to undertake the supervision of the offender.
(b) Upon the receipt of an offender on probation from the authorities of a foreign country, the Attorney General shall cause the offender to be brought before the United States district court which is to exercise supervision over the offender.
(c) The court shall place the offender under supervision of the probation officer of the court. The offender shall be supervised by a probation officer, under such conditions as are deemed appropriate by the court as though probation had been imposed by the United States district court.
(d) The probation may be revoked in accordance with section 3565 of this title and the applicable provisions of the Federal Rules of Criminal Procedure. A violation of the conditions of probation shall constitute grounds for revocation. If probation is revoked the suspended sentence imposed by the sentencing court shall be executed.
(e) The provisions of sections 4105 and 4106 of this title shall be applicable following a revocation of probation.
(f) Prior to consenting to the transfer from the United States of an offender who is on probation, the Attorney General shall obtain the assent of the court exercising jurisdiction over the probationer.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1215; amended Pub. L. 107–273, div. B, title IV, § 4002(e)(6), Nov. 2, 2002, 116 Stat. 1810.)
heading: Amendments
text: 2002—Subsec. (d). Pub. L. 107–273 substituted “section 3565 of this title and the applicable provisions of” for “section 3653 of this title and rule 32(f) of”.
18 U.S.C. § 4106A (CRIMES AND CRIMINAL PROCEDURE)
§ 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.
(Added Pub. L. 100–690, title VII, § 7101(a), Nov. 18, 1988, 102 Stat. 4415; amended Pub. L. 101–647, title XXXV, §§ 3599B, 3599C, Nov. 29, 1990, 104 Stat. 4931, 4932.)
heading: Amendments
text: 1990—Pub. L. 101–647, § 3599B, inserted “of” before second reference to “offenders” in section catchline.
Subsec. (b)(1)(C). Pub. L. 101–647, § 3599C, inserted period at end.
18 U.S.C. § 4107 (CRIMES AND CRIMINAL PROCEDURE)
§ 4107. Verification of consent of offender to transfer from the United States
(a) Prior to the transfer of an offender from the United States, the fact that the offender consents to such transfer and that such consent is voluntary and with full knowledge of the consequences thereof shall be verified by a United States magistrate judge or a judge as defined in section 451 of title 28, United States Code.
(b) The verifying officer shall inquire of the offender whether he understands and agrees that the transfer will be subject to the following conditions:
(1) only the appropriate courts in the United States may modify or set aside the conviction or sentence, and any proceedings seeking such action may only be brought in such courts;
(2) the sentence shall be carried out according to the laws of the country to which he is to be transferred and that those laws are subject to change;
(3) if a court in the country to which he is transferred should determine upon a proceeding initiated by him or on his behalf that his transfer was not accomplished in accordance with the treaty or laws of that country, he may be returned to the United States for the purpose of completing the sentence if the United States requests his return; and
(4) his consent to transfer, once verified by the verifying officer, is irrevocable.
(c) The verifying officer, before determining that an offender’s consent is voluntary and given with full knowledge of the consequences, shall advise the offender of his right to consult with counsel as provided by this chapter. If the offender wishes to consult with counsel before giving his consent, he shall be advised that the proceedings will be continued until he has had an opportunity to consult with counsel.
(d) The verifying officer shall make the necessary inquiries to determine that the offender’s consent is voluntary and not the result of any promises, threats, or other improper inducements, and that the offender accepts the transfer subject to the conditions set forth in subsection (b). The consent and acceptance shall be on an appropriate form prescribed by the Attorney General.
(e) The proceedings shall be taken down by a reporter or recorded by suitable sound recording equipment. The Attorney General shall maintain custody of the records.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1216; amended Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Change of Name
text: “United States magistrate judge” substituted for “United States magistrate” in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 4109 (CRIMES AND CRIMINAL PROCEDURE)
§ 4109. Right to counsel, appointment of counsel
(a) In proceedings to verify consent of an offender for transfer, the offender shall have the right to advice of counsel. If the offender is financially unable to obtain counsel—
(1) counsel for proceedings conducted under section 4107 shall be appointed in accordance with section 3006A of this title. Such appointment shall be considered an appointment in a misdemeanor case for purposes of compensation under the Act; 1
(2) counsel for proceedings conducted under section 4108 shall be appointed by the verifying officer pursuant to such regulations as may be prescribed by the Director of the Administrative Office of the United States Courts. The Secretary of State shall make payments of fees and expenses of the appointed counsel, in amounts approved by the verifying officer, which shall not exceed the amounts authorized under section 3006A of this title for representation in a misdemeanor case. Payment in excess of the maximum amount authorized may be made for extended or complex representation whenever the verifying officer certifies that the amount of the excess payment is necessary to provide fair compensation, and the payment is approved by the chief judge of the United States court of appeals for the appropriate circuit. Counsel from other agencies in any branch of the Government may be appointed: Provided, That in such cases the Secretary of State shall pay counsel directly, or reimburse the employing agency for travel and transportation expenses. Notwithstanding section 3324(a) and (b) of title 31, the Secretary may make advance payments of travel and transportation expenses to counsel appointed under this subsection.
(b) Guardians ad litem appointed by the verifying officer under section 4100 of this title to represent offenders who are financially unable to provide for compensation and travel expenses of the guardian ad litem shall be compensated and reimbursed under subsection (a)(1) of this section.
(c) The offender shall have the right to advice of counsel in proceedings before the United States Parole Commission under section 4106A of this title and in an appeal from a determination of such Commission under such section. If the offender is financially unable to obtain counsel, counsel for such proceedings and appeal shall be appointed under section 3006A of this title.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218; amended Pub. L. 97–258, § 3(e)(2), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 100–690, title VII, § 7101(d), Nov. 18, 1988, 102 Stat. 4416; Pub. L. 101–647, title XXXV, § 3598, Nov. 29, 1990, 104 Stat. 4931.)
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–647 substituted “section 3006A of this title” for “the Criminal Justice Act (18 U.S.C. 3006A)” in par. (1) and for “the Criminal Justice Act (18 U.S.C. 3006(a))” in par. (2).
1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
1982—Par. (2). Pub. L. 97–258 substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes as amended (31 U.S.C. 529)”.
18 U.S.C. § 4110 (CRIMES AND CRIMINAL PROCEDURE)
§ 4110. Transfer of juveniles
An offender transferred to the United States because of an act which would have been an act of juvenile delinquency had it been committed in the United States or any State thereof shall be subject to the provisions of chapter 403 of this title except as otherwise provided in the relevant treaty or in an agreement pursuant to such treaty between the Attorney General and the authority of the foreign country.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218.)
18 U.S.C. § 4111 (CRIMES AND CRIMINAL PROCEDURE)
§ 4111. Prosecution barred by foreign conviction
An offender transferred to the United States shall not be detained, prosecuted, tried, or sentenced by the United States, or any State thereof for any offense the prosecution of which would have been barred if the sentence upon which the transfer was based had been by a court of the jurisdiction seeking to prosecute the transferred offender, or if prosecution would have been barred by the laws of the jurisdiction seeking to prosecute the transferred offender if the sentence on which the transfer was based had been issued by a court of the United States or by a court of another State.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218.)
18 U.S.C. § 4112 (CRIMES AND CRIMINAL PROCEDURE)
§ 4112. Loss of rights, disqualification
An offender transferred to the United States to serve a sentence imposed by a foreign court shall not incur any loss of civil, political, or civic rights nor incur any disqualification other than those which under the laws of the United States or of the State in which the issue arises would result from the fact of the conviction in the foreign country.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218.)
18 U.S.C. § 4113 (CRIMES AND CRIMINAL PROCEDURE)
§ 4113. Status of alien offender transferred to a foreign country
(a) An alien who is deportable from the United States but who has been granted voluntary departure pursuant to section 240B of the Immigration and Nationality Act and who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have voluntarily departed from this country.
(b) An alien who is the subject of an order of removal from the United States pursuant to section 240 of the Immigration and Nationality Act who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been removed from this country.
(c) An alien who is the subject of an order of removal from the United States pursuant to section 240 of the Immigration and Nationality Act, who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been excluded from admission and removed from the United States.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1219; amended Pub. L. 104–208, div. C, title III, § 308(d)(4)(U), (e)(1)(Q), (2)(I), (g)(3)(B), (5)(A)(iv), Sept. 30, 1996, 110 Stat. 3009–619, 3009–620, 3009–622, 3009–623.)
heading: References in Text
text: Section 240B of the Immigration and Nationality Act, referred to in subsec. (a), is classified to section 1229c of Title 8, Aliens and Nationality.
Section 240 of the Immigration and Nationality Act, referred to in subsecs. (b) and (c), is classified to section 1229a of Title 8.
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–208, § 308(g)(5)(A)(iv)(I), substituted “section 240B of the Immigration and Nationality Act” for “section 1252(b) or section 1254(e) of title 8, United States Code,”.
Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(iv)(II), substituted “section 240 of the Immigration and Nationality Act” for “section 1252 of title 8, United States Code,”.
Pub. L. 104–208, § 308(e)(1)(Q), (2)(I), substituted “removal” for “deportation” and “removed” for “deported”.
Subsec. (c). Pub. L. 104–208, § 308(g)(3)(B), substituted “240 of the Immigration and Nationality Act” for “1226 of title 8, United States Code”.
Pub. L. 104–208, § 308(d)(4)(U), (e)(2)(I), substituted “removal” for “exclusion and deportation” and “removed” for “deported”.
heading: Effective Date of 1997 Amendment
text: Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
18 U.S.C. § 4115 (CRIMES AND CRIMINAL PROCEDURE)
§ 4115. Execution of sentences imposing an obligation to make restitution or reparations
If in a sentence issued in a penal proceeding of a transferring country an offender transferred to the United States has been ordered to pay a sum of money to the victim of the offense for damage caused by the offense, that penalty or award of damages may be enforced as though it were a civil judgment rendered by a United States district court. Proceedings to collect the moneys ordered to be paid may be instituted by the Attorney General in any United States district court. Moneys recovered pursuant to such proceedings shall be transmitted through diplomatic channels to the treaty authority of the transferring country for distribution to the victim.
(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1220.)
18 U.S.C. § 4123 (CRIMES AND CRIMINAL PROCEDURE)
§ 4123. New industries
Any industry established under this chapter shall be so operated as not to curtail the production of any existing arsenal, navy yard, or other Government workshop.
Such forms of employment shall be provided as will give the inmates of all Federal penal and correctional institutions a maximum opportunity to acquire a knowledge and skill in trades and occupations which will provide them with a means of earning a livelihood upon release.
The industries may be either within the precincts of any penal or correctional institution or in any convenient locality where an existing property may be obtained by lease, purchase, or otherwise.
(June 25, 1948, ch. 645, 62 Stat. 851.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 744c (May 27, 1930, ch. 340, § 3, 46 Stat. 391).
A part of said section 744c of title 18, U.S.C., 1940 ed., is incorporated in section 4122 of this title.
References to the Attorney General were omitted because section 744k of title 18, U.S.C., 1940 ed., as originally enacted, provided for the transfer to Federal Prison Industries of the powers and duties then vested in the Attorney General.
References to “this chapter” were substituted for “this section” since the general authority to establish and supervise prison industries is contained in this chapter.
Minor changes of phraseology were made.
18 U.S.C. § 4125 (CRIMES AND CRIMINAL PROCEDURE)
§ 4125. Public works; prison camps
(a) The Attorney General may make available to the heads of the several departments the services of United States prisoners under terms, conditions, and rates mutually agreed upon, for constructing or repairing roads, clearing, maintaining and reforesting public lands, building levees, and constructing or repairing any other public ways or works financed wholly or in major part by funds appropriated by Congress.
(b) The Attorney General may establish, equip, and maintain camps upon sites selected by him elsewhere than upon Indian reservations, and designate such camps as places for confinement of persons convicted of an offense against the laws of the United States.
(c) The expenses of transferring and maintaining prisoners at such camps and of operating such camps shall be paid from the appropriation “Support of United States prisoners”, which may, in the discretion of the Attorney General, be reimbursed for such expenses.
(d) As part of the expense of operating such camps the Attorney General is authorized to provide for the payment to the inmates or their dependents such pecuniary earnings as he may deem proper, under such rules and regulations as he may prescribe.
(e) All other laws of the United States relating to the imprisonment, transfer, control, discipline, escape, release of, or in any way affecting prisoners, shall apply to prisoners transferred to such camps.
(June 25, 1948, ch. 645, 62 Stat. 852.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 744b, 851, 853, 854, 855 (Feb. 26, 1929, ch. 336, §§ 1, 3, 4, 5, 45 Stat. 1318; May 27, 1930, ch. 340, § 2, 46 Stat. 391).
Section consolidates section 744b of title 18, U.S.C., 1940 ed., with those portions of sections 851, 853–855 of title 18, U.S.C., 1940 ed., which may not have been superseded by section 744b of said title.
Section 851 of title 18, U.S.C., 1940 ed., was superseded except for the proviso which formed the basis for the added words “elsewhere than upon Indian reservations”.
Section 855 of title 18, U.S.C., 1940 ed., was superseded by section 744b of title 18, U.S.C., 1940 ed., except as to the specific mention in section 855 of said title of expense for maintenance and operation of camps. Hence a reference to operation was added in subsection (c) of this section.
Section 854 of title 18, U.S.C., 1940 ed., was added as a part of subsection (c).
Section 853 of title 18, U.S.C., 1940 ed., was added as subsection (d) of this section, although its retention may be unnecessary.
The phrase “the cost of which is borne exclusively by the United States” which followed the words “constructing or repairing roads” was omitted as inconsistent with the later phrase “constructing or repairing any other public ways or works financed wholly or in major part by funds appropriated from the Treasury of the United States.”
The provision for transfer of prisoners was omitted as duplicitous of a similar provision in section 4082 of this title.
Other changes of phraseology were made.
18 U.S.C. § 4127 (CRIMES AND CRIMINAL PROCEDURE)
§ 4127. Prison Industries report to Congress
The board of directors of Federal Prison Industries shall submit an annual report to the Congress on the conduct of the business of the corporation during each fiscal year, and on the condition of its funds during such fiscal year. Such report shall include a statement of the amount of obligations issued under section 4129(a)(1) during such fiscal year, and an estimate of the amount of obligations that will be so issued in the following fiscal year.
(June 25, 1948, ch. 645, 62 Stat. 852; Pub. L. 100–690, title VII, § 7095, Nov. 18, 1988, 102 Stat. 4413.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 744m (June 23, 1934, ch. 736, § 5, 48 Stat. 1212).
Words “of Federal Prison Industries” were inserted after “board of directors”.
Minor changes were made in phraseology.
heading: Amendments
text: 1988—Pub. L. 100–690 amended section generally. Prior to amendment, section read as follows: “The board of directors of Federal Prison Industries shall make annual reports to Congress on the conduct of the business of the corporation and on the condition of its funds.”
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 117 of House Document No. 103–7.
18 U.S.C. § 4128 (CRIMES AND CRIMINAL PROCEDURE)
§ 4128. Enforcement by Attorney General
In the event of any failure of Federal Prison Industries to act, the Attorney General shall not be limited in carrying out the duties conferred upon him by law.
(June 25, 1948, ch. 645, 62 Stat. 853.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 744n (June 23, 1934, ch. 736, § 6, 48 Stat. 1212).
Phrase relating to section being “supplemental” to sections 744i–744h of title 18, U.S.C., 1940 ed., is omitted as unnecessary.
Retention of remainder of section is essential to insure authority of Attorney General to require performance of duties of Prison Industries. (See sections 4001 and 4003 of this title.) This is also consistent with 1939 Reorganization Plan No. II, § 3(a), transferring the corporation to the Department of Justice “under the general direction and supervision of the Attorney General”. (See section 133t of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees.)
Words “Federal Prison Industries” were substituted for “the corporation”.