Section 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.EDITORIAL NOTES
AMENDMENTS2002-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".
- offender
- "offender" means a person who has been convicted of an offense or who has been adjudged to have committed an act of juvenile delinquency;
- probation
- "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;
- sentence
- "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;
- transfer
- "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