Public Law 119-73 (01/23/2026)

18 U.S.C. § 4105

Transfer of offenders serving sentence of imprisonment

(a)
Except as provided elsewhere in this section, an offender serving a sentence of imprisonment in a foreign country transferred to the custody of the Attorney General shall remain in the custody of the Attorney General under the same conditions and for the same period of time as an offender who had been committed to the custody of the Attorney General by a court of the United States for the period of time imposed by the sentencing court.
(b)
The transferred offender shall be given credit toward service of the sentence for any days, prior to the date of commencement of the sentence, spent in custody in connection with the offense or acts for which the sentence was imposed.
(c)
(1)
section 3624(b) of this titlesection 3624(a) of this title The transferred offender shall be entitled to all credits for good time, for labor, or any other credit toward the service of the sentence which had been given by the transferring country for time served as of the time of the transfer. Subsequent to the transfer, the offender shall in addition be entitled to credits toward service of sentence for satisfactory behavior, computed on the basis of the time remaining to be served at the time of the transfer and at the rate provided in for a sentence of the length of the total sentence imposed and certified by the foreign authorities. These credits shall be combined to provide a release date for the offender pursuant to .
(2)
section 3624(b) of this title If the country from which the offender is transferred does not give credit for good time, the basis of computing the deduction from the sentence shall be the sentence imposed by the sentencing court and certified to be served upon transfer, at the rate provided in .
(3)
section 3624(b) of this title Credit toward service of sentence may be withheld as provided in .
(4)
Any sentence for an offense against the United States, imposed while the transferred offender is serving the sentence of imprisonment imposed in a foreign country, shall be aggregated with the foreign sentence, in the same manner as if the foreign sentence was one imposed by a United States district court for an offense against the United States.

Pub. L. 95–144, § 191 Stat. 1215Pub. L. 98–473, title II, § 223(m)(2)98 Stat. 2029(Added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 98–4731984—Subsec. (c)(1). substituted “toward service of sentence for satisfactory behavior” for “for good time”, “3624(b)” for “4161”, and “3624(a)” for “4164”.

Pub. L. 98–473Subsec. (c)(2). substituted “3624(b)” for “4161”.

Pub. L. 98–473Subsec. (c)(3), (4). redesignated par. (4) as (3) and amended it generally, and struck out former par. (3). Prior to redesignation and amendment, former pars. (3) and (4) read as follows:

section 4162 of this title“(3) A transferred offender may earn extra good time deductions, as authorized in , from the time of transfer.

section 4165 of this titlesection 4166 of this title“(4) All credits toward service of the sentence, other than the credit for time in custody before sentencing, may be forfeited as provided in and may be restored by the Attorney General as provided in .”

Pub. L. 98–473Subsec. (c)(5). redesignated par. (5) as (4).

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

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