Page:United States Statutes at Large Volume 91.djvu/1250

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PUBLIC LAW 95-000—MMMM. DD, 1977

91 STAT. 1216

PUBLIC LAW 95-144—OCT. 28, 1977

"(3) A transferred offender may earn extra good time deductions, as authorized in section 4162 of this title, from the time of transfer. "(4) All credits toward service of the sentence, other than the credit for time in custody before sentencing, may be forfeited as provided in section 4165 of this title and may be restored by the Attorney Gen,. eral as provided in section 4166 of this title. "(5) 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. 18 USC 4106. «§ 4106. 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) The United States Parole Commission and the Chairman of the Commission shall have the same powers and duties with reference to an offender transferred to the United States to serve a sentence of imprisonment or who at the time of transfer is on parole as they have with reference to an offender convicted in a court of the United States except as otherwise provided in this chapter or in the pertinent treaty. Sections 4201 through 4204; 4205 (d), (e), and (h); 4206 through 4216; and 4218 of this title shall be applicable. "(c) An offender transferred to the United States to serve a sentence of imprisonment may be released on parole at such time as the Parole Commission may determine. 18 USC 4107. "§ 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 or a judge as defined in section 451 of title 28, United States Code, eonditions. "(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 re(][uests his return; and " (4) his consent to transfer, once verified by the verifying officer, is irrevocable. Counsel rights. "(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