Page:United States Statutes at Large Volume 91.djvu/1255

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-144—OCT. 28, 1977

91 STAT. 1221

"(2) all proceedings instituted by or on behalf of an offender transferred from the United States to a foreign country seeking to challenge, modify, or set aside the conviction or sentence upon which the transfer was based shall be brought in the court which would have jurisdiction and competence if the offender had not been transferred; "(3) all proceedings instituted by or on behalf of an offender transferred to the United States pertaining to the manner of execution in the United States of the sentence imposed by a foreign court shall be brought in the United States district court for the district in which the offender is confined or in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings; "(4) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offender's transfer from the United States shall be brought in the United States district court of the district in which the proceedings to determine the validity of the offender's consent were held and shall name the Attorney General as respondent; and "(5) all proceedings instituted by or on behalf of an offender seeking to challenge the validity or legality of the offender's transfer to the United States shall be brought in the United States district court of the district in which the offender is confined or of the district in which supervision is exercised and shall name the Attorney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings.". SEC. 4. That chapter 48, title 10, United States Code, is amended by adding the following section:

    • § 955. Prisoners transferred to or from foreign countries

10 USC 955. "(a) When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders, the Secretary concerned may, with the concurrence of the Attorney General, transfer to said foreign country any offender against chapter 47 of this title. Said transfer shall be effected subject to the terms of said treaty and chapter 306 of title 18, United States Code. "(b) Whenever the United States is party to an agreement on the Offenders status of forces under which the United States may request that it belonging to U.S. take custody of a prisoner belonging to its armed forces who is confined armed forces, by order of a foreign court, the Secretary concerned may provide for transfer. the carrying out of the terms of such confinement in a military correctional facility of his department or in any penal or correctional institution under the control of the United States or which the United States may be allowed to use. Except as otherwise specified in such agreement, such person shall be treated as if he were an offender against chapter 47 of this title.". SEC. 5. (a) There is authorized to be appropriated such funds as Appropriation authorization. may be required to carry out the purposes of this Act. (b) The Attorney General shall certify to the Secretary of State 18 USC 4100 the expenses of the United States related to the return of an offender note. to the foreign country of which the offender is a citizen or national for 18 USC 4102 note.