28 CFR 527.46 - Receiving United States citizens from other countries.

prev | next
§ 527.46 Receiving United States citizens from other countries.
(a) Staff accepting custody of American inmates from a foreign authority shall ensure that the following documentation is available prior to accepting custody of the inmate:
(1) A certified copy of the sentence handed down by an appropriate, competent judicial authority of the transferring country and any modifications thereof;
(2) A statement (and a copy translated into English from the language of the country of origin if other than English), duly authenticated, detailing the offense for which the offender was convicted, the duration of the sentence, and the length of time already served by the inmate. Included should be statements of credits to which the offender is entitled, such as work done, good behavior, pre-trial confinement, etc.; and
(3) Citizenship papers necessary for the inmate to enter the United States.
(b) The Assistant Director, Correctional Programs Division, shall direct, in writing, specific staff, preferably staff who speak the language of the treaty nation, to escort the offender from the transporting country to the admission institution. The directive shall cite 28 CFR 0.96b as the authority to escort the offender. When the admission institution is not able to accept the inmate (for example, a female inmate escorted to a male institution), the Warden shall make appropriate housing requirements with a nearby jail.
(c) As soon as practicable after the inmate's arrival at the admission institution, staff shall initiate the following actions:
(1) Arrange for the inmate to receive a complete physical examination;
(2) Advise the local U.S. Probation Office of the inmate's arrival; and
(3) Notify the U.S. Parole Commission of the inmate's arrival and projected release date.
(d) If upon computation of sentence staff determine that an inmate is entitled to immediate release via mandatory release or expiration of sentence with credits applied, release procedures shall be implemented but only after receiving a medical clearance and the results of an FBI fingerprint check.
[46 FR 59507, Dec. 4, 1981. Redesignated and amended at 58 FR 47976, 47977, Sept. 13, 1993; 62 FR 27872, May 21, 1997]
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 527.46 Transfer procedures.

(a) Treaty nation determination. If the Department of Justice approves the transfer request, the treaty nation will be asked if it consents to the transfer of its citizen or national. The inmate will be informed of the determination made by the treaty nation.

(b) Transfer to departure institution. The Bureau and the Department of Justice will arrange for the inmate to be transferred to an appropriate departure institution.

(c) Consent verification hearing. If the treaty nation consents to the transfer, the United States will arrange a consent verification hearing for the prisoner as required by 18 U.S.C. 4107, 4108. This hearing is held before a U.S. Magistrate Judge or other judicial officer as specified in sections 4107 and 4108. The Bureau must ensure that the prisoner is available and present at the consent verification hearing.

(d) Transfer to departure institution and foreign retrieval of inmate. If the foreign national prisoner gives consent to transfer at the consent verification hearing, the Department of Justice will notify the treaty transfer nation.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 3565 - Revocation of probation

§ 3569

§ 3621 - Imprisonment of a convicted person

§ 3622 - Temporary release of a prisoner

§ 3624 - Release of a prisoner

§ 4001 - Limitation on detention; control of prisons

§ 4042 - Duties of Bureau of Prisons

§ 4081 - Classification and treatment of prisoners

§ 4082 - Commitment to Attorney General; residential treatment centers; extension of limits of confinement; work furlough

§ 4100 - Scope and limitation of chapter

§ 4101 - Definitions

§ 4102 - Authority of the Attorney General

§ 4103 - Applicability of United States laws

§ 4104 - Transfer of offenders on probation

§ 4105 - Transfer of offenders serving sentence of imprisonment

§ 4106 - Transfer of offenders on parole; parole of offenders transferred

§ 4106A - Transfer of offenders on parole; parole of offenders transferred

§ 4107 - Verification of consent of offender to transfer from the United States

§ 4108 - Verification of consent of offender to transfer to the United States

§ 4109 - Right to counsel, appointment of counsel

§ 4110 - Transfer of juveniles

§ 4111 - Prosecution barred by foreign conviction

§ 4112 - Loss of rights, disqualification

§ 4113 - Status of alien offender transferred to a foreign country

§ 4114 - Return of transferred offenders

§ 4115 - Execution of sentences imposing an obligation to make restitution or reparations

§ 4161 to 4166 - Repealed. Pub. L. 98–473, title II, § 218(a)(4), Oct. 12, 1984, 98 Stat. 2027]

§ 4166

§ 4201 to 4218 - Repealed. Pub. L. 98–473, title II, § 218(a)(5), Oct. 12, 1984, 98 Stat. 2027]

§ 4218

§ 5003 - Custody of State offenders

§ 5006

§ 5024

§ 5039 - Commitment


Title 28 published on 2015-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 28 CFR Part 527 after this date.

  • 2015-07-07; vol. 80 # 129 - Tuesday, July 7, 2015
    1. 80 FR 38620 - Transfer of Offenders to Foreign Countries
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Bureau of Prisons
      Final rule.
      This rule is effective on August 6, 2015.
      28 CFR Part 527