When the FBI Seeks Extradition…®

WHEN A TRANSFER IS APPROVED BY THE DEPARTMENT OF JUSTICE


When a prisoner is transferred to another country, the completion of the transferred offender's sentence is carried out in accordance with the laws and procedures of the receiving country, including those governing the reduction of the term of confinement by parole, conditional release, or otherwise. By the same token, when a prisoner has transferred to the United States, the Parole Commission determines the release date of the transferee in accordance with 18 U.S.C. § 4106A. Jurisdiction over the underlying conviction and over proceedings to modify or set aside the sentence remains with the country in which sentence was imposed.

Outgoing prisoners remain in the custody of the U.S. Bureau of Prisons (BOP) until they can be turned over to foreign corrections officials, usually at our border (in the case of Canada and Mexico) or at an international airport. Immediately prior to transfer, prisoners receive what is called a "consent verification hearing," in which a United States Magistrate Judge talks to the prisoner and confirms that he consents to the transfer. Incoming prisoners also receive a consent verification hearing in the foreign country immediately before transfer.

The time between the approval of a transfer request by the United States and by the other nation, and the actual transfer varies widely. A wait of at least three months is typical.