Page:United States Statutes at Large Volume 91.djvu/1254

 91 STAT. 1220

18 USC 4115.

•r "

28 USC 2256.

Exclusive jurisdiction.

PUBLIC LAW 95-144—OCT. 28, 1977

mony taken before him and of all documents introduced before him shall be transmitted to the Secretary of State, that a Return Warrant may issue upon the requisition of the proper authorities of the sentencing country, for the surrender of offender. "(c) A complaint referred to in subsection (b) must be filed within sixty days from the date on which the decision ordering the release of the offender becomes final. "(d) An offender returned under this section shall be subject to the jurisdiction of the country to which he is returned for all purposes. "(e) The return of an offender shall be conditioned upon the offender being given credit toward service of the sentence for the time spent in the custody of or under the supervision of the United States. " (f) Sections 3186, 3188 through 3191, and 3195 of this title shall be applicable to the return of an offender under this section. However, an offender returned under this section shall not be deemed to have been extradited for any purpose. "(g) An offender whose return is sought pursuant to this section may be admitted to bail or be released on his own recognizance at any stage of the proceedings. "§ 4115. Execution of sentences imposing an obligation to make restitution or reparations "If in a sentence issued in a penal proceeding of a transferring country an offender transferred to the United States has been ordered to pay a sum of money to the victim of the offense for damage caused by the offense, that penalty or award of damages may be enforced as thouflfh it were a civil judgment rendered by a United States district court. Proceedings to collect the moneys ordered to be paid may be instituted by the Attorney General in any United States district court. Moneys recovered pursuant to such proceedings shall be transmitted through diplomatic channels to the treaty authority of the transferring country for distribution to the victim.". SEC.'2. That section 636 of title 28, United States Code, is amended by adding a subsection (f) as follows: "(f) A United States magistrate may perform the verification function required by section 4107 of title 18, United States Code. A magistrate may be assigned by a judge of any United States district court to perform the verification required by section 4108 and the appointment of counsel authorized by section 4109 of title 18, United States Code, and may perform such functions beyond the territorial limits of the United States. A magistrate assigned such functions shall have no authority to perform any other function within the territory of a foreign country.". SEC. 3. That chajater 153 of title 28, United States Code, is amended by adding the following section: "§2256. Jurisdiction of proceedings relating to transferred offenders "When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders— " (1) the country in which the offender was convicted shall have exclusive jurisdiction and competence over proceedings seeking to challenge, modify, or set aside convictions or sentences handed down by a court of such country;

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