Prisoners transferred from foreign jurisdictions pursuant to treaty who committed their offenses on or after November 1, 1987, are entitled to a special transferee hearing under 28 CFR 2.68 and 18 USC 4106A. Transferees who committed their offenses before November 1, 1987 are immediately eligible for parole and receive hearings under 28 CFR 2.13 and are covered under a different adjudication scheme (USPCMAIN0001).
The special transferee hearing is an informal proceeding under which the Commission determines a transferee's parole eligibility, sets a release date, and determines the period and conditions of supervised release, as applicable. Upon entry into the U.S., the transferee is interviewed by a U.S. Probation Officer. The probation officer prepares a postsentence investigation report and the transferee is given the opportunity to object to the report. Any disputes of fact or disputes regarding the application of the sentencing guidelines are to be resolved at the subsequent special transferee hearing. A final decision is rendered by the Commission, based on the concurrence of two votes of the National Commissioners.
This scheme is notable in that it is the only form of adjudication performed by the U.S. Parole Commission which is subject to judicial review.
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