§ 4107. — Verification of consent of offender to transfer from the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4107]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
Sec. 4107. Verification of consent of offender to transfer from
the United States
(a) Prior to the transfer of an offender from the United States, the
fact that the offender consents to such transfer and that such consent
is voluntary and with full knowledge of the consequences thereof shall
be verified by a United States magistrate judge or a judge as defined in
section 451 of title 28, United States Code.
(b) The verifying officer shall inquire of the offender whether he
understands and agrees that the transfer will be subject to the
following conditions:
(1) only the appropriate courts in the United States may modify
or set aside the conviction or sentence, and any proceedings seeking
such action may only be brought in such courts;
(2) the sentence shall be carried out according to the laws of
the country to which he is to be transferred and that those laws are
subject to change;
(3) if a court in the country to which he is transferred should
determine upon a proceeding initiated by him or on his behalf that
his transfer was not accomplished in accordance with the treaty or
laws of that country, he may be returned to the United States for
the purpose of completing the sentence if the United States requests
his return; and
(4) his consent to transfer, once verified by the verifying
officer, is irrevocable.
(c) The verifying officer, before determining that an offender's
consent is voluntary and given with full knowledge of the consequences,
shall advise the offender of his right to consult with counsel as
provided by this chapter. If the offender wishes to consult with counsel
before giving his consent, he shall be advised that the proceedings will
be continued until he has had an opportunity to consult with counsel.
(d) The verifying officer shall make the necessary inquiries to
determine that the offender's consent is voluntary and not the result of
any promises, threats, or other improper inducements, and that the
offender accepts the transfer subject to the conditions set forth in
subsection (b). The consent and acceptance shall be on an appropriate
form prescribed by the Attorney General.
(e) The proceedings shall be taken down by a reporter or recorded by
suitable sound recording equipment. The Attorney General shall maintain
custody of the records.
(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1216; amended
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (a) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
Section Referred to in Other Sections
This section is referred to in section 4109 of this title; title 28
section 636.
