§ 4108. — Verification of consent of offender to transfer to the United States.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4108]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
Sec. 4108. Verification of consent of offender to transfer to
the United States
(a) Prior to the transfer of an offender to 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 in the country in which the sentence was imposed by a United
States magistrate judge, or by a citizen specifically designated by a
judge of the United States as defined in section 451 of title 28, United
States Code. The designation of a citizen who is an employee or officer
of a department or agency of the United States shall be with the
approval of the head of that department or agency.
(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 country in which he was convicted and sentenced can
modify or set aside the conviction or sentence, and any proceedings
seeking such action may only be brought in that country;
(2) the sentence shall be carried out according to the laws of
the United States and that those laws are subject to change;
(3) if a United States court 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 the United
States, he may be returned to the country which imposed the sentence
for the purpose of completing the sentence if that country 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. 1217; amended
Pub. L. 98-473, title II, Sec. 223(m)(4), Oct. 12, 1984, 98 Stat. 2030;
Pub. L. 100-690, title VII, Sec. 7101(b), Nov. 18, 1988, 102 Stat. 4415;
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Amendments
1988--Subsec. (a). Pub. L. 100-690 struck out ``including any term
of imprisonment or term of supervised release specified in the
applicable sentencing guideline promulgated pursuant to 28 U.S.C.
944(a)(1),'' after ``consequences thereof,''.
1984--Subsec. (a). Pub. L. 98-473 inserted ``, including any term of
imprisonment or term of supervised release specified in the applicable
sentencing guideline promulgated pursuant to 28 U.S.C. 994(a)(1),''
after ``consequences thereof''.
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.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of this title.
Section Referred to in Other Sections
This section is referred to in title 28 section 636.
