[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4109]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
Sec. 4109. Right to counsel, appointment of counsel
(a) In proceedings to verify consent of an offender for transfer,
the offender shall have the right to advice of counsel. If the offender
is financially unable to obtain counsel--
(1) counsel for proceedings conducted under section 4107 shall
be appointed in accordance with section 3006A of this title. Such
appointment shall be considered an appointment in a misdemeanor case
for purposes of compensation under the Act; \1\
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\1\ So in original. Probably should be ``section 3006A of this
title;''. See 1990 Amendment note below.
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(2) counsel for proceedings conducted under section 4108 shall
be appointed by the verifying officer pursuant to such regulations
as may be prescribed by the Director of the Administrative Office of
the United States Courts. The Secretary of State shall make payments
of fees and expenses of the appointed counsel, in amounts approved
by the verifying officer, which shall not exceed the amounts
authorized under section 3006A of this title for representation in a
misdemeanor case. Payment in excess of the maximum amount authorized
may be made for extended or complex representation whenever the
verifying officer certifies that the amount of the excess payment is
necessary to provide fair compensation, and the payment is approved
by the chief judge of the United States court of appeals for the
appropriate circuit. Counsel from other agencies in any branch of
the Government may be appointed: Provided, That in such cases the
Secretary of State shall pay counsel directly, or reimburse the
employing agency for travel and transportation expenses.
Notwithstanding section 3324(a) and (b) of title 31, the Secretary
may make advance payments of travel and transportation expenses to
counsel appointed under this subsection
