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CITE

    18 USC Sec. 4107                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART III - PRISONS AND PRISONERS
    CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

HEAD

    Sec. 4107. Verification of consent of offender to transfer from the
      United States

STATUTE

      (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.

SOURCE

    (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.
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