18 USC Sec. 4107 01/05/2009
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
(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
(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
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.