§4107 Verification of consent of offender to transfer from the United States

Summary

Before an offender is sent out of the United States, a U.S. magistrate judge or federal judge must confirm the offender agrees to the transfer and understands what will happen. The judge must make sure the offender knows that only U.S. courts can change the conviction or sentence, that the sentence will be carried out under the laws of the other country (which can change), that the other country might send the person back to the United States if its courts later find the transfer improper and the U.S. asks for return, and that the consent can't be undone once the judge confirms it. The judge must tell the offender they have a right to talk with a lawyer and must delay the decision if the offender wants time to consult one. The judge must check the consent is voluntary, not caused by promises or threats, and record the consent on a form the Attorney General requires. The proceeding must be recorded, and the Attorney General keeps the records.