§4108 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Before an offender is sent to the United States, a U.S. magistrate judge or a citizen specially chosen under section 451 of title 28 must check in the country where the sentence was given that the offender agrees freely and understands what will happen. If the chosen person works for a U.S. department or agency, the head of that department must approve. The verifier must tell the offender about the right to talk with a lawyer. If the offender wants a lawyer first, the process will be paused. The talk must be recorded and the Attorney General keeps the record. The verifier must confirm the offender’s consent is not from promises, threats, or other improper pressure and that the offender accepts four conditions: only the country that convicted him can change the conviction or sentence; the sentence will be carried out under U.S. law, which can change; if a U.S. court finds the transfer broke the treaty or U.S. law, he can be returned to finish the sentence if the other country asks; and once verified, consent cannot be revoked. Consent must be given on a form the Attorney General provides.

Title 18, §4108

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

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”.

Statutory Notes and Related Subsidiaries

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 AmendmentAmendment 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.

§4108 Verification of consent of offender to transfer to the United States

Summary

Title 18, §4108

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Citations & Metadata