§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 another federal judge must make sure the offender agrees to the transfer and understands what that agreement means. The judge must ask and confirm that the offender knows only U.S. courts can change the conviction or sentence, that the sentence will be carried out under the laws of the receiving country (and those laws can change), that a foreign court could send the person back to the U.S. if the transfer was not done under that country’s rules and the U.S. asks for return, and that the consent, once confirmed by the judge, cannot be undone. The judge must tell the offender they have a right to talk with a lawyer and pause the process until they do. The judge must check that the agreement is not the result of promises, threats, or force and must use a form the Attorney General provides. The talk must be recorded by a reporter or sound recorder, and the Attorney General keeps the record.