§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 a judge under section 451 of title 28 must check that the offender agrees to the transfer, that the agreement is voluntary, and that the offender understands the consequences. The judge must ask whether the offender accepts four conditions: only U.S. courts can change the conviction or sentence; the sentence will be carried out under the laws of the receiving country, which can change; if a court in the receiving country finds the transfer was not done under its treaty or laws, the offender may be sent back to the U.S. if the United States asks; and once verified, the consent cannot be withdrawn. The judge must tell the offender about the right to talk with a lawyer and delay the process if the offender wants time to consult counsel. The judge must make sure the choice is not caused by promises, threats, or other improper pressure and must use a form the Attorney General provides. A reporter or recording device must capture the proceedings, and the Attorney General will keep the records.