§4108 Verification of Consent of Offender to Transfer to the United States

Summary

Before sending a prisoner to the United States, a U.S. magistrate judge or a U.S. citizen specially picked by a U.S. judge must go to the country where the sentence was given and check that the prisoner agrees to the transfer and understands what it means. If the designated citizen works for a U.S. department or agency, that department head must approve the choice. The verifier must tell the prisoner four key things: 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 later finds the transfer was improper, he may be sent back to finish the sentence if the other country asks; and once the consent is verified it cannot be withdrawn. The prisoner must be told he has the right to talk with a lawyer and the process can wait for that. The verifier must make sure the agreement is voluntary, not due to promises, threats, or bribes, and must use the form the Attorney General requires. The meeting must be recorded and the Attorney General keeps the record.