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

Summary

Before an offender can be sent to the United States, someone must check in the country where the sentence was given that the offender agrees to the transfer and understands what it means. That check must be done by a U.S. magistrate judge or a U.S. citizen the judge picks. If that citizen is a federal employee, their agency head must approve. The checker must ask if the offender knows and accepts four main rules: only the country that sentenced them can change the conviction or sentence; the sentence will be carried out under U.S. law, which can change; a U.S. court could send them back to finish the sentence if the transfer was improper; and the consent, once verified, cannot be withdrawn. The offender must be told they can talk to a lawyer and the process will wait if they want time to consult one. The checker must make sure the choice is free of promises or threats, use a form the Attorney General provides, and record the proceedings. The Attorney General keeps the records.