PRIA, Government Policy, Made Personal

Summary

Offenders whose consent for transfer is being checked must be allowed to talk with a lawyer. If they cannot pay for one, a lawyer must be appointed. For proceedings under section 4107, the lawyer is appointed under section 3006A and paid like a misdemeanor case. For proceedings under section 4108, the verifying officer appoints the lawyer under rules from the Administrative Office of the U.S. Courts, and the Secretary of State pays fees and travel up to the same misdemeanor limits. Extra payment is allowed for long or hard cases if the verifying officer certifies it and the circuit chief judge approves. Lawyers from other agencies can be used and paid or reimbursed, and the Secretary may make advance travel payments despite 31 U.S.C. 3324(a) and (b). A guardian ad litem appointed by the verifying officer for an offender who cannot pay will be paid and reimbursed like the 4107 lawyers. Offenders also have the right to a lawyer in proceedings and appeals before the U.S. Parole Commission under section 4106A; if they are indigent, counsel is appointed under section 3006A.

Title 18, §4109

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In proceedings to verify consent of an offender for transfer, the offender shall have the right to advice of counsel. If the offender is financially unable to obtain counsel—

(1)counsel for proceedings conducted under section 4107 shall be appointed in accordance with section 3006A of this title. Such appointment shall be considered an appointment in a misdemeanor case for purposes of compensation under the Act;

(2)counsel for proceedings conducted under section 4108 shall be appointed by the verifying officer pursuant to such regulations as may be prescribed by the Director of the Administrative Office of the United States Courts. The Secretary of State shall make payments of fees and expenses of the appointed counsel, in amounts approved by the verifying officer, which shall not exceed the amounts authorized under section 3006A of this title for representation in a misdemeanor case. Payment in excess of the maximum amount authorized may be made for extended or complex representation whenever the verifying officer certifies that the amount of the excess payment is necessary to provide fair compensation, and the payment is approved by the chief judge of the United States court of appeals for the appropriate circuit. Counsel from other agencies in any branch of the Government may be appointed: Provided, That in such cases the Secretary of State shall pay counsel directly, or reimburse the employing agency for travel and transportation expenses. Notwithstanding section 3324(a) and (b) of title 31, the Secretary may make advance payments of travel and transportation expenses to counsel appointed under this subsection.

(b)Guardians ad litem appointed by the verifying officer under section 4100 of this title to represent offenders who are financially unable to provide for compensation and travel expenses of the guardian ad litem shall be compensated and reimbursed under subsection (a)(1) of this section.

(c)The offender shall have the right to advice of counsel in proceedings before the United States Parole Commission under section 4106A of this title and in an appeal from a determination of such Commission under such section. If the offender is financially unable to obtain counsel, counsel for such proceedings and appeal shall be appointed under section 3006A of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (a). Pub. L. 101–647 substituted “section 3006A of this title” for “the Criminal Justice Act (18 U.S.C. 3006A)” in par. (1) and for “the Criminal Justice Act (18 U.S.C. 3006(a))” in par. (2). 1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1982—Par. (2). Pub. L. 97–258 substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes as amended (31 U.S.C. 529)”.

§4109 Right to Counsel, Appointment of Counsel

Summary

Title 18, §4109

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata