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§ 4107. Verification of consent of offender to transfer
from the United States
(a) Prior to the transfer of an offender from the United
States, the fact that the offender consents to such
transfer and that such consent is voluntary and with
full knowledge of the consequences thereof shall be
verified by a United States magistrate judge or a judge
as defined in section 451 of title 28, United States
Code.
(b) The verifying officer shall inquire of the offender
whether he understands and agrees that the transfer will
be subject to the following conditions:
(1) only the appropriate courts in the United States may
modify or set aside the conviction or sentence, and any
proceedings seeking such action may only be brought in
such courts;
(2) the sentence shall be carried out according to the
laws of the country to which he is to be transferred and
that those laws are subject to change;
(3) if a court in the country to which he is transferred
should determine upon a proceeding initiated by him or
on his behalf that his transfer was not accomplished in
accordance with the treaty or laws of that country, he
may be returned to the United States for the purpose of
completing the sentence if the United States requests
his return; and
(4) his consent to transfer, once verified by the
verifying officer, is irrevocable.
(c) The verifying officer, before determining that an
offender’s consent is voluntary and given with full
knowledge of the consequences, shall advise the offender
of his right to consult with counsel as provided by this
chapter. If the offender wishes to consult with counsel
before giving his consent, he shall be advised that the
proceedings will be continued until he has had an
opportunity to consult with counsel.
(d) The verifying officer shall make the necessary
inquiries to determine that the offender’s consent is
voluntary and not the result of any promises, threats,
or other improper inducements, and that the offender
accepts the transfer subject to the conditions set forth
in subsection (b). The consent and acceptance shall be
on an appropriate form prescribed by the Attorney
General.
(e) The proceedings shall be taken down by a reporter or
recorded by suitable sound recording equipment. The
Attorney General shall maintain custody of the records. |