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§ 4108. Verification of consent of offender to transfer
to the United States
(a) Prior to the transfer of an offender to 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 in the country in which the sentence was
imposed by a United States magistrate judge, or by a
citizen specifically designated by a judge of the United
States as defined in section 451 of title 28, United
States Code. The designation of a citizen who is an
employee or officer of a department or agency of the
United States shall be with the approval of the head of
that department or agency.
(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 country in which he was convicted and
sentenced can modify or set aside the conviction or
sentence, and any proceedings seeking such action may
only be brought in that country;
(2) the sentence shall be carried out according to the
laws of the United States and that those laws are
subject to change;
(3) if a United States court 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 the United States, he may be returned
to the country which imposed the sentence for the
purpose of completing the sentence if that country
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. |