18 U.S.C. § 4108 — Verification of consent of offender to transfer to the United States

submitted 49 years ago by Pub. L. 95-144 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 418 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before an offender enters the United States, a designated United States official in the sentencing country must verify informed, voluntary consent. The official must explain transfer conditions, allow counsel, investigate coercion, and preserve the proceeding’s record.

(a) Before transferring an offender to the United States, a United States magistrate judge or a citizen specifically designated by a United States judge defined in section 451 of title 28 must verify, in the country where the sentence was imposed, that the offender consents voluntarily and knows the consequences. A designation of a United States department or agency employee or officer requires that department or agency head’s approval. (b) The officer must ask whether the offender understands and agrees that: (1) only the sentencing country may change or set aside the conviction or sentence, and proceedings seeking that action may be brought only there; (2) United States law governs the sentence and that law may change; (3) if a United States court finds in a proceeding brought by or for the offender that the transfer violated the treaty or United States law, the offender may be returned to the sentencing country to finish the sentence if that country asks; and (4) verified consent is irrevocable. (c) Before finding consent voluntary and informed, the officer must advise the offender of the right to consult counsel under this chapter. If the offender wants counsel, the officer must say the proceeding will continue until the offender can consult counsel. (d) The officer must investigate whether consent is voluntary and free from promises, threats, or other improper inducements and whether the offender accepts the conditions in (b). The Attorney General prescribes the consent and acceptance form. (e) A reporter or suitable sound-recording equipment must record the proceeding. The Attorney General keeps the records.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1217; amended Pub. L. 98–473, title II, § 223(m)(4), Oct. 12, 1984, 98 Stat. 2030; Pub. L. 100–690, title VII, § 7101(b), Nov. 18, 1988, 102 Stat. 4415; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

history & why it existsrecord from the source credit

1977Enacted · Pub. L. 95-144 · 91 Stat. 1217
1984Amended · Pub. L. 98-473 · 98 Stat. 2030
1988Amended · Pub. L. 100-690 · 102 Stat. 4415
1990Amended · Pub. L. 101-650 · 104 Stat. 5117

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-144 on 1977-10-28.

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