18 U.S.C. § 4108 — Verification of consent of offender to

Page 912 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4108 1 So in original. Probably should be ‘‘section 3006A of this title;’’. See 1990 Amendment note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. § 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 con- sents to such transfer and that such consent is voluntary and with full knowledge of the con- sequences thereof, shall be verified in the coun- try 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 agen- cy. (b) The verifying officer shall inquire of the of- fender whether he understands and agrees that the transfer will be subject to the following con- ditions: (1) only the country in which he was con- victed and sentenced can modify or set aside the conviction or sentence, and any pro- ceedings seeking such action may only be brought in that country; (2) the sentence shall be carried out accord- ing 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 nec- essary inquiries to determine that the offender’s consent is voluntary and not the result of any promises, threats, or other improper induce- ments, and that the offender accepts the trans- fer subject to the conditions set forth in sub- section (b). The consent and acceptance shall be on an appropriate form prescribed by the Attor- ney General. (e) The proceedings shall be taken down by a reporter or recorded by suitable sound recording equipment. The Attorney General shall main- tain custody of the records. (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.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–690 struck out ‘‘includ- ing any term of imprisonment or term of supervised re- lease specified in the applicable sentencing guideline promulgated pursuant to 28 U.S.C. 944(a)(1),’’ after ‘‘consequences thereof,’’. 1984—Subsec. (a). Pub. L. 98–473 inserted ‘‘, including any term of imprisonment or term of supervised release specified in the applicable sentencing guideline promul- gated pursuant to 28 U.S.C. 994(a)(1),’’ after ‘‘con- sequences thereof’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 4109. Right to counsel, appointment of counsel (a) In proceedings to verify consent of an of- fender for transfer, the offender shall have the right to advice of counsel. If the offender is fi- nancially unable to obtain counsel— (1) counsel for proceedings conducted under section 4107 shall be appointed in accordance with section 3006A of this title. Such appoint- ment shall be considered an appointment in a misdemeanor case for purposes of compensa- tion under the Act; 1 (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 ap- pointed 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 ap- proved 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 employ- ing agency for travel and transportation ex- penses. Notwithstanding section 3324(a) and (b)