U.S. Code » Title 18 » Part PART III— PRISONS AND PRISONERS › Chapter CHAPTER 306— TRANSFER TO OR FROM FOREIGN COUNTRIES

18 U.S.C. § 4108

Verification of consent of offender to transfer to the United States

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(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.(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 NotesAmendments

1988—Subsec. (a). Pub. L. 100–690 struck out “including any term of imprisonment or term of supervised release 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 promulgated pursuant to 28 U.S.C. 994(a)(1),” after “consequences thereof”.

Statutory Notes and Related SubsidiariesChange 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 Procedure.

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.

Notes of Decisions
Cited in 16 cases, 1979–2008 · leading case: Bishop v. Reno
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Bishop v. Reno (2000) ca11 “In accordance with 18 U.S.C. § 4108 , a United States magistrate judge conducted a hearing in the Bahamas that included Bishop and other similarly sentenced offenders to verify their consent to the transfer.”
Gerald Glen Boyden v. Griffin Bell, Attorney General, and L. R. Putnam, Warden (1980) ca9 · cites it 2× “18 U.S.C. § 4108 (b) provides that a transferring prisoner agrees not to challenge his conviction or sentence in the United States and to accept that the remainder of his sentence will be carried out according to the laws of the United States.”
Kass v. Barr (1996) ca10 · cites it 2× “See 18 U.S.C. §§ 4108 and 4109. During the hearing, Mr.”
George Jerome Pfeifer v. United States Bureau of Prisons (1980) ca9 “It provides that the offender be advised of his or her right to counsel, that certain specific questions be asked concerning the consequences of transferring, and that a record be made of the verification proceedings.”
Karl L. Cannon v. U.S. Department of Justice, United States Parole Commission (1992) ca5 “See 18 U.S.C. § 4108 (b)(1) (verifying officer shall inquire as to transferee’s understanding and agreement that "only the [sentencing court] may modify or set aside the conviction or sentence.”
Pfeifer v. United States Bureau of Prisons (1979) casd · cites it 2× “A review of the transcript of this hearing reveals that Magistrate Harris made all the inquiries required of him under 18 U.S.C.A. § 4108 (Supp.1978). Nothing in the record shows that the magistrate’s finding of a voluntary consent was clearly erroneous or an abuse of discretion.”
Rosado v. Civiletti (1980) ca2 · cites it 2× “18 U.S.C. § 4108 . In addition, the offender may receive the advice of counsel prior to the consent verification proceeding, and those who cannot afford counsel must have counsel appointed for them by the verifying officer.”
Velez v. Nelson (1979) ctd · cites it 2× “18 U.S.C. § 4108 (a), (b), (d). The Supreme Court has emphasized that there is “no talismanic definition of ‘voluntariness,’ mechanically applicable to the host of situations where the question has arisen.”
James Edward Verner v. United States Parole Commission (1998) ca10 “” 18 U.S.C. § 4108 (b)(2); see Treaty Arts.”
Robert Venetucci v. Constance C. Reese (2002) ca8 “At the 18 U.S.C. § 4108 hearing to verify his consent to transfer, and in a subsequent written and signed affirmation, Venetucci agreed that any legal proceeding challenging his conviction or sentence had to be brought in Italy — an agreement which is consistent with federal law.”
Mitchell v. United States (1980) wied “Mitchell’s foreign conviction and sentence, the petitioner attempts to open an avenue of attack by suggesting that certain agreements between American and Mexican authorities encouraged the treatment he received in Mexico.”
United States v. Sosa-Sauceda (2008) ca4 “Though the record is silent on this point, United States officials apparently conducted a verification of consent hearing, as required by 18 U.S.C. § 4108 , and found that Sosa-Sauceda knowingly and voluntarily consented to the transfer and understood the conditions and…”
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