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Chapter 1, § 130: Consent Verification Hearings

Guide to Judiciary Policy, Vol 7 Defender Services, Part B International Prisoner Transfer Proceedings, Chapter 1: Overview

§ 130 Consent Verification Hearings

(a) United States citizens incarcerated abroad and foreign nationals incarcerated within the United States must obtain approval for a transfer from both the DOJ and the government of the foreign country in which the prisoner is currently incarcerated or to which the prisoner wishes to transfer.

(b) Once the prisoner has obtained the necessary approvals, a consent verification hearing is scheduled. This hearing is mandated by 18 U.S.C. § 4108(a). The purpose of the hearing is to verify that the individual consents to a transfer to his or her home country to complete a sentence of incarceration voluntarily, and with full knowledge of the consequences of the transfer.

(c) The consent verification hearing is held in the country in which the sentence was imposed and is conducted by a U.S. magistrate judge or by a citizen specifically designated by a judge of the United States as defined by 28 U.S.C.§ 451. See: 18 U.S.C. § 4108(a).

(d) If at the time of the transfer, the offender is under 18 years of age or deemed by the U.S. magistrate judge to be incompetent, consent to the transfer must be given by a parent, guardian, guardian ad litem, or by an appropriate court of the sentencing country. See: 18 U.S.C. § 4100(b).

(e) Additional guidance on the procedures for consent verification hearings in international prisoner transfer cases may be obtained from the AO's Judicial Services Office, 202-502-1800.

Last substantive revision (Transmittal GR-17) January 20, 2010
Last revised (minor technical changes) November 9, 2021