18 U.S.C. § 4109 : US Code - Section 4109: Right to counsel, appointment of counsel

Search 18 U.S.C. § 4109 : US Code - Section 4109: Right to counsel, appointment of counsel

(a) In proceedings to verify consent of an offender for transfer,
the offender shall have the right to advice of counsel. If the
offender is financially unable to obtain counsel -
(1) counsel for proceedings conducted under section 4107 shall
be appointed in accordance with section 3006A of this title. Such
appointment shall be considered an appointment in a misdemeanor
case for purposes of compensation 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
appointed 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 approved 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
employing agency for travel and transportation expenses.
Notwithstanding section 3324(a) and (b) of title 31, the
Secretary may make advance payments of travel and transportation
expenses to counsel appointed under this subsection.
(b) Guardians ad litem appointed by the verifying officer under
section 4100 of this title to represent offenders who are
financially unable to provide for compensation and travel expenses
of the guardian ad litem shall be compensated and reimbursed under
subsection (a)(1) of this section.
(c) The offender shall have the right to advice of counsel in
proceedings before the United States Parole Commission under
section 4106A of this title and in an appeal from a determination
of such Commission under such section. If the offender is
financially unable to obtain counsel, counsel for such proceedings
and appeal shall be appointed under section 3006A of this title.