77-28b-2. Director’s authority. The director of the Department of Corrections may transfer offenders having foreign citizenship status to countries of citizenship under this chapter if a treaty exists between the United States and the foreign country. Enacted by Chapter 324, 1990 General Session
77-28b-3. Eligibility criteria for international transfer. An offender must meet the following criteria before he may be considered for an international transfer: (1) the offender is a citizen of the receiving country; (2) the offender consents to transfer to his country of citizenship; (3) the offense committed by the offender constitutes a criminal offense under […]
77-28b-4. Role of the classification officer. (1) The classification officer of each correctional institution shall be provided with the eligibility requirements of each prisoner transfer treaty. (2) The classification officer shall forward Form I, Transfer Inquiry, to all offenders identified as having national or citizenship status in a party nation. (3) Upon receipt of Form […]
77-28b-5. Role of institution warden. The warden shall sign Form III, Notice Regarding International Prisoner Transfer, and forward the application and the material required in Section 77-28b-4 in triplicate to the Department of Corrections Inmate Placement Program Bureau. Enacted by Chapter 324, 1990 General Session
77-28b-6. Role of Inmate Placement Program Bureau. (1) The Department of Corrections Inmate Placement Program Bureau shall: (a) investigate the request to ensure that all eligibility requirements are met; (b) request a records check to verify records listed in Section 77-28b-3; (c) review application and materials for completeness and compliance with treaty terms; (d) develop […]
77-28b-7. Role of director. (1) The director of the Department of Corrections shall review the application and materials. Upon his approval the application and materials shall be forwarded to the governor for authorization to transfer. (2) Applications that are not approved by the director shall be returned to the sending institution and the inmate shall […]
77-28b-8. Referral to the United States Department of Justice, Office of International Affairs. (1) Upon receipt of the governor’s authorization for international transfer, the application and materials shall be forwarded to the United States Department of Justice, Office of International Affairs, by the Inmate Placement Program Bureau. (2) The bureau shall notify the inmate and […]
77-28b-9. Transfer of offender. (1) If the inmate is accepted for international transfer by the United States Department of Justice, Office of International Affairs, the offender shall be transported by the Department of Corrections to the federal district court for a verification hearing to ensure the offender consents to the international transfer. (2) The Department […]
