ECONOMIC SECURITY AND PUBLIC WELFARE
196.073. Governor's authority to authorize commissioner to consent to transfer of convicted offenders under federal treaty. KENTUCKY
POLICIES AND PROCEDURES
If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty, authorize the commissioner of the Department of Corrections to consent to the transfer of offenders and take any other action necessary to initiate the participation of the state in the treaty, upon application of the offender.
(Enact. Acts 1994, ch 418, § 1, effective July 15, 1994.)
INTERNATIONAL TRANSFER OF INMATES
Policy Number 18.18
References: KRS, 196.000, 196.035, 197.020 and 197.505
Date Issued: February 17, 1995
Effective Date: February 17, 1995
This policy is issued in accordance with Kentucky Revised Statutes 196.035 and 197.020 which authorize the Commissioner of Corrections to adopt, amend and rescind rules and regulations necessary for the proper administration of the Department of Corrections. Kentucky Revised Statutes 196 authorizes the Commissioner of the Department of Corrections to consent to the transfer of offenders to a foreign country.
The purpose of this policy is to establish a procedure for inmates to apply for transfer to a foreign country and a procedure for handling such applications.
This policy is applicable to all employees of the Department of Corrections, private prisons, and all inmates assigned to an institution operated by the Department of Corrections or a private prison established by KRS 197.505.
"Foreign National" means a citizen of any country other than the United States.
"Administrator" means that person appointed by the Commissioner of the Department of Corrections to review requests for transfers to a foreign country under the provisions of this procedure.
It is the policy of Corrections:
- To notify all inmates who are foreign nationals, of the existence of the procedure by which they may be allowed to serve their sentence of imprisonment in the country of which they are a citizen.
- To assist the inmate in making application for such a transfer.
- To review the application, determine whether a treaty exists which would allow the requested transfer.
- To compile the information necessary to process an application for a transfer under this procedure.
- To submit all pertinent information to the Commissioner of Corrections for a decision on whether to approved the transfer.
- To cooperate with the Federal authorities in processing the request for a transfer under this procedure.
- All inmates who are identified as foreign nationals, shall, upon entry into an institution, be notified that there exit treaties between the United States and certain foreign countries which may allow them to serve the remainder of their sentence in the country of which they are a citizen.
- All inmates shall be notified how to apply for such a transfer. If an inmate wishes to apply for a transfer to the country of which he is a citizen, institutional staff shall contract the Administrator to determine if a treaty exists which would make possible the transfer of the particular inmate. If no such treaty exists, the request for transfer shall be denied and the inmate shall be so notified.
- If a treaty exists which shall make the requested transfer possible, the institutional staff shall assemble the following information:
- The nature of the inmates crime, the source of his commitment, and the length of his sentence.
- The last action of the Parole Board with reference to the inmate.
- The existence of any pending legal matters known to the institutional staff.
- Inmates with less than six months remaining until completion of their sentence or those inmates seeking transfer to Mexico or Canada who have not been ordered by the Parole Board to serve out the remainder of their sentence are not eligible to transfer under existing treaties. Their application for transfer shall be denied at the institutional level and the inmate shall be so notified. A copy of the application, the denial notification and supporting documentation shall be sent to the Administrator.
- The inmate's application for transfer, if not already denied, along with the information gathered by institutional staff, shall then be sent to the Administrator. The Administrator shall review the application and obtain any additional information needed, including but not limited to:
- A statement, if available, from the prosecutor who prosecuted the inmate as to whether there are any objections to the transfer, and;
- Whether there is any legal action pending involving the inmate.
- Any other information needed to determine the advisability of the transfer.
- The Administrator shall prepare a report to the Commissioner of the Department of Corrections advising whether the inmate appears to quality for the requested transfer and whether there exists any known objections to the transfer.
- The Commissioner of the Department of Corrections shall then decide whether to approve the application to transfer or whether to reject it. If the transfer is rejected the inmate shall be notified. If the application to transfer is approved by the Commissioner, the Administrator shall forward all assembled information to the Governor's Office for his consideration.
- If the Governor approves, the Administrator shall then forward all assembled information to the Prison Transfer Unit, Office of Enforcement Operations, Criminal Division, United States Department of Justice.
- If the application for international transfer is approved at the Federal level, the institutional staff shall cooperate with the Federal authorities in arranging for the appearance of the inmate in Federal Court.
- Upon acknowledgment by the U.S. Department of Justice that the inmate is ready for transfer, custody of the inmate may be turned over to the agents designated by the U.S. Department of Justice.