Statute 302.185. Transfer to foreign countries under treaty.
If a treaty is in effect between the United States and a foreign country, allowing a convicted person who is a citizen or national of the foreign country to transfer to the foreign country, the governor may commence a transfer of the person if the person requests.
Historical and Statutory Notes
||L., 1963, c. 348.
||St. 1987, § 53.185.
|| L., 1981, c. 29, § 2. eff. Aug. 20, 1981
||1989 Act 31, § 1637, eff. Jan 1, 1990.
INTERNAL MANAGEMENT PROCEDURES
STATE OF WISCONSIN
DEPARTMENT OF CORRECTIONS
DIVISION OF ADULT INSTITUTIONS
PROCEDURE NUMBER: DOC 302, IMP 7
INTERNATIONAL TRANSFER OF INMATES
ORIGINAL EFFECTIVE DATE: 01/01/86
NEW EFFECTIVE DATE: 03-1-99
SUPERSEDES NUMBER: DOC 302, IMP 7, 08/03/92
The State of Wisconsin may transfer inmates who are citizens or nationals to those countries, which have executed treaties with the United States.
REFERENCES: Wisconsin Statute Section 302.1 85
18 United States Code Chapter 306, 4100-4115
Program Statement #5140.29, Federal Bureau of Prisons
Treaties: Agreements between the United States and other countries that permit federal and state inmates to be transferred to their country of citizenship to serve their sentences of confinement or supervision.
Verification Hearing: A hearing before a U. S. Magistrate Judge or U. S. District Court Judge to document the inmate's voluntary consent to transfer.
DOC-45 Temporary Release Request/Order/Cancellation
* Basic requirements for transfer:
- The inmate may only be transferred to those countries with which the United States has a treaty.
- Both the sending and receiving country must agree to the transfer.
- The inmate must give consent.
- There must be no pending legal proceedings or charges.
- The time left to serve must meet treaty requirements.
- The inmate must be convicted of a crime that is punishable under the laws of the receiving country.
- DAI Administrator/Designee Responsibilities:
- Ensure that DOC Internal Management Procedures include information on international inmate transfers.
- Administer DOC policies and procedures and ensure compliance.
- Review and evaluate inmate transfer requests.
- If inmate is eligible acquire treaty information and application procedures.
- If inmate is eligible notify the prosecutor, sentencing judge and the parole commissioner of the transfer request. Review responses and decide whether to proceed.
- If proceeding, request completed transfer application packet from the institution.
- Submit the application to the Department Secretary for review and decision/ recommendation.
- Upon Secretary's approval forward application to the Governor's Office.
- Upon Governor's approval forward application to the U.S. Department of Justice.
- Upon U.S. Department of Justice approval and the approval of the receiving country, coordinate the inmate's verification hearing with the U.S. Department of Justice.
- Notify the inmate and the sending institution of the U. S. Department of Justice decision.
- Warden/Designee Responsibility:
- Prepare and forward the original inmate transfer packet to the DAI Administrator/Designee.
- Retain a copy of the transfer packet in the Social Services File.
- Receive the U.S. Department of Justice notice regarding the inmate's verification hearing and prepare Temporary Release Order, DOC-45.
- Transport approved inmate to verification hearing.
- Prepare all property, medication, and funds to accompany inmate as if being released from the verification hearing.
- Provide transportation and security throughout the hearing.
- If custody changes, transportation officers must obtain a body receipt from the U.S. Marshall or U.S. Bureau of Prisons officials at the time of custody change. They are to notify an institution supervisor of the hearing results. Security staff must forward the body receipt to the Records Office.
- Notify the Immigration and Customs Enforcement office of completed transfer for cases with ICE detainers on file.
- Submit a written request to the Division of Adult Institutions Administrator or Designee.
- Attend verification hearing.
- Comply with DOC Administrative Codes and institution policies and procedures.