734
Review of Prisoner Transfer Requests
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The International Prisoner Transfer Unit (IPTU) of the Office of
Enforcement Operations, Criminal Division, is responsible for approving and
administering the transfer of prisoners to and from the United States
pursuant
to the prisoner transfer treaties. Much of the practice and procedure for
transfer is governed by 18 U.S.C. § 4100 et seq., with
applicable
regulations set out at 28 C.F.R. § 527.40 et seq.
The decision to approve a transfer is based upon the entire record
of
the offender. If a foreign national incarcerated in the United States on a
Federal sentence requests a transfer to his or her country of origin, a
transfer
request package is compiled by the Bureau of Prisons. These packages
contain (1)
the application of the offender requesting transfer, (2) the judgment and
commitment order for the underlying offense(s), (3) the presentence
investigation
report, (4) information about the prisoner's adjustment to prison, (5)
sentence
computation information, (6) information about the prisoner's ties to
his/her
home country and to the United States, and (7) information about pending
appeals
or detainers. Inquiry is then made of the prosecutor and of the law
enforcement
agency involved in the case for any additional information that might assist
IPTU
in determining the propriety of the requested transfer. The information
about
the transfer request is evaluated within IPTU and, pursuant to 28 C.F.R.
§
0.64-2, is forwarded to either the Director or Senior Associate Director of
the
Office of Enforcement Operations for a final decision. If the transfer
request
is approved, transfer documents are sent to the appropriate foreign
government
agencies. If the transfer is denied, the Bureau of Prisons, the foreign
government, the applicant, and sometimes the United States Department of
State,
are notified.
International prisoner transfer is a discretionary program.
Marquez-Ramos v. Reno, 69 F.3d 477 (10th Cir. 1995); Bagguley v.
Bush, 953 F.2d 660 (D.C. Cir. 1991), cert. denied, 503 U.S. 995
(1992); Scalise v. Thornburgh, 891 F.2d 640 (7th Cir. 1989), cert.
denied, 494 U.S. 1083 (1990). Although no formal regulations exist
governing
the considerations to be applied to prisoner transfer requests, non-binding
internal guidelines do exist. These guidelines set forth a number of
factors
which are considered in determining the eligibility of prisoners for
transfer,
such as: the seriousness of the underlying offenses, whether the offender
has
paid any fines and/or made restitution pursuant to the sentencing court's
order,
the offender's prior record, the strength of the offender's ties to each
country,
and the likelihood of rehabilitation.
[cited in USAM 9-35.010] | |