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736

Reconsideration of Prisoner Transfer Requests

The federal enabling statute does not address whether a decision to deny a transfer request can be reconsidered or whether a denied applicant can reapply for transfer in the future. It is the policy of the Department not to reconsider its decision to deny a transfer request in the absence of significant new information that either removes the obstacle to transfer or indicates the presence of a compelling circumstance. With respect to whether a denied applicant can reapply for transfer after his application has been denied, it is the general policy of the Department that the applicant must wait for two years from the date of the denial of his transfer request before he can reapply for transfer. Exceptions to this policy occur if the original impediment to transfer (i.e., a pending appeal or need for the prisoner's testimony) no longer exists or if a compelling circumstance exists (i.e., extraordinary humanitarian reasons).

[updated and renumbered March 2012] [cited in USAM 9-35.010]