DEPARTMENT OF CORRECTIONS
791.265. Transfer of prisoner; limitations on prisoners subject to disciplinary time; notice of transfer; requirements of a secure correctional facility
Text of section effective upon the date that sentencing guidelines are enacted into law after the sentencing commission submits its report to the secretary of the senate and the clerk of the house of representatives pursuant to sections 31 to 34 of chapter IX of the code of criminal procedure.
MICHIGAN DEPARTMENT OF CORRECTIONS OPERATING PROCEDURE
- Under rules promulgated by the director of the department, the assistant director in charge of the bureau of correctional facilities, except as otherwise provided in this section, may cause the transfer or re-transfer of a prisoner from a correctional facility to which committed to any other correctional facility, or temporarily to a state institution for medical or surgical treatment. In effecting a transfer, the assistant director of the bureau of correctional facilities may utilize the services of an executive or employee within the department and of a law enforcement officer of the state.
- A prisoner who is subject to disciplinary time and is committed to the jurisdiction of the department shall be confined in a secure correctional facility for the duration of his or her minimum sentence plus disciplinary time, except for periods when the prisoner is away from the secure correctional facility while being supervised by an employee of the department for 1 of the following purposes:
- Visiting a critically ill relative.
- Attending the funeral of a relative.
- Obtaining medical services not otherwise available at the secure correctional facility.
- Participating in a work detail.
- As used in this section, "Offender" means a citizen of the United States or a foreign country who has been convicted of a crime and been given a sentence in country other than the country of which he or she is a citizen. If a treaty is in effect between the United States and a foreign country, which provides for the transfer of offender from the jurisdiction of the country of which the offender is a citizen, and if the offender requests the transfer, the governor of this state or a person designated by the governor may give the approval of this state to a transfer of an offender, if the conditions of the treaty are satisfied.
- Not less than 45 days before approval of a transfer pursuant to subsection (3) from this state to another country, the governor, or the governor's designee, shall notify the sentencing judge and the prosecuting attorney of the county having original jurisdiction, or the successors in office, of the request for transfer. The notification shall indicate any name changes of the offender subsequent to sentencing. Within 20 days after receiving such notification , the judge or prosecutor may send to the governor, or the governor's designee, information about the criminal action against the offender or objections to the transfer.
- As used in this section, "secure correctional facility" means a facility that houses prisoners under the jurisdiction of the department according to the following requirements.
- The facility is enclosed by a locked fence or wall that is designed to prevent prisoners from leaving the enclosed premises and that is patrolled by correctional officers.
- Prisoners in the facility are restricted to the area inside the fence or wall.
- Prisoners are under guard by correctional officers 7 days per week, 24 hours per day.
Amended by PA. 1980. No. 150 § 1. Imd. Eff. June 10, 1980; P.A.1982, No. 179, § 1, Imd. Eff. June 14, 1982; P.A.
1994, No. 217, § 1.
TRANFER OF FOREIGN NATIONS TO THEIR HOME COUNTRIES
To provide a uniform procedure for the transferring of incarcerated foreign nationals to the their home countries.
- FORMS USED:
CAJ-682, Transfer Inquiry Form
CRX-130, Notice to U.S. Justice Department, Office of International Affairs
A. On June 10, 1980, the Governor signed MCLA 791.265 which provides that the Governor of this State or a person designated by the Governor may give the approval of this State to the transfer of an offender back to his/her home country.
|WHO ||DOES WHAT |
|Qualified Prisoner ||Indicates desire to return to his/her country of citizenship for service of a sentence imposed in a State court by completing and signing the Inquiry Form and forwarding it to the institution head at the institution where prisoner is confined. |
|Institution Head ||Verifies that prisoner is qualified (see attached appendix for qualifications). |
|Deputy Director, CFA ||Forwards Inquiry Form, a certified copy of prisoner's Judgement and |
Commitment Order, and any modification (s) thereof, a copy of a progress report completed within the past 90 days, and a summary face sheet to Deputy Director, BCF, and retains a copy of each.
| ||Notify sentencing judge and prosecuting attorney in sentencing county of CFA request for transfer, asking for their comments. |
| ||After receipt of comments or 15 days if no comments received, reviews inquiry form and comments received from sentencing judge and/or prosecutor to determine whether State is willing to approve. |
| ||If approved, initiates Notice of Office of International Affairs, Criminal Division, U.S. Department of Justice, that Michigan is willing to transfer prisoner. |
| ||Place a copy of all forms in prisoner's file. |
|Department of Justice ||IF APPROVED, Department of Justice will notify the Department of state of the prisoner's request for transfer (go to #11). |
|Department of Justice || IF NOT APPROVED, reasons will be documented and forwarded to appropriate Embassy, through Department of State. A copy will be supplied to the Deputy Director, Michigan Department of Corrections. |
|Deputy Director, CFA ||Notifies prisoner that the Department of Justice is not willing to transfer. |
|Department of State ||Will inform appropriate Embassy of prisoner's request for transfer. |
|Foreign Embassy ||Notifies Deparment of Justice of their willingness or unwillingness to accept prisoner. |
|Department of Justice ||Arranges for a verification proceeding to be held before U.S. Magistrate or judge in state where prisoner is confined. |
|U.S. Magistrate ||Orders prisoner to be placed in federal custody. |
|Institution Head ||Ensures that copies of items listed in Step#3 are available for U.S. Marshall. |
|U.S. Marshall || Delivers prisoner to appropriate federal departure institution. |
QUALIFICATIONS FOR TRANSFER TO FOREIGN COUNTRIES
- The prisoner must be a citizen of the receiving country.
- The prisoner must be convicted and sentenced.
- The prisoner must not be serving a mandatory life sentence for first degree murder (MCLA 750.316) or violation of drug las (MCLA 333.7401(2)(a)(i).
- The prisoner must not be committed solely for a military or immigration offense.
- The prisoner must have at least six months of the instant sentence remaining to be served at the time of request for transfer.
- The prisoner must have no pending proceeding by way of appeal or collateral attack upon the instant conviction or sentence.
- The prisoner must be convicted of a crime which is generally punishable as a crime under the laws of the other country.
- Should the prisoner have an outstanding detainer, and detaining authorities refuse to agree to the prisoner's transfer, the prisoner cannot be transferred.
- The prisoner, the transferring country, and the receiving country must all consent to the prisoner's transfer.
Note: ADDITIONAL INFORMATION PERTAINING TO BOLIVIA REQUIREMENTS:
The prisoner must have complied with each provision of the instant sentence, other than the period of detention, that is, all fines, restitution, court costs, etc. must be satisfied prior to transfer.