137-67-025 Initial notification.
137-67-030 Process for application.
137-67-035 Referral by the secretary to the Office of International Affairs, Criminal Division, Department of
137-67-040 Verification hearing.
137-67-045 Return to state custody.
WAC 137-67-010 Purpose. The rules in this chapter establish the process for inmates of adult correctional institutions to apply for transfer to their countries of citizenship or origin in accordance with RCW 43.06.350.
[Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07). § 137-67- 010, filed 9/3/85.]
WAC 137-67-015 Definitions.
- "Department" is the department of corrections.
- "Adult correctional institution" and "institution" is a facility identified in RCW 72.01.050(2) and any similar facility hereafter established.
- "Secretary" is the secretary of the department of corrections or the secretary's designee.
- "Director" is the director of the division of prisons of the Washington state department of corrections or the director's designee.
- "Superintendent" is a superintendent of an adult correctional institution or the superintendent's designee.
- "Treaty nation" is a country which has entered into a treaty with the United States on the execution of penal sentences.
- "Treaty" is a treaty under which an offender, sentenced in the courts of one country, may be transferred to the country of which the offender is a citizen or national, for the purpose of serving the sentence.
- "Country of origin or citizenship" is the country in which the inmate was born or in which the inmate has duly recognized citizenship.
- "OIA" is the Office of International Affairs, Criminal Division, United States Department of Justice.
- "United States" is the United States of America.
- "Detainer" is a hold or request for notification placed by any local, state, or federal law enforcement, penal, or prosecutional agency based on untried charges, parole or probation violation, escape, unexpired sentence, bond jumping, or any other fugitive matter.
[Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07), § 137-67- 015, filed 9/3/85.]
WAC 137-67-020 Request for transfer. An inmate committed to the Washington corrections system who is a citizen of a foreign country may make an application for a voluntary transfer to the inmate's country of origin or citizenship, provided the following conditions exist:
- The inmate is able to establish citizenship in a treaty nation;
- The inmate voluntarily requests the transfer;
- There is no unresolved detainer lodged against the inmate,
- There is no pending fine or restitution obligation imposed on the inmate by a court of competent jurisdiction in the United States;
- There is no pending or actual sentence for civil contempt against the inmate; and
- There is no pending appeal or collateral attack on the underlying sentence or sentences which form the basis of the inmate's custody.
[Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07), § 137-67-020, filed 9/3/85.]
WAC 137-67-025 Initial notification. At the time of admission to the Washington corrections center, or the Purdy corrections center for women, the orientation information given to all inmates will include information on international offender transfers. An inmate who is a citizen of a treaty nation will be informed of the existing treaty and be provided with the opportunity to indicate an interest or non interest in a transfer to the inmate's country of origin or citizenship on an application form provided by the department. Whenever possible, the form will be bilingual or translated into the inmate's native language. The application will be processed consistent with the purpose and provisions of the applicable treaty.
[Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07), § 137-67-025, filed 9/3/85.]
WAC 137-67-030 Process for application. After the inmate's foreign country citizenship has been verified and that country has been identified as a treaty nation, the superintendent will forward the inmate's application for transfer and the verification of citizenship to the director. All applications for international transfer will be submitted by the director to the secretary for final department approval and recommended to the governor or the governor's designee pursuant to RCW 43.06.350.
[Statutory Audwrity: RCW 72.68.010. 85-18-061 (Order 85-07), § 137-67- 030, filed 9/3/85.]
WAC 137-67-035 Referral by the secretary to the Office of International Affairs, Criminal Division, Department of Justice. After approval of an inmate's application for transfer b the governor or the governor's designee, the secretary will refer the inmate's application to OIA.
[Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07), § 137-67-035, filed 913/85.]
WAC 137-67-040 Verification hearing. Following OIA approval and approval of the treaty country, the inmate will be referred by OIA to a United States magistrate or a United States district court judge, or other appointed States official to assure and document the inmate's voluntary request for transfer. Federal authorities will complete the necessary procedures to effect voluntary transfer under the applicable treaty and laws of the United States.
[Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07), § 137-67-040, filed 9/3/85.]
WAC 137-67-045 Return to state custody. If for any reason an inmate's transfer is determined to be invalid, the state of Washington will reaccept the inmate for imprisonment for the remainder of the inmate's original sentence.
[Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07), § 137-67-045, filed 9/3/85.]
43.06.350 Foreign nationals or citizens, convicted offenders - Transfers and sentences. Whenever any convicted offender, who is a citizen or national of a foreign country and is under the jurisdiction of the department of corrections, requests transfer to the foreign country of which he or she is a citizen or national, under a treaty on the transfer of offenders entered into between the United States and a foreign country, the governor or the governor's designee:
- May grant the approval of the state to such transfer as provided in the treaty; and
- Shall have, notwithstanding any provision of chapter 9.95 or 72.68 RCW, the plenary authority to fix the duration of the offender's sentence, if not otherwise fixed, whenever a fixed sentence is a condition precedent to transfer. [1983 c 255 § 9.] Severability-1983 c 255. See RCW 72.74.900.
72.68.010 Transfer of prisoners.
- Whenever in its interests of the state or the welfare of any prisoner confined in any penal institution will be better served by his or her transfer to another institution or to a foreign country of which the prisoner is a citizen or national, the secretary may effect such transfer consistent with applicable federal laws and treaties.
- If directed by the governor, the secretary shall, in carrying out this section and RCW 43.06.350. adopt rules under chapter 34.05 RCW to effect the transfer of prisoners requesting transfer to foreign countries. [1983 c 255 § 10; 1979 c 141 § 282; 1959 c 28 § 72.68.010. Prior: 1955 c 245 § 2. 1935 c 114 § 5; IRS § 10249-5. Formerly RCW 9.95.180.)
Severability---1983 c 255: See RCW 72.74.900.
INTERNATIONAL TRANSFER OF OFFENDERS
POLICY NUMBER : 330.700
EFFECTIVE DATE : JANUARY 31, 1998
SUPERSESSION : None.
AUTHORITY : General authority of the Secretary of the Department to manage and direct the Department, RCW 72.09.050.
- To establish a system for identifying offenders who are citizens of other nations;
- To establish a process for application for transfer under the International Treaty Agreement to the respective country of citizenship; and
- To comply with legal mandates and expectations of the United States Department of Justice regarding advising foreign nations of their rights under international law and treaty agreements.
Office of Correctional Operations.
FOREIGN NATIONAL - An individual who is a citizen of another nation or who has established dual citizenship.
TREATY NATIONS - Nations which have entered into a formal agreement with the United States regarding the transfer of sentenced persons (see International Treaty Transfers (DOC Form 05-706)) for participating countries.
- Identifying Offenders
All offenders committed to a reception center will be asked to identify their citizenship. Offenders indicating citizenship other than the United States will be informed of the possibility of transfer under the International Treaty Agreement and informed that such transfers are a privilege rather than a right as outlined in the agreement. A Transfer Inquiry (DOC Form 05-144) will be completed on every foreign national and placed in the central file. The offender will indicate interest or lack of interest in being transferred to the country of citizenship. Offenders who are foreign nationals may request transfer under the International Treaty Agreement at any time during their incarcertation, following their transfer from a reception center. Consistent with WAC 137-67-020, transfer requests are voluntary.
- Processing Requests for Transfer
- When the offender requests a transfer while in a reception center, the request will be reviewed at the next schedule review. The assigned counselor will utilize the Checklist for Transfer Packet to Treaty Nation (DOC Form 05-689) in preparing the classification referral. The review must address the offender's community support in the treaty nation, including names and addresses when available. The offender's birthplace or right to citizenship will be documented by a birth certificate or other legal means. Outstanding legal financial obligation must be sattisfied (paid) prior to transfer to a treaty nation. Offender with detainer (apart from Immigration and Naturalization Service detainers) and those pending appeal or collateral attack on the underlying sentence(s) which form the basis of the offender's incarceration are not eligible for transfer consideration.
- A request to transfer under the International Treaty Agreement will be processed irrespective of conduct or programming as long as the offender meets the legal requirements for application. The International Transfer Process will be tracked via event tracking or Offender Based Tracking System checkdates.
- Upon conclusion of the classification review, the application forms Transfer Inquiry (DOC Form 05-144), Inmate Informaton Provided to Treaty Nation (DOC Form 05-145), and Notice Regarding Irdernational Prisoner Transfer (DOC Form 05-146) are sent with complete packet materials to the Chief of Classification and Treatment, Offender Programs, Office of Correctional Operations. Review by the Headquarters Community Screening Committee (HCSC) will be conducted once the completed application and packet matarials are received. Provided HCSC supports the transfer request, notification will he made by Offender Programs to the prosecuting attorney, sentencing judge, and/or Indeterminate Sentence Review Board when applicable.
- When objections to the transfer are received from other criminal justice agencies, a secondary review by HCSC will be conducted.
- When no objections to the transfer are received, or following a sufficient period to allow for response, the application packet (copy) will be submitted to the Secretary of the Department who will make a recommendation to the Governor.
- If approved by the Governor, the application will be forwarded to the United States Department of Justice for corisideration.
The Policy Coordination Committee shall coordinate the review of Department policies at least every two years and update as needed.REFERENCES:
RCW 72.68.01 0; WAC 137-67.ATTACHMENTS:
- Attachment 1 - International Treaty Transfer (DOC Form 05-705).
Attachment 2 - Transfer Inquiry (DOC Form 05-144).
Attachment 3 - Checklist for Transfer Packet to Treaty Nation (DOC Form 05-689).
Attachment 4 - Inmate Information Provided to Treaty Nation (DOC Form 05-145).
Attachment 5 - Notice Regarding International Prisoner Transfer (DOC Form 05-146).
Joseph D. Lehman, Secretary
Dated: January 2, 1998