Massachusetts State Contact For International Prisoner Transfer

• Administrator - The Administrator of the International Transfer Program is the Commissioner's designee responsible for developing, implementing, and monitoring departmental initiatives in the area of international transfers of inmates. The Director, Classification Division is designated as the Administrator of the International Transfer Program.
  
  Classification - A system by which each inmate's needs are regularly assessed in relation to the inmate's placement and program resources. Classification regulations are found at 103 CMR 420.00.
  
  Commissioner - The Commissioner of Correction. The Commissioner is responsible for policy development, budgetary strategies and decisions, managing political issues, development of legal strategies, establishing department objectives, disseminating public information, maintaining contact with other governmental agencies, professional supervision of Superintendents and site visits to correctional institutions. Staff reporting directly to the Commissioner shall include, but not be limited to:

1. Deputy Commissioner
2. Associate Commissioner of Administration
3. Chief of Staff
4. General Counsel
5. Chief of Investigations
6. Director of Public Affairs
7. Legislative Manager
8. Immediate Support Staff

Foreign National - An inmate incarcerated in a Massachusetts state prison who is not a United States citizen or who has dual citizenship status with the United States and another Country.

Receiving state - The country to which a foreign national may be transferred.

Sentence - Any punishment or measure involving deprivation of liberty ordered by a court on account of a criminal offense.

462.07: Notification to Inmates of International Transfer Program

1. Foreign nationals shall be notified about the potential for a return to their home country.
    
2. During the initial intake or classification process, following a foreign nationals commitment to the state prison system, a foreign national shall be given a form by which the inmate can declare the inmate's initial intention upon being notified of the transfer possibility.

462.08: Eligibility Criteria

An inmate meeting the following general eligibility criteria may request a transfer to his home country (the receiving state), provided that the receiving state is a party to a prisoner transfer treaty with the United States and provided:

1. That the inmate is a national of the receiving state; and
    
2. That the acts or omissions on account of which the sentence has been imposed constitute a criminal offense according to the law of the receiving state or would constitute a criminal offense if committed on its territory.

462.09: Initiation of Transfer Application

An inmate meeting the necessary eligibility criteria may initiate consideration of an international transfer by submitting an application form to his correction program officer.

462.10: Department of Correction Discretionary Review Process

1. Within 30 days following the receipt of an application form, the designated staff member at the facility in which the inmate is currently residing shall schedule a classification review to consider the inmate for transfer to the inmate's home country (the receiving state) . All classification reviews shall be held in accordance with Departmental regulations concerning Classification, 103 CMR 420.00. Additionally, in any instance where an inmate is being considered for international transfer, following the superintendent's decision, the classification review shall be forwarded to the Administrator of the International Transfer Program (Director, Classification Division), for review and decision. If approved by the Administrator, the classification materials will be forwarded to the Commissioner for final review.
    
2. If the Commissioner approves the transfer request, the application will be forwarded to the Governor's Office.
    
3. If the Commissioner does not approve the transfer request, the application will not be forwarded to the Governor's Office.

462.11: Other Review Processes

1. In addition to approval by the Commissioner, an inmate's transfer application must also be approved by each of the following: the Governor's Office; the United States Department of Justice; and the Receiving State. Denial by any one of the three reviewing authorities constitutes a denial of an inmate's transfer application; however, an inmate may reapply one year from the date of denial of his application.
    
2. If the transfer request is approved by all of the reviewing authorities, the inmate will receive a hearing before a United States Magistrate at which time the Magistrate will determine whether the inmate consents to the transfer. if so, and provided that no proceeding by way of any appeal or of collateral attack is pending in Massachusetts and the inmate has waived all rights of appeal or collateral attack, the inmate shall be transferred.

1. The superintendent of each institution shall be responsible for implementing and monitoring 103 CMR 462.00 within his/her institution.
    
2. The Administrator of the International Transfer Program or his designee shall be responsible for implementing and monitoring 103 CMR 462.00 throughout the department.