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International Prisoner Transfer Program
How the Program Works
In order for a prisoner to be transferred, both the transferring country and the receiving country must agree to the transfer; the prisoner must also give his consent. Additional specific conditions of eligibility are delineated in the various treaties. Much of the practice and procedure for prisoner transfers is governed by 18 U.S.C. § 4100 et seq. A prisoner who is interested in transferring should apply to the Warden of the facility at which he is incarcerated, with the advice and assistance, if necessary, of a consular official of his home country.
The decision to approve or deny a proposed transfer is committed to the discretion of the Department of Justice and is based upon the entire record of the offender. The factors considered in determining the appropriateness of transfer include the seriousness of the offense and the prisoner's role in it, the existence of outstanding fines or restitution orders, the offender's prior criminal record (if any), the strength of the offender's ties to each country, and the likelihood that transfer of the prisoner will, in fact, promote his or her rehabilitation. Occasionally, special humanitarian concerns -- such as the terminal illness of a prisoner or a close family member -- are considered. The Department of Justice collects information about each proposed transferee from a variety of sources and deliberates carefully before deciding. The process usually takes at least three months.
Guidelines for Evaluating Prisoner Applications for Transfer
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