SOP 222.06: Consular Notification

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Consular Notification|Policy Name:Consular Notification|Policy Name:Consular Notification|
|Policy Number: 222.06|Effective Date: 11/02/2023|Page Number: 1 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

I. Introduction and Summary:

It is the policy of the Georgia Department of Corrections (GDC) that the Consulate
General of an offender’s native country be kept informed as to the offender’s custody
status or occurrences of significant events during incarceration, pursuant to the Vienna
Convention on Consular Relations. Offenders identified as foreign nationals shall be
informed of their right to contact the Consulate General representing his/her native
country.

II. Authority:

A. Vienna Convention on Consular Relations;

B. GDC Standard Operating Procedures (SOPs): 208.03 Death of an Offender, 227.01

Offender Access to Telephones, 227.03 Access to Courts, 227.05 Visitation of
Offenders, and 220.04 Offender Orientation; and

C. ACA Standards: 5-ACI-3D-07 and 4-ALDF-6A-06.

III. Definitions:

A. Consular Officer or Consular Representation - A citizen of a foreign county

employed by that government and authorized to provide assistance on behalf of
that government to its citizens in a foreign country.

B. Foreign National - Any person who is a citizen of a country other than the United

States of America. The terms “foreign national” and “alien” are used
interchangeably. Foreign nationals include illegal aliens, persons with green cards,
visitors from foreign countries, and lawful permanent residents born in a foreign
county.

C. Consular Notification and Access Booklet - This booklet can be downloaded

from the U.S. State Department Website at the following address:
[https://travel.state.gov/content/travel/en/consularnotification.html](https://travel.state.gov/content/travel/en/consularnotification.html)

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Consular Notification|Policy Name:Consular Notification|Policy Name:Consular Notification|
|Policy Number: 222.06|Effective Date: 11/02/2023|Page Number: 2 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

D. Foreign Consular Offices in the United States - This booklet can be downloaded

from the U.S. State Department Website at the following address: [Contact Info for](https://travel.state.gov/content/travel/en/consularnotification/ConsularNotificationandAccess.html)
[Foreign Embassies & Consulates (state.gov)](https://travel.state.gov/content/travel/en/consularnotification/ConsularNotificationandAccess.html) (click on the latest version on the left
side of the screen)

IV. Statement of Policy and Applicable Procedures:

This policy is applicable to GDC Central Office and all facilities or centers under the
jurisdiction of the Board of Corrections that house incarcerated offenders.

A. Pursuant to the Vienna Convention on Consular Relations (VCCR), offenders

identified as foreign nationals shall be informed of the provisions of the
Convention.

1. During the Orientation segment of diagnostic processing and upon arrival at

any permanently assigned facility, offenders identified as Foreign Nationals
shall be informed of their right to contact the Consulate General representing
their native country. (See SOP 220.04 Offender Orientation)

2. Nationality may be determined by looking on the Transfer Assignment order

or the Personal History Statement.

B. Consular Notification:

1. If the offender is a Foreign National, the Warden or designee will determine

whether consular notification is mandatory or optional. Mandatory
Notification Countries and Jurisdictions, Attachment 1 of this SOP, provides a
list of counties that require mandatory consular notification.

2. Mandatory Consular Notification: It is the responsibility of the

Warden/Superintendent or designee to provide mandatory consular
notifications. If the Foreign National offender’s country is on the list of

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Consular Notification|Policy Name:Consular Notification|Policy Name:Consular Notification|
|Policy Number: 222.06|Effective Date: 11/02/2023|Page Number: 3 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

mandatory notification countries provided in Attachment 1, the
Warden/Superintendent or the designee will:

a. Notify the country’s nearest consular office of the offender’s incarceration

without delay by completing the Consular Notification Facsimile Form,
Attachment 3. Consular Office phone and fax numbers can be found in the
Consular Notification and Access Booklet published by the U.S. State
Department.

i. Consular notification for those countries on the mandatory notification

list shall be made even over the objection of the offender.

ii. Copies of Consular Notification Facsimile Form, Attachment 3, shall

be retained in the offender’s institutional file. A case note shall also be
entered into SCRIBE documenting this action.

b. Inform the offender of the consular notification using the following

statement: “Because of your nationality, we are required to notify your
country’s consular offices here in the United States that you have been
arrested or detained. We will do this as soon as possible. In addition, you
are entitled to communicate with your consular officers. You are not
required to accept their assistance, but your consular officers may be able
to help you obtain legal representation and may contact your family and
visit you in detention, among other things.”

3. Optional (Non-Mandatory) Consular Notification: It is the responsibility of the

Warden/Superintendent or designee to offer the provision of consular
notification for all other foreign national offenders incarcerated by GDC. If the
offender’s country IS NOT on the mandatory notification list provided in
Attachment 1, the Warden/Superintendent or the designee will:

a. Offer to notify the offender’s consular officials of the offender’s

incarceration, without delay by use of Attachment 2, Offender’s Decision

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Consular Notification|Policy Name:Consular Notification|Policy Name:Consular Notification|
|Policy Number: 222.06|Effective Date: 11/02/2023|Page Number: 4 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

Concerning Optional Consular Notification, when offering the offender
this option in English. Suggested statements for non-English speaking
offenders are provided in the Consular Notification and Access Booklet.

b. If the offender asks that consular notification be given, notify the Country’s

nearest consular office without delay, of the offender’s incarceration by
completing the Consular Notification Facsimile Form, Attachment 3.
Consular Office phone and fax numbers can be found in the Consular
Notification and Access Booklet.

c. Copies the Consular Notification Facsimile Form, Attachment 3, or the

offender’s refusal to have their consulate office notified, Attachment 2,
Offender’s Decision Concerning Optional Consular Notification, shall be
retained in the offender’s institutional file. A case note shall also be entered
into SCRIBE documenting this action.

C. Foreign National Offender’s Access to the Consulate General of his/her native

Country:

1. The latest Consulate General Listing, Foreign Consular Offices in the United

States (“Directory”) shall be included as part of the Reference Library at each
facility/center. (See SOP 227.03 Access to Courts).

2. Foreign national offenders shall be informed during orientation at each facility

as to the location of this directory and how to access it.

D. A foreign national offender shall be allowed visitation and telephone calls with

representatives of the Consulate General of his/her native country. (See SOPs
227.05 Visitation of Offenders, and 227.01 Offender Access to Telephones):

1. The visit shall be scheduled at least twenty-four (24) hours in advance unless

the Warden/Superintendent approves a shorter timeframe.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Consular Notification|Policy Name:Consular Notification|Policy Name:Consular Notification|
|Policy Number: 222.06|Effective Date: 11/02/2023|Page Number: 5 of 5|
|Authority:
Commissioner
|Originating Division:
Facilities Division
|Access Listing:
Level II: Required Offender
Access|

2. The visiting consular official must present his/her U.S. State Department

issued photo identification card, which identifies him/her as a consular
representative.

3. Correctional staff shall maintain surveillance and general supervision during

the visit. The correctional staff member shall be positioned to permit the
Consulate General representative and offender to converse privately and
maintain the privileged nature of their relationship.

E. The GDC General Counsel shall notify the appropriate Consulate General in the

event that a Foreign National offender dies while in the custody of GDC. (See SOP
208.03 Death of Offender):

1. The Warden/Superintendent or designee shall notify the GDC General Counsel

of the circumstances surrounding the death on the next business day following
the death. The GDC General Counsel will notify the appropriate Consulate
General, in writing, within five (5) calendar days of the Foreign National
offender’s death.

2. A copy of the notification from both the Warden/Superintendent or designee

and the GDC General Counsel shall be placed in the offender’s institutional
file.

V. Attachments:

Attachment 1: Mandatory Notification Countries and Jurisdictions
Attachment 2: Offender’s Decision Concerning Optional Consular Notification
Attachment 3: Consular Notification Facsimile Form

VI. Record Retention of Forms Relevant to this Policy:

Upon completion, Attachments 1, 2, and 3 shall be placed in the offender institutional
file and retained according to the official retention schedule for that file.