SOP 222.03: International Transfers

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|`Functional Area: `
`Facilities Division`|`Reference Number: `
`IIB17-0001`|`Revises`
`Previous`
`Effective Date:`
`11/01/03`|
|`Subject:`
`International Transfers`|||
|`Authority:`
`Donald / Adams`|`Effective Date:`
`3/01/04`|`Page``1`` of`
`8 `|

I. POLICY:

   In accordance with Georgia Department of Corrections (“GDC”)
   guidelines given in this procedure, ensure that all GDC
   inmates are given notice of Georgia’s participation in the
   International Prisoner Transfer Program (“IPTP”), and an
   opportunity to apply for International Transfer to their
   country of citizenship/nationality, provided that such
   countries have executed treaties with the United States, and
   participate in the IPTP (See Attachment 1, Participating
   Countries list). The Appointing Authority is responsible for
   ensuring that the Prisoner Notification (Attachment 5) is
   posted in all housing units and common areas of the facility.
   Accompanying this notice should be a list of those countries
   that participate in the IPTP. Although the actual treaty
   provisions vary, as a matter of practice, a prisoner convicted
   solely of a military offense or a political offense will not
   be suitable for transfer.

II. APPLICABILITY:

All state facilities housing GDC inmates.

III. RELATED DIRECTIVES:

   A. 18 U.S.C.4100-4115

   B. O.C.G.A. 42-13-1 et. seq.

   C. GDC Rules: 125-2-4-.03

   D.  GDC S.O.P.: IIB10-0002

IV. DEFINITIONS:

   A. Domiciliary: A person who has resided in the sentencing
      country at least five years with the intent to remain in
      that country.

|Functional Area:
Facilities Division|Prev. Eff. Date:
11/01/03|Page 2 of
8|
|---|---|---|
|`Functional Area:`
`Facilities Division`|`Effective Date:`
`3/01/04`|`Reference Number:`
`IIB17-0001`|

   B. Major Violator: A person who has been convicted of one or
      more of the following violations of law: murder, rape,
      armed robbery, kidnapping, aggravated sodomy, aggravated
      sexual battery, or aggravated child molestation.

V. ATTACHMENTS:

   Attachment 1- Participating Countries

   Attachment 2– Prisoner Transfer Application Questionnaire

   Attachment 3- Certified Case Summary for State Inmate

   Attachment 4- International Prisoner Transfer Notification and
            Acknowledgement Form

   Attachment 5- Prisoner Notification

Attachment 6- Program Denial Form

Attachment 7- Transfer Notification Form

VI. PROCEDURE :

   A. In order that an inmate may be considered for transfer,
      certain preliminary steps should be initiated by the
      inmate and facility counseling staff. These steps are
      listed below.

      1. The inmate should request from his counselor or law
         librarian a Participating Countries list (Attachment
         1). If it is found that his country of origin is
         participating in the treaty, he will then complete a
         Prisoner Transfer Application Questionnaire
         (Attachment 2) and an International Prisoner
         Transfer Notification and Acknowledgment Form
         (Attachment 4). The completed forms must be returned
         to the counselor, who will assist in this process if
         necessary.

      2. Upon receipt, the counselor will review the inmate’s
         file to gather such information as length of
         sentence, time served, violent or non-violent
         criminal history, inmate behavior while incarcerated
         in Georgia, and length of time the inmate has
         resided in the United States. This data will be
         collected and recorded on the Certified Case Summary
         for State Inmate Form (Attachment 3). At the

|Functional Area:
Facilities Division|Prev. Eff. Date:
11/01/03|Page 3 of
8|
|---|---|---|
|`Functional Area:`
`Facilities Division`|`Effective Date:`
`3/01/04`|`Reference Number:`
`IIB17-0001`|

         completion of this process, the counselor will
         prepare a fact-based recommendation as to whether
         the inmate meets the criteria for transfer. The
         counselor will forward the recommendation and the
         completed application packet to the Chief/ Senior
         Counselor (Highest ranking Counselor assigned to
         respective institution).

      3. Once the process has been properly initiated and all
         the initial pertinent information has been gathered,
         the factors listed below will be considered by the
         Inmate Administration Manager to determine the
         suitability of the inmate for an international
         transfer.

         a. The requesting inmate should not have been
            convicted of a capital crime.

         b. The requesting inmate should have completed at
            least one year of his current sentence, and
            have at least one year remaining to be served
            at the time of the request for transfer.

         c. The requesting inmate should not have been
            sentenced as a major violator.

         d. The requesting inmate should have a determinate
            sentence.

         e. The requesting inmate should be serving a first
            confinement in the Georgia Department of
            Corrections, regardless of the number of
            confinements in other jurisdictions.

            Note: While the above items should serve as
            guidelines to promote uniform consideration of
            IPTP applications, the Inmate Administration
            Manager should consider all applications on a
            case by case basis and should consider any and
            all factors deemed relevant in making a
            determination.

B.  Limitations on IPTP transfer of inmates

      1. An inmate in custody for civil contempt may not be
         considered for return to the inmate’s country of

|Functional Area:
Facilities Division|Prev. Eff. Date:
11/01/03|Page 4 of
8|
|---|---|---|
|`Functional Area:`
`Facilities Division`|`Effective Date:`
`3/01/04`|`Reference Number:`
`IIB17-0001`|

      citizenship for service of the sentence or
      commitment imposed in a United States court. This
      limitation applies to an inmate serving a criminal
      sentence, either concurrent with, or suspended for
      the duration of, the civil contempt commitment. The
      inmate may be considered for transfer once the
      contempt commitment is purged, served, or otherwise
      terminated by judicial authority.

   2. The crime for which the inmate has been convicted
      must be recognized as a crime in the receiving
      country.

3. An inmate with a committed fine may not be consider
      for return to the inmate’s country of
      citizenship/nationality for service of a sentence
      imposed in a United States court without the
      permission of the court imposing the fine. When
      considered appropriate, the Warden may contact the
      sentencing court to request the court’s permission
      to process the inmate’s application for return to
      the inmate’s country of citizenship/nationality.

   4. An inmate who has been the beneficiary of a treaty
      transfer previously (International Transfer), may be
      unsuitable for transfer consideration.

   5. Inmates who are the subject of criminal
      investigations should not be approved for transfer.

   6. Verification of Foreign Born Inmates

      The prisoner cannot be a domiciliary of the sending
      country. The inmate’s counselor should review the
      pre-sentence investigation reports (contained in the
      inmate’s file) to verify the original birthplace of
      the inmate who claims to be of foreign nationality.
      Moreover, the counselor will interview the inmate
      using an interpreter if necessary, and complete the
      Certificate of Eligibility U.S. Treaty Form 1004-15P
      or for the Spanish version, Form 1004-15PS.

C. Family and other social ties to the sending and receiving
   countries should be seriously considered.

|Functional Area:
Facilities Division|Prev. Eff. Date:
11/01/03|Page 5 of
8|
|---|---|---|
|`Functional Area:`
`Facilities Division`|`Effective Date:`
`3/01/04`|`Reference Number:`
`IIB17-0001`|

   1. Determine whether inmate has family in receiving
      country.

   2. Determine whether inmate has other significant ties
      to receiving country.

D. Transfers to third countries

   Occasionally, a transfer is sought by an inmate whose
   most significant ties are neither to the receiving
   country nor the sending country, but are to a third
   country with which the United States does not have a
   transfer treaty relationship. Such cases need to be
   carefully evaluated. Transfers will usually be permitted
   if the receiving country will accept the inmate, the
   inmate is not a major violator, and incarceration in the
   receiving country seems to be in the inmate’s best
   interest.

E.  Humanitarian concerns

   Humanitarian concerns, such as the terminal illness of an
   immediate family member, may be considered as factors
   that would support a decision to transfer.

F. Public Sensibility

   If the return of an inmate to a foreign country could
   outrage the public in the sending state because of the
   heinous nature of the inmate’s crime or circumstances
   related to the crime, the potential for such outrage
   should be considered.

G. Pre-transfer process (Institution’s Responsibilities)

   Once suitability and nationality have been confirmed, the
   Chief/Senior Counselor begins the pre-transfer process by
   completing the tasks outlined below.

   1. Requesting the most recent report of medical
      examination and case summary from the institution
      Medical Unit(Infirmary).

   2. Requesting an offender printout with photographs
      (front and side view) from the Georgia Department of
      Corrections intranet/ inmate query.

|Functional Area:
Facilities Division|Prev. Eff. Date:
11/01/03|Page 6 of
8|
|---|---|---|
|`Functional Area:`
`Facilities Division`|`Effective Date:`
`3/01/04`|`Reference Number:`
`IIB17-0001`|

   3. Ensuring the inmate is fingerprinted using an
      original fingerprint card and that the card is
      included in the transfer package that will accompany
      the inmate upon transfer.

   4. Requesting the current balance of the inmate’s
      commissary account, and completing the appropriate
      paperwork to have a check issued for that amount,
      which will accompany the inmate when transferred.

   5. Requesting a copy of the most current approved
      visitation list for the inmate.

   6. Obtaining the names and addresses of family members
      in the receiving country from the inmate.

   7. Obtaining copies of the following:

      a. The Pre-Sentence Investigative Report(contained
         in the inmate’s file). If this report is not
         available, a social summary report including a
         description of the offense that led to the
         inmate’s conviction shall be prepared by the
         inmate’s counselor;

      b. Criminal History Summary;

      c. All current and consecutive commitment
         documents;

      d. All Detainers; and

      e. An Eligibility Certificate pursuant to treaty.

   8. Assembling all information into a packet and
      submitting the packet to the Warden or his/ her
      designee for review and recommendation of approval
      or denial.

H. Transfer Packet to Inmate Administration Manager

   1. Once a recommendation has been prepared by the
      Warden or his/ her designee, for approval or denial,
      the recommendation and completed packet will be
      submitted to the Inmate Administration Manager for
      review at 2 Martin Luther King Jr.,Dr.,SE/ Suite 652
      East, Atlanta, Georgia 30334-4900.

|Functional Area:
Facilities Division|Prev. Eff. Date:
11/01/03|Page 7 of
8|
|---|---|---|
|`Functional Area:`
`Facilities Division`|`Effective Date:`
`3/01/04`|`Reference Number:`
`IIB17-0001`|

   2. Upon receipt, the Inmate Administration Manager will
      review the packet to ensure compliance with this
      policy as well as other guidelines or directives
      governing the (“IPTP”). The Department’s Victims
      Services Unit will be notified of the transfer
      request by the Inmate Administration Manager to
      ensure that an impact statement is obtained for
      review, and there is compliance with victim
      notification requirements.

   3. Upon completion, the Inmate Administration Manager
      will submit the packet to the Facilities Division
      Director for approval or denial. After review, the
      Facilities Division Director will forward the
      application packet with his/ her recommendation for
      approval or denial to the Commissioner of the
      Georgia Department of Corrections. The originating
      institution’s staff will be made aware of the
      Commissioner’s approval or denial.

   4. If the state does not approve the transfer, the
      application is never submitted to the United States
      Department of Justice for review. The process will
      be terminated at this point. The state as well as
      the Federal government have the discretion to
      approve or deny any prisoner transfer request.

      c. Any IPTP applicant who is not initially
         approved for transfer by the Department may be
         allowed to re-apply after a period of 12 months
         from the date the application is submitted.

   5. In the event that the application is forwarded to
      the United States Department of Justice, the
      Department of Correction’s legislative liaison will
      be notified by the Inmate Administration Manager in
      order that any concerns may be addressed.

   6. The Department’s Public Information Section will
      also be notified by the Inmate Administration
      Manager as an additional means of addressing any
      questions that may arise concerning the application
      or transfer process.

I. Physical transfer process of approved inmates

|Functional Area:
Facilities Division|Prev. Eff. Date:
11/01/03|Page 8 of
8|
|---|---|---|
|`Functional Area:`
`Facilities Division`|`Effective Date:`
`3/01/04`|`Reference Number:`
`IIB17-0001`|

      Once the transfer of an Inmate to his/ her country of
      origin has been approved by the appropriate authorities,
      the physical transfer process can begin. The Inmate
      Administration Manager, who will also act as liaison for
      the Department of Corrections, will communicate with the
      United States Department of Justice and other appropriate
      agencies to initiate and ensure the completion of this
      process.

      1. The IAM shall furnish the name(s), date, time, and
         place of verification hearings for inmates approved
         by the United States Department of Justice and the
         government of the receiving country to the
         appropriate Warden or Deputy Warden.

      2. Upon verifying that the inmate will be transferred,
         the Inmate Administration Manager will coordinate
         the transfer between the appropriate institution and
         Federal officials.

         Note: The Inmate Administration Manager will ensure
         all information related to the transfer program is
         current, and includes any updates or changes. The
         IAM will remain abreast of any changes in the
         program at the Federal level and communicate those
         changes to state personnel involved in the program.

VII. Retention Schedule:

   A. Attachment 2 - Prisoner Transfer Application
      Questionnaire to be maintained in an inactive file by the
      Inmate Administration Manager or designee for three
      years. A copy will be placed in the Inmate Administrative
      File.

   B.  Attachment 3 - Certified Case Summary for State Inmate to
      be maintained in an inactive file by the Inmate
      Administration Manager or designee for three years. A
      copy will be placed in the Inmate Administrative File.

   C. Attachment 4- International Prisoner Transfer
      Notification and Acknowledgement Form to be maintained in
      an inactive file by the Inmate Administration Manager or
      designee for three years. A copy will be placed in the
      Inmate Administrative File.