SOP_NUMBER: 222.03
TITLE: International Transfers
REFERENCE_CODE: IIB17-0001
DIVISION: Facilities Division
TOPIC_AREA: 222 Policy-Court/Release/Transport/Transfer
EFFECTIVE_DATE: 2004-03-01
WORD_COUNT: 2175
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105763
URL: https://gps.press/sop-data/222.03/
SUMMARY:
This policy establishes the Georgia Department of Corrections' procedures for notifying inmates about and processing applications for the International Prisoner Transfer Program (IPTP). The policy applies to all state facilities housing GDC inmates and outlines eligibility criteria, application requirements, and limitations for transferring inmates to their country of citizenship or nationality under treaty agreements with the United States. Inmates must be informed of the program and given an opportunity to apply if their country participates in the IPTP.
KEY_TOPICS: international prisoner transfer, IPTP, inmate transfer application, country of citizenship, transfer eligibility criteria, prisoner notification, participating countries, capital crimes, major violators, determinate sentence, civil contempt, foreign-born inmates, treaty transfer, inmate counselor, transfer suitability
ATTACHMENTS:
1. International Transfer Participating Countries Notice
URL: https://gps.press/sop-data/222.03-att-1/
3. International Transfer Certified Case Summary for State Inmate
URL: https://gps.press/sop-data/222.03-att-3/
4. International Transfer Prisoner Transfer Notification and Acknowledgment Form
URL: https://gps.press/sop-data/222.03-att-4/
5. International Transfer Prisoner Notification
URL: https://gps.press/sop-data/222.03-att-5/
6. International Transfer Program Denial Form
URL: https://gps.press/sop-data/222.03-att-6/
7. International Transfer Notification Form (Attachment 7)
URL: https://gps.press/sop-data/222.03-att-7/
========================================================================
FULL TEXT:
========================================================================
|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.
```