New Jersey State Contact For International Prisoner Transfer

SUBTITLE 5B INTERNATIONAL TRANSFERS

CHAPTER 7D PRISONER TRANSFER TREATIES

Section 30: 7D-1.

Treaties providing for exchange or transfer of juvenile delinquents or criminals; authorization for commissioner to take actions necessary for participation.

If a treaty in effect between the United States and a foreign country provides for the exchange or transfer of the citizens of that foreign country who are juveniles adjudicated delinquent or persons convicted of criminal offenses pursuant to the laws of this State, the Governor may authorize the Commissioner of the Department of Corrections to approve an exchange or transfer pursuant to the terms of a treaty. The Governor may also authorize the commissioner to take any other action which is necessary for the participation of these State in such exchanges or transfers.

Senate Institutions, Health and Welfare Committee Statement
Senate No. 2,229-L.1986, c. 141

The Senate Institutions, Health and Welfare Committee favorably reports Senate Bill No. 2229.

This bill permits the Governor to authorize the Commissioner of Corrections to approve an exchange or transfer of a prisoner in the State who is a citizen of a foreign country with which the United States has a prisoner transfer or exchange treaty, to that prisoner's country of residence. The exchange or transfer could apply to a juvenile adjudicated delinquent or a person convicted of a criminal offense in the State.

Currently in New Jersey, if a juvenile adjudicated delinquent or an adult convicted of a criminal offense in this State is a citizen of a foreign country, that juvenile or adult is required to serve his sentence in this State. In contrast, 24 other states have enacted statutes which permit the state to participate in prisoner transfer programs pursuant to existing prisoner transfer treaties.

These international treaties permit the exchange or transfer of a foreign national to the country of his citizenship to serve the sentence imposed by a state court. The United States currently has prisoner transfer treaties with seven foreign countries: Canada, Mexico, Bolivia, Panama, Peru, Turkey, and France. In addition, the United States is party to the Council of Europe Convention on the Transfer of Sentenced Persons, which includes Spain, Sweden, the United Kingdom, and France. It is expected that other member nations of the Council of Europe will ratify the convention in the near future.

It should be noted that all United states citizens returning under prisoner transfer treaties from foreign countries return as federal prisoners and not as state prisoners. Thus, while a state relinquishes authority over the prisoners transferred, the state will not have to accept new prisoners in return.

The practice of prisoner transfers should contribute to the easing of overcrowded conditions in the State prisons and will allow the transferred prisoners to be under the control of the country of their citizenship. The transfer may also increase rehabilitation of the person and reduce custody problems in the State related to cultural and language differences.

PRISONER TRANSFER TREATIES 30:7D-1

Historical and Statutory Notes

Title of Act:

An Act to authorize the Commissioner of the Department of Corrections to approve the exchange or transfer under certain circumstances of juveniles adjudicated delinquent or persons convicted of criminal offenses and supplementing P.L.. 1976, c. 98 (C. 30:1B-1 et seq.). L.1986

SUBCHAPTER 6. INTERNATIONAL TRANSFER

10A.10-6.1 Definitions

The following words and terms, when used in this

subchapter, shall have the following meanings unless the context clearly indicates otherwise:

"Assurance" means a special condition concerning the confinement and/or release of an offender which must be met prior to the release of the offender.

"Offender" means a person convicted of a criminal offense pursuant to the laws of New Jersey.

"Receiving state" means the jurisdiction to which the offender is to be transferred.

"Sending state" means the jurisdiction from which the offender is to be transferred.

10A.-10-6.2 Commissioner's authority

10A.10-6.3 Eligibility criteria for international transfer

1. Offenders must meet all of the following criteria before they may be considered for an international transfer.
    
   1. The offender must be a citizen of the receiving state;
       
   2. The offender must consent to transfer to the receiving state;
       
   3. The offense of the offender must constitute a criminal offense under the laws of the receiving state;
       
   4. The offender shall not have, at the time of the application, less than 12 months remaining on the sentence;
       
   5. The offender shall not be under a sentence of death;
       
   6. The offender shall not have collateral attacks or appeals an the sentence and/or conviction pending;
       
   7. All other provisions of the imposed sentence such as fines, restitution and penalties shall be paid in fun;
       
   8. The offender shall not have detainees, wanted notices based on criminal convictions, indictments, informations, complaints and/or parole or probation violation allegations pending; and
       
   9. The offender must meet all of the eligibility requirements of the treaty with the receiving state.
       
2. One offender may be excluded from international transfer should the Immigration and Naturalization Service (INS) have an interest regarding the deportation proceedings.
    
   • Amended by P-1988 d.29, effective January 19,1988.
     See: 19 NJ.R- 1620(a), 20 NJ.P- 194(c).
     Amended by R.1992 d'410, effective August 3,1992.
     See: 24 NJ.R- 1939(a), 24 NJ.P- 2731(b).

1. The classification officer of each correctional facility "be provided with the eligibility requirements of each Prisoner Transfer Treaty.
    
2. The classification officer shall forward Form I -
   Transfer Inquiry, to all offenders identified as having national or citizenship status in a party nation.
    
3. When the offender receives Form I - Transfer Inquiry, the offender shall:
    
   1. Indicate that the offender is interested in pursuing a transfer by signing Form I and returning it to the classification officer along with proof of citizenship; at
       
   2. Indicate that the offender is not interested in pursuing a transfer by returning Form I to the classification officer without proof of citizenship.
4. If the offender indicates on Form I-Transfer Inquiry, that he or she is interested in pursuing a transfer, the correctional facility classification officer shall complete Form I-Inmate Information Provided to Treaty Nation and Form II-Notice Regarding International Prisoner Transfer.
    
5. The following material shall be forwarded, in triplicate, by the classification officer to the Superintendent of the correctional facility:
    
   1. Form I - Transfer Inquiry;
       
   2. Form II - Inmate Information Provided to Treaty Nation;
       
   3. Form III - Notice Regarding International Prisoner Transfer;
       
   4. Proof of citizenship;
       
   5. A statement of offender's eligibility;
       
   6. The presentence investigation report;
       
   7. Classification materials;
       
   8. Current psychological and medical reports;
       
   9. A signed release of confidential information forms;
       
   10. The criminal history sheet(s);
        
   11. Judgments of conviction or adjudication of delinquency; and
        
   12. Any statement of interest regarding deportation proceedings from the Immigration and Naturalization Service (INS).

1. The Office of Interstate Services shall:
    
   1. Investigate the request to ensure that all eligibility requirements are met;
       
   2. Request a records check to verify records listed in N.J.A.C 10A.10-63(a)8;
       
   3. Review application and materials for completeness and compliance with treaty terms;
       
   4. Develop and recommend assurances, where indicated, and
       
   5. Provide written notification of the transfer request to the:
       
      1. Attorney General's Office;
          
      2. State Police;
          
      3. Prosecutor; and
          
      4. Sentencing court.
   6. Receive objections or other comments on the transfer request from persons and agencies listed in (a)5 above for 30 days following notification.
       
2. If the Office of Interstate Services' investigation determines that the application and materials are incomplete, or do not comply with the terms of the treaty, the application shall be rejected and returned to the correctional facility in which the inmate is housed and the inmate shall be notified by the Superintendent or designee.
    
3. If the investigation of the Office of Interstate Services determines that the application and materials are complete and are in compliance with the terms of the treaty, the application and materials shall be forwarded to the Commissioner, New Jersey Department of Corrections, through the appropriate Assistant Commissioner.
   
   Amended by R.1988 d.29, effective January 19, 1988.
   See: 19 N.J.R 1620(a), 20 N.J.R. 194(c).

1. The Commissioner, Department of Corrections, shall review the application and materials and if approved, the application and materials shall be forwarded to the Office of the Governor for authorization to transfer.
    
2. Applications which are not approved by the Commissioner and the inmate shall be notified by the Superintendent or designee.

1. Upon receipt of the Governor's authorization for international transfer, the application and materials shall be forwarded to the United States Department of Justice, Office of International Affairs, by the New Jersey Department of Corrections, Office of Interstate Services.
    
2. The Office of Interstate Services shall notify the inmate, the sending Superintendent and the Office of the Governor of the decision on the application for international transfer.
    
3. All arrangements relative to the treaty process and proposed assurances shall be negotiated between the Office of Interstate Services and the United States Department of Justice, Office of International Affairs. The Office of Interstate Services shall notify the Office of the Governor of the results of the negotiated arrangement.

10A.-10-6.9 Transfer of offender

1. If the inmate is accepted for international transfer by the United States Department of Justice, Office of International Affairs, the offender shall be transported by the Department of Corrections to the Federal District Court for purposes of a verification hearing to ensure that the offender consents to the international transfer.
    
2. Jurisdiction over the offender shall thereafter be relinquished to the United States Department of Justice.