International Prisoner Transfer 2010

Series:

In 1825, the U.S. Supreme Court stated: “The Courts of no country execute the penal laws of another.” One hundred and fifty one years later, in a very different world, the United States signed prisoner transfer treaties with its neighbours, Canada and Mexico. Today, through additional bilateral treaties and multilateral treaties negotiated under the auspices of the Council of Europe and the Organization of American States, the United States has prisoner transfer treaty relations with 77 countries. This treatise, designed for prosecutors, defense attorneys and academics, describes in detail the legal basis and operation under these treaties from the perspective of the United States by the former Department of Justice official responsible for their initial implementation.

Additional titles by Michael Abbell include:
Extradition to and from the United States 2010
Obtaining Evidence Abroad in Criminal Cases 2010

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Biographical Note

Michael Abbell, A.B. (1961) Harvard University, LL.B (1964) Harvard Law School. He is a consultant on transnational criminal legal matters and the author of treatises on Extradition to and from the United States (Martinus Nijhoff) and Obtaining Evidence from Abroad in Criminal Cases (Martinus Nijhoff) as well as articles on related subjects.

Table of contents

1.Historical Background
§1-1 Introduction
§1-2 Rationale for International Transfer of Prisoners
§1-3 International Precedents
§1-4 Prospective Prisoner Transfer Treaties

2. Transfer to United States: Statutes
§2-1 Legislative History
§2-2 Requirements for Transfer to Take Place
§2-3 Responsibility of Attorney General for Implementation
§2-4 Transfer Procedures
§2-5 Execution of Transferred Sentence in United States
§2-6 Legal Actions by Transferred Offender
§2-7 Other Rights of Transferred Offender

3. Transfer to United States: Treaties
§3-1 Eligibility of Prisoner for Transfer
§3-2 Method of Initiation of Request to Transfer
§3-3 Consent of Parties
§3-4 Jurisdiction Over Proceedings Challenging Judgment
§3-5 Determination of Conditions of Service of Transferred Sentence
§3-6 Effect of Return to Sentencing Country Before Completion of Service of Sentence
§3-7 Transit
§3-8 Protection of Rights of Transferring Offenders
§3-9 Administrative Measures

4. Transfer to United States: Operation in Practice
§4-1 Initiation of Request to Transfer
§4-2 Processing of Request and Approval by Sentencing Country
§4-3 Processing of Request and Approval by United States
§4-4 Review of United States Disapproval of Request to Transfer
§4-5 Verification of Consent
§4-6 Physical Transfer to United States Prison
§4-7 Processing After Transfer to United States
§4-8 Department of Justice Information Booklets

5. Transfer From United States: Statutes
§5-1 Legislative History
§5-2 Requirements for Transfer to Take Place
§5-3 Responsibility for Implementation
§5-4 Transfer Procedures
§5-5 Legal Actions by Transferred Prisoner
§5-6 Immigration Status of Offender Transferred From United States
§5-7 Applicable State Legislation

6. Transfer From United States: Treaties
§6-1 Eligibility of Prisoner for Transfer
§6-2 Method of Initiation of Request to Transfer
§6-3 Consent of Parties
§6-4 Jurisdiction Over Challenges to Judgment or Sentence
§6-5 Determination of Conditions of Service of Transferred Sentence
§6-6 Effect of Return to United States Before Completion of Service of Sentence
§6-7 Transit Through Third Country of Prisoner Transferring From United States
§6-8 Protection of Rights of Transferring Offenders
§6-9 Administrative Measures

7. Transfer From United States: Operation in Practice
§7-1 Initiation of Request to Transfer by Federal Offender
§7-2 Processing by United States of Transfer Request of Federal Offender
§7-3 Factors Governing Consent by United States to Transfer of Federal Offender
§7-4 Effect of Plea Agreements on Government’s Consent to Transfer
§7-5 Initiation, Processing, and Approval of Transfer Request of State Offender
§7-6 Review of Disapproval by United States of Request to Transfer
§7-7 Approval of Transfer by Administering Country
§7-8 Verification of Consent
§7-9 Physical Transfer From United States
§7-10 Foreign Prisoner Transfer Information Booklets

8. International Transfer of Supervision of Offenders Sentenced to Probation or Released Under Supervision
§8-1 Description of Problem and Benefits of International Cooperation
§8-2 Precedents
§8-3 Prospects for United States Treaties

Appendices
Appendix A United States Code: Statutes Regulating International Prisoner Transfer
Appendix B State Statutes Regulating International Prisoner Transfer
Appendix C United States Code of Federal Regulations: Department of Justice and Federal Bureau of Prisons Regulations Relating to Implementation of International Prisoner Transfers
Appendix D Texts of United States Bilateral Prisoner Transfer
Appendix E Council of Europe Convention on the Transfer of Sentenced Persons and Additional Protocol to the Convention
Appendix F Inter-American Convention on Serving Criminal Sentences Abroad
Appendix G Council of Europe Standard Information Text for Foreign Prisoners
Appendix H Information Booklet for Canadians Imprisoned Abroad
Appendix I U.S. Parole Commission Regulations, Procedures and Forms Relating to Determination of Release Dates and Periods and Conditions of Supervised Release for Offenders Transferred to United States for Offenses Committed After October 31,1987
Appendix J Transfer Consent Verification Forms
Appendix K Administrative Office of U.S. Courts: Regulations for Appointment of Counsel and Guardians ad litem for Transferring Offenders
Appendix L Federal Bureau of Prisons Program Statement Regarding Transfer of Offenders to and from Foreign Countries
Appendix M Department of Justice Guidelines for Evaluating Prisoner Transfer Applications and United States Attorneys and Criminal Resource Manual Materials Relating to Prisoner Transfer Program
Appendix N Agreements on Transfer of Prisoners Pursuant to Compacts of Free Association
Appendix O Department of State Foreign Affairs Manual: International Prisoner Transfer Program

Table of Cases
Index

Readership

Prosecutors, defense attorneys (including federal public defenders), judges and academics interested the legal basis for, and operation of, international prisoner transfer in the world of rapidly increasing transnational crime.

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