Washington State Contact For International Prisoner Transfer

1. "Department" is the department of corrections.
    
2. "Adult correctional institution" and "institution" is a facility identified in RCW 72.01.050(2) and any similar facility hereafter established.
    
3. "Secretary" is the secretary of the department of corrections or the secretary's designee.
    
4. "Director" is the director of the division of prisons of the Washington state department of corrections or the director's designee.
    
5. "Superintendent" is a superintendent of an adult correctional institution or the superintendent's designee.
    
6. "Treaty nation" is a country which has entered into a treaty with the United States on the execution of penal sentences.
    
7. "Treaty" is a treaty under which an offender, sentenced in the courts of one country, may be transferred to the country of which the offender is a citizen or national, for the purpose of serving the sentence.
    
8. "Country of origin or citizenship" is the country in which the inmate was born or in which the inmate has duly recognized citizenship.
    
9. "OIA" is the Office of International Affairs, Criminal Division, United States Department of Justice.
    
10. "United States" is the United States of America.
     
11. "Detainer" is a hold or request for notification placed by any local, state, or federal law enforcement, penal, or prosecutional agency based on untried charges, parole or probation violation, escape, unexpired sentence, bond jumping, or any other fugitive matter.
    [Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07), § 137-67- 015, filed 9/3/85.]

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1. The inmate is able to establish citizenship in a treaty nation;
    
2. The inmate voluntarily requests the transfer;
    
3. There is no unresolved detainer lodged against the inmate,
    
4. There is no pending fine or restitution obligation imposed on the inmate by a court of competent jurisdiction in the United States;
    
5. There is no pending or actual sentence for civil contempt against the inmate; and
    
6. There is no pending appeal or collateral attack on the underlying sentence or sentences which form the basis of the inmate's custody.
   
   [Statutory Authority: RCW 72.68.010. 85-18-061 (Order 85-07), § 137-67-020, filed 9/3/85.]

1. May grant the approval of the state to such transfer as provided in the treaty; and
   
    
2. Shall have, notwithstanding any provision of chapter 9.95 or 72.68 RCW, the plenary authority to fix the duration of the offender's sentence, if not otherwise fixed, whenever a fixed sentence is a condition precedent to transfer. [1983 c 255 § 9.] Severability-1983 c 255. See RCW 72.74.900.

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1. Whenever in its interests of the state or the welfare of any prisoner confined in any penal institution will be better served by his or her transfer to another institution or to a foreign country of which the prisoner is a citizen or national, the secretary may effect such transfer consistent with applicable federal laws and treaties.
    
2. If directed by the governor, the secretary shall, in carrying out this section and RCW 43.06.350. adopt rules under chapter 34.05 RCW to effect the transfer of prisoners requesting transfer to foreign countries. [1983 c 255 § 10; 1979 c 141 § 282; 1959 c 28 § 72.68.010. Prior: 1955 c 245 § 2. 1935 c 114 § 5; IRS § 10249-5. Formerly RCW 9.95.180.)

   Severability---1983 c 255: See RCW 72.74.900.

INTERNATIONAL TRANSFER OF OFFENDERS

1. To establish a system for identifying offenders who are citizens of other nations;
    
2. To establish a process for application for transfer under the International Treaty Agreement to the respective country of citizenship; and
    
3. To comply with legal mandates and expectations of the United States Department of Justice regarding advising foreign nations of their rights under international law and treaty agreements.

APPLICABILITY:

Office of Correctional Operations.

DEFINITIONS:

FOREIGN NATIONAL - An individual who is a citizen of another nation or who has established dual citizenship.

TREATY NATIONS - Nations which have entered into a formal agreement with the United States regarding the transfer of sentenced persons (see International Treaty Transfers (DOC Form 05-706)) for participating countries.


POLICY:

1. Identifying Offenders
   
   All offenders committed to a reception center will be asked to identify their citizenship. Offenders indicating citizenship other than the United States will be informed of the possibility of transfer under the International Treaty Agreement and informed that such transfers are a privilege rather than a right as outlined in the agreement. A Transfer Inquiry (DOC Form 05-144) will be completed on every foreign national and placed in the central file. The offender will indicate interest or lack of interest in being transferred to the country of citizenship. Offenders who are foreign nationals may request transfer under the International Treaty Agreement at any time during their incarcertation, following their transfer from a reception center. Consistent with WAC 137-67-020, transfer requests are voluntary.
    
2. Processing Requests for Transfer
    
   1. When the offender requests a transfer while in a reception center, the request will be reviewed at the next schedule review. The assigned counselor will utilize the Checklist for Transfer Packet to Treaty Nation (DOC Form 05-689) in preparing the classification referral. The review must address the offender's community support in the treaty nation, including names and addresses when available. The offender's birthplace or right to citizenship will be documented by a birth certificate or other legal means. Outstanding legal financial obligation must be sattisfied (paid) prior to transfer to a treaty nation. Offender with detainer (apart from Immigration and Naturalization Service detainers) and those pending appeal or collateral attack on the underlying sentence(s) which form the basis of the offender's incarceration are not eligible for transfer consideration.
       
   2. A request to transfer under the International Treaty Agreement will be processed irrespective of conduct or programming as long as the offender meets the legal requirements for application. The International Transfer Process will be tracked via event tracking or Offender Based Tracking System checkdates.
       
   3. Upon conclusion of the classification review, the application forms Transfer Inquiry (DOC Form 05-144), Inmate Information Provided to Treaty Nation (DOC Form 05-145), and Notice Regarding Irdernational Prisoner Transfer (DOC Form 05-146) are sent with complete packet materials to the Chief of Classification and Treatment, Offender Programs, Office of Correctional Operations. Review by the Headquarters Community Screening Committee (HCSC) will be conducted once the completed application and packet matarials are received. Provided HCSC supports the transfer request, notification will he made by Offender Programs to the prosecuting attorney, sentencing judge, and/or Indeterminate Sentence Review Board when applicable.
       
   4. When objections to the transfer are received from other criminal justice agencies, a secondary review by HCSC will be conducted.
       
   5. When no objections to the transfer are received, or following a sufficient period to allow for response, the application packet (copy) will be submitted to the Secretary of the Department who will make a recommendation to the Governor.
       
   6. If approved by the Governor, the application will be forwarded to the United States Department of Justice for corisideration.