77-28b-3 - Eligibility criteria for international transfer.
77-28b-3. Eligibility criteria for international transfer.
An offender must meet the following criteria before he may be considered for aninternational transfer:
(1) the offender is a citizen of the receiving country;
(2) the offender consents to transfer to his country of citizenship;
(3) the offense committed by the offender constitutes a criminal offense under the laws ofthe receiving state;
(4) the offender does not have fewer than 12 months remaining on his sentence at the timeof the application for transfer;
(5) the offender is not under a sentence of death;
(6) the offender does not have collateral attacks or appeals on either the sentence orconviction pending;
(7) all other provisions of the imposed sentence such as fines, restitution, and penaltiesare paid in full;
(8) there are no detainers, wanted notices based on criminal convictions, indictments,informations, complaints, or parole or probation violation allegations pending against theoffender; and
(9) the offender meets all of the eligibility requirements of the treaty with his country.
Enacted by Chapter 324, 1990 General Session