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Transfer To United States: Treaties

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Chapter Summary

All prisoner transfer treaties to which the United States is a party contain the same basic elements: requirements of eligibility for transfer; methods of initiating a request for transfer; requirement of consent by the sentencing country, administering country, and transferee; designation of jurisdiction over attacks on the transferred sentence and conviction; assignment of responsibility for the determination of the length of incarceration and supervised release and the determination of conditions of service of the transferred sentence; and assignment of responsibility for administrative matters such as reports and costs. This chapter discusses the basic elements of the eight bilateral treaties to which the United States is a party, the Council of Europe's Convention on the Transfer of Sentenced Persons, and the Inter-American Convention on Serving Criminal Sentences Abroad from the standpoint of transfer to the United States. These include the Bolivian, Canadian, Mexican, Panamanian, Peruvian, and Turkish treaties.

Keywords: sentenced persons; United States bilateral prisoner transfer treaties

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