Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Transfer From United States : Statutes

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The legislative provisions establishing the basic requirements for the transfer of offenders to the United States also apply to the transfer of offenders from the United States. Prisoner transfer treaties require the administering country to implement a United States court order overturning a conviction or modifying a sentence. They do not, however, provide a mechanism for the return to the United States of a prisoner who successfully challenges the validity or legality of his transfer. It should be noted that a transferred offender may also challenge the validity and legality of his transfer from the United States in an administering country. All United States prisoner transfer treaties either explicitly or implicitly require the appropriate state authority to approve the transfer of a state offender before he can be transferred to his country of nationality. The Bolivian, Canadian, Mexican, Panamanian and the Hong Kong Agreement contain explicit provisions to this effect.

Keywords: legislative; prisoner; state offender; transfer; United States



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    International Prisoner Transfer 2010 — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation