77-28b-3. Eligibility criteria for international transfer.
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Effective 5/7/2025
77-28b-3. Eligibility criteria for international transfer.
An offender must meet the following criteria before being considered for an international transfer:
(1)the offender is a citizen of the receiving country;
(2)the offender consents to transfer to the offender's country of citizenship;
(3)the offense committed by the offender constitutes a criminal offense under the laws of the receiving state;
(4)the offender does not have fewer than 12 months remaining on the offender's sentence at the time of 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 or conviction pending;
(7)all other provisions of the imposed sentence such as fines, restitution, and penalties are 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 the offender; and
(9)the offender meets all of the eligibility requirements of the treaty with the offender's country.
Amended by Chapter 302 , 2025 General Session