§ 77-28b-3. Eligibility criteria for international transfer.

     An offender must meet the following criteria before he may be considered for an international 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 of the receiving state;

(4) the offender does not have fewer than 12 months remaining on his 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 his country.

Enacted by Chapter 324, 1990 General Session