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Prisoner Transfer
NLPA’s experience in transfers of prisoners, both internationally and domestically, is without equal. As explained below, this experience is demonstrable with actual case histories. Unlike our competitors, who can only talk about making prison transfers, NLPA’s highly experienced and trained staff have actually accomplished prisoner transfers- dozens of them.
NLPA works with inmates on a direct basis in areas that do not involve the practice of law, such as transfers. There are, generally speaking, four kinds of prisoner transfers:
Institutional (Within the Federal BOP, or equivalent state corrections department)
Inter-Institutional (Between different states)
International Statutory Transfers
International Treaty Transfers (Predominantly to Mexico)
NLPA will work directly with you in your efforts to have yourself, or your loved one transferred. Through diligence, knowledge, and hard work, NLPA may prevail where all prior efforts have not. To see a history of NLPA’s Transfer Cases, please see Successful Cases. If you are interested in NLPA’s Prisoner Transfer service, please contact us.
INSTITUTIONAL (BOP)
Many times the federal Bureau of Prisons (BOP) will place a prisoner where it is convenient for the BOP, without regard to the needs of the prisoner.
NLPA has been successful in the past persuading the BOP to transfer a prisoner from one institution to another, based upon the prisoner’s needs such as being close to family, training or BOP program availability, educational opportunities, religion requirements, etc.
The process of the convincing the BOP to make an institutional transfer may be lengthy, document intensive, and problematical.
On NLPA’s staff are several former BOP and other institutional employees necessary to follow in order to achieve success. Although certainly not guaranteed, because the BOP has full discretion of where a particular prisoner is housed, through diligent and thoughtful dialogue with the BOP, transfers do occur where appropriate.
Should you desire to have NLPA assist you in this regard, our fees are set forth on our Fee Schedule, which you can reach by clicking HERE.
INTER-INSTITUTIONAL (BETWEEN DIFFERENT STATES)
The procedures to achieve a transfer between state institutions can be very complex and time consuming. The procedure is dependent upon complying with all of the paperwork requirements of both the transmitting state and the receiving state. All such transfers are completely discretionary with the authorities of the respective state; in other words, if one state has approved this decision is not binding upon the competent authority of the other state. Many times significant political questions are involved above and beyond the actual purposes of the transfer itself.
Generally speaking, there are two types of inter-institutional transfers: compact transfers & permissive transfers.
Compact Transfers arise out of a written agreement entered into between two states. Many times these agreements (referred to as “compacts”) follow a model agreement; however, there are many differences and, in practice, one state may interpret the provisions of a model compact differently from time-to-time.
Permissive Transfers are rare, and difficult to achieve. This type of transfer depends upon many possible issues such as, but not limited to, hardship, political issues, stipulations between the states and the defendant involved, etc.
As in most bureaucratic issues, proper documentation and follow-through are absolutely required to achieve success. NLPA has had years of experience working directly with prisoners in this area, and if you wish to know our fees for these services, click HERE.
INTERNATIONAL STATUTORY TRANSFERS
NLPA can assist a prisoner in seeking to fulfill a desire to be deported to the prisoner’s home country. One section of the 1996 “Anti-Terrorism Bill” provides a positive provision that, for the first time, establishes a procedure under which a foreign national who is serving a term of confinement may be able to be deported to his home country prior to the completion of his sentence of imprisonment. Generally speaking, this provision requires that the prisoner not be confined for a crime of violence, smuggling, or harboring aliens in order to be eligible for deportation to one’s home country.
There are specific procedures involved with applying to the Justice Department as well as a prisoner’s home country for the processing of the application for deportation. NLPA has great expertise in this area and would be very happy to assist in the preparation of the documentation that needs to be submitted to the Justice Department as well as the respective home country.
If you are interested in having NLPA assist you with this type of transfer, please see our Fee Schedule by clicking HERE.
INTERNATIONAL TREATY TRANSFERS
The International Prisoner Transfer Program began in 1977 when our government negotiated the first in a series of treaties to permit the transfer of prisoners form countries in which they had been convicted of crimes to their home countries. The program is designed to relieve some of the special hardships that fall upon offenders incarcerated far from home, and to facilitate the rehabilitation of these offenders. Prisoners may be transferred to and from those countries with which the United States has a treaty.
While all prisoner transfer treaties are negotiated principally by the United States Department of State, the program itself is administered by the United States Department of Justice. If a prisoner is subject to the jurisdiction of a state, then the state must give approval for the transfer in addition to the Department of Justice. Most states agree to have prisoners transferred internationally, but the particular aspects applicable vary greatly. Also, the receiving foreign country must provide permission.
The following countries have treaties with the United States to provide for transfers of prisoner:
Andorra
Azerbaijan
Albania
Armenia
Austria
Bahamas
Belgium
Bolivia
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
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Georgia
Germany
Greece
Hong Kong
Hungary
Iceland
Ireland
Israel
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
The former Yugoslav
Republic of Macedonia
Malta
Marshall Islands
Mexico
Micronesia
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Netherlands (incl. Netherlands Antilles and Aruba)
Nicaragua
Norway
Palau
Panama
Peru
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
Switzerland
Thailand
Trinidad/Tobago
Tonga
Turkey
Ukraine
United Kingdom*
Venezuela
Yugoslavia
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* United Kingdom Territories: Anguilla, Cayman Islands, Gibraltar, Montserrat, Sovereign Base areas of Akrotiri and Dhekelia in the Island of Cyprus, St. Helena and St. Helena Dependencies, British Indian Ocean Territory, Ducie and Oeno Islands, Henderson Island, Pitcairn, British Virgin Islands, Falkland Islands, Isle of Man
The decision to approve or deny a proposed transfer is committed to the discretion of the governments involved and is based upon the entire record of the offender. The factors considered in determining the appropriateness of transfer include the seriousness of the offense and the prisoner’s role in it, the existence of outstanding fines or restitution orders, the offender’s prior criminal record (if any), the strength of the offender’s ties to each country, and the likelihood that transfer of the prisoner will, in fact, promote his or her rehabilitation. Occasionally, special humanitarian concerns– such as the terminal illness of a prisoner or a close family member– are considered. The applicable government agencies collect information about each proposed transferee from a variety of sources and deliberates carefully before deciding. The process usually take sat least three months; however, in certain cases a transfer may take substantially longer depending upon the facts involved.
SUCCESSFUL TRANSFER CASES
By virtue of its relationship with INS attorneys throughout the United States, NLPA can provide the services of a highly trained and experienced staff who have many years, and many successes, in transfers of international prisoners, especially Mexican prisoners
The benefits of receiving a transfer are many and depend on the applicable treaty laws and the requirements of the receiving country. For Mexico, a prisoner transferred there may be eligible to receive a partial reduction of a sentence and early liberty, if qualified. Also, release under bail may be obtained in some cases. Substantial reduction of sentence may be given for good behavior in some circumstances, sometimes including first-time offenders. These rights do not usually exist under the federal laws of the United States, or under the laws of many states.
Using the services that NLPA can provide to counsel, a prisoner may be able to obtain these, or other substantial rights possible and put themselves close to their family, friends, and contacts. For example, under the Mexican system you can be assigned as close as possible to your home. For a list of NLPA victories dealing with transfers, see NLPA’s Successful Cases by clicking HERE.
NLPA will work directly with you in your efforts to have yourself, or your loved one transferred. Through diligence, knowledge, and hard work, NLPA may prevail where all prior efforts have not. Please contact us by clicking HERE.
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