1. (a) Requests. As a part of the request for transfer, the prisoner must request that the receiving nation submit a letter directly to the Chairman stating an intention to accept the transferred prisoner and indicating the receiving nation's intentions regarding the incarceration of the prisoner. These indications should include such information as the intended duration of the prisoner's sentence in that country and the parole programs available for the prisoner upon his release. Once the Chairman has received the prisoner's written request and the receiving nation's letter of intent, the following factors will be considered and a decision rendered.

2. (b) Factors Considered. In making a decision on the transfer of a sentenced person, factors to be considered include, but are not limited to, the following:

   1. (1) The possibility of the transfer contributing to the prisoner's social rehabilitation;
   2. (2) The gravity of the commitment offense;
   3. (3) The prior criminal history of the prisoner;
   4. (4) The health of the prisoner;
   5. (5) The family, social, or other ties of the prisoner to the sentencing state and the receiving nation; and
   6. (6) The relevant law within the receiving nation for the criminal offense committed by the prisoner, including sentencing guidelines.

The Chairman of the Board of Prison Terms, as the Governor's designee, has been given the authority to approve or disapprove foreign prisoner transfers under the Convention on the Transfer of Sentenced Persons pursuant to Government Code section 12012.1. Any prisoner wishing to transfer to his/her country of citizenship must submit a written request to the Chairman.

Note: Authority cited: June 9, 1999 Delegation of Authority from Governor Davis to Chairman James Nielsen and the Board of Prison Terms. Section 12012.1, Government Code. Reference: Section 12012.1, Government Code. The Convention on the Transfer of Sentenced Persons, 22 I.L.M. 530 (1983).

History

1. New chapter 10 (section 2870) and section filed 6-18-99 as an emergency; operative 6-18-99 (Register 99, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-99 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 6-18-99 order transmitted to OAL 8-24-99 and filed 10-5-99 (Register 99, No. 41).