There are five areas in which the USAOs could have a role in the transfer process.

First, to ensure a thorough, fair, and principled review of each application, the IPTU collects and evaluates information pertinent from various sources, including input from the prosecutor and law enforcement agencies. One of the initial steps that the IPTU analyst takes when a federal prisoner applies for transfer is to contact the USAO and the investigative agencies responsible for the prosecution of the case. The IPTU sends a form to the USAO and the investigative agencies seeking its views on the transfer. These offices are responsible for furnishing pertinent information and recommendations to the IPTU no later than 14 calendar days from the date of the initial faxed or emailed request. Unless the USAO or law enforcement agency requests additional time to respond to the request, the IPTU will interpret a failure to respond to its information requests as indicating that the USAO or the law enforcement agency is either taking no position on the transfer or has no objection to the transfer request. This policy is intended to assist in avoiding unnecessary delays in processing transfer applications caused by waiting long periods of time for responses.

The IPTU recognizes that the USAOs have a strong interest in the cases they have prosecuted and, as a result, gives considerable weight to the views and recommendations of the USAOs. The IPTU typically asks prosecutors to provide case-specific information, including whether the prisoner is the subject of another criminal investigation, whether the prisoner is expected to be needed to testify in another matter, and whether the prisoner has threatened the safety of a witness. The views of the investigative agency also provide important information in considering whether transfer should be approved. Indeed, sometimes a law enforcement agency may provide information unknown to the USAO, including the involvement of the prisoner in other crimes under investigation. It should be noted, however, that generic and unsubstantiated complaints about the transfer program will not have an impact on the transfer decision.

Second, where a prisoner seeks a guarantee of transfer during plea negotiations, prosecutors should consult JM § 9-35.018 for guidance regarding permissible promises and appropriate language for plea agreements.

Third, transfer issues may arise infrequently in the context of an extradition. Prosecutors should consult JM § 9-35.019 for applicable procedures in those circumstances.

Fourth, the IPTU may seek the assistance of the A fourth area of USAO involvement is assisting the IPTU in obtaining a writ of habeas corpus to move a state or federal prisoner to the courthouse for a consent verification hearing. See JM § 9-35.016 supra. The USAO located in the district of the court holding the hearing is responsible for filing the motions necessary to secure this writ. For federal prisoners, the USAO will be asked to assist in obtaining writs of habeas corpus or orders to produce pursuant to 18 U.S.C. §3621(d) in order to move the prisoner from prison to the consent hearing.

Fifth, prisoners may raise issues implicating the transfer program in litigation. When transfer issues are raised, the USAO should contact the IPTU for assistance.

[updated January 2020]