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