NCJ Number
101253
Date Published
1985
Length
36 pages
Annotation
This booklet -- intended for Americans imprisoned in Europe, their families, and interested parties -- explains the prisoner transfer treaty with the Council of Europe between the United States, Sweden, Spain, and France as well as with the United Kingdom in August 1985.
Abstract
The treaty provides for the transfer of American prisoners in the signatory countries to U.S. prisons to fulfill the sentences of the foreign courts. To be eligible for transfer, the prisoner must be a U.S. national, have had a final judgment imposed, have at least 6 months of the sentence remaining, be convicted of an offense generally punishable as a crime under U.S. law, and have received transfer consent from the government of the imprisoning country and the U.S. Government. Following approval for transfer by both governments, U.S. law requires a hearing to determine that the prisoner voluntarily consents to the transfer. A prerequisite for being transferred is the waiver of the right to challenge the conviction in U.S. courts. The foreign sentence does not determine the prospective release date in the United States, except to set the maximum amount of time that may be served. The prisoner is immediately eligible for parole upon return to the United States. The booklet explains U.S. Federal parole procedures and 'good time' policy. Appended are the Council of Europe's Convention on the Transfer of Sentenced Persons and U.S. Parole Commission guidelines.