Idaho Administrative Code
Title IDAPA 50 - Pardons and Parole, Commission of
Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE
Section 50.01.01.800 - FOREIGN NATIONAL TREATY TRANSFER PURSUANT TO SECTION 20-1014, IDAHO CODE

Universal Citation: ID Admin Code 50.01.01.800

Current through August 31, 2023

An offender may be transferred upon request to a country of which the offender is a citizen or national if a treaty is in effect between that country and the United States. (3-23-22)

01. Governors Authorization. Subject to the terms of a treaty and on behalf of the state of Idaho, the Governor has authorized the Commission to consent to transfers or exchanges of offenders and take any other action necessary to initiate the participation of the state in such treaty. (3-23-22)

02. Request for Transfer. An offender may request a transfer to a foreign county when the offender meets the requirements enumerated below. The Commission will receive the request and relevant documents from the Department of Correction. The Commission may request additional information from the offender, any victims, the Department, or any other source the Commission deems appropriate. (3-23-22)

a. The offender must be a citizen or national of the foreign country. (3-23-22)

b. The United States and the foreign country must be parties to a treaty that provides for the transfer or exchange of convicted offenders. (3-23-22)

c. The offender must not be serving a life sentence. (3-23-22)

d. The offender cannot be less than two (2) years from his parole eligibility date. (3-23-22)

e. The offender must meet the Department of Justice's guidelines for international transfer applications. (3-23-22)

03. Hearing. The full Commission may review a transfer request that meets all the requirements under the law in a hearing. (3-23-22)

a. The Commission may require the offender's appearance or may make a final decision based upon the materials with the request and other information which is available. The offender is not entitled to be personally present, to have counsel, to present witnesses or evidence, or to have any particular evidence considered. (3-23-22)

b. The Commission may continue the hearing to a later date for any reason. The Commission will schedule the application for review during a scheduled hearing session at a time and place of its choosing. (3-23-22)

04. Decision. (3-23-22)

a. The offender is not entitled to appeal the Commission's decision. (3-23-22)

b. The offender may reapply two (2) years from the date of denial by either the Governor or the Commission. (3-23-22)

05. Approval of Transfer Request. If the Commission approves the transfer request, the request packet is sent to the Department of Justice for consideration and approval. Once the Department of Justice approves the transfer, the offender is under the jurisdiction of the Department of Justice. (3-23-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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