Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 462.00 - International Transfer Policy
Section 462.11 - Other Review Processes
Current through Register 1531, September 27, 2024
(1) In addition to approval by the Commissioner, an inmate's transfer application shall also be approved by each of the following: the Governor's Office; the United States Department of Justice; and the receiving country. Denial by any one of the three reviewing authorities constitutes a denial of an inmate's transfer application; however, an inmate may reapply one year from the date of denial of his application.
(2) If the transfer request is approved by all of the reviewing authorities, the inmate shall receive a hearing before a United States Magistrate at which time the magistrate shall determine whether the inmate consents to the transfer. If so, and provided that no proceeding by way of any appeal or of collateral attack is pending in Massachusetts and the inmate has waived all rights of appeal or collateral attack, the inmate shall be transferred.
