An offender must meet the following criteria before he may be considered for an international transfer:
| (1) |
the offender is a citizen of the receiving country; |
Terms Used In Utah Code 77-28b-3
- Conviction: A judgement of guilt against a criminal defendant.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
the offender consents to transfer to his 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 his 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 his country. |
Enacted by Chapter 324, 1990 General Session
