§ 77-28b-3 — Eligibility criteria for international transfer.

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.

Legislative History

Amended by Chapter 302, 2025 General Session