tencing and the administering States must agree to the transfer of a sentenced person. In the case of the United States of America, where a sentenced person has been convicted by a state of the United States of crimes under the laws of that state and is in the custody of authorities of that state, the Government of the United States will not agree to a transfer unless the competent state authorities first give their consent.
In any such case, the state government must have state legislation authorizing consent to such transfers and be prepared to exercise that authority in the specific case.
For the benefit of authorities of member States and other Parties to the Convention, a current list is enclosed of those states of the United States that have legal authority to transfer sentenced persons in their custody. The United States Government is renewing its efforts to encourage its states to obtain necessary statutory authorization for participation in transfers under the Convention.
As just noted, however, even in those states that have such authority, specific consent of the appropriate state authorities would be required for transfer of any particular individual who was convicted of violating that state's laws. Consent may not be presumed from the existence of statutory authority; indeed, there are some states which authorize few, or no, transfers notwithstanding the statutory authority to consent. While the Government of the United States strongly encourages state participation in transfers under the Convention, the United States Government cannot compel a state to consent to the transfer of an individual who was convicted of violating that state's laws.
United States Federal authorities are prepared to assist member States and other Parties to the Convention in contacting appropriate state authorities, and recommend that this be done informally prior to submission of a formal request for transfer. In addition, the member State or Party to the Convention may contact the state authorities directly to try to persuade them of the propriety of the transfer of a particular individual.
The United States Central Authority is the International Prisoner Transfer Unit, Office of Enforcement Operations, Criminal Division, Department of Justice, Washington, D.C. 20530.
List of States:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Northern Marianna Islands (U.S. Territory), Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont (Canada only), Virginia, Washington, Wisconsin and Wyoming.
Period covered: 3/9/1997 -
The preceding statement concerns Article(s): 3
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