BOP Program Statement 5140.42 § 1

§ 527.40 Purpose and scope.

This subpart describes the Bureau of Prisons (Bureau) procedures regarding its

role in the transfer of offenders to foreign countries and the transfer of American

offenders back to the United States pursuant to 18 U.S.C. § 4100, et seq., and

applicable transfer treaties and conventions.

28 CFR § 0.96b provides that:

“The Director of the Bureau of Prisons and officers of the Bureau of Prisons

designated by him are authorized to receive custody of offenders and to transfer

offenders to and from the United States of America under a treaty as referred to in

Public Law 95-144; to make arrangements with the States and to receive

offenders from the States for transfer to a foreign country; to act as an agent of

the United States to receive the delivery from a foreign government of any person

being transferred to the United States under such a treaty; to render to foreign

countries and to receive from them certifications and reports required under a

treaty; and to receive custody and carry out the sentence of imprisonment of

such a transferred offender as required by that statute and any such treaty.”

Federal Regulations from 28 CFR are shown in this type.

Implementing instructions are shown in this type.

a. Summary of Changes. This revision of the Program Statement includes the following

changes:

Policy Rescinded

P5140.40 Transfer of Offenders to or from Foreign Countries (08/04/11)

■ Modifies Form BP-A0297, Transfer Inquiry, to include a list of possible ineligible criteria

and requires a review and signature of the Unit Manager.

■ Inmates with pending appeals or collateral attacks for the underlying criminal judgment or

sentence may not apply for transfer.

■ Provides clarification regarding dual citizenship, committed fines, and cases with detainers or

pending charges.

■ The Office of Enforcement Operations (OEO) will inform inmates who are not appropriate

for Treaty Transfer by letter indicating the reasons for denial.

b. Program Objectives. Expected results of this program are:

■ Inmates will be notified of the “Treaty Transfer Program” during the Admission and

Orientation Program (A&O).

■ Inmate transfers will be voluntary; the inmate must consent to the transfer; and both countries

must approve transfer.

■ Eligible inmates approved for transfer will be transferred to or from foreign countries under

the treaty and the receiving country will be responsible for administering the transferred

sentence in accordance with their laws.

c. Pretrial/Holdover and Detainee Procedures. Procedures in this Program Statement do not

apply to pretrial inmates or Immigration and Customs Enforcement (ICE) detainees; the

procedures do apply, however, to holdover inmates who otherwise meet the eligibility criteria.

d. Institution Supplement. None required. Should local facilities make any changes outside

the required changes in the national policy or establish any additional local procedures to

implement the national policy, the local Union may invoke to negotiate procedures or

appropriate arrangements.

e. Victim Witness Program (VWP). When an application packet is received in the Central

Office that involves a VWP case, Central Office staff will complete notification to the victim,

advising him/her that the inmate has applied for a treaty transfer. When a VWP inmate is

approved for transfer to another country, a second notification must be made per the release

procedures in the Program Statement Victim and Witness Notification. However, in treaty

P5140.42 4/10/2015 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 2

cases, advance notification of the physical transfer is ordinarily not provided to the victim;

instead the notification is completed on the day of the treaty transfer.

f. Walsh Act Civil Commitment of Sexually Dangerous Persons. Staff must comply with

established Bureau of Prisons Walsh Act procedures when an inmate requires review by the

Certification Review Branch, Correctional Programs Division (CPD), Central Office. Inmates

who require review are referred at the time the treaty packet is received in Central Office. The

Central Office informs OEO of the decisions made by the Certification Review Panel.