N.J. Admin. Code § 10A:10-6.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10A:10-6.3 - Eligibility criteria for international transfer

(a) Offenders must meet all of the following criteria before they may be considered for an international transfer:

1. The offender must be a citizen of the receiving state;

2. The offender must consent to transfer to the receiving state;

3. The offense of the offender must constitute a criminal offense under the laws of the receiving state;

4. The offender shall not have, at the time of the application, less than 12 months remaining on the sentence;

5. The offender shall not have collateral attacks or appeals on the sentence and/or conviction pending;

6. All other provisions of the imposed sentence such as fines, restitution and penalties shall be paid in full;

7. The offender shall not have detainers, lodged in a state of the United States, wanted notices based on criminal convictions, indictments, informations, complaints and/or parole or probation violation allegations pending; and

8. The offender must meet all of the eligibility requirements of the treaty with the receiving state.

(b) The U.S. Immigration and Customs Enforcement (ICE) must have lodged a detainer or have an interest regarding the deportation proceedings in order for the offender to be eligible for international transfer.

(c) Offenders who have previously applied for international transfer and were not approved shall not be permitted to reapply for a period of two years from the date of disapproval.

1. The two-year period of time shall not preclude an inmate from submitting another application for international transfer if there is a substantial change in the material submitted with the prior application pursuant to 10A:10-6.4 and 6.6.

i. The Office of Interstate Services shall determine whether a substantial change in the material exists during its review of the application for compliance with general eligibility criteria.

N.J. Admin. Code § 10A:10-6.3

Amended by R.1988 d.29, effective 1/19/1988.
See: 19 N.J.R. 1620(a), 20 N.J.R. 194(c).
Amended by R.1992 d.310, effective 8/3/1992.
See: 24 N.J.R. 1939(a), 24 N.J.R. 2731(b).
Amended by R.2001 d.456, effective 12/3/2001.
See: 33 N.J.R. 2943(a), 33 N.J.R. 4108(a).
Added (c).
Amended by R.2007 d.199, effective 7/2/2007.
See: 39 N.J.R. 747(a), 39 N.J.R. 2537(a).
In (a)8, inserted "lodged in a state of the United States"; and rewrote (b).
Amended by R.2009 d.74, effective 3/2/2009.
See: 40 N.J.R. 6374(a), 41 N.J.R. 1052(b).
Deleted former (a)5; and recodified former (a)6 through (a)9 as (a)5 through (a)8.