NCJ Number
51329
Date Published
1977
Length
309 pages
Annotation
THIS LEGISLATION, A COMPANION TO SENATE BILL 1682, SPELLS OUT PROCEDURES FOR THE IMPRISONMENT, PROBATION, AND PAROLE OF AMERICANS TRANSFERRED TO U.S. PRISONS AS THE RESULT OF FOREIGN CONVICTIONS.
Abstract
THE BILL IMPLEMENTS PRISONER TRANSFER TREATIES ALREADY SIGNED WITH CANADA AND MEXICO. OTHER TREATIES OF A SIMILAR NATURE ARE BEING CONSIDERED. THE HEARING TRANSCRIPT CONSISTS PRIMARILY OF TESTIMONY FROM LEGAL EXPERTS CONCERNING THE IMPORTANCE OF DUE PROCESS THROUGHOUT THE TRANSFER AND TESTIMONY FROM STATE DEPARTMENT AND JUSTICE DEPARTMENT OFFICIALS CONCERNING THE DETAIL OF THE TRANSFER TREATY IMPLEMENTATION. THREE QUESTIONS ARE ADDRESSED IN DETAIL: (1) THE SEVERE RESTRICTIONS LIMITING THE PRISONER'S RIGHT TO CHALLENGE THE ORIGINAL CONVICTION IN THE FOREIGN COUNTRY; (2) THE PROTECTION OF DUE PROCESS THROUGHOUT ALL TRANSFER PROCEEDINGS; AND (3) THE DEGREE OF RESPONSIBILITY OF THE U.S. GOVERNMENT FOR TRANSFERRED PRISONERS. THE STATE DEPARTMENT TESTIMONY ALSO COVERS CLASSES OF PRISONERS NOT ELIGIBLE FOR TRANSFER. MOST OF THE MATERIAL CONCERNS THE LEGAL ASPECTS OF THE TRANSFERS. HOWEVER, SOME OF THE STATE DEPARTMENT TESTIMONY ANSWERS CHARGES THAT CONSULAR OFFICIALS AND EMBASSY PERSONNEL HAVE IGNORED THE PLIGHT OF AMERICANS IN FOREIGN PRISONS. TWO STATE DEPARTMENT DOCUMENTS RELATING TO THIS ISSUE ARE INCLUDED. THE FIRST IS A 73-PAGE INFORMATION BOOK WRITTEN FOR AMERICANS EXPLAINING THE PRISONER TRANSFER PROCEDURES. THE SECOND IS A PROCEDURES MANUAL FOR CONSULAR OFFICIALS TITLED 'PROTECTION OF AMERICAN NATIONALS ARRESTED, ON TRIAL, OR IMPRISONED.' OTHER APPENDED ITEMS INCLUDE COPIES OF THE TREATIES WITH CANADA AND MEXICO, OFFICIAL LETTERS OF TRANSMITTAL, A COPY OF SENATE BILL 1682, AND ARTICLES ON THE CONSTITUTIONALITY OF VARIOUS ASPECTS OF THE TRANSFER. (GLR)