On December 8, 2011, the U.S. Department of Justice(DOJ) released a report by the Office of the Inspector General (OIG) on whether the DOJ is effectively managing the International Prisoner Transfer Program (treaty transfer program) for foreign national inmates. The OIG reviewed the roles of the DOJ’s components involved in the treaty transfer program, the selection of inmates to be transferred, the timeliness of the process, the costs associated with the program, and recidivism in the U.S. by inmates who were transferred to their home countries.
Surprisingly, few foreign national inmates from treat transfer nations are transferred to their home countries each year. For instance, in fiscal year (FY) 2010, slightly less than 1 percent of the 40,651 foreign national inmates from treat countries in federal prison were transferred to their home countries. The most important reason is the transfer treaty with Mexico, imposes significant restrictions on the Bureau of Prisons and International Prisoner Transfer Unit, resulting in a very low acceptance level Other reasons for the low transfer rate include:
- The BOP does not effectively inform inmates about the treaty transfer program because the BOP’s insufficient translation services may keep some inmates from fully understanding and participating in the program;
- The BOP sometimes determines incorrectly that inmates are ineligible for the program, in part because its program statement is incomplete and incorrect;
- IPTU does not evaluate inmates’ suitability for transfer consistently, which results in disparate treatment of inmates in similar circumstances; and
- Factors outside of the DOJ’s control, such as the voluntary nature of the program, other countries’ (especially Mexico’s) reluctance to receive all of their nationals, and the lack of treaties with some countries that have many nationals in BOP’s inmate population.
The report makes 14 recommendations. A link to the report is at
http://www.justice.gov/oig/reports/2011/e1202.pdf
The next issue of the IELR will discuss and analyze the implications of the report.
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