TABLE OF CONTENTS

PURPOSE

This Department Order establishes a system for transfer of Department inmates to jails, other jurisdictions, states or nations having prisoner transfer treaties with the United States. This Department Order also establishes a system for control of costs associated with temporary placement of inmates or offenders in jails.

PROCEDURES

1004.01 ARREST OF OFFENDERS - POST EARNED RELEASE CREDIT DATE

1.1 Communications Center (Communications) staff shall place a detainer with the arresting agency upon notification that an offender with a date offense prior to January 1, 1994, who had been released by the Department but who has not reached their Sentence Expiration Date, is arrested for a new felony offense, a misdemeanor involving violence, a sex offense, or crimes against children.

1.2 Community Corrections staff or Fugitive Services Unit staff shall release the detainer under the following circumstances:

1.2.1 The court with jurisdiction grants the offender a release on his own recognizance.

1.2.2 The offender posts bond and the court with jurisdiction imposes pre-trial supervision.

1.2.3 Upon final disposition of the current charges.

1.2.4 The offender reaches the Sentence Expiration Date.

1004.02 RETURN OF RELEASE VIOLATORS TO DEPARTMENT FACILITIES - To reduce jail housing costs, release violators shall be directly returned to the nearest Department facility. Private Prisons are not authorized to receive release violators from the street. If parole officers and/or law enforcement agencies contact Communications in regard to an arrest made pursuant to a warrant issued by the Department, the following actions shall occur:

1.1 Communications Staff - Upon notification by a Parole Officer or law enforcement agency that a release violator (violator) has been arrested, Communications staff shall:

1.1.1 For Law Enforcement Agencies - Request the law enforcement agency to deliver the violator to the Department institution nearest their location.

1.1.1.1 If the law enforcement agency is unwilling or unable to transport the violator to the nearest institution, notify the nearest institution that a violator needs to be transported and provide the location where the violator is to be picked up, the agency having custody, and the name and telephone number of a contact person.

1.1.2 Notify the institution of the impending delivery of a violator. Parole Officers shall transport a violator to the nearest institution or request the police agency, Community Corrections Transportation Officers, or Special Investigators to transport or assist in the transport of the offender.

1.1.3 If requested by the Parole Officer, contact the nearest institution for transportation assistance if a violator is detained in a parole office and one or more of the following conditions are present as determined by the parole office:

1.1.3.1 The local law enforcement agency is unwilling or unable to provide transportation after being requested to do so by the Parole Officer.

1.1.3.2 A minimum of two urban designated Parole Officers or Community Corrections staff members are not available to provide transportation.

1.1.3.3 The violator is being detained in a rural parole office.

1.1.3.4 The violator poses a sufficient risk to the safety of the public or the Parole Officers and that institutional assistance is necessary.

1.1.4 Notify the Fugitive Services Unit.

1.1.5 If the violator is coming from an Emergency Room:

1.1.5.1 Notify the institutional Health Services Unit.

1.1.5.2 Request the transporting agency/officers to secure any medical documentation/information pertinent to the health of the violator.

1.1.6 Ensure all actions taken are entered in the appropriate logs and/or journals, to include the computer-generated morning report.

1.2 Institutional Responsibilities - Upon receipt of a violator, Wardens or their designee shall:

1.2.1 Ensure that the receiving officer verifies the status (type of release) of the violator.

1.2.2 Ensure that the following actions are taken and the documentation is completed and signed by both the transporting and receiving officers, prior to the Community Corrections staff members or Law Enforcement Officer leaving the institution:

1.2.2.1 Request of Inmate Placement and Hold, Form 1004-1P.

1.2.2.2 Movement Authorization, Form 705-1P, in accordance with Department Order #705, Inmate Transportation.

1.2.2.3 Ensure the violator signs the Inmate Arrival and Transfer - Money/Valuables Receipt, Form 901-17P.

1.2.2.3.1 If the violator does not have any money, indicate this by placing the word "none" in the amount field.

1.2.2.3.2 Place any money received in a money envelope, seal the envelope, and staple the original signed money receipt to the envelope.

1.2.2.4 Ensure photos are taken of the violator and that the inmate receives an inmate identification card in accordance with Department Order #901, Inmate Records Information and Court Action.

1.2.2.5 Distribute copies of all forms as indicated on the bottom of the forms. The Master Record File copy shall be forwarded through the institution Offender Information Unit, to the Offender Services Bureau, Offender Information Unit.

1.2.3 Notify Communications of the return of a violator from a county facility or law enforcement agency, for inclusion in the morning report, and include the violators's name and number, and the date, time and transporting agency.

1.2.4 Violators detained at a county facility or local police agency may be returned to Department custody as soon as reasonable, or the next business day, by:

1.2.4.1 Department staff members providing transportation from the holding agency to the institution. Violators shall be transported in accordance with Department Order #705, Inmate Transportation.

1.2.4.2 The holding agency transporting the violator to an institution at their convenience, such as the next scheduled transport of new commitments to ASPC-Phoenix or APSC-Perryville.

1.2.4.2.1 Violators arrested on new charges may be held by the arresting agency pending the disposition of those charges.

1.2.5 Ensure the violator is searched and any contraband disposed of in accordance with Department Order #909, Inmate Mail/Property and Stores.

1.2.6 Ensure the violator is seen by Health Services staff within eight hours of arrival, or within two hours of arrival if the violator is in a lock down status.

1.2.7 If a bed is not available, ensure the violator is placed in a temporary/emergency bed in accordance with Department Order #701, Inmate Accountability.

1.2.8 If the warrant has not been served by Community Corrections staff, upon receipt of the warrant from the Fugitive Services Unit, serve the violator with the warrant. If the probable cause hearing is waived by the violator, conduct an institutional classification committee review in accordance with Department Order #801, Inmate Classification.

1.2.9 Ensure the Fugitive Services Unit is notified within 24 hours of serving the warrant or a violator's request for a probable cause hearing.

1.3 Institution Offender Information Unit - The institution Offender Information Unit staff shall:

1.3.1 Ensure that paperwork is completed and copies are made for the institution files.

1.3.2 Forward the original copies of all violator paperwork to the Offender Services Bureau, Time Computation Unit (TCU).

1.3.3 Research the AIMS Automated file to determine the accurate status of the violator.

1.3.4 Enter the inmate status on the AIMS External Movement Screen. If unable to determine the inmate's status, contact the TCU for verification.

1.3.5 Enter all actions taken by the processing officer into the AIMS Offender Comment screen using the violator transaction type.

1.3.6 Ensure the appropriate staff member enters the violator movement on the AIMS Movement screen and that the morning count sheet sent to the Central Office Accountability and Movement Officer reflects this information.

1.3.7 Enter a "V" designator on the inmate's suffix field of the AIMS Personal Characteristics screen and annotate the offender comments screen.

1.4 Health Services Unit - Health Services staff shall:

1.4.1 Perform a medical examination on the violator in accordance with Department Order #1101, Inmate Access to Health Care, and/or Health Services Technical Manuals.

1.4.2 If the violator has been out of a Department institution for over 90 days, arrange for a complete health intake process.

1.4.3 Retrieve the medical records.

1.5 Community Corrections - The Assistant Director for Community Corrections or designee, on the next work day after being notified that a violator has been returned to Department custody, shall:

1.5.1 Ensure that due process issues have been initiated on all offenders who have been returned to custody for violating their Conditions of Supervision.

1.5.2 Coordinate serving the Warrant of Arrest, Form 1003-13PF.

1.5.3 After the warrant has been served, determine if the violator is eligible to participate in the Teaching Offenders to Live (TOTL) program and initiate the process if applicable, as outlined in Department Order #1003, Community Corrections.

1.5.4 When applicable, coordinate probable cause and revocation hearings using the Probable Cause Hearing, Form 1003-11P.

1.5.5 Within 24 hours of determination of waiver, (Hearing/Application Waiver Notice, Form 1003-21PF), notify the TCU of those violators, by region, requiring probable cause or revocation hearings by the Board of Executive Clemency (Board) or Hearing Unit staff.

1.5.6 Within five work days of the completion of the probable cause hearing, electronically notify the TCU and the institution Offender Information Units of the hearing results. (Request for Disposition Hearing, Form 1003-26PF.)

1.5.7 Enter all actions on the AIMS Offender Comment Screen using the appropriate violator transaction types.

1.6 Offender Services Bureau - The TCU staff shall:

1.6.1 Upon notification of a violator's return to Department custody by the Fugitive Services Unit, verify the AIMS movement screen entries.

1.6.2 If the violator has 30 days or less to serve on the active sentence, notify the Central Office Accountability Movement Officer and Fugitive Services Unit.

1.6.3 Within five work days from the receipt of notification, prepare a time sheet for parole violators and forward it to the Fugitive Services Unit.

1.6.4 Within two work days after receiving notification that probable cause has been waived or five work days if probable cause is found, enter the appropriate violator revocation codes on the AIMS Movement screen.

1.6.5 Within five work days of notification that probable cause has been found or waived, calculate new tentative release dates and provide those dates to the institution Offender Information Unit where the violator is located.

1.6.6 Ensure all phases of the violator's processing have been completed and remove the "V" designator from the inmate's Personal Characteristic Screen.

1.6.7 Arrange for transportation of the inmate to an appropriate facility, as needed. The violator should not be transferred if the release date is within 30 days.

1.7 Assignment of Violators to ASP-Florence West - Violators returned to Department custody shall be evaluated for placement at ASP-Florence West. Violators or inmates returned to Department custody for conviction of new charges shall not be assigned to ASP-Florence West.

1.7.1 The assigned Classification staff shall, within one work day of the violator's return to custody, determine the violators eligibility for placement at ASP-Florence West based upon:

1.7.1.1 The violator's last classification action prior to release from custody and classification criteria as outlined in the Classification Operating Manual.

1.7.1.2 Information contained in the Request for Inmate Placement and Hold form completed by the assigned Community Corrections staff member. If applicable, this information may be used to determine if placement into an institution with a higher security level is appropriate. Parole Officer comments which document the following shall result in the violator's ineligibility for placement at ASP-Florence West:

1.7.1.2.1 Instances of suicide attempts, episodes of violent behaviors or other mental issues, which may have occurred while on release, shall be forwarded to the institution Health Services Unit.

1.7.1.2.2 Indication that the inmate is under investigation for Murder/Attempted Murder, Rape/Attempted Rape, Sexual Assault/Attempted Sexual Assault, Child Molestation/Attempted Child Molestation.

1.7.2 Violators who do not meet the criteria for ASP-Florence West shall be placed into the appropriate assignment within the institution. The Offender Services Bureau, Classification Unit, shall designate facility placement for violators returned to ASPC-Phoenix, Alhambra.

1.7.3 If the violator meets the criteria for placement at ASP-Florence West, the assigned Classification staff member shall notify the institution Offender Information Unit Supervisor, who shall confirm the placement approval on the appropriate AIMS screens.

1.7.4 Medical Eligibility for ASP-Florence West - The institution Health Services Unit shall:

1.7.4.1 Receive a copy of the daily movement sheet.

1.7.4.2 Complete a medical/mental health evaluation within 72 hours of the violator's return to custody in accordance with applicable Department Orders and Health Services Technical Manuals.

1.7.4.2.1 A medical hold shall be placed on the appropriate AIMS screens for all violators returning to custody pending a medical/mental health evaluation.

1.7.4.2.2 Medical/mental evaluations shall be performed as outlined in the Nurses Technical Manual.

1.7.4.3 Complete a Medical History form and a Physical Examination form if a physical examination is required.

1.7.5 Violators experiencing immediate health or mental health problems, or who have a chronic medical condition shall not be approved for transfer to ASP-Florence West.

1.7.5.1 A chronic medical condition is defined as cancer, insulin dependent diabetes, seizure disorders, heart disease, respiratory disease, tuberculosis, HIV/AIDS, and/or serious mental illness.

1.7.5.2 Violators medically ineligible for ASP-Florence West shall be assigned to the institution best equipped to treat the violator's medical condition.

1.7.6 Upon release of the medical hold, the Offender Services Bureau, Classification Unit, shall schedule the violator's movement to ASP-Florence West.

1004.03 TRANSFER OF INMATES TO FOREIGN COUNTRIES/US TREATY AGREEMENTS - Eligible inmates, who are foreign nationals, are encouraged to request transfer to their country of origin, provided that their country has executed a treaty with the United States. (See Attachment C, Participants in the International Prisoner Transfer Program.)

1.1 U.S. Treaty Criteria - The following eligibility criteria as established by U.S. Treaty are common to all treaty nations and apply to all applicants. The inmate shall:

1.1.1 Be a citizen of the receiving country.

1.1.2 Consent to the transfer.

1.1.3 Not be committed to the Department for a military or immigration offense.

1.1.4 Have at least six months of the current sentence remaining to be served, at the time of request for transfer.

1.1.5 Not have pending appeal proceedings, any legal action challenging the inmate's current conviction and/or any requested court action to alter the inmate's sentence structure.

1.2 The Department may deny the release of an inmate under the U.S. Treaty Agreement for cause or sound correctional practice.

1.2.1 SECTION DELETED

1.2.2 SECTION DELETED

1.2.3 SECTION DELETED

1.2.4 SECTION DELETED

1.2.5 SECTION DELETED

1.3 Special Criteria for Other Countries - In addition to the U.S. Treaty and Department criteria, applicants for the following countries shall also meet the following criteria:

1.3.1 Bolivia - Applicants shall have complied with each provision of the current sentence, other than the period of detention, to include all fines, restitution(s) and court costs.

1.3.2 Canada - Applicants shall submit the following completed documents and/or materials:

1.3.2.1 An original Information and Decision Form for Transfer to Canada, Correctional Service Canada, Form 614. (Attachment B).

1.3.2.2 The Transfer to Canada Under Offenders Act, Form 1004-6P.

1.3.2.3 A Statutory Declaration Non-Renunciation of Canadian Citizenship, Form 1004-3P.

1.3.2.4 Inmate Property Inventory, Form 909-4P, and if necessary, Inmate Property Supplement, Form 909-1P, and, if applicable, Inmate Property/Contraband Release, Form 909-6P.

1.3.2.5 A copy of the Notification in Case of Accident, Serious Illness or Death and Disposition of Personal Property, Form 711-1.

1.3.2.6 The original birth certificate with the raised seal.

1.3.2.7 Photos acceptable for a passport. Inmates may be requested by their embassy to pay for the issuance of a passport.

1.3.3 Mexico - The applicant must not have resided in the United States, with the intent to remain permanently,  for a period of at least five years prior to the arrest which led to the inmate's conviction.

1.4 Other Criteria - Inmates who have detainers (See Definitions) from any jurisdiction other than the United States Immigration and Custom Enforcement agency (ICE) may be considered for transfer if:

1.4.1 For a Tried Detainer - The detainer is for a felony conviction that meets Department eligibility criteria. All documents regarding the detainer shall be included with the application packet.

1.4.2 For an Untried Detainer - The inmate uses the Interstate Agreement on Detainers or the Uniform Mandatory Disposition of Detainers Act to resolve the untried offense prior to submitting the application package. The application packet shall include all documents regarding the disposition.

1.5 Ineligibility - An inmate shall not be considered for transfer if the inmate is:

1.5.1 Involved in any known investigation in any capacity.

1.5.2 Serving a term without a specific duration, unless such duration is subsequently fixed by a court or by the Board.

1.5.2.1 The inmate may apply for commutation of a sentence without a specific duration to a fixed number of years by applying to the Board, in accordance with Department Orders #1001, Inmate Release System and #1002, Inmate Release Eligibility System.

1.5.2.2 The request for commutation shall be included with the application package.

1.6 Reception Center Procedures for Identification of Foreign Born Inmates - Reception Center intake staff shall ensure that:

1.6.1 During the initial AIMS data entry for a newly committed inmate, the accurate "Citizenship" and "Place of Birth" are entered into the AIMS Personal Characteristics screen.

1.6.2 During the in-take process, all foreign born inmates:

1.6.2.1 Receive the Listing of Participating Countries, Attachment D, and the Informational Handout for Non-U.S. Citizens (English/Spanish), Attachment E.

1.6.2.2 Who are Citizens of Mexico, also receive handouts provided by their government. (See Attachment A.)

1.6.2.3 Are advised of their right to contact the consulate of their country in accordance with Department Order #901, Inmate Records Information and Court Action.

1.6.2.4 Are provided a copy of the Notice of Consulate Assistance-Foreign Born Inmates, Form 1004-24P or, if appropriate, Form 1004-24PS, the Spanish version.

1.7 Institution Procedures for Identification of Foreign Born Inmates - Correctional Officers IIIs shall ensure that inmates meet the criteria when determining if a foreign born inmate is eligible for transfer and shall:

1.7.1 Seek out foreign born inmates.

1.7.2 Research AIMS data, Pre-Sentence Investigation Reports, commitment documents and any other documentation within the institutional record file to determine the inmate's eligibility status.

1.7.3 Interview the inmate using an interpreter, if necessary, and complete the Certificate of Eligibility - U.S. Treaty, Form 1004-15P or for the Spanish version, Form 1004-15PS.

1.7.4 If the inmate is determined to be ineligible, annotate the reason(s) on the Offender Comment Screen using the appropriate U.S. Treaty transaction type.

1.7.5 Enter the following information on the AIMS Offender Comment Screen, under "U.S. Treaty" heading:

1.7.5.1 The interview date.

1.7.5.2 Whether the inmate meets the eligibility criteria.

1.7.5.3 Whether the inmate has volunteered for a transfer.

1.7.5.4 Correctional Officers III initials as assigned on AIMS.

1.7.6 For new commitments, review the Pre-sentence Investigation Report and the inmate's records for citizenship during the sixty-day classification data review.

1.7.7 During each semi-annual classification review, encourage inmates who previously declined to volunteer for transfer or return to their country of citizenship to do so. Section 1004.03, 1.7.5 shall be completed after each interview.

1.8 Pre-Transfer Process (Institution Responsibilities) - When an inmate consents to return to their country of citizenship and upon completion of the Certificate of Eligibility, the Correctional Officer III shall:

1.8.1 Ensure the inmate submits a completed Application for Transfer to Foreign Country, Form 1004-5P.

1.8.2 Request all the information required on the Status of Offender, Form 1004-7P, from the TCU, or if appropriate, the Spanish version, Form 1004-7PS.

1.8.3 Request the most recent report of medical examination and transfer of case summary from the institution Health Services Unit.

1.8.4 Request an AIMS printout of the "Escape Bulletin" with photographs (front and side view) from the institution Offender Information Unit.

1.8.5 Ensure the inmate is fingerprinted on an original fingerprint card and that the card is given to the institution Offender Information Unit for computer entry of accurate sentencing information.

1.8.6 Request the current trust account balance from Inmate Banking.

1.8.7 Request the most current AIMS visitation list from the Visitation Office.

1.8.8 Obtain a list of family members and addresses in the receiving country from the inmate.

1.8.9 Obtain a copy of the following documents from the inmate's institutional file.

1.8.9.1 The Pre-sentence Investigation Report. If this report is not available, a social summary report including a description of the offense that led to the inmate's conviction shall be prepared.

1.8.9.2 Criminal History Summary, which is normally included in the Pre-sentence Investigation Report.

1.8.9.3 All current and consecutive commitment documents.

1.8.9.4 All Detainers.

1.8.9.5 Certificate of Eligibility - U.S. Treaty.

1.8.10 Assemble all information into a packet and submit the packet to the Warden or Deputy Warden for review and recommendation of approval or denial.

1.8.11 Upon receipt of the approval or denial from the Warden or Deputy Warden, submit the packet to the institution Offender Information Unit Supervisor.

1.9 Pre-Transfer Process

1.9.1 Upon receipt of the completed packet, the institution Offender Information Unit Supervisor shall:

1.9.1.1 Check the packet for completeness and prepare the Attestation by Records Custodian, Form 1004-9P.

1.9.1.2 Deliver the packet to the County Superior Court for certification by the Presiding Judge and the Clerk of the Court.

1.9.1.3 Maintain the original application packet, and submit three complete copies to the Special Services Manager. Exception - The original Information and Decision for Transfer to Canada Form and the original birth certificate shall be included in one of the three copies.

1.9.1.4 Document all action taken on the AIMS Offender Comment Screen under "U.S. Treaty" heading.

1.9.2 The Special Services Manager shall:

1.9.2.1 Review the packet to ensure compliance with this Order.

1.9.2.2 Submit the complete application packet to the Director for approval or denial.

1.9.2.3 Notify institution staff and the applicant of the Director's approval or denial.

1.9.2.4 Submit application packets approved by the Director to the U.S. Department of Justice and other appropriate agencies.

1.9.2.5 Act as a liaison with the Department of Justice and the appropriate consulates, and provide additional information as required.

1.9.2.6 Direct the physical transfer process.

1.9.2.7 Document all action taken on the AIMS Offender Comment Screen, under "U.S. Treaty" heading.

1.10 Physical Transfer Process for Inmates Approved for Transfer - The Special Services Manager shall furnish the name(s), date, time and place of verification hearings for inmates approved by the United States and the government of the receiving country to the appropriate Warden or Deputy Warden, the institution Offender Information Unit Supervisor and the TCU, Release Notification Unit.

1.10.1 The Warden or Deputy Warden shall ensure:

1.10.1.1 The following items accompany the inmate to the verification hearing:

1.10.1.1.1 The original transfer documents maintained in the institutional file and the final check from the inmate's account.

1.10.1.1.2 An inventory and package of the inmate's property in clearly marked sealed containers, with a copy of the inventory affixed to the outside of each container. (Canada allows property equal to two standard size suitcases or one duffle bag to be transferred with the inmate.)

1.10.1.2 The Status of Offender form, or the Spanish version of the form, is updated as of the actual transfer date and clearly marked "Updated as of (date)."

1.10.1.3 The inmate is transported to the verification hearing and provided security throughout the hearing.

1.10.1.4 Any inmate who retracts the volunteer statement is returned to the prison.

1.10.2 At the time of a custody change, a receipt, which has been signed by the U.S. Marshal or U.S. Bureau of Prisons personnel taking custody of the inmate, shall be obtained by the Department transporting officer and delivered to the institution Offender Information Supervisor.

1.10.3 The institution Offender Information Supervisor shall ensure that the movement is entered on the external movement screen upon receipt of the transfer receipt.

1.10.4 The TCU, Release Notification Unit shall notify victims in accordance with Department Order #1001, Inmate Release System.

1004.04 TRANSFER PURSUANT TO INTERSTATE CORRECTIONS COMPACT

1.1 An inmate may be considered for Interstate Corrections Compact transfer if one of the following conditions exist:

1.1.1 Based upon the inmate's behavior, the inmate is determined to be a threat to the orderly operation of the institution.

1.1.2 There is reason to believe the inmate's personal safety would be in jeopardy if the inmate were to remain in a Department institution. This shall be verifiable through investigative and intelligence reports.

1.1.3 There exist extenuating compassionate circumstances to indicate that the transfer is in the best interests of the inmate and, at a minimum, through written documentation there is a verified immediate family member in the requested state.  Transfer of inmates as described in sections 1.1.1 and 1.1.2 of this section shall have priority over Compassionate Transfers.

1.2 Compassionate transfers shall include the following regulations:

1.2.1 An inmate shall have an Institutional Risk Score of 3 or lower at the time of application.

1.2.1.1 An increase of the Institutional Risk Score above 3 at any time during the process shall result in a denial of the application.

1.2.1.2 If already approved, an increase of the Institutional Risk Score above 3 shall result in a rescission of the application.

1.2.2 Any inmate who has been validated or is in the process of being validated as a member of a Security Threat Group, in accordance with Department Order #806, Security Threat Groups (STGs), shall not be considered for transfer under compassionate circumstances.

1.2.3 The inmate shall be required to reimburse the Department for all travel expenses for the compassionate transfer.

1.2.4 Upon final Arizona approval for a compassionate transfer nomination, the Offender Services Bureau Administrator shall notify the Warden or Deputy Warden and the inmate of the estimated travel costs. The inmate shall have the estimated travel costs deposited into his/her trust account prior to nomination to a requested state.

1.2.4.1 Once the inmate has been nominated to and accepted by the requested state, the inmate's name shall be placed on a waiting list for that state.

1.2.4.2 A compassionate nomination, as an exchange, shall be submitted from the requested state and accepted by Arizona before the transfer can occur.

1.2.4.3 After completion of travel, the inmate trust account shall be billed for the actual travel costs. Any remaining balance shall be forwarded to the inmate.

1.2.5 Should the receiving state request that a compassionate transferee be returned to Arizona for cause, the inmate shall be required to reimburse the Department for all travel expenses upon return.

1.2.6 Should an Arizona Interstate Corrections Compact inmate in a receiving state desire to return to Arizona or transfer to another receiving state for extenuating compassionate circumstances, the inmate shall request such a transfer in writing to the Offender Services Bureau Administrator, and include all circumstances.

1.2.6.1 If approved, the inmate shall be required to deposit the estimated amount of travel costs into a special Arizona inmate trust account prior to further travel arrangements.

1.2.6.2 After completion of travel, the inmate's trust account shall be billed for the actual travel costs. Any remaining balance shall be forwarded to the inmate.

1.2.7 An inmate who elects to withdraw a request for compassionate transfer after the final Arizona approval or who fails to deposit the estimated travel costs by the specified date shall be ineligible to apply for a compassionate transfer for two years.

1.3 The following documentation and approval processes shall be completed prior to an inmate being considered for an Interstate Corrections Compact transfer:

1.3.1 The inmate shall sign an Inmate Request for Transfer, Form 1004-11P and an Inmate Statement of Pending Legal Actions, Form 1004-13P and have them witnessed by the assigned Correctional Officer III.

1.3.2 If the transfer request is for compassionate circumstances, the inmate shall also complete the State of Preference and Compassionate Circumstances, Form 1004-12P, and have it witnessed by his/her assigned Correctional Officer III. The inmate shall request no more than one state on this form.

1.3.3 Upon receiving the completed State of Preference and Compassionate Circumstances form and/or the Inmate Request for Transfer form from the Correctional Officer III, the Warden/Deputy Warden shall determine if the inmate meets the criteria for an Interstate Corrections Compact transfer.

1.3.4 If the inmate refuses to sign the Request for Transfer, the Correctional Officer III shall serve the inmate with a Referral Notice to initiate a hearing by the Institution Classification Committee as outlined in Department Order #801, Inmate Classification.

1.3.5 Upon approving the Inmate Request for Transfer or recommendation of the Classification Committee to transfer, the Warden or Deputy Warden shall prepare a letter of nomination including, but not limited to:

1.3.5.1 A summary of institutional adjustment, such as disciplinary history, program involvement/completions and evaluations.

1.3.5.2 Verifiable Security Threat Group affiliations.

1.3.5.3 Justification for the nomination.

1.3.6 The following completed documentation shall be attached to the nomination letter and forwarded to the Special Services Unit, who shall forward it to the Offender Services Bureau Administrator for review and approval or disapproval:

1.3.6.1 The Inmate Request for Transfer.

1.3.6.2 The inmate's most recent Correctional Classification Profile and Summary Admission Report.

1.3.6.3 The Inmate's State of Preference and Compassionate Circumstances form shall only be used for nominations in accordance with section 1004.04, 1.1.3.

1.3.6.4 All investigative and intelligence reports that verify the Warden or Deputy Warden's justification for the nomination in accordance with section 1004.04, 1.1.2.

1.3.6.5 The Inmate Statement of Pending Legal Actions.

1.3.6.6 Pre-Sentence Report.

1.3.6.7 FBI Criminal Identification (Rap Sheet).

1.3.6.8 Identification sheet.

1.3.6.9 Psychological evaluation accomplished within the past six months.

1.3.6.10 Most recent time computation.

1.3.6.11 Commitment orders and detainers

1.3.6.12 A Transfer Summary/Continuity of Care form.

1.3.6.13 AIMS printout of complete Disciplinary History.

1.3.6.14 Verfication letter from an immediate family member(s) in the requested state.

1.3.7 The Offenders Services Bureau Administrator shall ensure all transfer requests involving management and/or protective segregation cases are reviewed by the Deputy Director for Prison Operations or designee prior to final approval.

1.3.8 The Director may waive all or part of the requirements outlined in 1.3 through 1.3.7 of this section based upon special circumstances, or for security reasons.

1.4 The Department shall not accept inmates with catastrophic medical problems or who have extraordinary medical requirements, as determined by the Offender Services Bureau Administrator in consultation with the Deputy Director for Health Services.

1.5 The Offender Services Bureau Administrator shall advise the Warden/Deputy Warden of the approval or denial of the nomination to a receiving state.

1.5.1 Requests for a particular state shall not be accepted by the Offender Services Bureau for nominations outlined in sections 1004.04, 1.1.1 and 1.1.2.

1.5.2 Only nominations approved by the Warden or Deputy Warden shall be processed through the Offender Services Bureau.

1.5.3 The Inmate Statement of Pending Legal Actions form shall be sent to the General Counsel on all approved transfers.

1.6 When Arizona is the receiving state, recommendations for assignment to a less secure institution shall be in accordance with Department Order #801, Inmate Classification.

1.6.1 The Institution Classification Committee and the Deputy Warden shall forward their recommendation for assignment to a less secure institution and include a current progress report on a separate change sheet to Central Classification.

1.6.2 Recommendations approved by the Offender Services Bureau Administrator shall be forwarded to the sending state.

1.6.3 Upon receipt of a response from the sending state, the Offender Services Bureau Administrator shall advise Central Classification of the final decision.

1.6.4 Central Classification shall advise the Warden or Deputy Warden and the inmate of the final decision in writing.

1.7 The Warden or Deputy Warden shall ensure that semiannual progress reports are forwarded to the Offender Services Bureau Administrator, who shall forward a copy to the sending state.

1.8 Inmates confined to the Department pursuant to the terms of the Interstate Compact are subject to the rules of the Department.

1.9 An inmate who escapes from the assigned institution shall be considered a fugitive from that state.

1.10 The Warden or Deputy Warden may submit a written request to the Offender Services Bureau Administrator for an inmate to be returned to the sending state. Justification shall include supporting documentation that the inmate is a severe threat to the secure and orderly operation of the institution. The Offender Services Bureau Administrator has sole discretion to approve or disapprove the return of an inmate to the sending state.

1.11 An Interstate Corrections Compact inmate shall not be permitted to leave the secure perimeter of an institution without staff escort.

1.12 The Offender Services Bureau shall maintain logs listing:

1.12.1 States with which the Department has compact contracts.

1.12.2 Names of inmates participating in the Interstate Corrections Compact.

1.12.3 Pending requests for reassignment to a less secure institution.

1.13 All inmates discharged from custody shall be discharged pursuant to the applicable laws, statutes and regulations of the sending state and shall sign the Receipt of State Prisoner on Discharge from Arizona State Prison Complex, Form 1004-2P.

1004.05 JAIL COST CONTROL - Costs associated with the temporary placement of release violators in a jail shall be controlled by minimizing the time spent in jail pending violations of conditions of release and/or court action by the Department or other criminal justice agency.

1.1 Fugitive Services Unit Manager shall:

1.1.1 Upon notification of arrest, place a hold on the release violator.

1.1.2 Within one work day of the notification of the arrest, contact the jail to determine the status of any court action(s).

1.1.3 Electronically notify the closest Department institution to arrange for the transportation of the release violator, if no court action(s) is pending.

1.1.4 Monitor the case until there has been a disposition of charges, if a court action(s) is pending.

1.1.5 Upon receipt of invoices received from other agencies, through the Offender Services Bureau, review and compare release dates noted from the jails and the date the inmate was returned to the Department institution. Make changes to reflect the accurate date(s) if a discrepancy exists.

1.1.6 Forward the invoices to the Offender Services Bureau upon completion.

1.2 The Offender Services Bureau staff shall, within seven days of receipt, forward any invoices received from the counties related to transportation and/or housing of release violators to the Fugitive Services Unit.

1.2.1 The invoices shall be separated by counties.

1.2.2 The Offender Services Bureau staff shall arrange for the transportation and/or return of newly committed inmates.

1004.06 ARRESTS OF INMATES BY PEACE OFFICERS - Offenders shall be protected from unreasonable search and seizure (arrest), and shall not be released to police custody without a court order.

1.1 Searches Pursuant to a Search Warrant - When a peace officer presents a Search Warrant, the senior official on duty shall accompany the officer and permit a reasonable and proper search, consistent with the Search Warrant, of the offender and the offender's housing area and property.

1.2 Release of an Offender to a Peace Officer - When a Peace Officer presents an Arrest Warrant, the senior official on duty shall ensure that the offender named on the warrant is detained until an Order to Secure Attendance is presented.

1.2.1 When a Peace Officer presents an Order to Secure Attendance, the senior official on duty shall ensure that the order is complied with.

                                        

Terry L. Stewart

Director

ATTACHMENTS

Attachment A - Mexican Citizens Handout - English/Spanish

Attachment B - Information and Decision Form for Transfer to Canada, Correctional Service Canada Form 614 (5/82)

Attachment C - Participants in the International Prisoner Transfer Program

Attachment D - Listing of Participating Countries

Attachment E - Informational Handout for Non-U.S. Citizens (English and Spanish)

FORMS LISTING

1004-1P, Request for Inmate Placement and Hold

1004-2P, Receipt of State Prisoner on Discharge from Arizona State Prison Complex

1004-3P, Statutory Declaration Non-Renunciation of Canadian Citizenship

1004-5P, Application for Transfer to Foreign Country

1004-6P, Transfer to Canada Under Offenders Act

1004-7P, Status of Offender

1004-7PS, Estado Del Ofensor (Spanish)

1004-8P, FORM DELETED

1004-9P, Attestation by Records Custodian

1004-11P, Inmate Request for Transfer

1004-12P, State of Preference and Compassionate Circumstances

1004-13P, Inmate Statement of Pending Legal Actions

1004-15P, Certificate of Eligibility - U.S. Treaty

1004-15PS, Certificacion de Eligibilidad - Tratado de Estados Unidos (Spanish)

1004-24P, Notice of Consulate Assistance - Foreign Born Inmates

1004-24PS, Aviso De Ayuda Por Consulado - Presos nacidos en el extranjero

IMPLEMENTATION

The Deputy Director for Prison Operations shall develop and maintain a Technical Manual that addresses at a minimum, the process for identifying:

• Out to court inmates whose temporary return to Department custody would pose significant management/security risks or concerns.

• Which facility will temporarily house the inmate commensurate with the inmate's classification level, while the inmate is waiting to appear for a court date.

• How the inmate will be transported from the jail to the nearest Department facility and returned to the jail in order to appear in time for the court date.

The Chief of Staff shall develop a Technical Manual that at a minimum addresses the process for prosecuting inmates or home arrest escapees who commit crimes while in Department custody.

DEFINITIONS

OFFENDER - Any inmate who has been released from the Department on any form of community supervision, to include parolees or probationers accepted for supervision by Arizona or another state under the interstate compact and/or; any inmate with a date of offense prior to January 1, 1994, who has been released from the Department and has met an ERCD, but has not met the SED.

ORDER TO SECURE ATTENDANCE - A written court order that requires the Department to ensure that an inmate appears in court to answer charges.

POST-CONVICTION RELIEF - Any requested court action to alter an inmate's sentence structure.

TRIED DETAINER - Certified document(s) issued by a demanding agency in a County, State or Federal jurisdiction for parole/probation violations, unexpired portions of sentences, and/or new felony convictions.

UNTRIED DETAINER - Certified document(s) issued by a demanding agency in another County, State or Federal jurisdiction containing information that is based on untried indictments, information or complaints.

VERIFICATION HEARING - A hearing by a U.S. Federal Judge to verify an inmate's status to voluntarily return to their country of origin.

AUTHORITY

A.R.S. 31-233, Order for Removal; purposes; duration; work furlough; notice; failure to return; classification.

A.R.S. 31-233.01, Criterion for release on work furlough; release; custody; warrant.

A.R.S. 31-411, Parole or discharge; conditions of parole; release under supervision of state department of corrections.

A.R.S. 31-412, Criterion for release on parole; release; custody of parolee.

A.R.S. 31-415, Violation of parole; warrant for retaking parolee.

A.R.S. 31-461, Interstate Compact for Supervision of Parolees and Probationers.

A.R.S. 31-471,472, Western Interstate Corrections Compact

A.R.S. 31-491-492, Interstate Corrections Compact

A.R.S. 41-105, Exchange of Offenders Under Treaty; Consent by Governor

Attachments A and B not available in this format. See your Department Order Manual.

ATTACHMENT C

DEPARTMENT ORDER 1004

PARTICIPANTS IN THE INTERNATIONAL PRISONER TRANSFER PROGRAM

Austria

Bahamas

Belgium

Bolivia

Bulgaria

Canada

Chile

Costa Rica

Croatia

Cyprus

Czech Republic

Denmark

Estonia

Finland

France

Georgia

Germany

Greece

Hong Kong

Hungary

Iceland

Ireland

Israel

Italy

Japan

Latvia

Liechtenstein

Lithuania

Luxembourg

Malta

Marshall Islands

Mexico

Micronesia

Netherlands (Including Netherlands Antilles/aruba)

Norway

Palau

Panama

Peru

Poland

Portugal

Romania

Slovakia

Slovenia

Spain

Sweden

Switzerland

Thailand

Trinidad/Tobago

Turkey

Ukraine

United Kingdom

"The Former Yugoslav Republic of Macedonia"

United Kingdom Territories

June 21, 2002

ATTACHMENT D

DEPARTMENT ORDER 1004

LISTING OF PARTICIPATING COUNTRIES

The United States of America has treaties with countries listed below for the exchange of prisoners.

BILATERAL TREATIES AND TRANSFER AGREEMENTS

COUNCIL OF EUROPE CONVENTION PARTICIPANTS

² UNITED KINGDOM TERRITORIES

THE INTER-AMERICAN CONVENTION PARTICIPANTS

¹ France, Canada, Panama, and Turkey are also signatories to the Council of Europe Convention. France prefers proceeding under the bilateral treaty

ATTACHMENT E

DEPARTMENT ORDER 1004

INFORMATIONAL HANDOUT FOR NON-U.S. CITIZENS

You have been identified as a citizen of country other than the United States. You may be eligible to volunteer to return to your homeland to serve your sentence. The United States of America has treaties for the exchange of prisoners with the countries listed on Attachment D.

You will meet with your Correctional Officer III to determine your eligibility status. This Department Order outlines criteria to determine if you are eligible. You must consent to return to your Country of Citizenship to complete your sentence. You cannot be forced to do this.

You will be required to meet the following U.S. Treaty criteria that are common for all treaty nations:

1.1 The sentence must be final, as defined in Article I.3 of this convention

1.2 The sentenced person must consent to the transfer, having been previously informed of the legal consequences thereof.

1.3 The act for which the person has been sentenced must also constitutes a crime in the receiving state. For this purpose, no account shall be taken of differences of terminology or of those that have no bearing on the nature of the offense.

1.4 The sentenced person must be a national of the receiving state.

1.5 The sentence to be served must not be the death penalty.

1.6 At least six months of the sentence must remain to be served at the time the request is made.

1.7 The administration of the sentence must not be contrary to domestic law in the receiving state.