Prison Transfer
The prisoners have no inherent right for a prison transfer. Bu it is the policy of the Prison Service in the United States to encourage keeping frequent contacts between the prisoner and the prisoner’s family members. The frequent meetings with the kith and kin during imprisonment will avoid the loneliness the prisoner may feel when far removed from them for a long time. Normally, it is the prison governor who grants a prison transfer. But in the case of a Category A prisoner or one with a life imprisonment, the decision on prison transfer is taken by the prison headquarters. A prisoner is also transferred when he/she is bullied by others and his/her security is threatened.
To obtain a prison transfer, the prisoner may apply in a special form provided in the prison. Alternatively, he or she can get a prison transfer through the prison’s request/complaint system. The prisoner must have remained in the present prison for a few months to make him eligible to apply for a prison transfer. Decision on application for a prison transfer is considered taking into account the following facts:
• Change in their security category.
• For security reasons Category A prisoners are frequently moved from prison to prison.
• As part of the sentence the prisoner has to undergo a course which is not available where the prisoner currently is.
• To allow the prisoner to serve the final weeks of the sentence in a prison near the home.
• When the main visitor of the prisoner has a medical problem.
• When bullied by other inmates of the prison.
• When the prisoner becomes a threat to discipline in the prison.
After making request for prison transfer under the request/complaint system the prisoner is entitled to get a response within seven days. Transfer is not granted automatically on application. Several things like availability of space in the desired prison will be taken into account. The prisoner cannot resort to legal action if the transfer is refused. But he/she can appeal to the Prison Service Headquarters and if refused there too, to the Prison Ombudsman. The family of the prisoner also can help get a prison transfer. But they can intervene only after the request for transfer is made by the prisoner. They can represent to the prison governor how it is difficult for them to keep frequent contact with prisoner.
While making a prison transfer the prisoner has a right to send a special letter to a regular visitor free of any cost. For additional letters and making telephone calls by the prisoner, permission can be granted at the sole discretion of the prison governor. In the case of Category A prisoners they may not get enough time to write a letter or make a phone call because they are not given advance notice of transfer. In such cases the prisoner can leave the details about the people whom the prisoner wants to inform about the transfer. The prison authorities are bound to inform those people.
Comments on this entry are closed.