How to Get An Inmate Transferred
When an inmate is incarcerated, it is not a matter of randomly placing them in a certain facility dependent on the judge’s whims! There is a whole lot involved. When an inmate is first placed with the department of corrections or the federal bureau of prisons, there is a process referred to as classification, they go through first.
Numerous factors are taken into account before an inmate is incarcerated at a certain facility, including the jurisdiction, nature of the crime, length of the sentence, custody level, inmate’s temperament, and mental health conditions. Court order regarding the inmates’ treatment or work programs may also influence the place an inmate is incarcerated.
However, an inmate may be incarcerated at a place they do not want or where their friends and loved ones don’t like. Can they be transferred to another facility of their choice? This article will answer just that by looking at the possibility of an inmate’s transfer, and whether they influence the destination of incarceration.
Why Do Inmates Get Transferred?
There are various reasons why an inmate may be transferred from one prison to another, each based on a general reason or case-by-case reason. However, all these reasons must adhere to the security of the inmates and staff.
So which are some of the reasons that can result in a transfer of an inmate?
1. Their security category has changed
There are various categories for inmates dependent on the level of risk an inmate may pose to the general population and national security.
The more the inmate proves he is less of a risk, the lower their custody level goes, meaning that they may request a transfer from a maximum to a minimum-security facility at a certain point.
This has to go through a verification process to ensure that the inmate is not taking advantage of the system to access a less secure facility for escape.
2. If they have a little time left on their sentence
Here inmates can ask for a transfer to a facility closer to their home, where they can serve the remainder of their term.
3. If there is a mandatory sentence plan
At times, the facility where an inmate is incarcerated may lack some features required on the inmate’s sentence. This may be a work program plan or a medical program; the inmate may be transferred to a facility with the required plans.
4. Behavior
As said, inmates are categorized in a certain way, dependent on the risk they pose. This means that an inmate who was incarcerated in a minimum risk facility may get transferred to a maximum facility if their behavior and temperament worsen.
5. Security Reasons
Inmates may be transferred to a new facility based on security reasons, maybe a risk to their lives. This is especially normal with gangs and drug dealers, where certain people may be in danger of being housed within the same facility.
6. Visitation
At times, the main visitor listed on the inmate’s visitor list may become too sick to attend the facility’s visits. The inmate may request a transfer to allow them to be closer to their friend or loved one.
Inmate Transfer Information
Can the Prisoner Be Transferred to a Prison of Their Choice?
Prisoners cannot choose where to be incarcerated as that is the judge’s choice, dependent on the inmate’s classification. The choice for transfer is also not made by the inmate.
However, an inmate can write a request letter asking for a transfer, but it will not be up to him when it comes to where he will be transferred.
The inmate will first write a request to their caseworker, who, in turn, forwards it to the classification committee. The committees will then contact the inmate about the request and make their recommendation to the warden. The warden will either approve or reject the request.
An inmate has the right to appeal the warden’s decision and enlist certain organizations like the ACLU.
Can Family Members Request for an Inmate Transfer
No! Family members cannot request the inmate to be transferred to a new facility, but they can write support letters for getting a prisoner moved closer to home. This will especially be effective if the inmate is requesting for a transfer close to home.
How Long Does an Inmate Transfer Take?
Prison life is slow, and I do not only mean life inside the prison walls, but even processes that are supposed to take a maximum of a few days may also take weeks. The request process may take some time to go through and get a response.
If the request is approved, the process may take anything between hours to weeks. Things like space availability and transportation arrangements may delay the process a bit.
A transfer may happen without first informing the family, but the inmate will have a phone call and the chance to communicate with them once settled in the new facility.
Can Inmates take Legal Action?
It is quite hard to use legal action to force a transfer; however, they can go for a judicial review where the high court will decide whether the prison service has been unlawful in dealing with the inmate. They will have to show that there were important circumstances overlooked on their request.
How Do You Find an Inmate After They Have Been Transferred?
There is a couple of websites you can log on to and search for the inmate. There are federal and state search databases for inmates where you can also search for them. Conversely, you can also choose to call different facilities and enquire directly if the inmate is located there.
Conclusion: How to Get An Inmate Transferred
There are a couple of ways that an inmate can get transferred from one facility to another. However, it is not an easy thing to do and will undergo a process. However, having the right information can help the inmate know just how to approach the transfer request. It is important to note that the better the inmate behaves, the better their chances of transferring to a minimum-security facility.