If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the state and subject to the terms of the treaty, authorize the executive director of the department of corrections to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this state in the treaty. Such transfer will not occur until the convicted offender is informed in his native language of his rights and of the procedures being followed.
Source: L. 83: Entire part added, p. 1002, § 1, effective June 3.
ANNOTATION
The executive director of the department of corrections has a clear duty to perform the final review and determination of all transfer applications made pursuant to this section. Gandy v. Raemisch, 2017 COA 110, 405 P.3d 480.
Section 24-1-107 allows heads of principal departments, with the approval of the governor, to allocate and reallocate powers, duties, and functions to divisions, sections, and units under the principal department, but no substantive function vested by law in any officer, department, institution, or other agency can be removed from the jurisdiction of the officer, department, institution, or other agency. A delegation of authority by the executive director that retains the final review and determination of transfer applications within the department does not remove that substantive function from the executive director's jurisdiction or oversight as the head of the department. Gandy v. Raemisch, 2017 COA 110, 405 P.3d 480.
Court erred when it dismissed a claim for mandamus relief where the executive director of the department failed to perform his duty pursuant to this section to perform the final review and determination of an offender's application for transfer to the penal system of the country of which the offender is a citizen. Gandy v. Raemisch, 2017 COA 110, 405 P.3d 480.