[GA, passed] - Civilian Prisoner Transfers

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Cookiemonster

Cookiemonster

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Civilian Prisoner Transfers
Category: Civil Rights | Strength: Mild
Proposed by: Simone Republic | Onsite Topic​

The World Assembly (WA),

Believing that prisoners' prospects upon release, if they are locked up in a foreign state, may be better off if they return to serve their sentence in their home state instead;

Believing that this may allow prisoners to benefit from matters such as removing cultural barriers, easing contact with family members, social support, and starting post-release activities more quickly,

Desiring a coordinated approach for transferring prisoners between WA states;

The WA hereby enacts as follows:
  1. Definitions.
    • "Civilian offence" means an offence not related to:
      • national security, or
      • service in a military, government, or diplomatic capacity, or
      • piracy.
    • "Custodial sentence" means, for convenience, all of the following:
      • confinement at a correctional facility; or
      • release to half-way houses or day releases; or
      • parole.
    • "Home state" means the WA state for which a prisoner is a citizen of at the time a request for a transfer is made, and the destination preferred by the prisoner.
    • "Host" means the WA state where the prisoner is held.
    • "Prisoner" means anyone who is:
      • duly convicted of a civilian offence; and
      • has exhausted or has voluntarily forfeited all avenues of appeal; and
      • sentenced to a minimum custodial sentence of sufficient length to warrant a transfer, in the views of the WA states (and WA organs) involved.
    • "WA organs" means all sub-divisions of the WA.
  2. Transfers.So long as a host imposes custodial sentences for civilian offences:
    • A prisoner may, at any time after starting their sentence, requests the host to permit the prisoner to transfer ("transfer") from the host to the home state to serve their sentence (or any remainder thereof).
    • A host must promptly consider such a request, and if granted, contact the home state, which must also promptly consider such a request, and if granted, promptly arrange for the transfer to take place.
    • A prisoner transferred to a home state is still required to serve their sentence according to the laws of the host, and subject solely to the pardon or parole laws of the host.
    • A prisoner's transfer must be voluntary, and a prisoner may not be coerced by anyone to accept or decline a transfer.
    • If a prisoner is also wanted for extradition to another WA state ("third state") for trial or for confinement, the host retains exclusive jurisdiction, over the extradition process (or whether the extradition takes place) after the prisoner is transferred.
  3. Rejections and appeals.
    • A home state may not reject a transfer request, unless it reasonably believes it is incapable of fulfilling such a request, such as a lack of prison space or differing levels of technological development.
    • A host may not reject a transfer request, unless it reasonably believes that:
      • The home state does not offer comparable rights and welfare for those in custodial sentences compared to the host, or
      • The home state may mistreat the prisoner, or
      • The home state does not have adequate facilities to confine the prisoner.
    • Appeals on the rejections in clauses (3a) and (3b) are to the state that made the said rejections, subject to due process.
    • A prisoner who is rejected for any reason may re-apply if there is a significant change in circumstances.
  4. Assistance and fees.
    • WA organs shall render such assistance as the home state deems necessary to transfer the said prisoner, such as helping to transit the prisoner through a warzone.
    • The transfer is free of charge to the prisoner. The prisoner is not liable for food, lodgings and travel costs.
    • If assistance from WA organs is required, it shall be paid for by the WA General Fund.
    • If a prisoner is a citizen of more than one WA state, the citizen may request for transfer to any one of the WA states for which that prisoner is a citizen (and that WA state receiving the request is deemed the home state).
  5. Clarifications.Subject to extant resolutions:
    • A home state may not strip a prisoner of citizenship merely for applying for a transfer.
    • The host must provide the full criminal records of the prisoner in the host to the home state if a prisoner is transferred.
    • This resolution does not apply if:
      • the prisoner is convicted of an offence that is a crime in the host but not the home state;
      • if the home state and the host are in a formally declared state of war;
      • the prisoner is subject to quarantine.
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Note: Only votes from TNP WA nations, NPA personnel, and those on NPA deployments will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote. If you are on an NPA deployment without being formally registered as an NPA member, name your deployed nation in your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

ForAgainstAbstainPresent
11000
 
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Overview

The proposal seeks to enable prisoners to choose to move from one member state to their home state for serving their sentence, intending to enhance their reintegration. The proposal details the steps for requesting transfers, conditions for rejection, appeal processes, and support from WA organs. It highlights the importance of voluntary transfers, ensures prisoner rights, and specifies that the process is free for prisoners, with associated costs covered by the WA General Fund if assistance is required. Clarifications address citizenship, the sharing of criminal records, and exceptions for certain offenses or wartime situations.

Recommendation

The resolution establishes a clear and fair system for prisoners to voluntarily move between member states, prioritizing their rights and choices while providing financial support for accessibility.

For these reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly resolution at vote, "Civilian Prisoner Transfers".
 
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Cookiemonster:
Had enough feedback in the General Assembly forum (+30 days) before submitted; For
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Personally, I am putting that closer to 45 days now for my own stuff. I mean, IA is still submitting stuff from 2020...

For as author. Instead of talking about transferring prisoners of war, we are talking about transferring prisoners (say person A) that are locked up in one country (say Country A, the "host" in the resolution) for an offence but who is originally from another country (Country B, the "home state" in the resolution) and wants to transfer to serve the remainder of Person A's sentence in Country B.

That should have some advantages, such as allowing Person A to potentially receive more visits from his friends and relatives, and for Person A to find a job locally or to go to a half-way house locally once that person is released. This is not a topic that has been previously discussed within the General Assembly.
 
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The General Assembly resolution Civilian prisoner Transfers was passed 6,862 votes to 5,356, and implemented in all WA member nations.

Yes the second P was a small P because you have to remember to type it as capitals when you enter it in a resolution, although the formatting is a capital P on the site itself gameside.

And this is the 24th GA resolution for that dude wearing the bear suit, who really should know better.
 
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