77-28b-3.    Eligibility criteria for international transfer.      An offender must meet the following criteria before he may be considered for aninternational transfer:
      (1)  the offender is a citizen of the receiving country;
      (2)  the offender consents to transfer to his country of citizenship;
      (3)  the offense committed by the offender constitutes a criminal offense under the laws ofthe receiving state;
      (4)  the offender does not have fewer than 12 months remaining on his sentence at the timeof the application for transfer;
      (5)  the offender is not under a sentence of death;
      (6)  the offender does not have collateral attacks or appeals on either the sentence orconviction pending;
      (7)  all other provisions of the imposed sentence such as fines, restitution, and penaltiesare paid in full;
      (8)  there are no detainers, wanted notices based on criminal convictions, indictments,informations, complaints, or parole or probation violation allegations pending against theoffender; and
      (9)  the offender meets all of the eligibility requirements of the treaty with his country.
Enacted by Chapter 324, 1990 General Session