treaty
Being convicted in one jurisdiction and serving the sentence in another
<p>After William Boychuk, a Canadian, was convicted of murder in North Carolina, he was allowed to serve his life sentence in Canada.</p>
<p>Now the New Zealand mosque terrorist has been sentenced to life without parole (an unprecedented sentence according to the article linked below) and New Zealand's foreign minister Winston Peters says he wants him to serve his sentence in Australia since that's where he's from. The Australian prime minister Scott Morrison said that would not be a normal practice, and NZ prime minister Jacinda Ardern said &quot;[T]here isn't a legal basis for it. It would be a very complex undertaking.&quot;</p>
<p>How widespread is such a practice? Is this a unique treaty between the U.S. and Canada, or something done everywhere except that it's unheard of in Australia and New Zealand, or something between those extremes?</p>
<p><a href="https://www.tvnz.co.nz/content/tvnz/onenews/story/2020/08/27/peters.html?fbclid=IwAR0aV7y1rNit1S5qv0w92EyL1H7P6H3eiaGWiiaAMzbnJBBh6rNA-dUPIJo" rel="nofollow noreferrer">https://www.tvnz.co.nz/content/tvnz/onenews/story/2020/08/27/peters.html?fbclid=IwAR0aV7y1rNit1S5qv0w92EyL1H7P6H3eiaGWiiaAMzbnJBBh6rNA-dUPIJo</a></p>

<p>It is possible in principle, in the US, under the Bureau of Prison <a href="https://www.bop.gov/inmates/custody_and_care/treaty_transfers.jsp" rel="nofollow noreferrer">Treaty Transfer program</a>, so that one could serve your time in Australia for example -- but not New Zealand, which isn't part of a bilateral or multilateral treaty with the US: <a href="https://www.justice.gov/criminal-oia/list-participating-countriesgovernments" rel="nofollow noreferrer">here is the list</a>.
Canada and Australia are on the list via the <a href="https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/112/signatures?p_auth=SI1NtTIS" rel="nofollow noreferrer">Convention on the Transfer of Sentenced Persons</a>. New Zealand is (by choice) <a href="https://www.stuff.co.nz/national/crime/99536425/new-government-not-budging-on-signing-international-prisoner-transfers-treaty" rel="nofollow noreferrer">not a participant.</a></p>

<p>The Council of Europe enacted the <a href="https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680079529" rel="nofollow noreferrer">Convention on the Transfer of Sentenced Persons</a> in 1983, which allows prisoners in signatory countries to request a transfer to their home country.  Currently there are 47 European <a href="https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/112/signatures?p_auth=qhANNXdk" rel="nofollow noreferrer">signatory countries</a>, and interestingly enough 24 non-European signatory countries, including both the US and Canada.</p>
