Greetings Ramrooster,
It depends on why the woman was incarcerated in the first place.
Please examine this from the U.S. Code, TITLE 22 > CHAPTER 38 > § 2714.
Denial of passports to certain convicted drug traffickers...
(a) Ineligibility for passport
(1) In general
A passport may not be issued to an individual who is convicted of an
offense described in subsection (b) of this section during the period
described in subsection (c) of this section if the individual used a
passport or otherwise crossed an international border in committing
the offense.
(2) Passport revocation
The Secretary of State shall revoke a passport previously issued to an
individual who is ineligible to receive a passport under paragraph
(1).
(b) Drug law offenses
(1) Felonies
Subsection (a) of this section applies with respect to any individual
convicted of a Federal drug offense, or a State drug offense, if the
offense is a felony.
(2) Certain misdemeanors
Subsection (a) of this section also applies with respect to an
individual convicted of a Federal drug offense, or a State drug
offense, if the offense is [1] misdemeanor, but only if the Secretary
of State determines that subsection (a) of this section should apply
with respect to that individual on account of that offense. This
paragraph does not apply to an individual?s first conviction for a
misdemeanor which involves only possession of a controlled substance.
(c) Period of ineligibility
Subsection (a) of this section applies during the period that the individual?
(1) is imprisoned, or is legally required to be imprisoned, as the
result of the conviction for the offense described in subsection (b)
of this section; or
(2) is on parole or other supervised release after having been
imprisoned as the result of that conviction.
(d) Emergency and humanitarian exceptions
Notwithstanding subsection (a) of this section, the Secretary of State
may issue a passport, in emergency circumstances or for humanitarian
reasons, to an individual with respect to whom that subsection
applies.
(e) Definitions
As used in this section?
(1) the term ?controlled substance? has the same meaning as is
provided in section 102 of the Controlled Substances Act (21 U.S.C.
802);
(2) the term ?Federal drug offense? means a violation of?
(A) the Controlled Substances Act (21 U.S.C. 801 et seq.) or the
Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.);
(B) any other Federal law involving controlled substances; or
(C) subchapter II of chapter 53 of title 31 (commonly referred to as
the ?Bank Secrecy Act?), or section 1956 or section 1957 of title 18
(commonly referred to as the ?Money Laundering Act?), if the Secretary
of State determines that the violation is related to illicit
production of or trafficking in a controlled substance;
(3) the term ?felony? means a criminal offense punishable by death or
imprisonment for more than one year;
(4) the term ?imprisoned? means an individual is confined in or
otherwise restricted to a jail-type institution, a half-way house, a
treatment facility, or another institution, on a full or part-time
basis, pursuant to the sentence imposed as the result of a conviction;
(5) the term ?misdemeanor? means a criminal offense other than a felony;
(6) the term ?State drug offense? means a violation of State law
involving the manufacture, distribution, or possession of a controlled
substance; and
(7) the term ?State law? means the law of a State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, or a territory or
possession of the United States.
Hope this helps.
Best regards,
journalist-ga |
