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HF 810

as introduced - 87th Legislature (2011 - 2012) Posted on 03/03/2011 10:56am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; requiring the governor and commissioner of corrections
to send foreign inmates back to their own country; amending Minnesota Statutes
2010, section 243.515.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 243.515, is amended to read:


243.515 TRANSFER UNDER TREATY; EXTRADITION UNDER TREATY.

Whenever a treaty is in force between the United States and a foreign country
providing for the transfer or exchange of convicted offenders to the country of which they
are citizens or nationals, and for the extradition of persons residing in the territory of the
United States who have been charged with or convicted of crime committed within the
territory of that foreign country, the governor deleted text begin maydeleted text end new text begin shallnew text end , on behalf of the state and subject
to the terms of the appropriate treaty, deleted text begin authorizedeleted text end new text begin requirenew text end the commissioner of corrections
to: (1) consent to the transfer or exchange of offendersnew text begin who have served at least half of
their executed sentence
new text end ; and (2) deliver any inmate of a state correctional facility for
whom an extradition demand has been made pursuant to this section to the custody of
the appropriate officials of the United States for surrender to the proper officials of that
foreign country. The commissioner of corrections shall take any other action necessary
to implement the participation of this state in the treaty.

The extradition of any convicted offender from the custody of the commissioner of
corrections shall not diminish the effect of any sentence pursuant to which the offender
was committed to the custody of the commissioner of corrections. The sentence shall
continue to run during the time that the offender is in the custody of the appropriate
officials of the United States or the foreign country to which extradited. The offender shall
not be subject to return to the territory of the United States and to the custody of the
commissioner of corrections pursuant to this section unless there remains an unserved
portion of the Minnesota sentence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end