Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 74-H.F.No. 831 
           An act relating to crimes; prescribing the powers of 
          the governor and the commissioner of corrections with 
          respect to extradition under treaty; amending 
          Minnesota Statutes 1984, section 243.515. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, 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 may, on behalf of the state and 
subject to the terms of the appropriate treaty, authorize the 
commissioner of corrections to:  (a) consent to the transfer or 
exchange of offenders, and, (b) deliver any inmate of a state 
correctional facility for whom an extradition demand has been 
made pursuant to this subdivision 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. 
    Approved May 6, 1985