2002 Minnesota Statutes

     629.291 Transfer of inmates of correctional facilities 
  to federal district court for trial for violations of federal 
  criminal laws. 

    Subdivision 1.    Petition for transfer.  The attorney 
 general of the United States, or any of the attorney general's 
 assistants, or the United States attorney for the district of 
 Minnesota, or any of the United States attorney's assistants, 
 may file a petition with the governor requesting the state of 
 Minnesota to consent to transfer an inmate, serving a sentence 
 in a Minnesota correctional facility for violation of a 
 Minnesota criminal law, to the United States district court for 
 the purpose of being tried for violation of a federal criminal 
 law.  In order for a petition to be filed under this section, 
 the inmate must at the time of the filing of the petition be 
 under indictment in the United States district court for 
 Minnesota for violation of a federal criminal law.  The petition 
 must name the inmate for whom transfer is requested and the 
 Minnesota correctional facility in which the inmate is 
 imprisoned.  The petition must be verified and have a certified 
 copy of the federal indictment attached to it.  The petitioner 
 must agree in the petition to pay all expenses incurred by the 
 state in transferring the inmate to the United States court for 
 trial. 

    Subd. 2.    Governor's consent and order.  Upon hearing 
 a petition, the governor may consent to transfer of the inmate 
 on behalf of the state of Minnesota if satisfied as to the 
 identity of the inmate sought to be transferred.  Upon receiving 
 proper process issued by the United States district court 
 stating the time and place where the inmate will be tried, the 
 governor may issue an order directing the chief executive 
 officer of the correctional facility in which the inmate is 
 imprisoned to transfer the inmate to the United States district 
 court for the district of Minnesota.  The order must direct the 
 chief executive officer of the facility to retain custody of the 
 inmate during the trial in federal court and, at conclusion of 
 the trial after judgment is pronounced by the United States 
 district court, direct the federal court to return the inmate to 
 the correctional facility from which the inmate was taken.  The 
 order must require that an inmate sentenced for a violation of a 
 federal criminal law after transfer under this section and trial 
 serve the remainder of the sentence imposed for violation of a 
 Minnesota criminal law before being released to the federal 
 authorities. 

    Subd. 3.    Notifying United States marshal.  Before 
 release of an inmate who has been sentenced for a violation of a 
 federal criminal law in United States district court, the chief 
 executive officer of the correctional facility in which the 
 inmate is serving a sentence for violation of a Minnesota 
 criminal law shall notify the United States marshal for the 
 district of Minnesota.  Upon release of the inmate, the chief 
 executive officer shall surrender the inmate to the federal 
 authorities to be dealt with in accordance with the laws of the 
 United States. 

    HIST: (9950-3) 1927 c 141; 1979 c 102 s 13; 1985 c 265 art 10 
 s 1; 1986 c 444; 1993 c 326 art 13 s 36