Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

243.51 UNITED STATES PRISONERS; PRISONERS FROM OTHER STATES.
    Subdivision 1. Contracting with other states and federal government. The commissioner
of corrections is hereby authorized to contract with agencies and bureaus of the United States and
with the proper officials of other states or a county of this state for the custody, care, subsistence,
education, treatment and training of persons convicted of criminal offenses constituting felonies in
the courts of this state, the United States, or other states of the United States. Such contracts shall
provide for reimbursing the state of Minnesota for all costs or other expenses involved, and, to the
extent possible, require payment to the Department of Corrections of a per diem amount that is
substantially equal to or greater than the per diem for the cost of housing Minnesota inmates at
the same facility. This per diem cost shall be based on the assumption that the facility is at or
near capacity. Any prisoner transferred to the state of Minnesota pursuant to this subdivision shall
be subject to the terms and conditions of the prisoner's original sentence as if the prisoner were
serving the same within the confines of the state in which the conviction and sentence was had
or in the custody of the United States. Nothing herein shall deprive such inmate of the right to
parole or the rights to legal process in the courts of this state.
    Subd. 2. Transfer of inmates to federal government. The commissioner of corrections
may transfer to the custody of the United States attorney general any inmate of a Minnesota
correctional facility whose presence is seriously detrimental to the internal discipline and
well-being of the facility, or whose personal safety cannot be reasonably secured therein or in
any other state facility, provided the attorney general of the United States accept such transfer.
Such transfer shall be accomplished in the manner prescribed by United States Code, title 18,
section 5003, and acts amendatory thereof, and the commissioner of corrections may execute
such contracts as therein provided. The reimbursement of the federal government for all costs and
expenses incurred for the care, custody, subsistence, education, treatment, and training of such
transferee shall be paid from the appropriation for the operation of the Minnesota correctional
facility from which the inmate was transferred.
The chief executive officer of the transferring facility shall attach to such contract a duly
certified copy of the warrant of commitment under which such inmate is held, together with
copies of such other commitment papers as are required by section 243.49, and such other data
relating to the character and condition of such inmates as the officer may deem necessary or
may be required by the federal prison authorities. Such copy of the warrant of commitment and
accompanying papers shall constitute sufficient authority for the United States to hold such
inmate on behalf of the state of Minnesota.
Any inmate so transferred under this subdivision shall be subject to the terms and conditions
of the inmate's original sentence as if the inmate were serving the same within the confines of the
facility from which transferred. Nothing herein contained shall deprive such inmate of the right to
parole or the rights to legal process in the courts of this state.
    Subd. 3. Temporary detention. The commissioner of corrections is authorized to contract
with agencies and bureaus of the United States and with the appropriate officials of any other
state or county of this state for the temporary detention of any person in custody pursuant to any
process issued under the authority of the United States, other states of the United States, or the
district courts of this state. The contract shall provide for reimbursement to the state of Minnesota
for all costs and expenses involved, and, to the extent possible, require payment to the Department
of Corrections of a per diem amount that is substantially equal to or greater than the per diem for
the cost of housing Minnesota inmates at the same facility. This per diem cost shall be based on
the assumption that the facility is at or near capacity.
    Subd. 4.[Repealed, 1998 c 367 art 9 s 24]
    Subd. 5. Special revenue fund. Money received under contracts authorized in subdivisions
1 and 3 shall be deposited in the state treasury in an inmate housing account in the special revenue
fund. The money deposited in this account may be expended only as provided by law. The
purpose of this fund is for correctional purposes, including housing inmates under this section,
and capital improvements.
History: (10799) RL s 5437; 1967 c 398 s 4; 1967 c 399 s 1; 1979 c 102 s 13; 1Sp1982 c 2 s
1; 1983 c 274 s 5; 1986 c 444; 1995 c 226 art 1 s 19,20; 1997 c 239 art 9 s 20-22; 1998 c 367 art
9 s 13-15; 2001 c 210 s 13; 1Sp2001 c 9 art 18 s 13,14; 2002 c 379 art 1 s 113