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Minnesota Legislature

Office of the Revisor of 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.
History: (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