Randolph J. Hartnett
Associate General Counsel
Policy and Legal Services
Minnesota Department of Corrections
1450 Energy Park Drive, Suite 200
St. Paul, MN 55108-5219
|PH: (651) 361-7178
FX: (651) 603-6770
243.515. Minnesota Statutes 2000, 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:
- consent to the transfer or exchange of the offenders, and
- 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 the 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 commisssioner of corrections. The sentence shall continue to run during the time that the offender is in the custody of the appropriate officials or 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.
HIST: 1981 c 238 § 1; 1985 c 74 § 1