2005 Minnesota Statutes - 243.515 — Transfer under treaty; extradition under treaty.

     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 section 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. 


    HIST: 1981 c 238 s 1; 1985 c 74 s 1