Bill Text: MN HF810 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Governor and commissioner of corrections required to send foreign inmates back to their own country.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-03-03 - Introduction and first reading, referred to Public Safety and Crime Prevention Policy and Finance [HF810 Detail]
Download: Minnesota-2011-HF810-Introduced.html
1.2relating to public safety; requiring the governor and commissioner of corrections
1.3to send foreign inmates back to their own country;amending Minnesota Statutes
1.42010, section 243.515.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 243.515, is amended to read:
1.7243.515 TRANSFER UNDER TREATY; EXTRADITION UNDER TREATY.
1.8Whenever a treaty is in force between the United States and a foreign country
1.9providing for the transfer or exchange of convicted offenders to the country of which they
1.10are citizens or nationals, and for the extradition of persons residing in the territory of the
1.11United States who have been charged with or convicted of crime committed within the
1.12territory of that foreign country, the governormay shall, on behalf of the state and subject
1.13to the terms of the appropriate treaty,authorize require the commissioner of corrections
1.14to: (1) consent to the transfer or exchange of offenders who have served at least half of
1.15their executed sentence; and (2) deliver any inmate of a state correctional facility for
1.16whom an extradition demand has been made pursuant to this section to the custody of
1.17the appropriate officials of the United States for surrender to the proper officials of that
1.18foreign country. The commissioner of corrections shall take any other action necessary
1.19to implement the participation of this state in the treaty.
1.20The extradition of any convicted offender from the custody of the commissioner of
1.21corrections shall not diminish the effect of any sentence pursuant to which the offender
1.22was committed to the custody of the commissioner of corrections. The sentence shall
1.23continue to run during the time that the offender is in the custody of the appropriate
1.24officials of the United States or the foreign country to which extradited. The offender shall
2.1not be subject to return to the territory of the United States and to the custody of the
2.2commissioner of corrections pursuant to this section unless there remains an unserved
2.3portion of the Minnesota sentence.
2.4EFFECTIVE DATE.This section is effective July 1, 2011.
1.3to send foreign inmates back to their own country;amending Minnesota Statutes
1.42010, section 243.515.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 243.515, is amended to read:
1.7243.515 TRANSFER UNDER TREATY; EXTRADITION UNDER TREATY.
1.8Whenever a treaty is in force between the United States and a foreign country
1.9providing for the transfer or exchange of convicted offenders to the country of which they
1.10are citizens or nationals, and for the extradition of persons residing in the territory of the
1.11United States who have been charged with or convicted of crime committed within the
1.12territory of that foreign country, the governor
1.13to the terms of the appropriate treaty,
1.14to: (1) consent to the transfer or exchange of offenders who have served at least half of
1.15their executed sentence; and (2) deliver any inmate of a state correctional facility for
1.16whom an extradition demand has been made pursuant to this section to the custody of
1.17the appropriate officials of the United States for surrender to the proper officials of that
1.18foreign country. The commissioner of corrections shall take any other action necessary
1.19to implement the participation of this state in the treaty.
1.20The extradition of any convicted offender from the custody of the commissioner of
1.21corrections shall not diminish the effect of any sentence pursuant to which the offender
1.22was committed to the custody of the commissioner of corrections. The sentence shall
1.23continue to run during the time that the offender is in the custody of the appropriate
1.24officials of the United States or the foreign country to which extradited. The offender shall
2.1not be subject to return to the territory of the United States and to the custody of the
2.2commissioner of corrections pursuant to this section unless there remains an unserved
2.3portion of the Minnesota sentence.
2.4EFFECTIVE DATE.This section is effective July 1, 2011.
