Minnesota Statutes Chapter 629 — Extradition, Detainers, Arrest, Bail
Minnesota · statute · Minn. Stat. ch. 629 · 89 active provisions
Provisions
Minn. Stat. § 629.01
Definitions
Where appearing in sections 629.01 to 629.29, the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state. The term "state,"…
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Minn. Stat. § 629.02
Duties of Governor in Extradition Matters
Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the…
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Minn. Stat. § 629.03
Demand in Writing
No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless it alleges in writing, except in cases arising under section 629.06, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that the accused subse…
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Minn. Stat. § 629.04
Attorney General to Investigate
When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the…
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Minn. Stat. § 629.05
Extradition by Agreement
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against that person in another state, the governor of this state may agree with the executive authority of such other state for the extradition…
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Minn. Stat. § 629.06
Extradition of Persons Committing Crime
(a) Except as provided in paragraph (b), the governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 629.03 with committing an act in this state, or in a third state, intentionally resultin…
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Minn. Stat. § 629.07
Warrant of Arrest
In deciding that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom the governor may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessa…
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Minn. Stat. § 629.08
Accused Turned over to Demanding State
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provis…
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Minn. Stat. § 629.09
Powers of Officer
Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
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Minn. Stat. § 629.10
Accused Taken Before Court
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless first taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for surrender and of the c…
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Minn. Stat. § 629.11
Violation; Gross Misdemeanor
Any officer who shall deliver to the agent for extradition of the demanding state a person in custody under the governor's warrant in willful disobedience to section 629.10 is guilty of a gross misdemeanor.
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Minn. Stat. § 629.12
Accused May Be Confined in Jail
The officer or persons executing the governor's warrant of arrest, or the agents of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which they may pass; and the keeper of such jail must receive and safely keep the pris…
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Minn. Stat. § 629.13
Who May Be Apprehended
When any person within this state is charged on the oath of any credible person before any judge of this state with the commission of any crime in any other state other than a crime arising from acts committed in this state or services received in this state involving: (1) any medical, surgical, counseling, or referral…
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Minn. Stat. § 629.14
Arrest without Warrant
The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, except that no person shall be arrested if the…
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Minn. Stat. § 629.15
Court May Commit to Jail
If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 629.06, that the accused has fled from justice, the judge must, by a warrant reciting the accusation, commit the accused to the county jail fo…
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Minn. Stat. § 629.16
Admit to Bail
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as the judge deems proper, condit…
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Minn. Stat. § 629.17
Discharge
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge may discharge the accused or may recommit the accused for a further period not to exceed 60 days. A judge may again take bail for the accused's appearance and surrender, as provided in se…
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Minn. Stat. § 629.18
Bond Forfeited
If the prisoner is admitted to bail, and fails to appear and surrender according to the conditions of the bond, the judge by proper order shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner is within this state. Recovery may be had on the bond in the name of the st…
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Minn. Stat. § 629.19
Prisoner Held or Surrendered
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor either may surrender the person on demand of the executive authority of another state or hold the person until the person has been tried and discharged or convicted and punished in this stat…
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Minn. Stat. § 629.20
Guilt or Innocence Not Inquired Into
The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form, as provided, shall have been presented to the governor, except as it may be involved in ide…
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Minn. Stat. § 629.21
Recall of Warrant
The governor may recall the warrant of arrest or may issue another warrant when the governor deems it proper.
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Minn. Stat. § 629.22
Warrant for Parolees or Probationers
When the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of bail, probation, or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the Supreme Court of the District of Columbi…
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Minn. Stat. § 629.23
Prosecuting Attorney; Written Application
Subdivision 1. Contents. When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor a written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, th…
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Minn. Stat. § 629.24
Civil Process Not to Be Served
A person brought into this state by, or after waiver of, extradition based on a criminal charge, shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which the person is being or has been returned, until the person has been convicted in…
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Minn. Stat. § 629.25
Trial for Other Crimes
After a person has been brought back to this state by or after waiver of extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here, as well as that specified in the requisition for extradition.
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