Defendants confined in federal institutions
Sec. 5. Securing Attendance of Defendant Confined in Federal
Institutions. (1) A defendant against whom a criminal action is
pending in a court of record of this state, and who is confined in a
federal prison or other institution either within or outside this state,
may, with the consent of the attorney general of the United States, be
produced in such court for the purpose of criminal prosecution,
pursuant to the provisions of:
(a) Section four thousand eighty-five of title eighteen of the
United States Code as in effect on July 26, 1973; or
(b) subsection 2 of this section.
(2) When such a defendant is in federal custody as specified in
subsection 1, a court in which the criminal action against such
defendant is pending, may, upon application of the prosecuting
attorney of such county, issue a certificate, known as a writ of habeas
corpus ad prosequendum, addressed to the attorney general of the
United States, certifying that such defendant has been charged by
indictment or information filed against him in the specified court
with the offense or offenses alleged therein, and that attendance of
the defendant in such court for the purpose of criminal prosecution
thereon is necessary in the interest of justice and requesting the
attorney general of the United States to cause such defendant to be
produced in such court, under custody of a federal public servant,
upon a designated date and for a period of time necessary to
complete the prosecution. Upon issuing such a certificate, the court
may deliver it, or cause or authorize it to be delivered, together with
a certified copy of the indictment or information upon which it is
based, to the attorney general of the United States or to his
representative authorized to entertain the request.
As added by Acts 1981, P.L.298, SEC.2.
Last modified: May 24, 2006