580.30 - Securing attendance of defendants confined in federal prisons.

§ 580.30  Securing attendance of defendants confined in federal prisons.    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  custody either within or outside the 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; or    (b)  Subdivision two of this section.    2.    When  such  a  defendant  is  in federal custody as specified in  subdivision one, a superior court, at a term held in the county in which  the criminal action against him is pending, may, upon application of the  district 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  the  particular accusatory instrument 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 accusatory instrument upon which it is  based,  to  the  attorney  general  of  the  United  States  or to his representative authorized to  entertain the request.