My husband was incarserated 11 months out of the year and he owes state restatution can the IRS take our fedaral tax return?

Yes... the IRS can take almost anything you have. And probibly will until the debt is satisfied.

The state can approach IRS to take your federal tax return only if it is a joint return.
On the joint return the liabilities are joint. If one spouse owes tax, both spouses are equally responsible. You may file Form 8379 with joint return. The IRS will allocate the refund between you and your spouse. But by filing Form 8379, your refund will be delayed by about 2 months. Your U.S. Tax Return: Filing Status for Married