243.05 COMMISSIONER OF CORRECTIONS; POWERS, LIMITATIONS.
Subdivision 1. Conditional release.
(a) The commissioner of corrections may parole any
person sentenced to confinement in any state correctional facility for adults under the control of
the commissioner of corrections, provided that:
(1) no inmate serving a life sentence for committing murder before May 1, 1980, other than
murder committed in violation of clause (1) of section
who has not been previously
convicted of a felony shall be paroled without having served 20 years, less the diminution that
would have been allowed for good conduct had the sentence been for 20 years;
(2) no inmate serving a life sentence for committing murder before May 1, 1980, who has
been previously convicted of a felony or though not previously convicted of a felony is serving a
life sentence for murder in the first degree committed in violation of clause (1) of section
shall be paroled without having served 25 years, less the diminution which would have been
allowed for good conduct had the sentence been for 25 years;
(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole had
the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect only
and applies only with respect to persons committing offenses after the effective date of the new
rule or policy or change.
(b) Upon being paroled and released, an inmate is and remains in the legal custody and under
the control of the commissioner, subject at any time to be returned to a facility of the Department
of Corrections established by law for the confinement or treatment of convicted persons and the
parole rescinded by the commissioner.
(c) The written order of the commissioner of corrections, is sufficient authority for any peace
officer, state correctional investigator, or state parole and probation agent to retake and place in
actual custody any person on parole or supervised release. In addition, when it appears necessary
in order to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without order of warrant, take and detain a parolee or person on
supervised release or work release and bring the person to the commissioner for action.
(d) The written order of the commissioner of corrections is sufficient authority for any peace
officer, state correctional investigator, or state parole and probation agent to retake and place in
actual custody any person on probation under the supervision of the commissioner pursuant to
. Additionally, when it appears necessary in order to prevent escape or enforce
discipline, any state parole and probation agent or state correctional investigator may, without
an order, retake and detain a probationer and bring the probationer before the court for further
proceedings under section
(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain any
person on pretrial release who absconds from pretrial release or fails to abide by the conditions of
(f) Persons conditionally released, and those on probation under the supervision of the
commissioner of corrections pursuant to section
may be placed within or outside the
boundaries of the state at the discretion of the commissioner of corrections or the court, and the
limits fixed for these persons may be enlarged or reduced according to their conduct.
(g) Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument from any
attorney or other person not connected with an adult correctional facility of the Department of
Corrections in favor of or against the parole or release of any inmates. The commissioner may
institute inquiries by correspondence, taking testimony, or otherwise, as to the previous history,
physical or mental condition, and character of the inmate and, to that end, has the authority to
require the attendance of the chief executive officer of any state adult correctional facility and
the production of the records of these facilities, and to compel the attendance of witnesses. The
commissioner is authorized to administer oaths to witnesses for these purposes.
(h) Unless the district court directs otherwise, state parole and probation agents may
require a person who is under the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation imposed by the court. Community
work service may be imposed for the purpose of protecting the public, to aid the offender's
rehabilitation, or both. Agents may impose up to eight hours of community work service for
each violation and up to a total of 24 hours per offender per 12-month period, beginning with
the date on which community work service is first imposed. The commissioner may authorize
an additional 40 hours of community work services, for a total of 64 hours per offender per
12-month period, beginning with the date on which community work service is first imposed.
At the time community work service is imposed, parole and probation agents are required to
provide written notice to the offender that states:
(1) the condition of probation that has been violated;
(2) the number of hours of community work service imposed for the violation; and
(3) the total number of hours of community work service imposed to date in the 12-month
An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written notice
that community work service is being imposed. If the offender challenges the imposition of
community work service, the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is reasonable under the circumstances.
Community work service includes sentencing to service.
Subd. 1a. Detention of felons who flee pending sentencing.
The commissioner of
corrections shall assist law enforcement agencies in locating and taking into custody any person
who has been convicted of a felony for which a prison sentence is presumed under the Sentencing
Guidelines and applicable statutes, and who absconds pending sentencing in violation of the
conditions of release imposed by the court under rule
of the Rules of Criminal Procedure.
The written order of the commissioner of corrections is sufficient authority for any state parole
and probation agent to take the person into custody without a warrant and to take the person
before the court without further delay.
Subd. 1b. Victim's rights.
(a) This subdivision applies to parole decisions relating to inmates
convicted of first degree murder who are described in subdivision 1, clauses (a) and (b). As used
in this subdivision, "victim" means the murder victim's surviving spouse or next of kin.
(b) The commissioner shall make reasonable efforts to notify the victim, in advance, of the
time and place of the inmate's parole review hearing. The victim has a right to submit an oral
or written statement at the review hearing. The statement may summarize the harm suffered
by the victim as a result of the crime and give the victim's recommendation on whether the
inmate should be paroled at that time. The commissioner must consider the victim's statement
when making the parole decision.
Subd. 2. Rules.
The commissioner of corrections may adopt rules in accordance with chapter
14, the Administrative Procedure Act, governing the procedures for granting of conditional
release and final discharge. The rules may provide for the conduct and employment of persons
conditionally released, and other matters necessary to implement the duties conferred by law upon
the commissioner with respect to conditional release and discharge of persons. For purposes of this
subdivision, "conditional release" means a person on parole, work release, or supervised release.
Subd. 3. Duty of commissioner; final discharge.
It is the duty of the commissioner of
corrections to keep in communication, as far as possible, with all persons who are on parole
and with their employers. The commissioner may grant a person on parole a final discharge
from any sentence when:
(a) the person on parole has complied with the conditions of parole for a period of time
sufficient to satisfy the commissioner that the parolee is reliable and trustworthy;
(b) the commissioner is satisfied the person on parole will remain at liberty without violating
the law; and
(c) final discharge is not incompatible with the welfare of society.
Upon the granting of a final discharge, the commissioner shall issue a certificate of final
discharge to the person discharged and also cause a record of the acts of the inmate to be made.
The record shall show the date of the inmate's confinement, the inmate's record while in prison,
the date of parole, the inmate's record while on parole, reasons underlying the decision for final
discharge, and other facts which the commissioner regards as appropriate. Nothing in this section
shall be construed as impairing the power of the board of pardons to grant a
pardon or commutation in any case.
Subd. 4. Hearing officers; powers; duties.
To carry out the powers and duties conferred by
this section, the commissioner of corrections may designate from among staff members, one or
more hearing officers and delegate to them any of the powers and duties conferred by this section.
In the exercise of their delegated powers and duties the hearing officers shall be subject to the
rules prescribed by the commissioner of corrections.
Subd. 5. Deputization of out-of-state agents.
The commissioner of corrections may
deputize any person regularly employed by another state to act as an officer and agent of this state
in effecting the return of any person who has violated the terms and conditions of parole or
probation as granted by this state. In any matter relating to the return of that person, any agent so
deputized has all the powers of a police officer of this state. Any deputization pursuant to this
subdivision shall be in writing and carried by the agent as formal evidence of deputization and
must be produced upon demand. Subject to the approval of the commissioner of finance, the
commissioner of corrections may enter into contracts with similar officials of any other state for
the purpose of sharing an equitable portion of the cost of effecting the return of any person who
has violated the terms and conditions of release or probation as granted by this state.
Subd. 6. Supervision by commissioner of corrections; agents.
(a) The commissioner of
corrections, as far as possible, shall exercise supervision over persons released on parole or
probation pursuant to this section and section
(b) The commissioner of corrections shall exercise supervision over probationers as provided
, and over persons conditionally released pursuant to section
(c) For the purposes of clauses (a) and (b), and sections
, the commissioner shall appoint state agents who shall be in the classified service of the state
civil service. The commissioner may also appoint suitable persons in any part of the state or enter
into agreements with individuals and public or private agencies, for the same purposes, and
pay the costs incurred under the agreements. Each agent or person shall perform the duties the
commissioner may prescribe in behalf of or in the supervision of those persons described in
clause (b). In addition, each agent or person shall act under the orders of the commissioner in the
supervision of those persons conditionally released as provided in clause (a). Agents shall provide
assistance to conditionally released persons in obtaining employment, and shall conduct relevant
investigations and studies of persons under supervision upon the request of the commissioner.
Regional supervisors may also supervise state parole agents as directed by the commissioner of
corrections. This duty shall not interfere with the supervisor's responsibility under the County
Probation Act, Laws 1959, chapter 698.
History: (10770) 1911 c 298 s 6; 1931 c 161 s 4; 1935 c 110 s 2; 1951 c 682 s 1; 1955 c
261 s 1; 1959 c 263 s 3; 1959 c 590 s 1; 1963 c 753 art 2 s 2; 1967 c 398 s 4; 1967 c 426 s 2;
1971 c 59 s 1; 1971 c 204 s 1; 1973 c 654 s 15; 1975 c 271 s 6; 1979 c 102 s 13; 1980 c 417
s 9; 1981 c 192 s 12; 1983 c 274 s 4; 1986 c 444; 1989 c 290 art 2 s 2; 1994 c 636 art 6 s
6-8; 1998 c 367 art 7 s 1; 2001 c 210 s 12