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Subd. 2.Dispositions.
When a child has been committed to the commissioner of corrections by a juvenile court, upon a finding of delinquency, the commissioner may for the purposes of treatment and rehabilitation:
(1) order the child's confinement to the Minnesota Correctional Facility-Red Wing, which shall accept the child, or to a group foster home under the control of the commissioner of corrections, or to private facilities or facilities established by law or incorporated under the laws of this state that may care for delinquent children;
(2) order the child's release on parole under such supervisions and conditions as the commissioner believes conducive to law-abiding conduct, treatment and rehabilitation;
(3) order reconfinement or renewed parole as often as the commissioner believes to be desirable;
(4) revoke or modify any order, except an order of discharge, as often as the commissioner believes to be desirable;
(5) discharge the child when the commissioner is satisfied that the child has been rehabilitated and that such discharge is consistent with the protection of the public;
(6) if the commissioner finds that the child is eligible for probation or parole and it appears from the commissioner's investigation that conditions in the child's or the guardian's home are not conducive to the child's treatment, rehabilitation, or law-abiding conduct, refer the child, together with the commissioner's findings, to a local social services agency or a licensed child-placing agency for placement in a foster care or, when appropriate, for initiation of child in need of protection or services proceedings as provided in sections 260C.001 to 260C.421. The commissioner of corrections shall reimburse local social services agencies for foster care costs they incur for the child while on probation or parole to the extent that funds for this purpose are made available to the commissioner by the legislature. The juvenile court may order the parents of a child on probation or parole to pay the costs of foster care under section 260B.331, subdivision 1, if the local social services agency has determined that requiring reimbursement is in the child's best interests, according to their ability to pay, and to the extent that the commissioner of corrections has not reimbursed the local social services agency.
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Subd. 3.Retaking absconding and other person.
The written order of the commissioner of corrections is authority to any peace officer or parole or probation officer to take and detain any child committed to the commissioner of corrections by a juvenile court who absconds from field supervision or escapes from confinement, violates furlough conditions, or is released from court while on institution status. Any person of the age of 18 years or older who is taken into custody under the provisions of this subdivision may be detained as provided in section 260B.181, subdivision 4.
Notes of Decisions
Cited in
12
cases, 1971–2004 · leading case:
State v. Simmons, 258 N.W.2d 908 (Minn. 1977).
State v. Simmons, 258 N.W.2d 908 (Minn. 1977).
· cites it 4× “in he had in his possession a firearm or used a dangerous weapon at the time of the offense shall be for a term not less than three years, nor more than the maximum sentence provided by law for the offense for which convicted, and such person shall not be eligible for parole…”
State v. Bluhm, 676 N.W.2d 649 (Minn. 2004).
· cites it 2× “025 is not eligible for probation, parole, discharge, or supervised release until that person has served the full term of imprisonment as provided by law, notwithstanding sections 242.19, 243.05, 609.12, and 609.”
Britton v. Koep, 470 N.W.2d 518 (Minn. 1991).
· cites it 2× “Minn.Stat. § 242.19, subd. 3 (1990). The probation officer has supervisory power over juveniles under Minn.”
State v. Siirila, 193 N.W.2d 467 (Minn. 1971).
· cites it 2× “Under § 242.19 the YCC has many options as to what treatment should be accorded a youthful offender, from probation to incarceration.”
State v. Feinstein, 338 N.W.2d 244 (Minn. 1983).
· cites it 2× “11 at that time set forth the mandatory minimum term and then said that persons sentenced to such a term “shall not be eligible for parole until [they] shall have served the full minimum sentence herein provided, notwithstanding the provisions of sections 242.19, 243.05, 609.12…”
Watts v. State, 305 N.W.2d 860 (Minn. 1981).
“in he had in his possession a firearm or used a dangerous weapon at the time of the offense shall be for a term not less than three years, nor more than the maximum sentence provided by law for the offense for which convicted, and such person shall not be eligible for parole…”
State v. Hill, 287 N.W.2d 918 (Minn. 1979).
“n he had in his possession a firearm or used a dangerous weapon at the time of the offense shall be for a term- not less than three years, nor more than the maximum sentence provided by law for the offense for which convicted, and such person shall not be eligible for parole…”
Welfare of J. E. C. v. State, 225 N.W.2d 245 (Minn. 1975).
“” § 242.19, subd. 2: “When a child has been committed to the commissioner of corrections by a juvenile court, upon a finding of his delinquency, the commissioner may for the purposes of treatment and rehabilitation : (a) order his confinement to the state training school,…”
DeGidio v. State, 200 N.W.2d 898 (Minn. 1972).
· cites it 2× “10, clause (1), or section 242.19, or of any order terminating its control made pursuant to section 242.”
State v. Smith, 270 N.W.2d 122 (Minn. 1978).
“in he had in his possession a firearm or used a dangerous weapon at the time of the offense shall be for a term not less than three years, nor more than the maximum sentence provided by law for the offense for which convicted, and such person shall not be eligible for parole…”
Riley v. State, 294 N.W.2d 709 (Minn. 1980).
· cites it 4× “” The act provided: Unless previously discharged under the provisions of section 242.19, a person who has been committed to the corrections board upon conviction of a crime as provided in section 242.”
State v. Scott, 248 N.W.2d 706 (Minn. 1976).
“nt had in his possession a firearm or used a dangerous weapon at the time of the offense shall be for a term of not less than three years, nor more than the maximum sentence provided by law for the offense for which convicted, and such person shall not be eligible for parole…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.