Minnesota Statutes

Minn. Stat. § 244.101 (2026)

Sentencing Of Felony Offenders Who Commit Offenses On And After August 1, 1993

✓ current as of May 2026

Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Subdivision 1.Executed sentences.

Except as provided in section 244.05, subdivision 4a, when a felony offender is sentenced to a fixed executed sentence for an offense committed on or after August 1, 1993, the executed sentence consists of two parts: (1) a specified minimum term of imprisonment that is equal to two-thirds of the executed sentence; and (2) a specified maximum supervised release term that is equal to one-third of the executed sentence. The amount of time the inmate actually serves in prison and on supervised release is subject to the provisions of section 244.05, subdivision 1b.

Subd. 2.Explanation of sentence.

When a court pronounces an executed sentence under this section, it shall explain: (1) the total length of the executed sentence; (2) the amount of time the defendant will serve in prison; and (3) the amount of time the defendant will serve on supervised release, assuming the defendant commits no disciplinary offense in prison that results in the imposition of a disciplinary confinement period. The court shall also explain that the amount of time the defendant actually serves in prison may be extended by the commissioner if the defendant commits any disciplinary offenses in prison and that this extension could result in the defendant's serving the entire executed sentence in prison. The court's explanation shall be included in a written summary of the sentence.

Subd. 3.No right to supervised release.

Notwithstanding the court's explanation of the potential length of a defendant's supervised release term, the court's explanation creates no right of a defendant to any specific, minimum length of a supervised release term.

Subd. 4.Application of statutory mandatory minimum sentences.

If the defendant is convicted of any offense for which a statute imposes a mandatory minimum sentence of imprisonment, the statutory mandatory minimum sentence governs the length of the entire executed sentence pronounced by the court under this section.

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1999–2021 · leading case: Carrillo v. Fabian, 701 N.W.2d 763 (Minn. 2005).

Sort: Relevance Newest Treatment

Carrillo v. Fabian, 701 N.W.2d 763 (Minn. 2005). · cites it 123× “See Minn.Stat. § 244.101, subds. 1-2 (2004). Carrillo is incarcerated at the Minnesota Correctional Facility at Faribault (MCFF).”

Johnson v. Fabian, 735 N.W.2d 295 (Minn. 2007). · cites it 23× “Minn.Stat. § 244.101, subd. 1 (2006). While the executed sentence can never be extended, an inmate's term of imprisonment can be extended if the inmate commits any disciplinary offenses while in prison.”

State v. Leathers, 799 N.W.2d 606 (Minn. 2011). · cites it 6× “” Minn. Stat. § 244.101 , subd. 1 (2010). Although section 609.”

State v. Palmer, 803 N.W.2d 727 (Minn. 2011). · cites it 5× “Palmer’s argument appears to be based on Minn.Stat. § 244.101, subd. 1 (2010), which states that “[w]hen a felony offender is sentenced to a fixed executed sentence,” the executed sentence consists of a minimum term of imprisonment and a maximum term of supervised release.”

State of Minnesota, ex rel. Demetris L. Duncan v. Tom Roy, Comm'r of Corr., 887 N.W.2d 271 (Minn. 2016). · cites it 8× “As required by Minn.Stat. § 244.101, subd. 1 (2014), Duncan’s sentence consisted of a term of imprisonment, which was originally 130-2/3 months, and a supervised-release term, which was originally 65-1/3 months.”

State of Minnesota, ex rel., Branden Lee Pollard v. Tom Roy, Comm'r of Corr., 878 N.W.2d 341 (Minn. Ct. App. 2016). · cites it 12× “” As stated above, *345 Minn.Stat. § 244.101 provides that the final “one-third of the executed sentence” is the “maximum supervised release term.”

Eugene Lee Rushton v. State of Minnesota, 889 N.W.2d 561 (Minn. 2017). · cites it 8× “See Minn. Stat. § 244.101 , subd. 1(1) (2016); Minn.”

State of Minnesota, Respondent/Cross-Appellant v. Brian Keith Schnagl, a/k/a Brian Keith Schnagel, Appellant/Cross-Respondent., 859 N.W.2d 297 (Minn. 2015). · cites it 2× “1 Pursuant to Minn.Stat. § 244.101, subd. 1 (2014), the Commissioner released Schnagl from prison in July 2007, to serve the remaining one-third of his sentence on supervised release in the community.”

State Ex Rel. Peterson v. Fabian, 784 N.W.2d 843 (Minn. Ct. App. 2010). · cites it 2× “Minn.Stat. § 244.101, subd. 1. The “term of imprisonment” is defined as the two-thirds part of the executed sentence.”

Heilman v. Courtney, 926 N.W.2d 387 (Minn. 2019). · cites it 4× “" See Minn. Stat. § 244.101 , subd. 1 (2018). The parties stipulated that Heilman began his supervised release on this date.”

Johnson v. Fabian, 711 N.W.2d 540 (Minn. Ct. App. 2006). · cites it 2× “Minn.Stat. § 244.101, subd. 2 (2004). The time to be served on supervised release may be altered “for in-prison disciplinary offenses.”

Miller v. State, 714 N.W.2d 745 (Minn. Ct. App. 2006). · cites it 2× “Even if he commits no disciplinary offenses, and serves as much as the maximum one-third of his sentence on supervised release, pursuant to Minn.Stat. §§ 244.101, subd. 1 (2004), 244.”

Show all 24 citing cases →

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.