Minnesota Statutes
Minn. Stat. § 609.105 (2026)
Sentence Of Imprisonment
✓ current as of May 2026
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Subdivision 1.Sentence to one year or more.
A felony sentence to imprisonment for one year or more shall commit the defendant to the custody of the commissioner of corrections.
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Subd. 2.Place of confinement.
The commissioner of corrections shall determine the place of confinement in a prison, reformatory, or other facility of the Department of Corrections established by law for the confinement of convicted persons and prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or without the facility. When the remaining term of imprisonment for a convicted person upon commitment is 90 days or less, the commissioner of corrections may contract with a county for placement of the person in a county jail or detention center for the remainder of the person's term.
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Subd. 3.Sentence to less than one year.
A sentence to imprisonment for a period of less than one year shall be to a workhouse, work farm, county jail, or other place authorized by law.
Notes of Decisions
Cited in 12
cases, 1966–2012 · leading case: State v. Kier, 678 N.W.2d 672 (Minn. Ct. App. 2004).
State v. Kier, 678 N.W.2d 672 (Minn. Ct. App. 2004). “” Minn.Stat. § 609.105, subd. 3 (2002) (emphasis added).”
State v. Bluhm, 676 N.W.2d 649 (Minn. 2004). “[1] The former creates an absurd result in that it requires the statute's plain language to be ignored and the latter is contrary to law in that it is inconsistent with Minn.Stat. § 609.105, subds. (1) and (3) (2002) (placing individuals who are sentenced to felony sentences of…”
Weber v. Hvass, 626 N.W.2d 426 (Minn. Ct. App. 2001). “The district court found that the policy also falls within Minn.Stat. § 609.105. We agree that the cost-of-confinement policy falls within these exemptions to the definition of “rule” and that DOC was not required to engage in formal rulemaking procedure to promulgate the policy.”
State v. Rasinski, 464 N.W.2d 517 (Minn. Ct. App. 1991). “Appellant correctly cites Minn.Stat. § 609.105, subd. 1 (1988) to require that a trial court imposing "a sentence to imprisonment for more than one year shall commit the defendant to the custody of the Commissioner of Corrections.”
McKee v. Likins, 261 N.W.2d 566 (Minn. 1977). “re, but does not include (a) rules concerning only the internal management of the agency or other agencies, and which do not directly affect the rights of or procedure available to the public; or (b) rules of the commissioner of corrections relating to the internal management of…”
State v. Cook, 617 N.W.2d 417 (Minn. Ct. App. 2000). “See Minn. Stat. § 609.105 , subd. 2 (1998) (providing that Commissioner shall “prescribe reasonable conditions and rules for [prisoners’] employment, conduct, instruction, and discipline within or without the facility”); State v.”
State v. Jonason, 292 N.W.2d 730 (Minn. 1980). “See Minn.Stat. § 609.105, subd. 1 (1978). *734 Defendant Jonason, however, argues that a certain amount of judicial discretion is retained through Minn.”
Johnson Bros. Wholesale Liquor Co. v. Novak, 295 N.W.2d 238 (Minn. 1980). “re, but does not include (a) rules concerning only the internal management of the agency or other agencies, and which do not directly affect the rights of or procedure available to the public; or (b) rules of the commissioner of corrections relating to the internal management of…”
Case v. Pung, 413 N.W.2d 261 (Minn. Ct. App. 1987). “Minn.Stat. § 609.105, subd. 2 (1986) provides: The commissioner of corrections shall determine the place of confinement in a prison, reformatory, or other facility of the department of corrections established by law for the confinement of convicted persons and prescribe…”
State v. Burdick, 355 N.W.2d 176 (Minn. Ct. App. 1984). “Minn.Stat. § 609.105, subd. 2 (1982) provides that the Commissioner of Corrections has the authority to establish rules regulating the conduct, instructions, and discipline of the inmates.”
Johnson v. State, 820 N.W.2d 24 (Minn. Ct. App. 2012). “See Minn.Stat. § 609.105, subd. 3 (2006) (“A sentence to imprisonment for a period of one year or any lesser period shall be to a workhouse, .”
State Ex Rel. Atkinson v. Tahash, 142 N.W.2d 294 (Minn. 1966). “753, §§ 609.105 and 609.12) authorize the administrative authorities to determine the time a prisoner should be credited on his sentence and when he should be paroled or discharged.”
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