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Subdivision 1.Authority; conditions.
A person sentenced to the commissioner of corrections for imprisonment for a period less than life may be paroled or discharged at any time without regard to length of the term of imprisonment which the sentence imposes when in the judgment of the Supervised Release Board, and under the conditions the board imposes, the granting of parole or discharge would be most conducive to rehabilitation and would be in the public interest.
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Subd. 2.Parole required after certain term.
If a sentence of more than five years has been imposed on a defendant for a crime authorizing a sentence of not more than ten years, the Supervised Release Board shall grant the defendant parole no later than the expiration of five years of imprisonment, less time granted for good behavior, unless the board determines with or without hearing that the defendant's parole would not be conducive to rehabilitation or would not be in the public interest.
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Subd. 3.Parole; board powers.
All sentences to the Supervised Release Board for the imprisonment of the defendant are subject to the laws relating to parole and the powers of the Supervised Release Board, except as modified in subdivisions 1 and 2, and to all other laws relating to persons in said institutions and their imprisonment.
Notes of Decisions
Cited in
7
cases, 1965–2010 · leading case:
State v. Shattuck, 704 N.W.2d 131 (Minn. 2005).
State v. Shattuck, 704 N.W.2d 131 (Minn. 2005).
· cites it 4× “Under the current statutory framework, the parole board that previously determined an inmate's actual release date no longer exists, and the Commissioner of Corrections' parole authority applies only to individuals sentenced before the Sentencing Guidelines took effect in 1980.”
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010).
· cites it 2× “233b (parole eligibility); Minn.Stat. Ann. § 609.12 (parole); Mo.Code Ann.”
Edstrom v. State, 378 N.W.2d 90 (Minn. Ct. App. 1985).
· cites it 4× “Minn.Stat. § 609.12, subd. 1 (1984) states, in relevant part, as follows: A person sentenced to the commissioner of corrections for imprisonment for a period less than life may be paroled or discharged at any time without regard to length of the term of imprisonment which the…”
State Ex Rel. Holm v. Tahash, 139 N.W.2d 161 (Minn. 1965).
“753, § 609.12). 12 We are not unmindful of our contrary holdings in State ex rel.”
State v. Folkers, 562 N.W.2d 5 (Minn. Ct. App. 1997).
· cites it 2× “19(1) (1996) and second-degree felony murder in violation of Minn. Stat. § 609.12 (2) (1996) in the shooting death of Alicia Srozinski.”
State v. Thomas, 374 N.W.2d 586 (Minn. Ct. App. 1985).
· cites it 2× “FACTS Appellant pleaded guilty to second degree murder, Minn.Stat. § 609.12(2) (1984) following an incident in which he shot his cousin after they got into an argument at the People’s Choice Bar in St.”
Hayward v. Marshall (9th Cir. 2010).
“233b (parole eligibility); Minn. Stat. Ann. § 609.12 (parole); Mo. Code Ann.”
— Minn. Stat. § 609.12(2) — 1 case
State v. Thomas, 374 N.W.2d 586 (Minn. Ct. App. 1985).
“FACTS Appellant pleaded guilty to second degree murder, Minn.Stat. § 609.12(2) (1984) following an incident in which he shot his cousin after they got into an argument at the People’s Choice Bar in St.”
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