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Conditional Release

Conditional release is a statutorily required term of extended supervision that is applicable to certain offenses such as DWI and criminal sexual conduct. This additional term of supervision begins when the offender completes the term of imprisonment. Conditional release should be pronounced at sentencing but is only imposed on executed prison sentences. Consult the applicable Minn. Statute to determine the appropriate term of conditional release that must be applied. 

Conditional Release Reference Table

Section 2.E.3 - Conditional Release

Several Minnesota statutes provide for mandatory conditional release terms that must be served by certain offenders once they are released from prison. The court must pronounce the conditional release term when sentencing for the following offenses:

First-degree (felony) driving while impaired. Minn. Stat. § 169A.276, subd. 1(d).
Predatory offense registration violation committed by certain offenders. Minn. Stat. § 243.166, subd. 5a.
Assault in the fourth degree against secure treatment facility personnel. Minn. Stat. § 609.2231, subd. 3a(e).
First- through fourth-degree criminal sexual conduct and criminal sexual predatory conduct. Minn. Stat. § 609.3455, subd. 6-8.
Use of minors in a sexual performance. Minn. Stat. § 617.246, subd. 7.
Possession of pornographic work involving minors. Minn. Stat. § 617.247, subd. 9.

Relevant Published Court Case

State v. Noggle; Conditional Release for Attempted Sex Offense

MN Supreme Court opinion published July 6, 2016.  

See Guidelines Section 2.E: Conditional-release statutes do not apply to attempted offenses unless the statute explicitly states that they do. See State v. Noggle, 881 N.W.2d 545 (Minn. 2016).

State v. Nodes; Lifetime Conditional Release for Sex Offense

MN Supreme Court opinion published May 6, 2015.  

State v. Brown; Lifetime Conditional Release for Sex Offense

MN Court of Appeals opinion published December 2, 2019.

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