Oklahoma Required Service of 85% of Sentence
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FAQ
The Violent Crime Control and Law Enforcement Act (1994) requires states that want to qualify for federal financial aid to change their laws so offenders serve at least 85 percent of their sentences.
For inmates sentenced to life in prison, the life sentence is calculated at 45 years for parole purposes. That means a person with a life sentence for an 85 percent crime would have to serve more than 38 years before accumulating credits toward parole.
843.1 and 21 O.S. 843.3 must serve 85% of the sentence of imprisonment before being eligible for parole consideration or earned credits.
The general rule is that a defendant serves 50 percent of his or her sentence while in prison. (Pen. Code §2933.)
In Oklahoma, someone serving time after a conviction becomes eligible for parole after completing 1/3 of their sentence. So if they were sentenced to 10 years, they will only be eligible for parole after (roughly) 3 years and 4 months.
This rule means that you have to serve 85% of your sentence before being eligible for parole. Because a life sentence in Oklahoma is considered 45 years, applying the 85% rule means you would have to serve 38.25 years before qualifying for parole.
With exception of certain crimes, sentencing in Oklahoma is determined by the judge who presides over your case. This is with respect to both state and federal statutory maximum and minimum requirements, as well as any aggravating or mitigating factors.
Oklahoma's 85% law means that perpetrators of sexual and violent crimes are required to serve not less than 85% of their sentence of imprisonment before they become eligible for consideration for parole.