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The 85 Percent Rule: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
The 85 Percent Rule is a legal requirement in Oklahoma that mandates individuals convicted of certain serious crimes to serve at least eighty-five percent of their prison sentences before they can be considered for parole. This rule applies specifically to offenses listed in 21 O.S., § 13.1, and prohibits these individuals from earning credits that could reduce their sentence duration below the eighty-five percent threshold.
Table of content
Legal Use & context
The 85 Percent Rule is primarily used in criminal law, particularly in the context of parole eligibility for serious offenses. This rule ensures that individuals convicted of violent or severe crimes serve a substantial portion of their sentence, reflecting the legal system's focus on public safety and accountability. Users may encounter this rule when dealing with parole applications or sentencing discussions, and they can utilize legal templates from US Legal Forms to navigate these processes effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a person is sentenced to 20 years for first-degree murder, they must serve at least 17 years (eighty-five percent) before being eligible for parole. Another example could involve a conviction for aggravated trafficking, where the individual must also serve eighty-five percent of their sentence before considering parole eligibility.
Relevant laws & statutes
The primary statute governing the 85 Percent Rule is:
21 O.S., § 13.1: This statute outlines the required service of a minimum percentage of the sentence for specified offenses, detailing the crimes that fall under this rule.
Comparison with related terms
Term
Definition
Key Difference
Parole
The conditional release of a prisoner before the full sentence is served.
The 85 Percent Rule specifies a minimum time that must be served before parole eligibility.
Earned Credits
Time off a sentence awarded for good behavior or participation in programs.
Under the 85 Percent Rule, individuals cannot earn credits that reduce their sentence below 85%.
What to do if this term applies to you
If you or someone you know is affected by the 85 Percent Rule, it is important to understand the implications for parole eligibility. Consider consulting with a legal professional for tailored advice. Additionally, you can explore US Legal Forms for templates that may assist in preparing necessary legal documents related to parole applications.
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