REQUIRED SERVICE OF 85% OF SENTENCE
A person convicted of [Specify Crime in 21 O.S. Supp. 2005, § 13.1] shall be required to serve not less than eighty-five percent (85%) of the sentence imposed before becoming eligible for consideration for parole and shall not be eligible for any credits that will reduce the length of imprisonment to less than eighty-five percent (85%) of the sentence imposed.
Statutory Authority: 21 O.S. 2001, § 121, 21 O.S. Supp. 2005, § 13.1.
Notes on Use
This instruction must be given in trials for crimes specified in 21 O.S. Supp. 2005, § 13.1 that occurred after the effective date of the inclusion of the offense in the statute. Anderson v. State, 2006 OK CR 6, ¶ 24, ____ P.3d ___. There are also other statutes besides 21 O.S. Supp. 2005, § 13.1 that mandate limitations on parole and credits. See, e.g., 21 O.S. 2001, § 801 (robbery with dangerous weapon); 47 O.S. 2001, § 1503(J) (operation of chop shop); 63 O.S. Supp. 2005, § 2-401(F) (distribution of controlled dangerous substance within 2,000 feet of a school); 63 O.S Supp. 2005, § 2-401(G) (manufacture of controlled dangerous substance). This Instruction should be modified as appropriate to incorporate the crimes in these statutes. If life imprisonment is an option, OUJI-CR 10-13B should be used instead of this Instruction.
In Anderson v. State, 2006 OK CR 6, ¶ 24, ____P.3d ____, the Oklahoma Court of Criminal Appeals referred to the current policy of the Oklahoma Pardon and Parole Board and stated that
parole for any sentence over 45 years . . . is calculated based upon a sentence of 45 years. The Anderson case involved a life sentence, however, and so, this statement was not a part of the Court's holding. Section 13.1 as well as the other statutes that mandate limitations on parole and credits do not provide exceptions for sentences for over 45 years. Accordingly, the Committee has concluded that this Instruction should be given even if the possible sentence is for more than 45 years.
Because Anderson did not address the issue of the possibility of commutation of a sentence by the Governor upon a recommendation by a majority of the Pardon and Parole Board, in accordance with Okla. Const. Art. 6, § 10, this Instruction does not address this issue.
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
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