OCCA
OnlineOUJI-CR 10-13B
REQUIRED SERVICE OF 85% OF SENTENCE WHERE LIFE
IMPRISONMENT IS AN OPTION
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.
If a person is sentenced to life imprisonment, the calculation of eligibility for parole is based upon a term of forty-five (45) years, so that a person would be eligible for consideration for parole after thirty eight (38) years and three (3) months.
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Notes on Use
The Oklahoma Court of Criminal Appeals held in Anderson v. State, 2006 OK CR 6, ¶ 24, ___P.3d___, held that where life imprisonment is an option, a jury instruction should include some reference to [the Oklahoma Pardon and Parole Board's current] policy (or any successor policy)
. Accordingly, the trial court should be satisfied that this Instruction is still consistent with the Oklahoma Pardon and Parole Board's current policy before using this Instruction.
(2006 Supplemental)
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