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.
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.
| Service provided by the IS department of the Oklahoma Court of Criminal Appeals
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