Arizona’s 85% law, also known as truth-in-sentencing, requires certain offenders to serve at least 85% of their sentence before becoming eligible for early release.
While designed to ensure criminals serve most of their time, this policy is one of the strictest sentencing laws in the country.
But how does Arizona’s sentencing policy compare to other states?
Let’s break it down.
1. Arizona’s 85% Law: One of the Strictest in the Nation
Arizona’s truth-in-sentencing policy is among the toughest in the U.S.
- Applies to a wide range of crimes – Includes violent crimes, certain drug offenses, and crimes involving weapons.
- Limited parole eligibility – Most offenders cannot get parole before serving at least 85% of their sentence.
- High incarceration rates – Arizona ranks among the highest in the U.S. for imprisonment per capita.
- High recidivism despite long sentences – Approximately 39% of released inmates reoffend within three years.
Example:
A person convicted of armed robbery in Arizona receives a 10-year sentence.
They must serve at least 8.5 years before early release is even considered.
Arizona locks up offenders longer than most states—but is it working?
2. How Other States Handle Truth-in-Sentencing Laws
Many states have modified or repealed their truth-in-sentencing laws to allow for more flexibility, rehabilitation, and reduced incarceration costs.
States with Similar 85% Sentencing Laws
Some states still follow Arizona’s strict sentencing model:
- Florida – Requires 85% of the sentence to be served for most crimes, with very few early release options.
- Georgia – Also enforces 85% sentencing for violent offenses.
- Mississippi – Recently changed from 85% to 50% for nonviolent offenders, keeping 85% for violent crimes.
- Virginia – Previously had an 85% requirement but is now reducing it for some nonviolent offenses.
Example:
Florida and Arizona have nearly identical sentencing policies, both requiring 85% for most serious crimes.
Mississippi changed its policy, allowing nonviolent offenders to be eligible for early release after serving 50%.
Some states are moving away from strict sentencing, while Arizona remains firm.
States That Have Reduced Mandatory Minimums
Many states have reduced or eliminated their truth-in-sentencing laws, arguing that long sentences do not reduce crime.
- California – Allows nonviolent offenders to serve as little as 50% of their sentence with good behavior.
- New York – Eliminated some mandatory minimum sentences and offers early parole for certain rehabilitated offenders.
- Texas – Focuses on rehabilitation programs and probation alternatives to reduce incarceration.
- Oregon – Offers "earned time" reductions of up to 30% off a sentence for good behavior and participation in programs.
Example:
In Texas, a nonviolent drug offender can be released after serving 50% of their sentence if they complete rehabilitation programs.
In Arizona, the same offender must serve 85%, even with good behavior.
States like Texas and California have shifted toward rehabilitation—Arizona has not.
3. Prison Populations & Recidivism: Arizona vs. Other States
Arizona has one of the highest incarceration rates in the country.
| Arizona | 833 | 39% | Yes |
| Florida | 795 | 40% | Yes |
| California | 549 | 30% | No (Some sentences allow 50%) |
| New York | 388 | 29% | No (Flexible parole options) |
| Texas | 568 | 31% | No (Reduced mandatory minimums) |
| Oregon | 492 | 27% | No (Earned time reductions up to 30%) |
Key Takeaways:
- Arizona and Florida have the toughest truth-in-sentencing laws and some of the highest recidivism rates.
- California and Oregon have moved toward rehabilitation-focused sentencing and have lower recidivism rates.
- Texas reduced mandatory minimums and saw crime drop, proving that long sentences aren’t the only solution.
Strict sentencing = More prisoners, but not always less crime.
4. Early Release & Parole: Arizona vs. Other States
Arizona offers fewer early release opportunities than most states.
- Arizona – No parole for most crimes; must serve at least 85% of the sentence.
- Florida – Also no parole, strict 85% rule for most crimes.
- Texas – Parole is available for many offenses after serving 50% of the sentence.
- New York – Offers parole for most sentences, sometimes after 30-50% served.
- California – Nonviolent offenders can earn parole after serving 50% of their time.
Example:
In New York, a nonviolent offender could be eligible for parole after 3 years of a 10-year sentence.
In Arizona, that same offender must serve at least 8.5 years before parole is an option.
Arizona offers fewer second chances than most states.
5. Should Arizona Reform the 85% Law?
- Keep It? Supporters argue it keeps dangerous criminals behind bars longer and protects victims.
- Reform It? Some believe Arizona should allow earned time for good behavior and nonviolent offenders.
- Repeal It? Critics argue that strict sentencing doesn’t reduce crime and only increases prison costs.
Final Thought
Arizona’s 85% law is one of the toughest in the nation, but other states are proving that shorter sentences + rehabilitation = lower crime.
Is it time for Arizona to rethink its sentencing laws?
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