Understanding the 85% Law in Arizona
In Arizona, certain sentencing laws require individuals who are incarcerated to serve a significant portion of their sentence before being eligible for parole or early release. Known as the “85% law,” this regulation impacts many aspects of the criminal justice system, including sentencing, incarceration, and parole eligibility.
What is the 85% Law in Arizona?
The 85% law in Arizona mandates that individuals convicted of certain crimes must serve a minimum of 85% of their sentence before becoming eligible for parole or early release. This law is designed to ensure that offenders serve a substantial portion of their imposed sentence, thereby enhancing public safety and ensuring accountability.
Key Provisions of the 85% Law
Minimum Sentence Requirement
Incarcerated individuals must serve at least 85% of their sentence before they can be considered for parole or early release. This means that for a 10-year sentence, the individual must serve at least 8.5 years in prison.
Applicability
The 85% law applies to certain offenses, particularly those deemed serious or violent. The specific crimes covered by this law are outlined in Arizona’s sentencing statutes.
No Early Release
For crimes covered under the 85% law, individuals cannot be released early through good behavior or other traditional early release mechanisms until they have served the minimum required portion of their sentence.
Importance of the 85% Law
- Public Safety: The law aims to enhance public safety by ensuring that individuals convicted of serious offenses serve most of their sentence.
- Accountability: By requiring offenders to serve a substantial portion of their sentence, the law promotes accountability and deterrence.
- Uniformity in Sentencing: The 85% law helps create uniformity in sentencing, ensuring that individuals convicted of similar crimes serve similar amounts of time.
Impact on Incarceration and Parole
Sentencing
Judges must consider the 85% law when sentencing individuals for certain crimes, ensuring that the minimum time served requirement is met.
Incarceration
The Department of Corrections manages inmates under this law, tracking time served and ensuring compliance with the minimum requirements.
Parole Eligibility
Parole boards consider the 85% law when reviewing cases for early release, ensuring that only those who have served the required portion of their sentence are considered.
Conclusion
The 85% law in Arizona plays a crucial role in the state’s criminal justice system, ensuring that individuals convicted of serious crimes serve a significant portion of their sentence. Understanding this law is important for those involved in or affected by the legal and corrections systems.
Frequently Asked Questions (FAQs)
What is the 85% law in Arizona?
The 85% law requires that individuals convicted of certain serious or violent crimes serve at least 85% of their sentence before being eligible for parole or early release.
Which crimes are covered by the 85% law?
The law applies to specific offenses outlined in Arizona’s sentencing statutes, primarily serious and violent crimes.
Can inmates be released early under the 85% law?
Inmates covered by the 85% law cannot be released early through traditional mechanisms such as good behavior until they have served the required portion of their sentence.
How does the 85% law affect parole eligibility?
The law ensures that individuals must serve at least 85% of their sentence before being considered for parole, impacting the decisions of parole boards.
Can TPS assist with issues related to the 85% law?
Yes, TPS offers comprehensive legal support to help you understand and navigate the 85% law and related sentencing and parole issues.