Arizona’s 85% rule—also known as truth-in-sentencing—requires that certain offenders serve at least 85% of their prison sentence before being eligible for early release.
This means parole and other early release options are extremely limited for many convicted individuals.
But are there exceptions?
The answer: Yes, but they are limited.
Let’s break it down.
Who Must Serve 85% of Their Sentence?
Under Arizona Revised Statutes § 41-1604.07, the 85% rule applies to individuals convicted of serious or dangerous offenses, including:
- Violent crimes (e.g., aggravated assault, manslaughter)
- Sex offenses (e.g., sexual assault, child molestation)
- Crimes involving deadly weapons or dangerous instruments
- Crimes against children
For these offenses, the 85% rule is strict—no parole before serving at least 85% of the sentence.
What Are the Exceptions to the 85% Rule?
Not all inmates are locked into the 85% minimum.
Here’s how some individuals may qualify for early release.
1. Nonviolent & Low-Risk Offenders (Possible Early Release After 50-70% Served)
- Some nonviolent offenders may qualify for early release after serving 50%–70% of their sentence.
- This typically applies to drug offenses, theft, and fraud cases where no violence was involved.
Example:
A defendant is sentenced to 10 years for drug possession.
Because it’s a nonviolent crime, they may be eligible for release after serving 5-7 years with good behavior.
2. Earned Release Credits (Good Behavior Reductions)
Arizona allows inmates to earn credits toward early release by participating in:
- Education programs
- Rehabilitation courses
- Work programs
Example:
An inmate completes a drug rehabilitation program while serving time.
They receive earned release credits, helping them qualify for early release sooner.
Important: This does not reduce sentences below the mandatory 85% threshold for violent crimes—but it can help nonviolent offenders.
3. Clemency or Commutation of Sentence
- The Arizona Board of Executive Clemency has the authority to reduce sentences or grant clemency.
- Inmates who demonstrate rehabilitation and good behavior can petition for sentence reductions or early release.
Example:
A person convicted of manslaughter applies for clemency after serving 15 years of a 20-year sentence.
The Governor approves the commutation, reducing the remaining sentence.
Reality Check: Clemency is rare and typically granted only to those who show genuine rehabilitation.
4. Medical or Compassionate Release
- Terminally ill or severely disabled inmates may qualify for compassionate release.
- This applies to prisoners who no longer pose a threat due to medical conditions.
Example:
An elderly inmate with advanced-stage cancer may be granted early release to receive hospice care.
Reality Check: Medical releases are extremely rare and require extensive review.
5. Legislative Changes & New Reform Efforts
- Arizona lawmakers have introduced bills aimed at reducing mandatory sentencing for nonviolent offenders.
- Some proposed reforms focus on rehabilitation over incarceration, allowing earlier release for low-risk individuals.
Example:
If a new law passes, nonviolent drug offenders may only have to serve 65-70% of their sentence—instead of 85%.
Future reforms could expand early release options.
Conclusion: Can You Avoid the 85% Rule?
Yes, but only in specific situations:
- Nonviolent offenders may qualify for early release after serving 50-70% of their sentence.
- Earned release credits can reduce time served for good behavior and rehabilitation efforts.
- Clemency, commutation, or compassionate release provide rare exceptions for some inmates.
- Legislative changes may expand early release options in the future.
If convicted of a serious violent crime, the 85% rule applies—with little chance for early release.
Final Thought
Arizona’s 85% rule is strict—but exceptions exist for those who qualify and take steps toward rehabilitation.
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