Under this bill, there will be no release eligibility for a person committing an offense, on or after July 1, 2022, that is enumerated below. The person will serve 100 percent of the sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn. The person will be permitted to earn any credits for which the person is eligible and the credits may be used for the purpose of increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court.
The offenses to which this bill applies are:
(A) Aggravated assault;
(B) Vehicular homicide;
(C) Aggravated vehicular homicide;
(D) Possessing a firearm or antique firearm during commission or attempt to commit a dangerous felony;
(E) Attempted first degree murder, where the victim suffers serious bodily injury;
(E) Aggravated kidnapping;
(F) Especially aggravated kidnapping;
(G) Aggravated robbery;
(H) Especially aggravated robbery;
(I) Carjacking;
(J) Aggravated burglary;
(K) Especially aggravated burglary;
(L) Aggravated arson; and
(M) The manufacture, delivery, or sale of a controlled substance, where the instant offense is classified as a Class A, B, or C felony and the person has two or more prior convictions for the manufacture, delivery, or sale of a controlled substance classified as a Class A, B, or C felony prior to or at the time of committing the instant offense.
ON APRIL 21, 2022, THE SENATE ADOPTED AMENDMENTS # 2 AND 3 AND PASSED SENATE BILL 2248, AS AMENDED.
AMENDMENT #2 revises the list of offenses for which there will be no sentence reduction and provides, for those offenses, that the offender may only earn credits for satisfactory program performance, which credits may be used for increased privileges, reduced security classification, or other purposes other than reduction of the sentence imposed. For other offenses, the offender will be able to earn credits for completion of programs that make them eligible for release on parole (but not have their sentence expire early like current credits) up to 15 percent early, so an offender could serve 85 percent in prison, then 15 percent on parole. For those offenders who do serve part of the sentence on parole, if they violate the conditions of parole, including a technical violation, the board of parole may order them to serve a period of time in prison, up to the remainder of their sentence.
Under this amendment, the "100 percent" offenses are:
(1) Attempted first degree murder;
(2) Second-degree murder;
(3) Criminally negligent homicide;
(4) Vehicular homicide resulting from the driver's intoxication
(5) Aggravated vehicular homicide;
(6) Especially aggravated kidnapping;
(7) Especially aggravated robbery;
(8) Carjacking; and
(9) Especially aggravated burglary.
Under this amendment, the "85 percent" offenses are:
(1) Aggravated assault involving the use of a deadly weapon; aggravated assault involving strangulation or attempted strangulation; aggravated assault that results in serious bodily injury; aggravated assault against a first responder or nurse if the offense involved the use of a deadly weapon; and aggravated assault against a first responder or nurse involving strangulation or attempted strangulation;
(2) Voluntary manslaughter;
(3) Vehicular homicide in circumstances other than the driver's intoxication;
(4) Reckless homicide;
(5) Aggravated kidnapping;
(6) Involuntary labor servitude;
(7) Trafficking persons for forced labor or services;
(8) Aggravated robbery;
(9) Aggravated burglary;
(10) Aggravated arson;
(11) Possessing or using a firearm or antique firearm during commission of or attempt to commit a dangerous felony; and
(12) The manufacture, delivery, or sale of a controlled substance where the instant offense is classified as a Class A, B, or C felony and the person has two or more prior convictions for the manufacture, delivery, or sale of a controlled substance classified as a Class A, B, or C felony prior to or at the time of committing the instant offense.
Under present law there is no release eligibility for a person committing certain offenses on or after July 1, 1995. The person must serve 100 percent of the sentence imposed by the court less sentence credits earned and retain; but sentence reductions credits will not reduce the sentence imposed by more than 15 percent.
This amendment specifies that the above provision applies to:
(1) Murder in the second degree, especially aggravated kidnapping, aggravated kidnapping, especially aggravated robbery, and aggravated arson if the offense was committed on or after July 1, 1995, and before July 1, 2022; and
(2) Rape, aggravated sexual battery, aggravated child abuse, sexual exploitation of a minor, and especially aggravated sexual exploitation of a minor if the offense was committed on or after July 1, 1995, and before July 1, 2021.
AMENDMENT #3 transfers criminally negligent homicide from the 100 percent offenses to the 85 percent offenses and adds aggravated assault against a first responder or nurse that results in serious bodily injury or death to the 85 percent offenses.

Statutes affected:
Current Version: 40-35-501, 40-35-501(j), 40-35-501(k)(1), 40-35-501(k)(2), 40-35-501(k)(5), 40-35-501(k)(7), 40-35-501(k)(8), 40-35-501(t), 40-35-501(u)(1)
Amended with SA0934, SA0941 -- 04/21/2022: 40-35-501, 40-35-501(j), 40-35-501(k)(1), 40-35-501(k)(2), 40-35-501(k)(5), 40-35-501(k)(7), 40-35-501(k)(8), 40-35-501(t), 40-35-501(u)(1), 40-35-501(i)