Present law prohibits release eligibility for a person who commits first degree murder on or after July 1, 1995, and who receives a sentence of imprisonment for life. Present law requires such persons to serve 100 percent of 60 years, not including sentence credits earned and retained. However, present law states that no sentence reduction credits laws, nor any other laws, may reduce a sentence imposed by the court by more than 15 percent.
This bill revises the provisions above to, instead, provide that release eligibility occurs for a defendant who commits first degree murder on or after July 1, 1995, and who receives a sentence of imprisonment for life after serving 60 percent of 60 years, not including sentence credits earned and retained by the defendant. Further, despite the governor's power to reduce prison overcrowding under present law, sentence reduction credits laws, or any other provision relating to sentence credits, a defendant sentenced to imprisonment for life must not, in any event, be eligible for parole until that defendant meets either of the following criteria:
(1) If the defendant was 25 or younger at the time of the offense, 25 full calendar years of the sentence; or
(2) If the defendant was 26 or older at the time of the offense, 30 full calendar years of the sentence.

Statutes affected:
Introduced: 40-35-501(h)(2), 40-35-501