§ 16-93-1803 — Release eligibility for felony ineligible for earned release credits or restricted release felony committed on or after January 1, 2025

(a) A person who, on or after January 1, 2025, commits a felony ineligible to receive earned release credits and who is convicted and incarcerated for the felony ineligible to receive earned release credits is not eligible for release before serving the entire term of imprisonment imposed by the sentencing court. (b) (1) A person who, on or after January 1, 2025, commits a restricted release felony and who is convicted and incarcerated for the restricted release felony is not eligible for release prior to serving at least eighty-five percent (85%) of the term of incarceration imposed by the sentencing court. (2) A person serving a sentence for a restricted release felony may accrue earned release credits in accordance with the policy adopted by the Division of Correction and as described in § 12-29-701 et seq. (3) Earned release credits shall not be applied to a sentence for a restricted release felony in an amount that exceeds fifteen percent (15%) of the term of imprisonment imposed by the sentencing court. (c) A person who commits a restricted release felony and who has previously been convicted of a restricted release felony or a felony ineligible to receive earned release credits is ineligible for release before serving one hundred percent (100%) of the period of incarceration imposed by the sentencing court.

Legislative History

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.