§ 16-93-604 — Felonies committed between April 1, 1977, and April 1, 1983 - Parole eligibility

(a) A person who committed felonies prior to April 1, 1977, and who was convicted and incarcerated therefor, is eligible for release on parole in accordance with the parole eligibility law in effect at the time the crime was committed. (b) A person who committed felonies on and after April 1, 1977, and prior to April 1, 1983, and who has been convicted and incarcerated therefor, is eligible for release on parole as follows: (1) An inmate under sentence of death or life imprisonment without parole is not eligible for release on parole but may be pardoned or have his or her sentence commuted by the Governor, as provided by law. An inmate sentenced to life imprisonment is not eligible for release on parole unless the sentence is commuted to a term of years by executive clemency. Upon commutation, the inmate is eligible for release on parole as provided in this section; (2) An inmate classified as a first offender under § 16-93-603 , except one under twenty-one (21) years of age as described in subsection (c) of this section and except one who pleads guilty to or has been convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court is not eligible for release on parole until a minimum of one-third (1/3) of his or her sentence has been served, with credit for good-time allowances, or one-third (1/3) of the time to which the sentence is commuted by executive clemency is served, with credit for good-time allowances. However, if the trier of fact determines that a deadly weapon was used in the commission of the crime, a first offender twenty-one (21) years of age or older shall not be eligible for release on parole until a minimum of one-half (½) of the sentence is served, with credit for good-time allowances; (3) An inmate classified as a second offender under § 16-93-603 and one who pleads guilty to or is convicted of a Class Y felony, upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of one-half (½) of his or her sentence is served, with credit for good-time allowances, or one-half (½) of the time to which sentence is commuted by executive clemency, with credit for good-time allowances; (4) An inmate classified as a third offender under § 16-93-603 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for release on parole until a minimum of three-fourths (¾) of his or her sentence is served, with credit for good-time allowances, or three-fourths (¾) of the time to which sentence is commuted by executive clemency, with credit for good-time allowances; and (5) An inmate classified as a fourth offender under § 16-93-603 , upon entering a correctional institution in this state under sentence from a circuit court, is not eligible for parole, but is entitled to good-time allowances as provided by law. (c) Any person under twenty-one (21) years of age who is first convicted of a felony and committed to the first offender penal institution or to the Department of Correction for a term of years is eligible for parole at any time, unless a minimum time to be served is imposed consisting of not more than one-third (1/3) of the total time sentenced. In the event the individual is sentenced to a minimum time to be served, he or she is eligible for release on parole after serving the minimum time prescribed, with credit for good-time allowances, and for commutation by the exercise of executive clemency. (d) (1) When any convicted felon, while on parole, is convicted of another felony, the felon is to be committed to the Department of Correction to serve the remainder of his or her original sentence, including any portion suspended, with credit for good-time allowances. Upon conviction for the subsequent felony, the court is to require the sentence for the subsequent felony to be served consecutively with the sentence for the previous felony. (2) Any person found guilty of a felony and placed on probation or suspended sentence therefor who is subsequently found guilty of another felony committed while on probation or suspended sentence is to be committed to the Department of Correction to serve the remainder of his or her suspended sentence plus the sentence imposed for the subsequent felony. The sentence imposed for the subsequent felony is to be served consecutively with the remainder of the suspended sentence. (e) For parole eligibility purposes, consecutive sentences by one (1) or more courts or for one (1) or more counts is considered as a single commitment reflecting the cumulative sentence to be served. (f) Nothing in this section shall be construed to reduce, lessen, or in any manner take away or affect the good-time allowances earned by any individual prior to April 1, 1977.

Legislative History

Acts 1977, No. 93, § 2; 1981, No. 620, § 16; A.S.A. 1947, § 43-2829.