§ 16-93-612 — Parole eligibility - Date of offense

(a) A person's parole eligibility shall be determined by the laws in effect at the time of the offense for which he or she is sentenced to the Division of Correction. (b) For an offender serving a sentence for a felony committed before April 1, 1977, § 16-93-601 governs that person's parole eligibility. (c) For an offender serving a sentence for a felony committed between April 1, 1977, and April 1, 1983, § 16-93-604 governs that person's parole eligibility. (d) For an offender serving a sentence for a felony committed on or after April 1, 1983, but before January 1, 1994, § 16-93-607 governs that person's parole eligibility. (e) For an offender serving a sentence for a felony committed on or after January 1, 1994, but before January 1, 2025, § 16-93-614 governs that person's parole eligibility, unless otherwise noted and except: (1) If the felony is murder in the first degree, § 5-10-102 , kidnapping, if a Class Y felony, § 5-11-102(b)(1) , aggravated robbery, § 5-12-103 , rape, § 5-14-103 , or causing a catastrophe, § 5-38-202(a) , and the offense occurred after July 28, 1995, but before January 1, 2025, § 16-93-618 governs that person's parole eligibility; (2) If the felony is manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 , or possession of drug paraphernalia with the intent to manufacture methamphetamine, the former § 5-64-403(c)(5) , and the offense occurred after April 9, 1999, but before January 1, 2025, § 16-93-618 governs that person's parole eligibility; (3) If the felony is battery in the second degree, § 5-13-202 , aggravated assault, § 5-13-204 , terroristic threatening, § 5-13-301 , domestic battering in the second degree, § 5-26-304 , or residential burglary, § 5-39-201(a) , and the offense occurred on or after April 1, 2015, but before January 1, 2025, § 16-93-620 governs that person's parole eligibility; (4) If the felony was committed by a person who was a minor at the time of the offense, he or she was committed to the former Department of Correction, or to the Division of Correction, and the offense occurred before, on, or after March 20, 2017, § 16-93-621 governs the date on which that person becomes eligible for consideration for release; (5) If the felony was committed prior to January 1, 2025, § 16-93-701 et seq. governs procedures for consideration for parole or transfer to the Division of Community Correction; and (6) If the felony was committed on or after January 1, 2025, § 16-93-1901 et seq. governs procedures for consideration for transfer to post-release supervision. (f) For an offender serving a sentence for a felony committed on or after January 1, 1994, but before January 1, 2025, § 16-93-615 governs that person's parole eligibility procedures. (g) Notwithstanding any law allowing the award of meritorious good time, earned release credits, or any other law to the contrary, if the felony is an offense that is subject to delayed release under § 5-4-405 and was committed on or after July 28, 2021, the person shall not be eligible for parole or community correction transfer until the person serves a minimum of eighty percent (80%) of the term of imprisonment to which the person is sentenced.

Legislative History

Amended by Act 2023, No. 659,§ 186, eff. 1/1/2024. Amended by Act 2021, No. 681,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 913, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 912, eff. 7/1/2019. Amended by Act 2017, No. 539,§ 9, eff. 3/20/2017. Amended by Act 2015, No. 895,§ 24, eff. 4/1/2015. Acts 2011, No. 570, § 97.