24-15A-32 Establishment of initial parole date--Calculation of parole date--Certain crimes deemed vi...
24-15A-32.
Establishment of initial parole date--Calculation of parole date--Certain crimes
deemed violent for purposes of parole--Minimum time to be served.
Each inmate sentenced to a
penitentiary term, except those under a sentence of life or death, or an indeterminate sentence which
is not yet set to a term of years by the board or determined to be ineligible for parole as authorized
in § 24-15A-32.1, shall have an initial parole date set by the department. This date shall be calculated
by applying the percentage indicated in the following grid to the full term of the inmate's sentence
pursuant to § 22-6-1. The following crimes or an attempt to commit, or a conspiracy to commit, or
a solicitation to commit, any of the following crimes shall be considered a violent crime for purposes
of setting an initial parole date: murder, manslaughter, rape, aggravated assault, riot, robbery,
burglary in the first degree or burglary in the second degree if committed before July 1, 2006, arson,
kidnapping, felony sexual contact as defined in §§ 22-22-7 and 22-22-19.1, child abuse, felony
sexual contact as defined in § 22-22-7.2, felony stalking as defined in §§ 22-19A-2 and 22-19A-3,
photographing a child in an obscene act, felony assault as defined in § 22-18-26, felony simple
assault as defined in § 22-18-1, commission of a felony while armed as defined in §§ 22-14-12 and
22-14-13.1, discharging a firearm at an occupied structure or motor vehicle as defined in § 22-14-20,
discharging a firearm from a moving vehicle as defined in § 22-14-21, criminal pedophilia as defined
in § 22-22-30.1, threatening to commit a sexual offense as defined in § 22-22-45, abuse or neglect
of a disabled adult as defined in § 22-46-2, and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:
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Felony Convictions
|
|
Felony Class
|
First
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Second
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Third
|
|
Nonviolent
|
|
|
|
|
Class 6
|
.25
|
.30
|
.40
|
|
Class 5
|
.25
|
.35
|
.40
|
|
Class 4
|
.25
|
.35
|
.40
|
|
Class 3
|
.30
|
.40
|
.50
|
|
Class 2
|
.30
|
.40
|
.50
|
|
Class 1
|
.35
|
.40
|
.50
|
|
Class C
|
.35
|
.40
|
.50
|
|
Violent
|
|
|
|
|
Class 6
|
.35
|
.45
|
.55
|
|
Class 5
|
.40
|
.50
|
.60
|
|
Class 4
|
.40
|
.50
|
.65
|
|
Class 3
|
.50
|
.60
|
.70
|
|
Class 2
|
.50
|
.65
|
.75
|
|
Class 1
|
.50
|
.65
|
.75
|
|
Class C
|
.50
|
.65
|
.75
|
|
Class B
|
1.0
|
1.0
|
1.0
|
|
Class A
|
1.0
|
1.0
|
1.0
|
Each inmate shall serve at least sixty days prior to parole release. Inmates with life sentences are
not eligible for parole. An initial parole date through the application of this grid may be applied to
a life sentence only after the sentence is commuted to a term of years. A Class A or B felony
commuted to a number of years shall be applied to the Class C violent column of the grid.
Source: SL 1996, ch 158, § 31; SL 2001, ch 126, § 1; SL 2004, ch 168, § 71; SL 2006, ch 117, § 2;
SL 2006, ch 121, § 14; SL 2007, ch 141, § 2; SL 2007, ch 153, § 2; SL 2012, ch 136, § 1.
Chapter 24-15A