(SB 50)
Parole eligibility revised.
Section
1.
That
§
24-15A-19
be amended to read as follows:
24-15A-19.
In the determination of an inmate's initial parole date, two or more convictions
arising from the same transaction, for which the sentences are made to run consecutively, shall be
considered as one conviction. Two or more sentences arising from different transactions for which
the sentences are made to run consecutively shall be considered as separate convictions. For a
person receiving two or more sentences which are made to run consecutively, time to serve to
initial parole shall be calculated individually for each sentence then added to determine actual first
parole date. In cases of different transactions, at least one occurring prior to July 1, 1996, and at
least one occurring on or after July 1, 1996, time to initial parole shall be calculated by adding the
time to serve to initial parole on transactions occurring on or after July 1, 1996, to the parole
eligibility date of the transactions occurring prior to July 1, 1996, unless the subsequent transaction
is a result of a crime committed as an inmate pursuant to § 24-15A-20.
Section
2.
That
§
24-15A-32
be amended to read as follows:
24-15A-32.
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, 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,
and
threatening to commit a sexual
offense as defined in § 22-22-45
, and abuse or neglect of a disabled adult as defined in
§
22-46-2
:
|
Felony Convictions
|
|||
|
Felony Class
|
First
|
Second
|
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 |