OUJI-CR 10-13A
REQUIRED SERVICE OF PERCENTAGE OF SENTENCE
A person convicted of [Specify Crime in 21 O.S. Supp. 2024, § 13.1, 20L, 20M, 20N, 20O, or 20P] in Count [Specify Number] shall be required to serve not less than [Specify Applicable Percentage] of the sentence imposed before becoming eligible for consideration for parole and shall not be eligible for any credits that will reduce the length of imprisonment to less than [Specify Applicable Percentage] of the sentence imposed.
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Statutory Authority: 21 O.S. Supp. 2024, § 13.1
Notes on Use
This Instruction should be given only for counts where the applicable percentages are fixed for the particular case. If there are prior convictions, the applicable percentage may change depending on the classification and number of the prior convictions. See OUJI-CR 10-17, 10-19, and 10-21, infra.
This Instruction must be given in trials for crimes specified in 21 O.S. Supp. 2024, §§ 13.1 20L, 20M, 20N, 20O, or 20P that occurred after the effective date of the inclusion of the offense in the statute. Anderson v. State, 2006 OK CR 6, ¶ 24, 130 P.3d 273, 282-283. There are also other statutes besides 21 O.S. Supp. 2024, § 13.1 that mandate limitations on parole and credits. See, e.g., 21 O.S. 2021, § 801 (robbery with dangerous weapon – minimum of ten years); 47 O.S. 2021, § 1503(J) (operation of chop shop – minimum of 1 year); 63 O.S. Supp. 2024, § 2-401(G) (manufacture of controlled dangerous substance – 85%); 63 O.S. 2021, § 2-415(D) (trafficking in a controlled dangerous substance – 50%). This Instruction should be modified as appropriate to incorporate the crimes in these statutes. If life imprisonment is an option, OUJI-CR 10-13B should be used instead of this Instruction.
If there are multiple counts where this Instruction is applicable, the pattern for this instruction should be repeated for each count.
Committee Comments
In Anderson v. State, 2006 OK CR 6, ¶ 24, 130 P.3d 273, 282-283, the Oklahoma Court of Criminal Appeals referred to the current policy of the Oklahoma Pardon and Parole Board and stated that "parole for any sentence over 45 years ... is calculated based upon a sentence of 45 years." The Anderson case involved a life sentence, however, and so, this statement was not a part of the Court's holding. Section 13.1 as well as the other statutes that mandate limitations on parole and credits do not provide exceptions for sentences for over 45 years. Accordingly, the Committee has concluded that this Instruction should be given even if the possible sentence is for more than 45 years.
Because Anderson did not address the issue of the possibility of commutation of a sentence by the Governor upon a recommendation by a majority of the Pardon and Parole Board, in accordance with Okla. Const. Art. 6, § 10, this Instruction does not address this issue.
(2025 Supp.)
Historical data
Amended by order of the Oklahoma Court of Criminal Appeals, 2025 OK CR 13; effective September 12, 2025. (superseded document available)