OUJI-CR 10-13B

REQUIRED SERVICE OF 85% OF SENTENCE WHERE LIFE IMPRISONMENT IS AN OPTION

A person convicted of [Specify Crime in 21 O.S. Supp. 2019, § 13.1] shall be required to serve not less than eighty-five percent (85%) 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 eighty-five percent (85%) of the sentence imposed.

If a person is sentenced to life imprisonment, the calculation of eligibility for parole is based upon a term of forty-five (45) years, so that a person would be eligible for consideration for parole after thirty-eight (38) years and three (3) months. However, if a person is not granted parole, he or she will be imprisoned for the remainder of his or her natural life while serving a sentence of life imprisonment.

Notes on Use

The Oklahoma Court of Criminal Appeals directed trial courts to use this Instruction in Runnels v. State, 2018 OK CR 27, ¶ 35, 426 P.3d 614, 621.

(2019 Supp.)