Oklahoma's 85 Percent Crimes: Offenses and Sentencing Rules

What Is an 85 Percent Crime in Oklahoma?

An 85 percent crime is an offense covered by Oklahoma's mandatory minimum prison service requirement in 21 O.S. § 13.1. A person sentenced to prison for one of these offenses must serve at least 85 percent of the sentence imposed before becoming eligible for parole consideration. Earned credits and other sentence credits cannot reduce the sentence below that 85 percent minimum.

For example, a defendant who receives a twenty (20) year prison sentence for an 85 percent crime must serve at least seventeen (17) years before becoming eligible for parole consideration under this rule. That does not mean the person will automatically be released after seventeen (17) years. Parole consideration and actual release are different matters.

Complete List of Oklahoma's 85 Percent Crimes

Oklahoma law identifies twenty-four numbered offense categories subject to the 85 percent requirement. Several categories include more than one form of criminal conduct or cite multiple statutory provisions. The following chart follows the current offense categories in 21 O.S. § 13.1. The statutory references identify the crimes covered by the law, while the offense names provide a useful starting point for understanding the charges.

Statutory source: 21 O.S. § 13.1 — Required Service of Minimum Percentage of Sentence.

The list also includes attempts, conspiracies, and solicitations to commit the covered offenses, subject to the law applicable to the particular offense and date. Since the statute has been amended repeatedly, a charge involving older conduct requires attention to the version of the law that was in effect when the offense occurred.

How Much of an 85 Percent Sentence Must Be Served?

The calculation begins with the prison sentence imposed by the court. The defendant must serve at least 85 percent before becoming eligible for parole consideration under § 13.1.

The following examples show the basic calculation.

These calculations illustrate the 85 percent requirement for fixed term prison sentences. They do not determine an individual's actual release date, account for every sentence administration issue, or establish when parole will be granted. A criminal sentence also has to be understood in the context of the specific charge and the legally available punishment. The 85 percent rule does not itself establish the prison sentence for an offense. Instead, it dictates how much of an imposed sentence must be served before parole consideration.

Earned Credits and Parole Eligibility Are Not the Same Thing

Two questions frequently arise when someone receives a prison sentence: Can the person earn credits that shorten the sentence, and when will the person become eligible for parole? For Oklahoma's 85 percent crimes, § 13.1 restricts both. A person cannot receive parole consideration before serving the required 85 percent, and sentence credits cannot reduce the length of the sentence below that minimum.

Prison programs, work assignments, institutional conduct, and other correctional matters may still have significance under applicable Department of Corrections rules. They do not eliminate the 85 percent requirement for a covered sentence.

Does Serving 85 Percent Mean Automatic Release?

No. Reaching the 85 percent threshold makes a person eligible for parole consideration under this statute; it does not require the State to release the person. Parole depends on the applicable laws, the person's sentence, and decisions made through the parole process. Someone may serve more than 85 percent of a sentence or complete the sentence without receiving parole.

Can Good Time Credits Reduce an 85 Percent Sentence?

Credits cannot reduce the sentence below the statutory 85 percent minimum. A person convicted of an offense covered by § 13.1 does not become eligible for release after serving a substantially smaller percentage merely by accumulating earned credits. The precise treatment of credits beyond that minimum, along with other sentence-administration questions, depends on the applicable laws and Department of Corrections rules.

Do Attempted Crimes, Conspiracies, and Solicitation Also Count?

Yes, under the current version of § 13.1, attempts, conspiracies, and solicitations involving the listed offenses are included in the 85 percent requirement. The precise charge and date of the alleged conduct must still be examined. This is particularly important because Oklahoma's treatment of attempted offenses has changed. Older convictions cannot automatically be analyzed under the same rule that governs conduct occurring after the relevant amendments.

The charge as filed also matters. An attempt, a completed offense, and a conspiracy are distinct allegations, even when they arise from the same underlying investigation. The correct analysis begins with the actual statute charged and the law applicable to the alleged offense.

Are Oklahoma's 85 Percent Crimes the Same as Violent Crimes?

No. Oklahoma has more than one statutory list of serious offenses, and those lists serve different purposes. The 85 percent offenses are listed in 21 O.S. § 13.1. Oklahoma also maintains a separate statutory list of violent crimes in 57 O.S. § 571. The two lists overlap, but they are not identical. The difference is especially important when evaluating sentencing restrictions, expungement eligibility, and other consequences that depend on a particular statutory classification. An offense is not an 85 percent crime simply because it is commonly described as “violent,” and the 85 percent designation should not be confused with the separate violent crime classification.

How Does the 85 Percent Rule Affect Plea Negotiations?

The 85 percent designation is an important part of evaluating a plea offer. Two sentences of the same length can have very different practical consequences when one involves a covered offense and the other does not. Consider a case in which prosecutors offer a defendant a negotiated prison sentence on a charge covered by § 13.1. The defendant needs to understand not only the number of years being offered but also the minimum time that must be served before parole consideration.

Negotiating a plea to a different offense can significantly change how much prison time a defendant must serve. A shorter sentence for an 85 percent crime still requires the defendant to serve at least 85 percent before becoming eligible for parole consideration, while a plea to an offense that is not subject to the 85 percent rule may allow an earlier release.

This is one reason Rob Henson examines the actual charge, the evidence supporting it, the available legal alternatives, and the punishment consequences when evaluating a proposed resolution. A plea decision requires an understanding of what the State can prove and what the resulting judgment will mean in practice.

Does Every Serious Oklahoma Felony Carry an 85 Percent Requirement?

No. Oklahoma has many serious felony offenses that are not included in the § 13.1 list. A long potential prison sentence does not, by itself, make an offense an 85 percent crime. For example, Oklahoma law distinguishes ordinary drug trafficking from aggravated drug trafficking. Aggravated drug trafficking appears expressly in § 13.1, but that does not mean every drug distribution, manufacturing, or ordinary trafficking conviction is an 85 percent offense.

The same need for precision applies to assault charges, burglary offenses, and other serious felonies. The degree of the offense, the statutory subsection, and the actual charge can determine whether the 85 percent rule applies.

The Felonies, Drug Crimes, Burglary, and Assault and Battery resources explain the broader categories of Oklahoma charges and how related offenses differ.

How Does the Offense Date Affect the 85 Percent Rule?

Oklahoma has amended § 13.1 several times, including changes affecting the offenses covered and the treatment of attempts, conspiracies, and solicitations. The current statutory list should not be applied automatically to every historical conviction. The date of the alleged offense is important because laws that increase punishment or impose additional sentencing restrictions cannot simply be applied retroactively when doing so would violate constitutional protections. A person sentenced under an earlier version of the law may have different sentence administration rights from someone convicted for conduct governed by the current statute.

For an older conviction, determining whether the 85 percent rule applies requires examining the date of the offense, the specific charge, the law in effect at that time, and the judgment and sentence entered by the court.

Understanding the Rest of an Oklahoma Criminal Sentence

The 85 percent requirement is only one part of Oklahoma sentencing law. Other questions include whether imprisonment is mandatory, whether a suspended or deferred sentence is legally available, what punishment range applies, and whether prior convictions change the available sentencing options.

A deferred sentence is different from a suspended sentence, and neither should be confused with eligibility for parole after a prison sentence has been imposed. Oklahoma's felony classification laws also affect the punishment available for many offenses, making the exact statute and offense date important.

For a broader explanation, see Types of Oklahoma Sentences: Deferred, Suspended, Jail, and Prison Time. The Oklahoma Criminal Defense Guide and Resources also addresses the criminal court process, plea negotiations, constitutional rights, and sentencing.