The 85% Rule
Understanding Truth in Sentencing Laws
Truth in Sentencing (TIS) laws, commonly known as the "85% Rule," require that convicted offenders serve a substantial portion of their prison sentence before becoming eligible for parole or early release. Under these laws, violent offenders typically must serve at least 85% of their imposed sentence.
These laws were established at the federal level through the Violent Crime Control and Law Enforcement Act of 1994, which offered federal grants to states that adopted TIS requirements.
Sentence Calculation
If a defendant is sentenced to 20 years in prison for a violent offense in a state with truth in sentencing laws, they must serve a minimum of 17 years (85% of 20 years) before being eligible for release.
Good Time Credits
Truth in sentencing laws significantly limit or eliminate "good time" credits that traditionally allowed early release for good behavior. In TIS states, good time credits may only reduce sentences by a maximum of 15%.
Applicable Offenses
TIS laws typically apply to violent offenses including murder, manslaughter, rape, robbery, aggravated assault, and kidnapping. Some states extend these requirements to additional serious felonies.
The following 46 states and jurisdictions have adopted truth in sentencing laws requiring violent offenders to serve at least 85% of their sentence:
Prison Population
Truth in sentencing laws have significantly increased prison populations and lengths of incarceration, leading to higher costs for state corrections systems.
Sentencing Discretion
These laws limit judicial discretion in sentencing and parole board authority to grant early release based on rehabilitation or changed circumstances.
Federal vs. State
While federal law encouraged states to adopt 85% rules through grant incentives, each state's specific implementation varies. Some states apply TIS to broader categories of offenses, while others limit it strictly to violent crimes.
State-Specific Variations: While 35 jurisdictions have adopted truth in sentencing requirements, the specific implementation, applicable crimes, and exact percentage requirements may vary by state.
Retroactive Application: TIS laws typically apply to crimes committed after the law's enactment date and are not retroactively applied to earlier convictions.
Parole Elimination: Some states have eliminated parole entirely for certain offenses, requiring 100% of the sentence to be served.
Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Truth in sentencing laws vary significantly by jurisdiction and are subject to change. Always consult with a qualified attorney for legal guidance specific to your situation.