OKLAHOMA PRISON SENTENCE AND PAROLE CALCULATOR
INSTRUCTIONS
This calculator provides an estimate of the amount of time an inmate will serve from the date of sentencing. It has been prepared by a criminal defense attorney who also has a vast amount of experience calculating sentences (while serving as General Counsel for the Department of Corrections). This calculator factors in the credit-level system and the number of credits an inmate receives by being assigned to a certain credit level. This calculator presumes that the inmate progresses in credit levels (at the time intervals provided by statute and DOC policy). It also presumes that the inmate is neither demoted in credit level during the term of incarceration nor has credits revoked for misconduct violations.
Use this calculator at your own risk. This is intended to be a helpful guide to see approximately how long an inmate will serve in DOC custody upon receiving a specific sentence and to approximate when said inmate will be eligible for parole; however, it should not be relied on in lieu of receiving an official calculation from the Oklahoma Department of Corrections (DOC) and Pardon and Parole Board (P&P Board). DOC is the agency tasked with determining the official calculation of an in-custody sentence in Oklahoma, and the P&P Board is the agency tasked with determining the official calculation for when an inmate will be eligible for parole.
The calculator is divided into four types of calculations, with each type providing the calculation in years and days (from the date of sentencing), an estimated release date, and an estimated parole eligibility date. If you have any questions, contact the Cincotta Law Office, PLLC to learn more.
NORMAL CALCULATION
The first calculation is the Normal Calculation. This applies to the vast majority of inmates in the custody of DOC. The exceptions to this default calculation are inmates who are eligible for enhanced credits and those who have sentences subject to the 85% rule. Other exceptions are for sentences for Trafficking in Illegal Drugs and State RICO statutes. For Trafficking in Illegal Drugs, the parole eligibility date provided in the calculator above provides an accurate estimate for an inmate's first sentence for Trafficking in Illegal Drugs; however, the inmate cannot be released on credits until serving 50% of the sentence. For a second or subsequent conviction for trafficking, the inmate must serve 50% of the sentence before being eligible for parole or release on credits. The other exception involves sentences under the State RICO statutes, which provide that the inmate must serve 50% of the sentence before being eligible for parole or release on credits.
ENHANCED-CREDIT CALCULATION
The second calculation is the Enhanced-Credit Calculation. To receive enhanced credits, an inmate cannot have been convicted (ever) as an adult or youthful offender or adjudicated delinquent as a juvenile in Oklahoma (or in another state, the United States, or a military court) of any of the specific felony offenses provided by statute. If the inmate has ever been convicted of one of the offenses listed, you should ignore the enhanced credit calculation.
See the list of felony offenses that prevent an inmate from received enhanced credits
50% CALCULATION
The third calculation is for those inmates serving a sentence in which he/she is required to serve 50% of the sentence before being eligible for release on credits and/or parole. If the Normal Calculation has a projected release date after the 50% Calculation, then the Normal Calculation will be used; however, if the Normal Calculation has a projected release date before the 50% Calculation, then the 50% Calculation will be used.
A common sentence that is subject to this rule is Trafficking (if the crime was committed on or after November 1, 2018). With a first offense Trafficking sentence, the inmate is subject to serving 50% of the sentence before being eligible for release on credits; however, the parole eligibility would be determined under the Normal Calculation. A second or subsequent sentence for Trafficking requires 50% of the sentence to be served before the inmate can be released on credits or parole.
85% CALCULATION
The fourth calculation is for those inmates serving a sentence subject to the 85% rule. The 85% rule essentially prevents an inmate from being released from custody - by DOC through the application of credits or released on parole - prior to serving 85% of the sentence imposed. The sentences subject to this rule are those contained in statute.
ACHIEVEMENT CREDITS EXCLUDED
The calculator does not include achievement credits that inmates receive for completing education, substance abuse, and other programs, which will cause the sentence to be served faster. Achievement credits, like earned credits, have no bearing on parole eligibility, but they do impact DOC's calculation of the time remaining to be served.
LIST OF FELONY OFFENSES
PROHIBITING ENHANCED CREDITS
Assault, battery, or assault and battery with a dangerous weapon as defined by Section 645, subsection C of Section 652 of Title 21 or Section 2-219 of Title 43A of the Oklahoma Statutes
Aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law as defined by Section 650, subsection C of Section 650.2, 650.5, subsection B of Section 650.6, or subsection C of Section 650.7 of Title 21 of the Oklahoma Statutes
Poisoning with intent to kill as defined by Section 651 of Title 21 of the Oklahoma Statutes
Shooting with intent to kill as defined by Section 652 of Title 21 of the Oklahoma Statutes
Assault with intent to kill as defined by Section 653 of Title 21 of the Oklahoma Statutes
Assault with intent to commit a felony as defined by Section 681 of Title 21 of the Oklahoma Statutes
Assaults while masked or disguised as defined by Section 1303 of Title 21 of the Oklahoma Statutes
Entering premises of another while masked as defined by Section 1302 of Title 21 of the Oklahoma Statutes
Murder in the first degree as defined by Section 701.7 of Title 21 of the Oklahoma Statutes
Solicitation for Murder in the first degree as defined by Section 701.16 of Title 21 of the Oklahoma Statutes
Murder in the second degree as defined by Section 701.8 of Title 21 of the Oklahoma Statutes
Manslaughter in the first degree as defined by Section 711, 712 or 714 of Title 21 of the Oklahoma Statutes
Manslaughter in the second degree as defined by Section 716 or 717 of Title 21 of the Oklahoma Statutes
Kidnapping as defined by Section 741 of Title 21 of the Oklahoma Statutes;
Burglary in the first degree as defined by Section 1431 of Title 21 of the Oklahoma Statutes
Burglary with explosives as defined by Section 1441 of Title 21 of the Oklahoma Statutes
Kidnapping for extortion as defined by Section 745 of Title 21 of the Oklahoma Statutes
Maiming as defined by Section 751 of Title 21 of the Oklahoma Statutes
Robbery as defined by Section 791 of Title 21 of the Oklahoma Statutes
Robbery in the first degree as defined by Section 797 of Title 21 of the Oklahoma Statutes
Robbery in the second degree as defined by Section 797 of Title 21 of the Oklahoma Statutes
Armed robbery as defined by Section 801 of Title 21 of the Oklahoma Statutes
Robbery by two or more persons as defined by Section 800 of Title 21 of the Oklahoma Statutes
Robbery with dangerous weapon or imitation firearm as defined by Section 801 of Title 21 of the Oklahoma Statutes
Any crime against a child provided for in Section 843.5 of Title 21 of the Oklahoma Statutes;
Wiring any equipment, vehicle or structure with explosives as defined by Section 849 of Title 21 of the Oklahoma Statutes
Forcible sodomy as defined by Section 888 of Title 21 of the Oklahoma Statutes
Rape in the first degree as defined by Sections 1111 and 1114 of Title 21 of the Oklahoma Statutes
Rape in the second degree as defined by Sections 1111 and 1114 of Title 21 of the Oklahoma Statutes
Rape by instrumentation as defined by Section 1111.1 of Title 21 of the Oklahoma Statutes
Lewd or indecent proposition or lewd or indecent act with a child as defined by Section 1123 of Title 21 of the Oklahoma Statutes
Sexual battery of a person over 16 as defined by Section 1123 of Title 21 of the Oklahoma Statutes
Use of a firearm or offensive weapon to commit or attempt to commit a felony as defined by Section 1287 of Title 21 of the Oklahoma Statutes;
Pointing firearms as defined by Section 1289.16 of Title 21 of the Oklahoma Statutes
Rioting as defined by Section 1311 or 1321.8 of Title 21 of the Oklahoma Statutes
Inciting to riot as defined by Section 1320.2 of Title 21 of the Oklahoma Statutes
Arson in the first degree as defined by Section 1401 of Title 21 of the Oklahoma Statutes
Endangering human life during arson as defined by Section 1405 of Title 21 of the Oklahoma Statutes
Injuring or burning public buildings as defined by Section 349 of Title 21 of the Oklahoma Statutes
Sabotage as defined by Section 1262, 1265.4 or 1265.5 of Title 21 of the Oklahoma Statutes
Extortion as defined by Section 1481 or 1486 of Title 21 of the Oklahoma Statutes
Obtaining signature by extortion as defined by Section 1485 of Title 21 of the Oklahoma Statutes
Seizure of a bus, discharging firearm or hurling missile at bus as defined by Section 1903 of Title 21 of the Oklahoma Statutes
Mistreatment of a vulnerable adult as defined by Section 843.1 of Title 21 of the Oklahoma Statutes
Sex offender providing services to a child as defined by Section 404.1 of Title 10 of the Oklahoma Statutes
A felony offense of domestic abuse as defined by subsection C of Section 644 of Title 21 of the Oklahoma Statutes
Prisoner placing body fluid on government employee as defined by Section 650.9 of Title 21 of the Oklahoma Statutes
Poisoning food or water supply as defined by Section 832 of Title 21 of the Oklahoma Statutes
Trafficking in children as defined by Section 866 of Title 21 of the Oklahoma Statutes
Incest as defined by Section 885 of Title 21 of the Oklahoma Statutes
Procure, produce, distribute, or possess juvenile pornography as defined by Section 1021.2 of Title 21 of the Oklahoma Statutes
Parental consent to juvenile pornography as defined by Section 1021.3 of Title 21 of the Oklahoma Statutes
Soliciting minor for indecent exposure as defined by Section 1021 of Title 21 of the Oklahoma Statutes
Distributing obscene material or child pornography as defined by Section 1040.13 of Title 21 of the Oklahoma Statutes
Child prostitution as defined by Section 1030 of Title 21 of the Oklahoma Statutes
Procuring a minor for prostitution or other lewd acts as defined by Section 1087 of Title 21 of the Oklahoma Statutes
Transporting a child under 18 for purposes of prostitution as defined by Section 1087 of Title 21 of the Oklahoma Statutes
Inducing a minor to engage in prostitution as defined by Section 1088 of Title 21 of the Oklahoma Statutes
A felony offense of stalking as defined by subsection D of Section 1173 of Title 21 of the Oklahoma Statutes
Spread of infectious diseases as defined by Section 1192 of Title 21 of the Oklahoma Statutes
Advocate overthrow of government by force, commit or attempt to commit acts to overthrow the government, organize or provide assistance to groups to overthrow the government as defined by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma Statutes
Feloniously discharging a firearm as defined by Section 1289.17A of Title 21 of the Oklahoma Statutes
Possession, use, manufacture, or threat of incendiary device as defined by Section 1767.1 of Title 21 of the Oklahoma Statutes
Causing a personal injury accident while driving under the influence as defined by Section 11-904 of Title 47 of the Oklahoma Statutes
Using a motor vehicle to facilitate the discharge of a firearm as defined by Section 652 of Title 21 of the Oklahoma Statutes
Sources:
Title 57, Section 138(E) of the Oklahoma Statutes
DOC Operating Procedure OP-060211
LIST OF FELONY OFFENSES
SUBJECT TO THE 85% RULE
First degree murder as defined in Section 701.7 of this title
Second degree murder as defined by Section 701.8 of this title
Manslaughter in the first degree as defined by Section 711 of this title
Poisoning with intent to kill as defined by Section 651 of this title
Shooting with intent to kill as provided for in Section 652 of this title
Use of a vehicle to facilitate use of a firearm, crossbow or other weapon as provided for in Section 652 of this title
Assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm as provided for in Section 652 of this title
Assault with intent to kill, as provided for in Section 653 of this title
Conjoint robbery as defined by Section 800 of this title
Robbery with a dangerous weapon as defined in Section 801 of this title
First degree robbery as defined in Section 797 of this title
First degree rape as provided for in Section 1111, 1114 or 1115 of this title
First degree arson as defined in Section 1401 of this title
First degree burglary as provided for in Section 1436 of this title
Bombing as defined in Section 1767.1 of this title
Any crime against a child provided for in Section 843.5 of this title
Forcible sodomy as defined in Section 888 of this title
Child pornography or aggravated child pornography as defined in Section 1021.2, 1021.3, 1024.1, 1024.2 or 1040.12a of this title
Child prostitution as defined in Section 1030 of this title
Lewd molestation of a child as defined in Section 1123 of this title
Abuse of a vulnerable adult as defined in Section 10-103 of Title 43A of the Oklahoma Statutes
Aggravated trafficking as provided for in subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes
Aggravated assault and battery upon any person defending another person from assault and battery
Human trafficking as provided for in Section 748 of this title
Sources:
Title 21, Section 13.1 of the Oklahoma Statutes
DOC Operating Procedure OP-060211
DOC PROGRAMS WITH ACHIEVEMENT CREDITS
PROGRAMS | CREDITS |
---|---|
Food Service Apprenticeship Program - Skill 5 | 25 |
Food Service Apprenticeship Program - Skill 4 | 25 |
Food Service Apprenticeship Program - Skill 3 | 10 |
Food Service Apprenticeship Program - Skill 2 | 10 |
Food Service Apprenticeship Program - Skill 1 | 10 |
RISE - Master Instructor License | 80 |
RISE - Cosmetology License | 80 |
MBCC - School of Cosmetology (RISE) Professional Development for Instructors Course | 20 |
MBCC - School of Cosmetology (RISE) Basic Teaching Skill in Beauty and Wellness Discipline Course | 10 |
MBCC - School of Cosmetology (RISE) Basic Teaching Skills Course | 30 |
MBCC - School of Cosmetology (RISE) Business Skills Course | 10 |
MBCC - School of Cosmetology (RISE) Nail Care Course | 10 |
MBCC - School of Cosmetology (RISE) Skin Care Course | 10 |
MBCC - School of Cosmetology (RISE) Hair Care Course | 20 |
MBCC - School of Cosmetology (RISE) General Science Course | 30 |
LCF - Culinary Arts Cabinet Making Basic Computer Skills - 601-960+ (completed contact hours) | 80 |
LCF - Culinary Arts Cabinet Making Basic Computer Skills - 301-600 (completed contact hours) | 60 |
LCF - Culinary Arts Cabinet Making Basic Computer Skills - 0-300 (completed contact hours) | 30 |
DCF - Building Maintenance Technology, Horticulture/Landscape Management, and Computerized information Processing - 601-960+ (completed contact hours) | 80 |
DCF - Building Maintenance Technology, Horticulture/Landscape Management, and Computerized information Processing - 301-600 (completed contact hours) | 60 |
OSP Step-Down Program | 30 |
Ideas for Better Communication | 10 |
Matrix Intensive Outpatient Treatment for People with Stimulant Use Disorders (SAMHSA curriculum) (03/2019) | 20 |
Partners In Parenting | 15 |
Seeking Safety | 30 |
Straight Ahead: Transition Skills for Recovery (03/2019) | 10 |
Transition 2 Community (T2C) (02/01/2020) | 30 |
Unlock Your Thinking, Open Your Mind | 10 |
Victim Impact – Listen and Learn | 30 |
Within My Reach | 30 |
Character First Community | 20 |
Principal Life Skills | 30 |
Common Sense Ideas for HIV Prevention & Sexual Health | 10 |
Getting Ahead While Getting Out | 20 |
Prevention and Relationship Enhancement Program (PREP) | 30 |
TEEM (Reentry (TEEM only)) | 15 |
Nurturing Parenting | 30 |
ServSafe (OKCCCC, OKC CCC & Union City CCC only) | 30 |
Goodwill Industries Community Corrections Re-entry Employment Preparation Program | 15 |
DCF - Building Maintenance Technology, Horticulture/Landscape Management, and Computerized information Processing - 0-300 (completed contact hours) | 30 |
Associates for Success | 30 |
Building Social Networks | 10 |
Cage Your Rage | 30 |