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40-34-108 - Maximum reduction of sentence.

40-34-108. Maximum reduction of sentence.

(a)  (1)  (A)  Notwithstanding any other provision of law to the contrary, no sentence credits authorized by § 41-21-236 or any other provision of law, or no sentence contract authorized by this chapter or any other provision of law shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty-five percent (35%).

          (B)  For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or no sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%).

     (2)  The sentencing commission shall review the effect of these provisions as part of its duties under law.

(b)  As used in this section, “sentence credits” includes any credit, whether called such or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences. The provisions of this section shall not be applicable when the powers granted pursuant to title 41, chapter 1 are in effect to reduce prison overcrowding.

[Acts 1985 (1st E.S.), ch. 5, § 52.]  

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