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Is it true inmates with 85% sentences will get 65%?

Hayward, CA |
Filed under: Criminal defense

im just curious to know and if so how does this process work? my fiance is in san quentin reception and has a 32 month sentence. He said some people on his tier had theirs dropped to 65% by the counselors. Will he qualify for this?

Attorney Answers 2


  1. Inmates sent to state prison for one of the violent felonies listed in Penal Code 667.5(c) have to serve 85% of their sentences before becoming eligible for parole. This is a California state law and prison counselors do not have authority to overrule it.

    Sometimes prison counselors will find that the court made a mistake in sentencing. For instance, they may think an offense qualifies as a violent felony when it does not.

    However, there is no way to make a violent felon eligible for parole afte serving 65% of their time.


  2. If he's serving time for an offense categorized as a serious/violent felony within the meaning of applicable Penal Code provisions that govern sentencing, he will not get a reduction - since the 85% is required by state law.

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