The 1/3 you are referring to is for probation, not jail time. Someone can apply to get off probation early if they complete 1/3 or 2 years of their probation, whichever is less. For jail time, it depends on the offense and what level of the justice system you are in. Federal cases usually do 85% of their time. State cases that are 3G or affirmative finding of deadly weapon have to serve 50%. All other cases depends, but can be as low as 10% of the jail sentence depending on what they accomplished in jail
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If you are talking about parole, the person does whatever amount of time it takes to become eligible under the rules in force at the time of his offense. Once eligible, a parole board makes a decision on whether to grant parole or not. If parole is not granted, most times there is a 2 year set off from the initial denial. There is no appeal.
If you want to try to ensure the earliest possible parole, hire a lawyer who specializes in putting together parole packets.
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