This table describes, in broad strokes, what proportion of a criminal sentence is generally served in each state. We conducted this research at the request of advocates who were interested in the general landscape of "truth-in-sentencing" statutes today, and the range of time, at a minimum, expected to be served in each state, depending on the crime of conviction. This table reflects publicly available information about criminal sentences as of May 2026. It does not cover every scenario, nor does it track all legislative changes in each state. Readers are encouraged to use the source links provided in addition to current state statutes to confirm the information found here.
| State | Sentencing Structure for Most Felonies | Typical % to Serve | Sources | Year implemented |
|---|---|---|---|---|
| Alabama | Indeterminate | 33% (or 10 years, whichever is less) for sentences over 15 years; 85% (or 15 years, whichever is less) for the most serious crimes (class A felonies); 100% of the minimum sentence, which could be immediately upon admission if sentence is short; initial parole consideration can be set as low as 12% of maximum given maxed-out time credits; "incentive time credits" are deducted from maximum sentence, not minimum | Ala. state statute Robina Institute | |
| Alaska | Indeterminate | 25-33% for discretionary parole (about one-third of felony offenders in prison can apply for discretionary parole) | ACLU Alaska | |
| Arizona | Determinate | 85% | Ariz. state legislature | 1994 |
| Arkansas | Indeterminate | 25%, 50%, 85%, or 100% depending on the conviction | 5 News Online Arkansas Advocate | 2024 (from Protect AK act passed in 2023) |
| California | Determinate | 50% if maximum good conduct credit, nonviolent offense to move mandatory release date up; 66.6% if maximum good conduct credit, violent offense to move mandatory release date up; additional credits are available for programs, education, etc. that can move up mandatory release date | California Policy Lab Robina Institute | 1976 |
| Colorado | Indeterminate | 75% for certain violent offenses if previously convicted of a violent crime and current crime occurred before 1/1/2025; 85% for certain violent offenses that occurred after 1/1/2025; 100% if twice previously convicted of a violent crime | Colorado Newsline Colo. state statute | |
| Connecticut | Indeterminate | 85% for violent crimes | Robina Institute | |
| D.C. | Determinate | 87% of judicial maximum given full credits; could be closer to 67% for nonviolent offenses with additional program completion (using a 5 year sentence as an example); good time accrues at the same rate as the federal system: 54 days per year | Robina Institute | |
| Delaware | Determinate | 75% for all crimes | Delaware Sentencing Accountability Commission Robina Institute | 1990 |
| Florida | Determinate | 85% for all crimes; in other words,"gaintime" can only reduce sentence down to 85% | Right on Crime | 1983 |
| Georgia | Indeterminate | 33.3% for most parole-eligible people; 100% for the most serious crimes | Ga. Board of Pardons and Paroles | |
| Hawaii | Indeterminate | No percentage specified. Parole board holds initial release hearing at least one month before minimum term is reached | Robina Institute | |
| Idaho | Indeterminate | 100% of minimum; judges have wide discretion to set minimum and maximum close together or far apart | Robina Institute | |
| Illinois | Determinate | Many tiers: 50%, 60%, 75%, 85%, and 100%; most people serving sentences where truth-in-sentencing applies are in the 50% tier | Restore Justice | 1998 |
| Indiana | Determinate | 75% for most crimes; 25% is earliest mandatory release for class A felonies after earning all available credits; 62.5% for class B felonies with all available credits; 86% for class C felonies with all available credits | Robina Institute | |
| Iowa | Indeterminate | 70% for about 7 of the most serious crimes, also known as class B sentences; most people have class A sentences which allow for 1.2 days credit for every day of good conduct, which leads to approx. 45% minimum time to serve; 100% of a minimum 7-year sentence for a third felony conviction | Iowa state legislature Iowa state statute | 2003 |
| Kansas | Determinate | 85% for many crimes; 80% for some lower severity level crimes; in the source link, this is explained as a maximum of 15% or 20% good time credit earned for these tiers | Kansas Sentencing Commission | |
| Kentucky | Indeterminate | 85% for class A or B felonies, if violent; 50% for A and B violent felonies that occurred between 7/15/86 and 7/15/98; 20% for most nonviolent offenses; 20 years for life sentences | Ky. state statute | |
| Louisiana | Determinate | 85% regardless of offense category; 100% for "habitual offender" or sex-related crimes | Claiborne Parish Journal La. state statute | |
| Maine | Determinate | No standard percentage available; current good time law described as "earn as you go" allowing a maximum 7 days per month (e.g., on a 5-year sentence, one could serve 4 years or 80%); for sentences less than 5 years, must serve 50% before for being eligible for SCCP, the postrelease supervision program; for sentences greater than 5 years, must serve 67% (two-thirds) before being eligible for SCCP (must also be no more than 30 months out from end of sentence) | Maine state statute | |
| Maryland | Indeterminate | The greater of: (1) 25% of the incarcerated individual's aggregate sentence; or (2) a period equal to the term during which the incarcerated individual is not eligible for parole; or, if serving multiple sentences including a violent one, serve 50% | Md. state statute | |
| Massachusetts | Indeterminate | If serving a House of Correction sentence (i.e., less than 2.5 years): 50% of total aggregate term or 2 years, whichever is less; if serving state prison sentence, serve minimum minus good time and completion credit, which can be up to 15 days per month (good time) and up to 17.5% of maximum sentence (completion credit) | Mass. DOC policy State senator website | |
| Michigan | Indeterminate | Serve full minimum sentence - no good time or earned time to deduct | Dec. 15, 1998 (assaultive crimes); Dec. 15, 2000 (all other crimes) | |
| Minnesota | Determinate | Typically, 67% (two-thirds) minus "earned incentive release credits" | Minn. legislative report | |
| Mississippi | Indeterminate | 25% for nonviolent crimes; 60% for armed robbery, drive by shooting, or carjacking; 50% for other violent crimes | Miss. court system FWD.us | |
| Missouri | Indeterminate | 85% for "dangerous felonies"; anywhere from 15% to 50% of sentence for lower felony classes; starting Jan. 1, 2028, 70% for Class A felonies | Missouri Independent Fox 4 Kansas City | |
| Montana | Indeterminate | Typically 25%; 30 years for life sentences; no good or earned time available; judge can add a "restriction" that someone must serve longer than the minimum, or delay parole eligibility altogether | Mont. state statute Robina Institute | |
| Nebraska | Indeterminate | 50% (good time can reduce sentence up to 50%) | Neb. judicial branch | |
| Nevada | Indeterminate | Before 1995, serve 33% (one-third) before becoming eligible for parole; after 1995, must serve 100% of minimum minus good time, no less than 42% of minimum after deductions | Nev. state statute Nev. state statute Nev. DOC report | |
| New Hampshire | Indeterminate | Must serve 100% of minimum sentence with no good time; 150 days are added to one's minimum sentence for every year of their minimum sentence. Each year free of discipline gets 150 days off of the minimum time to serve. | NH Dept. of Justice | |
| New Jersey | Indeterminate | 85% for most serious offenses (20 enumerated offenses); 100% of minimum for other sentences | NJ state legislature | 1997 (the No Early Release Act, or NERA) |
| New Mexico | Determinate | 100% of maximum minus earned credit time; can be 35-50% of maximum for nonviolent crimes or 63-88% for serious violent offenses, with higher probabilities of experiencing the higher end of those ranges | Robina Institute | |
| New York | Indeterminate | 85% for violent felony offenses (VFOs); 100% of minimum for other sentences; good time can be up to 33% (one-third) of minimum sentence for A through I felony classes (indeterminate), one-sixth for all other indeterminate offenses, or one-seventh of determinate sentences | NY Div. of Crim. Justice Services NYC Comptroller NY state statute | |
| North Carolina | Determinate | 100% of minimum; earned time can only reduce maximum down to minimum for most felonies (post-1994 Structured Sentencing Act); merit time available of up to 30 days per month for felonies, but cannot reduce minimum; "gain time" and good time for pre-1994 Fair Sentencing Act sentences can reduce minimum time; good time is 1 day for 1 day, so presumably 50% | NC DAC Victim Support Services NC DAC policy | |
| North Dakota | Indeterminate | Technically, no specific percentage required for most offenses. Most people are eligible for discretionary parole upon entering prison, and the parole board reviews files very soon after admission to determine a hearing date; 85% for violent offenses; sentence reduction credits at 5 days/month can reduce the maximum sentence by about 9% | Robina Institute | |
| Ohio | Determinate | 66% (two-thirds) for the most serious felonies (called "indefinite sentences") minus earned time, maxing out around 55%; approx. 82% with maxed out credits; earned time of 1 or 5 days/month, maximum 8% reduction; one-time program completion award of 90 days or 10% of sentence, whichever is less | Robina Institute | |
| Oklahoma | Indeterminate | "85% for 22 enumerated offenses (about 15% of people in prison as of FY 2019); as low as 34% for highest credit-earning tier, up to 58% if no credit is lost; earned credit tiers range from 0 to 60 credits (days)/month | FWD.us Okla. DOC resource | |
| Oregon | Determinate ("extremely high determinacy" according to Robina) | 100% of given sentence (a judicial maximum with no stated minimum) minus time credits; time credits max out at 20% of sentence, so one could earn mandatory release at 80% | Robina Institute | 1989 |
| Pennsylvania | Indeterminate | 100% of minimum, no good or earned time; judges have an unusually high degree of flexibility determining minimums, so they could be set at 0-50% of the maximum (but likely in the 40-50% range); if sentence is RRRI eligible, the person gets an "additional" minimum sentence which is three-fourths or five-sixths of the standard minimum, depending on length, and the parole board can grant or deny release at that time | Robina Institute PA state sentencing information | |
| Rhode Island | Indeterminate | One-third (33.33%) of judicial maximum; earned credits do not impact parole eligibility, but do reduce time to mandatory release; good time credits max out at 10 days/month, extra 2 days/month for prison work, extra 5 days/month for program participation | Robina Institute | |
| South Carolina | Indeterminate | 25% to parole eligibility (nonviolent); 33% to parole eligibility (violent, unless a mandatory minimum applies); 85% for "no parole" crimes: class A, B, C felonies and unclassified offenses carrying 20+ year maximum; good time reduces judicial maximum only: 20 days/month for parole-eligible crimes, 3 days/month for no-parole crimes; work and education credit may add up to 180 days/year, or 72 days/year for no-parole crimes; work credit moves up parole eligibility date | Robina Institute | |
| South Dakota | Indeterminate (though Robina notes some sentence classes have high determinacy) | 25% to 50% of judicial maximum for first parole eligibility for nonviolent felony classes; 35% to 75% of judicial maximum for first eligibility for violent felony classes; 85-100% for most serious offenses (85 given "limited discharge credits"); discharge credits are for isolated programs and actions and do not impact first parole eligibility, only mandatory release date; maxing out credits can lead to a 57% time actually served | Robina Institute | |
| Tennessee | Indeterminate | 35% to 60% of maximum to parole eligibility, depending on class and range (can be reduced for especially mitigated crimes); 70% to 100% for more serious offenses (the largest group is 85% given maximum credit earnings); credits can reduce minimum terms up to 30% and maximums/mandatory release dates: time credits, educational good time credits, and others; someone participating in the "contract sentencing program" can reduce time to serve no more than 30% | Robina Institute | 1989 Sentencing Reform Act, 2022 Truth in Sentencing law |
| Texas | Indeterminate | 25% of judicial maximum or 15 years, whichever is less, for "non-3G" sentences (lower severity); good time credits; 50% of judicial maximum or 30 years, whichever is less, for "3G" group (higher severity); not reducible by good time credits; good time credits max out at 45 days/month; realistic monthly earnings range 10-20 days/month | Robina Institute | |
| Utah | Indeterminate | No specific percentage required for parole eligible sentences; the parole board can schedule a hearing at nearly any time and grant parole before the minimum sentence is reached | Robina Institute Utah Board of Parole | |
| Vermont | Indeterminate | No specific percentage; sentencing courts have considerable discretion in setting minimum and maximum sentences (we recognize that this doesn't fully explain why there is no percentage); some "listed offenses" which are ineligible for presumptive parole become discretionary parole-eligible "within 12 months after commitment"; good time credits max out at 7 days/month, leading to a 19% reduction in minimum and maximum sentences; additional credits for residential SUD treatment and work camp participation which can lead to 50% reductions (each) | Robina Institute Vt. DOC policy Vt. state statute | |
| Virginia | Determinate | Earned sentence credits are deducted from prisoners' judicial maximum sentences to establish earlier mandatory release date; 85% for most serious offenses; approx. 87% (calculated) for this group given maximum earned credits of 4.5 days/month; approx. 67% for less serious offenses given maximum earned credits of 15 days/month; additional credits available for meritorious acts or bodily injury sustained, at the discretion of the DOC commissioner | Robina Institute Va. sentencing commission | 1995 |
| Washington | Determinate | 90% for most serious offenses, where earned time credits max out at 10% of judicial maximum (to result in earlier mandatory release) for serious violent offenses or class A felony sex offenses; 67% for other determinate sentences, where earned time credits max out at 33% | Robina Institute | |
| West Virginia | Indeterminate | For "definite sentences," parole eligibility after 25% of judicial maximum; for "indeterminate sentences," unclear/100% of minimum; judges are faced with a huge window of possible sentences depending on the crime, where the minimum is as little as 7% of the maximum and as high as 50%; earned credits accrue at 1 day for each day served to reduce maximum term | Robina Institute | |
| Wisconsin | Determinate | 100% of minimum but also 100% of bifurcated sentence (i.e., part to be served in confinement, and part to be served under community supervision), although person must serve no more than 75% of total bifurcated sentence in confinement and no less than 25% on supervision; a judge can set the period of confinement to be shorter and the period of supervision to be longer, though it's unclear how common this is. Also unclear is any option for early release from supervision (according to a handbook linked in the next column, extended supervision clients are not eligible for early discharge, whereas people on probation or old-law parole have this option); no good time or earned time; only a "bad time" system whereby minimum terms may be extended by: 10 days for first offense, 20 days for second offense, 40 days for 3rd and any subsequent | Robina Institute Wisc. DOC handbook | 1999 |
| Wyoming | Indeterminate | 100% of minimum term minus good time; in other words, anywhere from approx. 19% to 53% of maximum sentence to first parole eligibility, given how the judge sets minimum and maximum terms and the following: regular earned time accrues at 15 days/month and reduces the minimum as well as the mandatory release date; other earned time credits (called "special good time") can be granted at 1 month/year, up to a maximum of 12 months; this can lead to about an 8% reduction from the minimum sentence | Robina Institute | |
| Federal facilities | Determinate | 85% after maxing out time credits; First Step Act "time credits" can add up to 10 days/month for certain activities; additional 5 days/month for certain people deemed "low risk"; good time can accrue at 54 days/year; residential drug abuse program can reduce time served by up to one year, depending on sentence length | US Sentencing Commission FAMM explainer FAMM explainer #2 | 2018 (FSA) |
Resources, tips, and best practices to help advocates working to end mass incarceration.
All of our recent reports about prison/jail growth, racial disparities, and more, re-organized by state.
The U.S. incarcerates nearly 2 million people. Where are they locked up and why? Read our report.
Not near you?
Invite us to your city, college or organization.
