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New 85 Law Oklahoma Explained: How the 2026 Sentencing Changes Differ from the Old System

Beginning January 1, 2026 (the effective date of the new law), Oklahoma implemented one of the most significant criminal justice reforms in decades. The new law—commonly referred to as the Sentencing Modernization Act (HB 1792), which was passed by the legislature in 2024—reshapes how felony crimes are classified, how juries determine sentences, and how much time defendants actually serve.

At the same time, lawmakers expanded Oklahoma’s long-standing 85% Rule, which now requires people convicted of certain serious offenses to serve most of their sentence before becoming eligible for parole. The expanded rule applies to felonies committed on or after the effective date.

Because these reforms happened around the same time, many people refer to them collectively as the “new 85 law.” In reality, they involve two different legal changes that together significantly alter sentencing in Oklahoma.

Below is a breakdown of what changed and how the new laws differ from the previous system.

The Old Oklahoma Sentencing System

For decades, Oklahoma’s felony sentencing structure was widely criticized for being inconsistent and confusing.

Instead of a standardized system, the state had more than 1,000 individual felony statutes, each with its own sentencing range. In many cases, those ranges were extremely broad.

For example, a particular crime might carry a sentence of “two years to life.”

This created several problems:

• Inconsistent sentencing: The same crime could receive drastically different sentences depending on the county or jury.
• Limited transparency: Juries were often unaware of how much time a person would actually serve.
• Unpredictable outcomes: Because sentencing ranges were so broad, outcomes varied widely across cases.
• Severity disconnect: The severity of the offense often did not correlate with the sentence imposed, leading to further inconsistencies in the criminal justice system.

Additionally, the vast majority of crimes did not have mandatory minimum sentences, meaning individuals could receive probation or suspended sentences even when the statute allowed prison time.

What the New Law (HB 1792) Changes

The Sentencing Modernization Act, which took effect in 2026, reorganizes Oklahoma’s entire felony structure. The new law introduces several new requirements for felony sentencing and parole eligibility, impacting how long individuals must serve before becoming eligible for release.

1. Felonies Are Now Organized Into Classes

Instead of thousands of individual sentencing ranges, crimes are now grouped into 14 standardized felony classes, including:

• Class Y
• Class A1–A3
• Class B1–B5
• Class C1–C2
• Class D1–D3

This reorganization represents a major overhaul of Oklahoma’s criminal code, as part of the Oklahoma Sentencing Modernization Act of 2024.

Each class has clear sentencing ranges and minimum time-served requirements, creating far more consistency across the state.

The goal is to ensure that the same crime carries similar consequences regardless of where it occurs in Oklahoma.

2. Mandatory Minimum Sentences Are Now Built Into the System

Under the old law, many felonies had no required minimum time served.

The new system establishes mandatory minimums for every felony class, meaning certain offenses now require a minimum percentage of the sentence imposed to be served as imprisonment before release eligibility. This minimum percentage is calculated based on the total sentence imposed by the court, ensuring that offenders serve a specified portion of the imprisonment imposed before becoming eligible for parole or other forms of early release.

This change is intended to create more predictable sentencing outcomes while reducing wide disparities between cases.

3. Juries Must Now Be Told How Much Time Will Actually Be Served

One of the biggest reforms is increased jury transparency.

Under the previous system, juries often imposed sentences without knowing how parole, credits, or other factors might affect the time actually served.

Under the new law:

• Juries must be instructed on the minimum amount of time a defendant must serve before becoming eligible for release. Juries are now required to take into account the minimum time served requirements, along with all relevant factors, when determining an appropriate sentence.

This allows jurors to make more informed sentencing decisions rather than relying on assumptions.

4. Lower-Level Felonies May Favor Probation

Another major change is the introduction of presumptive probation for individuals facing certain criminal charges classified as lower-level felonies.

For individuals with little or no criminal history who are convicted of Class C or Class D felonies, the law often favors:

• Deferred sentences
• Suspended sentences
• Probation instead of prison

This reform is designed to reduce incarceration for non-violent offenders while still allowing judges discretion in more serious cases.

The 85% Rule: What It Is and What Changed

Separate from the sentencing overhaul is Oklahoma’s 85% Rule, which has existed for years.

Under this rule, individuals convicted of certain felony offenses classified as serious crimes must serve at least eighty five percent of their sentence before becoming parole eligible. Being parole eligible means the inmate can be considered for parole, but release is not guaranteed. Parole consideration occurs only after the eighty five percent threshold is met, at which point the parole board reviews the case and has full discretion to grant or deny parole. During the eighty five percent period, offenders are not eligible to earn credits—such as earned credits for good behavior or participation in programs—that would otherwise reduce their sentence. Rehabilitation efforts and good behavior do not affect the minimum time required under the rule. The rule applies regardless of the individual circumstances of the inmate.

This rule applies to felony offenses involving serious crimes, often committed with intent to cause harm, such as:

• First-degree murder
• Second-degree murder
• First-degree rape
• Robbery with a dangerous weapon
• First-degree arson
• Child sexual abuse

In contrast, other crimes that do not fall under the 85% rule may allow for earlier parole eligibility and the possibility of earning credits to reduce time served.

In recent legislative sessions, lawmakers expanded the list of crimes subject to the 85% rule.

One of the most notable additions is Accessory to Murder (First and Second Degree) under legislation sometimes referred to as Lauria and Ashley’s Law.

Previously, someone convicted as an accessory could often become eligible for parole much earlier. Now, those convictions require serving eighty five percent of the sentence before parole eligibility, significantly increasing the time spent in prison.

Key Differences Between the Old Law and the New Law

Note: The new 85 law, passed in 2026, brings significant changes to sentencing practices in Oklahoma City, ensuring more consistent and transparent outcomes for local cases.

Effective Implementation and Monitoring

The successful rollout of the Oklahoma Sentencing Modernization Act depends on careful coordination and ongoing oversight across multiple state agencies. As the new law takes effect on January 1, 2026, the Oklahoma Department of Corrections will be at the forefront of applying the updated felony classifications, sentence ranges, and minimum time served requirements for all felony crimes. This means every prison sentence for offenses ranging from assault with a deadly weapon to first degree murder will be subject to the new, standardized guidelines.

To ensure consistency and fairness, the Oklahoma Attorney General’s office will work closely with the Department of Corrections, providing clear guidance on how to interpret and apply the new sentence ranges and minimum time served requirements. This partnership is essential to prevent disparities in how penalties are imposed for certain violent crimes and other serious offenses across the state.

Monitoring the impact of these changes is equally important. The Oklahoma Department of Corrections will track key data points, such as the number of offenders serving time for violent crimes, changes in parole eligibility, and the actual time served under the new law. Regular reporting to the Attorney General and the state legislature will help evaluate whether the law is achieving its goals of greater consistency, public safety, and appropriate penalties for felony crimes.

Protecting the personal information of offenders is also a priority. With the Security Breach Notification Act expanding the definition of personal data to include biometric identifiers, the Department of Corrections must ensure that sensitive information is handled securely and in compliance with Oklahoma law. This is especially important as technology systems are updated to support the new sentencing structure.

Cost recovery is another critical aspect of implementation. The Department of Corrections, in collaboration with the Commerce Board, will establish systems to track and recover expenses related to staff training, technology upgrades, and expanded rehabilitation programs. Additionally, the impact of the new law on gross receipts and tax revenues will be monitored in partnership with the Oklahoma Tax Commission, ensuring that changes to sentencing and parole policies do not adversely affect state finances.

Ultimately, the effective implementation and monitoring of the Oklahoma Sentencing Modernization Act will require ongoing collaboration among lawmakers, state agencies, and stakeholders. By working together, Oklahoma can ensure that its criminal justice reforms deliver on their promise: a fairer, more transparent system that prioritizes public safety, holds offenders accountable, and supports rehabilitation and successful reentry into society. As Governor Kevin Stitt has emphasized, these changes are designed to create a more efficient and just sentencing process for all Oklahomans.

One Important Limitation: The Law Is Not Retroactive

A critical detail for defendants and families to understand is that the sentencing reforms are not retroactive.

This means:

• Crimes committed before January 1, 2026 are sentenced under the old system.
• Crimes committed on or after that date fall under the new felony classification structure.

As a result, two similar cases could still receive different sentencing rules depending on when the offense occurred.

Final Thoughts

Oklahoma’s sentencing reforms represent a major shift toward greater transparency, consistency, and structure in felony sentencing.

While the Sentencing Modernization Act restructures how all felony crimes are classified and sentenced, the expansion of the 85% Rule ensures that certain violent offenses require individuals to serve most of their sentence before parole eligibility.

If you are impacted by these changes, please contact AMA Law for a free consultation on your case.