When somebody is convicted of a felony in Arizona, most people assume that the sentence is not set in stone. For example, some people think that if someone were to get 10 years in prison that they would not do 10 actual years in prison and a little get out much sooner because of over crowding or time off for good behavior. That is not exactly the case in Arizona. There is something called 85% time, which somebody is eligible for if this is the first felony conviction and the felony conviction was for a non-violent felony. 85% time means it will serve 300 days in prison for every year there are actually sentenced to, which comes out to about 85%.
However, if somebody is sentenced for a dangerous felony, a dangerous crime against children, a violent felony, or a sex crime they will serve their sentence day for day even if it is only the first felony conviction. Day for day means that if the judge sentences a defendant to prison, for example, 10 years in prison, that person will not get out of the Department of Corrections for 10 years. They will not get out early because of overcrowding and they will not get out early because they behaved well while in Department of Corrections custody. Day for day time is also called flat time.
But if the person receives a sentence that is 85% time in that same judge sentences that person to 10 years in Arizona Department of Corrections that defendant could get out after serving only 8 1/2 years in custody. Again, they may not be eligible for 85% time under certain circumstances such as the offense was a violent offense, a sex crime, or dangerous offense, or they were on probation while committing the new offense, or they have prior felony convictions.
