Its a matter of basic math. Someone sentenced to ten years in prison must serve at least 85 percent of their sentence before they are eligible to get out. That’s eight and a half years of time that absolutely has to be served. Any “good time” or earned days reduced are added to the back of that, so it can be almost impossible to get out before then.
Most “career” criminals know that. They have been in and out before and know how to work the system. They know that they have to serve that 85 percent so they make the most from it.
Essentially this means that for the first few years, they essentially get a free pass. They have to serve 85%, so up until that time begins to take effect, they can get away with a lot of small and medium infractions without losing time.
This is one of the main ways that drugs and other contraband is introduced into the prison system. Knowing that they have a set certain number of years, these inmates have visitors or oftentimes guards, smuggle things in. Once in their possession, they an sell it for a hefty price. If caught, they may, at worst, get another charge. However, most extra charges are served concurrent, so in reality the prisoner is unaffected and has rather made a nice profit instead.
Additionally, this grants prisoners the right to bully and attack others without ramification. In one prison, 85%’ers stood by the doors waiting for people to come in with items purchased from canteen. They would charge a “tax” and then take items from canteen to give to their “shot-callers”, or bosses. If caught, again they would get a slap on the wrist but since they had to serve that specified amount of time they were unaffected.
Knowing that there is a specific amount of time to be served breeds more criminal behavior. For those who are falsely accused or who are legitimately trying to do better, this can still have a huge negative impact on their time. Others, who do not have an 85% rule in place, can and often times do bully those with the rule into carrying out their desires. This only perpetuates the criminal cycle and breeds more prolonged criminal behavior.
The older system of “good time” had a lot of merit. While not perfect, it does create better incentives for good behavior.
Further, many who are under the 85% laws should not be They are labeled violent while they never did anything that, by definition, was violent. It is only considered by law tone violent, even if nothing happened.
No law is perfect, but this is one that continues to create more violence and only teaches otherwise peaceful people how to become career criminals. More and more crimes are being put under the 85% law, which is only going to perpetuate the problem.
