FREQUENTLY ASKED QUESTIONS - FAQS
Some of the most commonly asked questions are listed below. If the answer to your questions is not here, please use the "Get in Touch" button to send us a message or connect with us on Facebook!
Q: WILL ORPA APPLY TO MY LOVED ONE WHO IS SERVING A LIFE SENTENCE?
A: ORPA will apply to EVERYONE serving sentences for offenses committed after October 1, 1983, except individuals serving sentences for capital sexual battery on a child under 12 and individuals sentenced to death.
Q: HOW MUCH TIME WILL MY LOVED ONE HAVE TO SERVE BEFORE THEY BECOME ELIGIBLE FOR REINTEGRATION UNDER ORPA?
A: The amount of time an individual is required to serve before becoming eligible depends on the length of their court-imposed sentence. Eligibility can be broken down into two categories, generally, those serving "term of years" sentences, and those serving life sentences, as follows:
(1) Term of Years sentences: An individual sentenced to 40 years or less will become eligible after completing 20 years. An individual sentenced to more than 40 years will become eligible after completing half of their sentence (ex: an individual sentenced to 50 years will become eligible after completing 25 years).
(2) Life Sentences: An individual sentenced to life for a non-capital offense will become eligible after completing 20 calendar years. An individual sentenced to life for a capital offense (except capital sexual battery) will become eligible after serving 25 calendar years.
Q: DOES GAIN TIME APPLY TO ORPA'S ELIGIBILITY REQUIREMENT?
A: ORPA allows for gain time to be applied to term of years sentences. However, application of gain time toward the completion of a sentence is still determined by both the sentencing statute the individual was sentenced under and the date the offense occurred.
Q: WILL THIS AMENDMENT RESULT IN MY LOVED ONE SERVING MORE PROBATION THAN THEY OTHERWISE WOULD?
A: No. Probation is imposed by a court of law as a component of a sentence that is served after, it in lieu of, a term of incarceration. ORPA's Reintegration provision allows for the supervised release of an individual still under the incarcerative term of their sentence.
Q: IS MY LOVED ONE ELIGIBLE UNDER ORPA IF THEY ARE SERVING MORE THAN ONE SENTENCE?
A: Yes. In a situation where an individual is serving multiple sentences, it is the longest sentence being served that controls for the eligibility requirement.
Q: IF A PERSON HAS PROBATION AFTER THEIR INCARCERATIVE TERM, ARE THEY ELIGIBLE FOR REINTEGRATION?
A: Yes. Under normal circumstances, the probationary portion of a sentence does not begin until the incarcerative portion is served. The individual on Reintegration Status with a probationary component to their sentence would complete the incarcerative portion on Reintegration (unless relieved of the remainder by the sentencing court), and then serve the probationary portion.
Q: WHAT ARE THE QUALIFICATIONS FOR REINTEGRATION?
A: ORPA will madate the Commission on Offender Review to establish an individualized reentry plan for each eligible individual. That plan, which includes the requisites for qualification, must be given to each eligible individual, in writing, no later than 2 years before meeting the eligibility requirment, when length of sentence permits. § 8(c)(2)d. Those requisites, once achieved, will entitle the individual to be placed on Reintegration Status.
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