Oklahoma 2022 Regular Session

Oklahoma House Bill HB2317 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	29	+	SENATE FLOOR VERSION
	30	+	April 7, 2021
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 2317 By: Lawson, Munson and Dills of
4	35		the House
5	36
6	37		and
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8	39		Haste and Floyd of the
9	40		Senate
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16	45		An Act relating to children; establishing a grievance
17	46		process for children detained in adult facilities;
18	47		directing administration by Oklahoma Comm ission on
19	48		Children and Youth; granting investigatory authority
20	49		to the Office of Juvenile System Oversight; requiring
21	50		notice to certain agencies; requiring facilities to
22	51		make procedures available; directi ng Oklahoma
23	52		Commission on Children and Youth to promu lgate rules;
24	53		making grievance process inapplicable to certain
25	54		children; providing for codification; and providing
26	55		an effective date.
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31		-	SUBJECT: Children
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33	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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35	62		SECTION 1. NEW LAW A new section of law to be codified
36	63		in the Oklahoma Statutes as Section 2 -3-105 of Title 10A, unless
37	64		there is created a duplication in numbering, reads as follows:
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39	65		A. The Oklahoma Commission on Children and Youth sh all
40	66		administer a grievance process to be utilized by children detained
41	67		in an adult jail, adult lockup, adult detention or other adult
42	68		facility. The grievance process shall be available to a child at
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43	96		any time prior to or after adjudication or conviction or during his
44	97		or her incarceration. Grievances may be filed ei ther by the child
45		-	or by a person responsible for the juvenile's health or welfare as ~~ENR. H. B. NO. 2317 Page 2~~
	98	+	or by a person responsible for the juvenile's health or welfare as
46	99		defined by Section 2 -1-103 of Title 10A of the Oklahoma Statutes
47	100		acting on the child's behalf.
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49	101		B. Grievances shall be directed to the Commission's Office of
50	102		Juvenile System Oversight for investigation, resolution and referral
51	103		to the appropriate agency if deemed necessary, including, but not
52	104		limited to, the State Department of Health.
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54	105		1. The Office of Juvenile Sy stem Oversight shall have the
55	106		authority to investigate compla ints, including, but not limited to,
56	107		the following:
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58	108		a. placement,
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60	109		b. treatment,
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62	110		c. psychological services,
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64	111		d. social services,
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66	112		e. educational services,
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68	113		f. recreation,
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70	114		g. abuse, neglect or miscond uct,
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72	115		h. cleanliness and hygiene, and
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74	116		i. routine problems with employees, contractors or other
75	117		incarcerated persons within the facility.
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77	118		2. The Office of Juvenile System Oversight shall notify the
78	119		Office of Juvenile Affairs compliance monitor or designee w hen a
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79	147		grievance is received. The Office of Juvenile System O versight
80	148		shall notify the Department of Human Services when a grievance is
81	149		received regarding a child in the custody of the Department of Human
82	150		Services.
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84	151		C. Each facility in which children are being held shall:
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86	152		1. Make all grievance policies and procedu res available upon
87	153		request to any member of the public;
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89	154		2. Make grievance policies and procedures readily accessible to
90		-	any children in the facility; and ENR. H. B. NO. 2317 Page 3
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	155	+	any children in the facility; and
92	156		3. Explain all grievance policies and p rocedures to every child
93	157		during his or her intake at the faci lity.
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95	158		D. The Oklahoma Commission on Children and Youth shall
96	159		promulgate rules for the purposes of administering this section that
97	160		are consistent with grievance procedures available to children
98	161		detained in juvenile detention facilities as promulgated by th e
99	162		Office of Juvenile Affairs.
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101	163		E. The provisions of this section shall not apply to any child
102	164		housed in a Department of Corrections facility or housed under a
103	165		contract with the Department of Corr ections.
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105		-	SECTION 2. This act shall become effective November 1, 2021 . ENR. H. B. NO. 2317 Page 4
106		-
107		-	Passed the House of Representatives the 2nd day of March, 2021.
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112		-	Presiding Officer of the House
113		-	of Representatives
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116		-	Passed the Senate the 21st day of April, 2021.
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121		-	Presiding Officer of the Senate
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125		-	OFFICE OF THE GOVERNOR
126		-	Received by the Office of the Governor this ____________________
127		-	day of ___________________, 20_______, at _______ o'clock _______ M.
128		-	By: _________________________________
129		-	Approved by the Governor of th e State of Oklahoma this _________
130		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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132		-
133		-	_________________________________
134		-	Governor of the State of Oklahoma
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136		-	OFFICE OF THE SECRETARY OF STATE
137		-	Received by the Office of the Secretary of Sta te this __________
138		-	day of ___________________, 20_______, at _______ o'clock _______ M.
139		-	By: _________________________________
	166	+	SECTION 2. This act shall become effective November 1, 2021 .
	167	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	168	+	April 7, 2021 - DO PASS