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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 2514 By: Kannady
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38	38	AS INTRODUCED
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40	40	An Act relating to prisons and reformatories;
41	41	amending 57 O.S. 2011, Section 332.2, as last amended
42	42	by Section 5, Chapter 459, O.S.L. 2 019 (57 O.S. Supp.
43	43	2020, Section 332.2), which relates to commutations;
44	44	prohibiting recommendations for commuting
45	45	restitution; clarifying eligibility requirements for
46	46	commutations; defining term; updating internal
47	47	citation; and declaring an emergency .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 57 O.S. 2011, Section 332.2, as
56	56	last amended by Section 5, Chapter 459, O.S.L. 2019 (57 O.S. Supp.
57	57	2020, Section 332.2), is amended to read as fo llows:
58	58	Section 332.2 A. The Pardon and Parole Board, which shall meet
59	59	only on the call of the Chairman, is authorized, if and when an
60	60	application made to the Governor for a reprieve, commutation,
61	61	parole, pardon, or other act of clemency is certified ther eto by the
62	62	Governor, to examine into the merits of said application and make
63	63	recommendations to the Governor in relation thereto, said
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90	90	recommendation recommendations being advisory to the Governor and
91	91	not binding thereon.
92	92	B. 1. Any consideration for comm utation shall be made only
93	93	after application is made to the Pardon and Parole Board pursuant to
94	94	the procedures set forth in this section. The Pardon and Parole
95	95	Board shall provide a copy of the application to the district
96	96	attorney, the victim or represent ative of the victim and the Office
97	97	of the Attorney General within ten (10) business days of receipt of
98	98	such application.
99	99	2. The Pardon and Parole Board shall be prohibited from
100	100	recommending to the Governor any application that seeks to commute
101	101	restitution owed by a person in a criminal case.
102	102	3. Inmates in the custody of the Department of Corrections or
103	103	persons serving a probationary term as a result of the suspension of
104	104	a sentence shall be el igible for commutation consideration.
105	105	C. An application for c ommutation, other than those provided
106	106	for in subsection F of this section, must be sent to the trial
107	107	officials, who shall have twenty (20) business days to provide a
108	108	written recommendation or protest prior to consideration of the
109	109	application. Trial offici als shall include:
110	110	1. The current elected judge of the court where the conviction
111	111	was had;
112	112	2. The current elected district attorney of the jurisdiction
113	113	where the conviction was had; or
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140	140	3. The chief or head administrative officer of the arresting
141	141	law enforcement agency.
142	142	D. In cases resolved prior to the tenure of the present
143	143	officeholders, the recommendation or protest of persons holding such
144	144	offices at the time of conviction may also be considered by the
145	145	Board.
146	146	E. The recommendation for commutation of a sentence by a trial
147	147	official may include the following:
148	148	1. A statement that the penalty now appears to be excessive;
149	149	2. A recommendation of a definite term now considered by the
150	150	official as just and proper; and
151	151	3. A statement of the reasons for the re commendation based upon
152	152	facts directly related to the case which were not available to the
153	153	court or jury at the time of the trial or based upon there having
154	154	been a statutory change in penalty for the crime which makes the
155	155	original penalty appear excessive.
156	156	F. The Pardon and Parole Board shall establish an accelerated,
157	157	single-stage commutation docket for any applicant who has been
158	158	convicted of a crime that has been reclassified from a felony to a
159	159	misdemeanor under Oklahoma law. The Pardon and Parole Board shall
160	160	be empowered to recommend to the Governor for commutation, by
161	161	majority vote, any commutation application placed on the
162	162	accelerated, single-stage commutation docket that meets the
163	163	eligibility criteria provided above. The Department of Corrections
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190	190	shall certify a list of potentially eligible inmates to the Pardon
191	191	and Parole Board within thirty (30) days of the effective date of
192	192	this act. As used in this subsection, "any applicant" shall include
193	193	inmates in the custody of the Department of Corrections o r persons
194	194	serving a probationary term as a result of the suspension of a
195	195	sentence.
196	196	G. The Pardon and Parole Board shall schedule the application
197	197	on a commutation docket in compliance with the notice requirements
198	198	set forth herein. The Board shall provide the victim or
199	199	representative of the victim at least twenty (20) days to offer
200	200	recommendations or protests before consideration of the application.
201	201	H. Applications for commutation shall be given impartial review
202	202	as required in Section 10 of Article VI of t he Oklahoma
203	203	Constitution.
204	204	I. Any consideration for pardon shall be made only after
205	205	application is made to the Pardon and Parole Board. Upon receipt of
206	206	an application for pardon, the Board shall provide a copy of the
207	207	application to the district attorney, the victim or representative
208	208	of the victim and the Office of the Attorney General within twenty
209	209	(20) business days of receipt of such application. The district
210	210	attorney and the victim or representative of the victim shall have
211	211	twenty (20) business days to provide written recommendation or
212	212	protest prior to the consideration of the application. The Board
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239	239	shall schedule the application on a pardon docket in compliance with
240	240	the notice requirements set forth herein.
241	241	J. In accordance with Section 10 of Article VI of the Oklahoma
242	242	Constitution, the Board shall communicate to the Legislature, at
243	243	each regular session, by providing a summary of the activities of
244	244	the Board. This summary shall include, but not be limited to, the
245	245	following Board activity activities:
246	246	1. The approval or recommendation rates of the Board for both
247	247	violent and nonviolent offenses;
248	248	2. The parole approval rates for each individual Board member
249	249	for both violent and nonviolent offenses; and
250	250	3. The percentage of public comments to and persona l
251	251	appearances before the Board including victim protests and personal
252	252	appearances, district attorney protests and personal appearances,
253	253	and delegate recommendations and personal appearances on behalf of
254	254	the offender.
255	255	This summary shall be made available to the public through
256	256	publication on the website of the Pardon and Parole Board.
257	257	K. The Pardon and Parole Board shall provide a copy of their
258	258	regular docket and administrative parole docket to each district
259	259	attorney in this state at least twenty (20) days b efore such docket
260	260	is considered by the Board, or in the case of a supplemental,
261	261	addendum or special docket, at least ten (10) days before such
262	262	docket is considered by the Board, and shall notify the district
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289	289	attorney of any recommendations for commutations or paroles no later
290	290	than twenty (20) days after the docket is considered by the Board.
291	291	L. The Pardon and Parole Board shall notify all victims or
292	292	representatives of the victim in writing at least twenty (20) days
293	293	before an inmate is considered by the Boa rd provided the Board has
294	294	received a request from the victim or representatives of the victim
295	295	for notice. The Board shall provide all victims or representatives
296	296	of the victim with the date, time and place of the scheduled meeting
297	297	and rules for attendance and providing information or input to the
298	298	Board regarding the inmate or the crime. If requested by the victim
299	299	or representatives of the victim, the Board shall allow the victim
300	300	or representatives of the victim to testify at the parole hearing of
301	301	the inmate for at least five (5) minutes.
302	302	M. The Pardon and Parole Board shall notify all victims or
303	303	representatives of the victim in writing of the decision of the
304	304	Board no later than twenty (20) days after the inmate is considered
305	305	by the Board.
306	306	N. Any notice required to be provided to the victims or the
307	307	representatives of the victim shall be mailed by first -class mail to
308	308	the last-known address of the victim or representatives of the
309	309	victim. It is the responsibility of the victims or representatives
310	310	of the victim to provide the Pardon and Parole Board a current
311	311	mailing address. The victim -witness coordinator of the district
312	312	attorney shall assist the victims or representatives of the victim
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339	339	with supplying their address to the Board if they wish to be
340	340	notified. Upon failure of the Pardon and Parole Board to notify a
341	341	victim who has requested notification and has provided a current
342	342	mailing address, the final decision of the Board may be voidable,
343	343	provided, the victim who failed to receive notification requests a
344	344	reconsideration hearing within thirty (30) days of the
345	345	recommendation by the Board for parole. The Pardon and Parole Board
346	346	may reconsider previous action and may rescind a recommendation if
347	347	deemed appropriate as determined by the Board.
348	348	O. For purposes of t his section, "victim" shall mean all
349	349	persons who have suffered direct or threatened physical or emotional
350	350	harm, or financial loss as the result of the commission or attempted
351	351	commission of criminally injurious conduct, and "representatives of
352	352	the victim" shall mean those persons who are members of the
353	353	immediate family of the victim, including stepparents, stepbrothers,
354	354	stepsisters, and stepchildren.
355	355	P. All meetings of the Pardon and Parole Board shall comply
356	356	with Section 301 et seq. of Title 25 of the Oklahoma Statutes Open
357	357	Meeting Act; provided that the Board shall have the authority to
358	358	limit the number of persons attending in support of, or in
359	359	opposition to, any inmate being considered for parole and shall have
360	360	the authority to exclude persons from attend ance in accordance with
361	361	prison security regulations and the capacity of the meeting room.
362	362	Persons excluded from attending the meeting under this provision
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389	389	shall be informed of their right to be informed of the vote of the
390	390	Board in accordance with Section 312 of Title 25 of the Oklahoma
391	391	Statutes. Provided further, nothing in this section shall be
392	392	construed to prevent any member of the press or any public official
393	393	from attending any meeting of the Pardon and Parole Board, except as
394	394	provided by the Oklahoma Open Meeting Act.
395	395	Q. All victim information maintained by the Department of
396	396	Corrections and the Pardon and Parole Board shall be confidential
397	397	and shall not be released.
398	398	SECTION 2. It being immediately necessary for the preservation
399	399	of the public peace, health or safety, an emergency is hereby
400	400	declared to exist, by reason whereof this act shall take effect and
401	401	be in full force from and after its passage and approval.
402	402
403	403	58-1-6992 GRS 12/18/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2514 Compare Versions