OK
Oklahoma House Bill HB3284

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3284 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 Req. No. 9457 Page 1 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727
2828 STATE OF OKLAHOMA
2929
3030 2nd Session of the 58th Legislature (2022)
3131
3232 HOUSE BILL 3284 By: Humphrey
3333
3434
3535
3636
3737
3838 AS INTRODUCED
3939
4040 An Act relating to prisons and reformatories;
4141 amending 57 O.S. 2021, Section 510, which relates to
4242 powers and duties of the Director of the Department
4343 of Corrections; modifying age qualifications for
4444 correctional officers; and providing an effective
4545 date.
4646
4747
4848
4949
5050 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5151 SECTION 1. AMENDATORY 57 O.S. 2021, Section 510, is
5252 amended to read as f ollows:
5353 Section 510. A. The Director of the Department of Corrections
5454 shall have the following specific powers and duties relating to the
5555 penal institutions:
5656 1. To appoint, subject to the approval of the State Board of
5757 Corrections, a warden for each pen al institution;
5858 2. To fix the duties of the wardens and to appoint and fix the
5959 duties and compensation of such other personnel for each penal
6060 institution as may be necessary for the proper operation thereof .
6161 However, correctional officers hired after Nov ember 1, 1995 2022,
6262 shall be subject to the following qualifications:
6363
6464 Req. No. 9457 Page 2 1
6565 2
6666 3
6767 4
6868 5
6969 6
7070 7
7171 8
7272 9
7373 10
7474 11
7575 12
7676 13
7777 14
7878 15
7979 16
8080 17
8181 18
8282 19
8383 20
8484 21
8585 22
8686 23
8787 24
8888
8989 a. the minimum age for service shall be twenty (20)
9090 eighteen (18) years of age. The Director shall have
9191 the authority to establish the maximum age for
9292 correctional officers entering ser vice shall be fifty-
9393 five (55) years of age,
9494 b. possession of a minimum of thirty (30) semester hours
9595 from an accredited college or university, or
9696 possession of a high school diploma acquired from an
9797 accredited high school or GED equivalent testing
9898 program,
9999 c. satisfactory completion of minimum testing or
100100 professional evaluation through the Merit System of
101101 Personnel Administration to determine the fitness of
102102 the individual to serve in the position. All written
103103 evaluations shall be submitted to the Department of
104104 Corrections, and
105105 d. satisfactory completion of a physical in keeping with
106106 the conditions of the job description on an annual
107107 basis and along the guidelines as established by the
108108 Department of Corrections;
109109 3. The Director shall designate as correctional peace officers,
110110 correctional officers who are employed in job classifications of
111111 correctional security officer, correctional security manager,
112112 correctional chief of security and chief of security upon
113113
114114 Req. No. 9457 Page 3 1
115115 2
116116 3
117117 4
118118 5
119119 6
120120 7
121121 8
122122 9
123123 10
124124 11
125125 12
126126 13
127127 14
128128 15
129129 16
130130 17
131131 18
132132 19
133133 20
134134 21
135135 22
136136 23
137137 24
138138
139139 satisfactory completion of a basic course of instructi on for
140140 correctional officers, as pro vided for in paragraph 4 of this
141141 subsection. The peace officer authority of employees designated as
142142 correctional peace officers shall be limited to: maintaining
143143 custody of prisoners; preve nting attempted escapes; pursu ing,
144144 recapturing and incarcerating e scapees and parole or probation
145145 violators and arresting such escapees, parole or probation
146146 violators; serving warrants; carrying firearms; preventing
147147 contraband from entering any penal insti tutions; arresting
148148 individuals who commit crimes at any penal inst itution; and
149149 performing any duties specifically required for the job
150150 descriptions. Such powers and duties of correctional peace officers
151151 may be exercised for the purpose of maintaining cust ody, security,
152152 and control of any prisoner being transported insid e and outside
153153 this state as authorized by the Uniform Criminal Extradition Act and
154154 the Interstate Corrections Compact. The Director may implement
155155 policies that place additional limitations on the authority of
156156 correctional peace officers. The Director sha ll issue an
157157 identification card to each correctional peace officer that
158158 identifies the person as a correctional peace officer and grants the
159159 person the authority to carry a firearm and make arrests pursuant to
160160 this paragraph. Should a correctional peace o fficer terminate
161161 employment for any reason, fail to remain qualified as a
162162 correctional peace officer or for reasons stated in policies of the
163163
164164 Req. No. 9457 Page 4 1
165165 2
166166 3
167167 4
168168 5
169169 6
170170 7
171171 8
172172 9
173173 10
174174 11
175175 12
176176 13
177177 14
178178 15
179179 16
180180 17
181181 18
182182 19
183183 20
184184 21
185185 22
186186 23
187187 24
188188
189189 Department, the correctional peace officer shall return the
190190 identification card to the supervisor of the correctio nal peace
191191 officer immediately;
192192 4. To develop and implement, upon approval of the State Board
193193 of Corrections, a basic course of instruction for correctional
194194 officers that consists of a train ing academy that provides not less
195195 than two hundred (200) hours of core curriculum instruction and a
196196 firearms training program that provides not less than twenty (20)
197197 hours of instruction. The basic course of instruction shall be
198198 subject to the following:
199199 a. the minimum qualifying sco re that must be shot to pass
200200 the firearms training program shall be equal to the
201201 minimum qualifying score required by the Council on
202202 Law Enforcement Education and Training for peace
203203 officers, and
204204 b. the Director may waive any number of hours or courses
205205 required to complete the basic course o f instruction
206206 for any person who, in the opinion of the Director,
207207 has received sufficient training or experience that
208208 such hours of instruction would be unduly burdensome
209209 or duplicative; however, completion of the firear ms
210210 training program shall not be wai ved;
211211 5. To develop and implement annual in -service training for
212212 correctional officers that consists of at least forty (40) hours of
213213
214214 Req. No. 9457 Page 5 1
215215 2
216216 3
217217 4
218218 5
219219 6
220220 7
221221 8
222222 9
223223 10
224224 11
225225 12
226226 13
227227 14
228228 15
229229 16
230230 17
231231 18
232232 19
233233 20
234234 21
235235 22
236236 23
237237 24
238238
239239 continued corrections education and annual recertificatio n of
240240 firearms proficiency. Th e minimum qualifying score that must be
241241 shot to requalify for recertification of firearms proficiency shall
242242 be equal to the minimum qualifying score required by the Council on
243243 Law Enforcement Education and Training for the req ualification of
244244 peace officers;
245245 6. To require any person employed as a correctional security
246246 officer, correctional security manager, correctional chief of
247247 security and chief of security to remain qualified as a correctional
248248 peace officer. Any correctiona l peace officer who is unable to
249249 remain qualified as a correctiona l peace officer may be offered an
250250 available position within the Department in the same or lesser pay
251251 grade for which the employee is eligible, or the employee may be
252252 terminated;
253253 7. To authorize other employees of the De partment to carry
254254 firearms anywhere in the state to use for self -defense pursuant to
255255 and consistent with policies developed by the Department upon
256256 satisfactory completion of the firearms training program provided
257257 for in paragraph 4 of this subsection. The Director shall issue an
258258 identification card to each authorized employee that grants the
259259 employee the authority to carry a firearm pursuant to the provisions
260260 of this paragraph. Should an authorized employee terminate
261261 employment for any reason, fail to rem ain qualified to carry a
262262 firearm, or for reasons stated in the policies of the Department,
263263
264264 Req. No. 9457 Page 6 1
265265 2
266266 3
267267 4
268268 5
269269 6
270270 7
271271 8
272272 9
273273 10
274274 11
275275 12
276276 13
277277 14
278278 15
279279 16
280280 17
281281 18
282282 19
283283 20
284284 21
285285 22
286286 23
287287 24
288288
289289 the authorized employee shall immediately return the identification
290290 card to the supervisor of the employee and shall no longer be
291291 authorized to carry firearms under the authority of this paragraph;
292292 8. To maintain such industries, factories, plants, shops,
293293 farms, and other enterprises and operations, hereinafter referred to
294294 as prison industries, at each penal institution as the State Boar d
295295 of Corrections deems necessa ry or appropriate to employ the
296296 prisoners or teach skills, or to sustain the penal institution; and
297297 as provided for by policies established by the State Board of
298298 Corrections, to allow compensation for the work of the prisoners ,
299299 and to provide for apportion ment of inmate wages, the amounts th us
300300 allowed to be kept in accounts by the Board for the prisoners and
301301 given to the inmates upon discharge from the penal institution, or
302302 upon an order paid to their families or dependents or used for the
303303 personal needs of the prisoners. Any industry that e mploys
304304 prisoners shall be deemed a "State Prison Industry " if the prisoners
305305 are paid from state funds including the proceeds of goods sold as
306306 authorized by Section 123f of Title 74 of the Ok lahoma Statutes.
307307 Any industry in which wages of prisoners are pai d by a
308308 nongovernmental person, group, or corporation, except those
309309 industries employing prisoners in work -release centers under the
310310 authority of the Department of Corrections shall be deemed a
311311 "Private Prison Industry ";
312312
313313 Req. No. 9457 Page 7 1
314314 2
315315 3
316316 4
317317 5
318318 6
319319 7
320320 8
321321 9
322322 10
323323 11
324324 12
325325 13
326326 14
327327 15
328328 16
329329 17
330330 18
331331 19
332332 20
333333 21
334334 22
335335 23
336336 24
337337
338338 9. To assign residences at each pen al institution to penal
339339 institutional personnel and their families;
340340 10. To provide for the education, training, vocational
341341 education, rehabilitation, and recreation of prisoners;
342342 11. To regulate the operation of cantee ns for prisoners;
343343 12. To prescribe rules for the conduct, management, and
344344 operation of each penal institution, including rules for the
345345 demeanor of prisoners, the punishment of recalcitrant prisoners, the
346346 treatment of incorrig ible prisoners, and the dispos al of property or
347347 contraband seized from inmates or offenders under the supervision of
348348 the Department;
349349 13. To transfer prisoners from one penal institution to
350350 another;
351351 14. To establish procedures that ensure inmates are educ ated
352352 and provided with the opp ortunity to execute advance directiv es for
353353 health care in compliance with Section 3101.2 of Title 63 of the
354354 Oklahoma Statutes. The procedures shall ensure that any inmate
355355 executing an advance directive for health care is comp etent and
356356 executes the directi ve with informed consent;
357357 15. To maintain courses of training and instruction for
358358 employees of the Department;
359359 16. To maintain a program of research and statistics;
360360
361361 Req. No. 9457 Page 8 1
362362 2
363363 3
364364 4
365365 5
366366 6
367367 7
368368 8
369369 9
370370 10
371371 11
372372 12
373373 13
374374 14
375375 15
376376 16
377377 17
378378 18
379379 19
380380 20
381381 21
382382 22
383383 23
384384 24
385385
386386 17. To provide for the periodic audit, at least once annua lly,
387387 of all funds and accounts of each penal institution and the f unds of
388388 each prisoner;
389389 18. To provide, subject to rules established by the State Board
390390 of Corrections, for the utilization of inmate labor for any agency
391391 of the state, city, town, or subdiv ision of this state, upon the
392392 duly authorized request for such lab or by the agency. The inmate
393393 labor shall not be used to reduce employees or replace regular
394394 maintenance or operations of the agency. The inmate labor shall be
395395 used solely for public or sta te purposes. No inmate labor shall be
396396 used for private use or pur pose. Insofar as it is practicable, all
397397 inmate labor shall be of such a nature and designed to assist and
398398 aid in the rehabilitation of inmates performing the labor;
399399 19. To provide clerical services for, and keep and pr eserve the
400400 files and records of, the Pardon and Parole Board; make
401401 investigations and inquiries as to prisoners at the penal
402402 institutions who are to be, or who might be, considered for parole
403403 or other clemency; assist prisoner s who are to be, or who might be,
404404 considered for parole or dischar ge in obtaining suitable employment
405405 in the event of parole or discharge; report to the Pardon and Parole
406406 Board, for recommendation to the Governor, violations of terms and
407407 conditions of paroles; upon request of the Gover nor, make
408408 investigations and inquiri es as to persons who are to be, or who
409409 might be, considered for reprieves or leaves of absence; report to
410410
411411 Req. No. 9457 Page 9 1
412412 2
413413 3
414414 4
415415 5
416416 6
417417 7
418418 8
419419 9
420420 10
421421 11
422422 12
423423 13
424424 14
425425 15
426426 16
427427 17
428428 18
429429 19
430430 20
431431 21
432432 22
433433 23
434434 24
435435
436436 the Pardon and Parole Board, for recommendation to the Governor,
437437 whether a parolee is entitled to a pardon, when t he terms and
438438 conditions of the parol e have been completed; make presentence
439439 investigations for, and make reports thereof to, trial judges in
440440 criminal cases consistent with other laws of the state; supervise
441441 persons on felony probation or parole; and develo p and operate,
442442 subject to the polici es and guidelines of the Board, work -release
443443 centers, community treatment facilities or prerelease programs at
444444 appropriate sites throughout this state;
445445 20. To establish an employee tuition assistance program and
446446 promulgate rules in accordance with the Adm inistrative Procedures
447447 Act for the operation of the program. The rules shall include, but
448448 not be limited to, program purposes, eligibility requirements, use
449449 of tuition assistance, service c ommitment to the Department,
450450 reimbursement of tuition assistance f unds for failure to complete
451451 course work or service commitment, amounts of tuition assistance and
452452 limitations, and record keeping;
453453 21. To establish an employee recruitment and referral ince ntive
454454 program and promulgate r ules in accordance with the Administ rative
455455 Procedures Act for the operation of the program. The rules shall
456456 include, but not be limited to, program purposes, pay incentives for
457457 employees, eligibility requirements, payment con ditions and amounts,
458458 payment methods, and record keeping;
459459
460460 Req. No. 9457 Page 10 1
461461 2
462462 3
463463 4
464464 5
465465 6
466466 7
467467 8
468468 9
469469 10
470470 11
471471 12
472472 13
473473 14
474474 15
475475 16
476476 17
477477 18
478478 19
479479 20
480480 21
481481 22
482482 23
483483 24
484484
485485 22. To provide reintegration referral services to any person
486486 discharged from the state custody who has volunteered to receive
487487 reintegration referral services. The Director may assign staff to
488488 refer persons discharged from stat e custody to services. The
489489 Director shall promulgate rules for the referral process. All
490490 reintegration referral services shall be subject to the availability
491491 of funds;
492492 23. To conduct continual planning and research and peri odically
493493 evaluate the effectiv eness of the various correctional pr ograms
494494 instituted by the Department; manage the designing, building, and
495495 maintaining of all the capital improvements of the Department;
496496 establish and maintain current and efficient business, bookkeeping,
497497 and accounting practices and procedures for the oper ations of all
498498 penal institutions and facilities, and for the Department 's fiscal
499499 affairs; conduct initial orientation and continuing in -service
500500 training for the Department employees; provide public information
501501 services; inspect and examine the condition an d management of state
502502 penal and correctional institutions; investigate complaints
503503 concerning the management of prisons or alleged mistreatment of
504504 inmates thereof; and hear and investigate co mplaints as to
505505 misfeasance or nonfeasance of employees of the Depa rtment;
506506 24. To authorize any division of the Department to sell
507507 advertising in any Department -approved publication, media production
508508 or other informational material produced by the Departme nt;
509509
510510 Req. No. 9457 Page 11 1
511511 2
512512 3
513513 4
514514 5
515515 6
516516 7
517517 8
518518 9
519519 10
520520 11
521521 12
522522 13
523523 14
524524 15
525525 16
526526 17
527527 18
528528 19
529529 20
530530 21
531531 22
532532 23
533533 24
534534
535535 provided, that such advert ising shall be approved by the Direc tor or
536536 designee prior to acceptance for publication. The sale of
537537 advertising and negotiation of rates for the advertising shall not
538538 be subject to The Oklahoma Central Purchasing Act or the
539539 Administrative Procedures Act. The Department shall promulgate
540540 rules establishing criteria for accepting or using advertisements as
541541 authorized in this paragraph;
542542 25. To issue subpoenas to assist or further investigations into
543543 allegations of crimes commit ted in public or private priso ns within
544544 the State of Oklahoma. Su bpoenas issued by the Director shall be
545545 enforced by the District Court in Oklahoma County, Oklahoma;
546546 26. To authorize award of the badge of an employee who dies
547547 while employed by the Depart ment to the spouse or next of kin of the
548548 deceased employee;
549549 27. To establish, in conjunction with the Information Services
550550 Division of the Office of Management and Enterprise Services, an
551551 emergency alert notification system for the public, capable of
552552 distributing notifications of faci lity emergencies or prisoner
553553 escapes for all facilities and each facility of the Department of
554554 Corrections;
555555 28. To declare an emergency when, due to shortage of staff,
556556 correctional officers at a facility are required to work more than
557557 two double shifts in a seven-day period. As used in th is paragraph,
558558
559559 Req. No. 9457 Page 12 1
560560 2
561561 3
562562 4
563563 5
564564 6
565565 7
566566 8
567567 9
568568 10
569569 11
570570 12
571571 13
572572 14
573573 15
574574 16
575575 17
576576 18
577577 19
578578 20
579579 21
580580 22
581581 23
582582 24
583583
584584 "double shift" means two eight-hour shifts in a twenty -four-hour
585585 period; and
586586 29. To enter into contracts with media or film production
587587 companies to allow the Department to auth orize a media or film
588588 production company to shoot commercial film s at penal institutions
589589 and other property under the control of the Department. Any funds
590590 received pursuant to said contracts shall be deposited into the
591591 Department of Corrections Revolving Fund.
592592 B. When an employee of the Department of Corrections has b een
593593 charged with a violation of the rules of the Department or with a
594594 felony pursuant to the provisions of a state or federal statute, the
595595 Director may, in the Director 's discretion, suspend the charged
596596 employee, in accordance with the Oklahoma Personnel A ct and/or the
597597 Merit System of Personnel Administration Rules, pending the hearing
598598 and final determination of the charges. Notice of suspension shall
599599 be given by the Director, in accordance w ith the provisions of the
600600 Oklahoma Personnel Act. If after compl etion of the investigation of
601601 the charges, it is determined that such charges are without merit or
602602 are not sustained before the Oklahoma Merit Protection Commission or
603603 in a court of law, the employee shall be reinstated a nd shall be
604604 entitled to receive all lost pay and benefits.
605605 This subsection shall in no way deprive an employee of the right
606606 of appeal according to the Oklahoma Personnel Act.
607607
608608 Req. No. 9457 Page 13 1
609609 2
610610 3
611611 4
612612 5
613613 6
614614 7
615615 8
616616 9
617617 10
618618 11
619619 12
620620 13
621621 14
622622 15
623623 16
624624 17
625625 18
626626 19
627627 20
628628 21
629629 22
630630 23
631631 24
632632
633633 SECTION 2. This act shall become effective November 1, 2022.
634634
635635 58-2-9457 GRS 01/19/22