OK
Oklahoma House Bill HB3288

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3288 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (2022)
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3232 HOUSE BILL 3288 By: Humphrey
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3838 AS INTRODUCED
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4040 An Act relating to prisons and reformatories;
4141 amending 57 O.S. 2021, Section 510, wh ich relates to
4242 powers and duties of the Director of the Department
4343 of Corrections; modifying duties to include the
4444 annual submission of an itemized budget for the
4545 Department; and providing an effective date .
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5252 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 57 O.S. 2021, Section 510, is
5454 amended to read as follows:
5555 Section 510. A. The Director of the Department of Corrections
5656 shall have the following specific powers and duties relating to the
5757 penal institutions:
5858 1. To appoint, subject to the approval of the State Board of
5959 Corrections, a warden for each penal institution;
6060 2. To fix the duties of the wardens and to appoint and fix the
6161 duties and compensation of such other personnel for each penal
6262 institution as may be necessary for the proper operation thereof.
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8989 However, correctional officers hired after November 1, 1995, shall
9090 be subject to the following qualifications:
9191 a. the minimum age for service shall be twenty (20) years
9292 of age. The Director shall have the authority to
9393 establish the maximum age for correctional officers
9494 entering service,
9595 b. possession of a minimum of thirty (30) semester hours
9696 from an accredited college or university, or
9797 possession of a high school diploma acquired from an
9898 accredited high school or GED equivalent testing
9999 program,
100100 c. satisfactory completion of minimum testing or
101101 professional evaluation through the Merit System of
102102 Personnel Administration to determine the fitness of
103103 the individual to serve in the position. All written
104104 evaluations shall be submitted to the Department of
105105 Corrections, and
106106 d. satisfactory completion of a physical in keeping with
107107 the conditions of the job description on an annual
108108 basis and along the guidelines as established by the
109109 Department of Corrections;
110110 3. The Director shall designate as c orrectional peace officers,
111111 correctional officers who are employed in job classifications of
112112 correctional security officer, correctional security manager,
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139139 correctional chief of security and chief of security upon
140140 satisfactory completion of a basic course o f instruction for
141141 correctional officers, as provided for in paragraph 4 of this
142142 subsection. The peace officer authority of employees designated as
143143 correctional peace officers shall be limited to: maintaining
144144 custody of prisoners; preventing attempted esc apes; pursuing,
145145 recapturing and incarcerating escapees and parole or probation
146146 violators and arresting such escapees, parole or probation
147147 violators; serving warrants; carrying firearms; preventing
148148 contraband from entering any penal institutions; arresting
149149 individuals who commit crimes at any penal institution; and
150150 performing any duties specifically required for the job
151151 descriptions. Such powers and duties of correctional peace officers
152152 may be exercised for the purpose of maintaining custody, security,
153153 and control of any prisoner being transported inside and outside
154154 this state as authorized by the Uniform Criminal Extradition Act and
155155 the Interstate Corrections Compact. The Director may implement
156156 policies that place additional limitations on the authority of
157157 correctional peace officers. The Director shall issue an
158158 identification card to each correctional peace officer that
159159 identifies the person as a correctional peace officer and grants the
160160 person the authority to carry a firearm and make arrests pursuant to
161161 this paragraph. Should a correctional peace officer terminate
162162 employment for any reason, fail to remain qualified as a
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189189 correctional peace officer or for reasons stated in policies of the
190190 Department, the correctional peace officer shall return the
191191 identification card to the supervisor of the correctional peace
192192 officer immediately;
193193 4. To develop and implement, upon approval of the State Board
194194 of Corrections, a basic course of instruction for correctional
195195 officers that consists of a training academy that pr ovides not less
196196 than two hundred (200) hours of core curriculum instruction and a
197197 firearms training program that provides not less than twenty (20)
198198 hours of instruction. The basic course of instruction shall be
199199 subject to the following:
200200 a. the minimum qualifying score that must be shot to pass
201201 the firearms training program shall be equal to the
202202 minimum qualifying score required by the Council on
203203 Law Enforcement Education and Training for peace
204204 officers, and
205205 b. the Director may waive any number of hours or courses
206206 required to complete the basic course of instruction
207207 for any person who, in the opinion of the Director,
208208 has received sufficient training or experience that
209209 such hours of instruction would be unduly burdensome
210210 or duplicative; however, completion of the firearms
211211 training program shall not be waived;
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238238 5. To develop and implement annual in -service training for
239239 correctional officers that consists of at least forty (40) hours of
240240 continued corrections education and annual recertification of
241241 firearms proficiency. The minimum qualifying score that must be
242242 shot to requalify for recertification of firearms proficiency shall
243243 be equal to the minimum qualifying score required by the Council on
244244 Law Enforcement Education and Training for the requalification of
245245 peace officers;
246246 6. To require any person employed as a correctional security
247247 officer, correctional security manager, correctional chief of
248248 security and chief of security to remain qualified as a correctional
249249 peace officer. Any correctional peace officer who is unable to
250250 remain qualified as a correctional peace officer may be offered an
251251 available position within the Department in the same or lesser pay
252252 grade for which the employee is eligible, or the employee may be
253253 terminated;
254254 7. To authorize other employee s of the Department to carry
255255 firearms anywhere in the state to use for self -defense pursuant to
256256 and consistent with policies developed by the Department upon
257257 satisfactory completion of the firearms training program provided
258258 for in paragraph 4 of this subse ction. The Director shall issue an
259259 identification card to each authorized employee that grants the
260260 employee the authority to carry a firearm pursuant to the provisions
261261 of this paragraph. Should an authorized employee terminate
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288288 employment for any reason, fail to remain qualified to carry a
289289 firearm, or for reasons stated in the policies of the Department,
290290 the authorized employee shall immediately return the identification
291291 card to the supervisor of the employee and shall no longer be
292292 authorized to carry fire arms under the authority of this paragraph;
293293 8. To maintain such industries, factories, plants, shops,
294294 farms, and other enterprises and operations, hereinafter referred to
295295 as prison industries, at each penal institution as the State Board
296296 of Corrections deems necessary or appropriate to employ the
297297 prisoners or teach skills, or to sustain the penal institution; and
298298 as provided for by policies established by the State Board of
299299 Corrections, to allow compensation for the work of the prisoners,
300300 and to provide for apportionment of inmate wages, the amounts thus
301301 allowed to be kept in accounts by the Board for the prisoners and
302302 given to the inmates upon discharge from the penal institution, or
303303 upon an order paid to their families or dependents or used for the
304304 personal needs of the prisoners. Any industry that employs
305305 prisoners shall be deemed a "State Prison Industry " if the prisoners
306306 are paid from state funds including the proceeds of goods sold as
307307 authorized by Section 123f of Title 74 of the Oklahoma Statutes.
308308 Any industry in which wages of prisoners are paid by a
309309 nongovernmental person, group, or corporation, except those
310310 industries employing prisoners in work -release centers under the
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337337 authority of the Department of Corrections shall be deemed a
338338 "Private Prison Industry";
339339 9. To assign residences at each penal institution to penal
340340 institutional personnel and their families;
341341 10. To provide for the education, training, vocational
342342 education, rehabilitation, and recreation of prisoners;
343343 11. To regulate the operatio n of canteens for prisoners;
344344 12. To prescribe rules for the conduct, management, and
345345 operation of each penal institution, including rules for the
346346 demeanor of prisoners, the punishment of recalcitrant prisoners, the
347347 treatment of incorrigible prisoners, and the disposal of property or
348348 contraband seized from inmates or offenders under the supervision of
349349 the Department;
350350 13. To transfer prisoners from one penal institution to
351351 another;
352352 14. To establish procedures that ensure inmates are educated
353353 and provided with the opportunity to execute advance directives for
354354 health care in compliance with Section 3101.2 of Title 63 of the
355355 Oklahoma Statutes. The procedures shall ensure that any inmate
356356 executing an advance directive for health care is competent and
357357 executes the directive with informed consent;
358358 15. To maintain courses of training and instruction for
359359 employees of the Department;
360360 16. To maintain a program of research and statistics;
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387387 17. To provide for the periodic audit, at least once annually,
388388 of all funds and accounts of each penal institution and the funds of
389389 each prisoner;
390390 18. To provide, subject to rules established by the State Board
391391 of Corrections, for the utilization of inmate labor for any agency
392392 of the state, city, town, or subdivision of this state , upon the
393393 duly authorized request for such labor by the agency. The inmate
394394 labor shall not be used to reduce employees or replace regular
395395 maintenance or operations of the agency. The inmate labor shall be
396396 used solely for public or state purposes. No in mate labor shall be
397397 used for private use or purpose. Insofar as it is practicable, all
398398 inmate labor shall be of such a nature and designed to assist and
399399 aid in the rehabilitation of inmates performing the labor;
400400 19. To provide clerical services for, and keep and preserve the
401401 files and records of, the Pardon and Parole Board; make
402402 investigations and inquiries as to prisoners at the penal
403403 institutions who are to be, or who might be, considered for parole
404404 or other clemency; assist prisoners who are to be, or who might be,
405405 considered for parole or discharge in obtaining suitable employment
406406 in the event of parole or discharge; report to the Pardon and Parole
407407 Board, for recommendation to the Governor, violations of terms and
408408 conditions of paroles; upon request o f the Governor, make
409409 investigations and inquiries as to persons who are to be, or who
410410 might be, considered for reprieves or leaves of absence; report to
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437437 the Pardon and Parole Board, for recommendation to the Governor,
438438 whether a parolee is entitled to a par don, when the terms and
439439 conditions of the parole have been completed; make presentence
440440 investigations for, and make reports thereof to, trial judges in
441441 criminal cases consistent with other laws of the state; supervise
442442 persons on felony probation or parole; and develop and operate,
443443 subject to the policies and guidelines of the Board, work -release
444444 centers, community treatment facilities or prerelease programs at
445445 appropriate sites throughout this state;
446446 20. To establish an employee tuition assistance program and
447447 promulgate rules in accordance with the Administrative Procedures
448448 Act for the operation of the program. The rules shall include, but
449449 not be limited to, program purposes, eligibility requirements, use
450450 of tuition assistance, service commitment to the De partment,
451451 reimbursement of tuition assistance funds for failure to complete
452452 course work or service commitment, amounts of tuition assistance and
453453 limitations, and record keeping;
454454 21. To establish an employee recruitment and referral incentive
455455 program and promulgate rules in accordance with the Administrative
456456 Procedures Act for the operation of the program. The rules shall
457457 include, but not be limited to, program purposes, pay incentives for
458458 employees, eligibility requirements, payment conditions and amounts ,
459459 payment methods, and record keeping;
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486486 22. To provide reintegration referral services to any person
487487 discharged from the state custody who has volunteered to receive
488488 reintegration referral services. The Director may assign staff to
489489 refer persons discharge d from state custody to services. The
490490 Director shall promulgate rules for the referral process. All
491491 reintegration referral services shall be subject to the availability
492492 of funds;
493493 23. To conduct continual planning and research and periodically
494494 evaluate the effectiveness of the various correctional programs
495495 instituted by the Department; manage the designing, building, and
496496 maintaining of all the capital improvements of the Department;
497497 establish and maintain current and efficient business, bookkeeping,
498498 and accounting practices and procedures for the operations of all
499499 penal institutions and facilities, and for the Department 's fiscal
500500 affairs; conduct initial orientation and continuing in -service
501501 training for the Department employees; provide public information
502502 services; inspect and examine the condition and management of state
503503 penal and correctional institutions; investigate complaints
504504 concerning the management of prisons or alleged mistreatment of
505505 inmates thereof; and hear and investigate complaints as to
506506 misfeasance or nonfeasance of employees of the Department;
507507 24. To authorize any division of the Department to sell
508508 advertising in any Department -approved publication, media production
509509 or other informational material produced by the Department;
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536536 provided, that such advertising shall be approved by the Director or
537537 designee prior to acceptance for publication. The sale of
538538 advertising and negotiation of rates for the advertising shall not
539539 be subject to The Oklahoma Central Purchasing Act or the
540540 Administrative Procedures Act. The Department shall promulgate
541541 rules establishing criteria for accepting or using advertisements as
542542 authorized in this paragraph;
543543 25. To issue subpoenas to assist or further investigations into
544544 allegations of crimes committed in public or pr ivate prisons within
545545 the State of Oklahoma. Subpoenas issued by the Director shall be
546546 enforced by the District Court in Oklahoma County, Oklahoma;
547547 26. To authorize award of the badge of an employee who dies
548548 while employed by the Department to the spouse or next of kin of the
549549 deceased employee;
550550 27. To establish, in conjunction with the Information Services
551551 Division of the Office of Management and Enterprise Services, an
552552 emergency alert notification system for the public, capable of
553553 distributing notificati ons of facility emergencies or prisoner
554554 escapes for all facilities and each facility of the Department of
555555 Corrections;
556556 28. To declare an emergency when, due to shortage of staff,
557557 correctional officers at a facility are required to work more than
558558 two double shifts in a seven-day period. As used in this paragraph,
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585585 "double shift" means two eight-hour shifts in a twenty -four-hour
586586 period; and
587587 29. To enter into contracts with media or film production
588588 companies to allow the Department to authorize a media or fi lm
589589 production company to shoot commercial films at penal institutions
590590 and other property under the control of the Department. Any funds
591591 received pursuant to said contracts shall be deposited into the
592592 Department of Corrections Revolving Fund ; and
593593 30. To provide annually to the Legislative Oversight Committee
594594 on State Budget Performance a budget for the Department which shall
595595 include the following:
596596 a. itemized estimate of needs for the ensuing fiscal year
597597 including estimates for state employee benefit,
598598 insurance, and retirement programs for all employees
599599 of the Department,
600600 b. request for funds for the ensuing fiscal year , and
601601 c. estimate of the revenues from all sources to be
602602 received by the Department during the ensuing fiscal
603603 year.
604604 B. When an employee of the Department of Corrections has been
605605 charged with a violation of the rules of the Department or with a
606606 felony pursuant to the provisions of a state or federal statute, the
607607 Director may, in the Director 's discretion, suspend the charged
608608 employee, in accordance with the Oklahoma Personnel Act and/or the
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635635 Merit System of Personnel Administration Rules, pending the hearing
636636 and final determination of the charges. Notice of suspension shall
637637 be given by the Director, in accordance with the provisions of the
638638 Oklahoma Personnel Act. If after completion of the investigation of
639639 the charges, it is determined that such charges are without merit or
640640 are not sustained before the Oklahoma Merit Protection Commission or
641641 in a court of law, the employee shall be reinstated and shall be
642642 entitled to receive all lost pay and benefits.
643643 This subsection shall in no way deprive an employee of the right
644644 of appeal according to the Oklahoma Personnel Act.
645645 SECTION 2. This act shall become effective November 1, 2022.
646646
647647 58-2-8585 GRS 01/06/22