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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3295 By: Humphrey
AS INTRODUCED
An Act relating to prisons and reformatories;
directing the Department of Corrections to develop
matrix of sanctions and incentives for parolees and
probationers; authorizing the Department to use
violation responses and intermediate sanction
process; directing probation and parole officers to
initiate violation response and intermediate sanction
process after discovery of violation; stat ing
procedures for initiating process; requiring
establishment of procedures to hear violation
responses and review sanction plans; directing
Department to provide record of violations to Pardon
and Parole Board; establishing procedures for hearing
officers when determining whether technical parole
violations have occurred; providing for sanctions or
revocation under certain circumstances; prohibiting
revocation under certain circumstances; defining
term; directing the Department to develop cert ain
policies and procedures; providing for codification ;
and providing an effective date.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 515b of Title 57, unless there
is created a duplication in numbering, reads as follows:
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A. The Department of Corrections shall develop a matrix of
sanctions and incentives to address behavior committed by paro lees
and probationers who are being superv ised by the Department. The
Department shall be authorized to use a violat ion response and
intermediate sanction process based on the matrix to apply to any
technical violations of the terms and conditions of paro le and
probation. The matrix shall be use d for probationers in accordance
with the procedures provided in Section 991b of Title 22 of the
Oklahoma Statutes, and for parolees in accordance with this section.
B. Within four (4) working days of the discover y of a parole
violation, the probation and parole officer shall initiate the
violation response and intermediate sanction process. The probation
and parole officer shall complete a sanction form, which shall
specify the technical violation, sanction , and action plan to
correct the noncompliant be havior resulting in the technical
violation. The probation and parole officer shall refer to the
matrix to determine the supervision, treatment , and sanction
appropriate to address the noncompliant behavior. The probation and
parole officer shall refer t he violation information and recommended
response with a sanction plan to the Department to be heard by a
hearing officer.
C. The Department shall establish procedures to hear responses
to technical violations an d review sanction plans for parolees
including the following:
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1. Hearing officers shall report through a chain of c ommand
separate from that of the supervising probation and parole officers;
2. The Department shall provide the offender written notice of
the violation, the evidence relied upon , and the reason the sanction
was imposed;
3. The hearing shall be held unles s the offender waives the
right to the hearing;
4. The hearing shall be electronically recorded; and
5. The Department shall provide to th e Pardon and Parole Board
a record of all violations and actions taken pursuant to this
subsection.
D. The hearing officer shall determine based on a preponderance
of the evidence whether a technical parole violation occurred. Upon
a finding that a techn ical violation occurred, the hearing offic er
may order the offender to participate in the recommended sanction
plan or may modify the plan. Offenders who accept the sanction plan
shall sign a violation response sanction form, and the hearing
officer shall then impose the sanction. Failure of the offender to
comply with the imposed sanction plan shall constitute a viol ation
of the rules and conditions of supervision that may result in a
revocation proceeding. If an offender does not voluntarily accept
the recommended sanction plan, the Department shall either impose
the sanction and allow the offender to appeal to the Pardon and
Parole Board or request a revocation proceeding as provided by law.
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E. Absent a finding by a probation and parole officer of the
willful nonpayment of fines and costs by an offender, said failure
to pay such fines and costs may not serve as a b asis for revocation.
F. As used in this section, "technical violation" means a
violation of the rules and conditions of supervision, other than:
a. commission of a new criminal offe nse for which felony
or misdemeanor charges are filed including violation
of a protective order pursuant to Section 60.6 of
Title 22 of the Oklahoma Statutes,
b. absconding, defined as failing to initially report o r
missing assigned reporting requirement f or an excess
of sixty (60) days, or
c. any violation of the specialized sex offender rules
created by the Department.
G. The Department shall develop policies and procedures
necessary to implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9459 GRS 01/13/22