Oklahoma 2022 Regular Session

Oklahoma House Bill HB3302 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 3302 Page 1 1
	3	+	HB3302 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3302 By: Humphrey of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Bergstrom of the Senate
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	HOUSE BILL 3302 By: Humphrey
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	41	+	AS INTRODUCED
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40		-	[ prisons and reformatories - providing for the
41		-	suspension of shift supervisors when violating
42		-	certain provision - effective date ]
	43	+	An Act relating to prisons and reformatories;
	44	+	amending 57 O.S. 2021, Section 510, whi ch relates to
	45	+	powers and duties of the Director of the Department
	46	+	of Corrections; providing for the suspension of shift
	47	+	supervisors when violating certain provision; and
	48	+	providing an effective date .
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47	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
48	54		SECTION 1. AMENDATORY 57 O.S. 2021, Section 510, is
49	55		amended to read as follows:
50	56		Section 510. A. The Director of the Department of Corrections
51	57		shall have the following specific powers and duties relating to the
52	58		penal institutions:
53	59		1. To appoint, subject to the approval of the State Board of
54	60		Corrections, a warden for each penal institution;
55	61		2. To fix the duties of the wardens and to appoint and fix the
56	62		duties and compensation of such other personnel for each penal
57	63		institution as may be necessary for the proper operation thereof.
58		-	However, correctional officers hired after November 1, 1995, shall
59		-	be subject to the following qualifications:
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61		-	ENGR. H. B. NO. 3302 Page 2 1
	65	+	HB3302 HFLR Page 2
	66	+	BOLD FACE denotes Committee Amendments. 1
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	91	+	However, correctional officers hired after November 1, 1995, shall
	92	+	be subject to the following qualifications:
86	93		a. the minimum age for service shall be twenty (20) years
87	94		of age. The Director shall have th e authority to
88	95		establish the maximum age for correctional officers
89	96		entering service,
90	97		b. possession of a minimum of thirty (30) semester hours
91	98		from an accredited college or university, or
92	99		possession of a high school diploma acquired from an
93	100		accredited high school or GED equivalent testing
94	101		program,
95	102		c. satisfactory completion of minimum testing or
96	103		professional evaluation through the Merit System of
97	104		Personnel Administration to determine the fitness of
98	105		the individual to serve in the position. All written
99	106		evaluations shall be submi tted to the Department of
100	107		Corrections, and
101	108		d. satisfactory completion of a physical in keeping with
102	109		the conditions of the job description on an annual
103	110		basis and along the guidelines as established by the
104	111		Department of Corrections;
105	112		3. The Director shall de signate as correctional peace officers,
106	113		correctional officers who are employed in job classifications of
107	114		correctional security officer, correctional security manager,
108		-	correctional chief of security and chief of security upon
109		-	satisfactory completion of a ba sic course of instruction for
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111		-	ENGR. H. B. NO. 3302 Page 3 1
	116	+	HB3302 HFLR Page 3
	117	+	BOLD FACE denotes Committee Amendments. 1
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	142	+	correctional chief of security and chief of security upon
	143	+	satisfactory completion of a ba sic course of instruction for
136	144		correctional officers, as provided for in paragraph 4 of this
137	145		subsection. The peace officer authority of employees designated as
138	146		correctional peace officers shall be limited to: maintaining
139	147		custody of prisoners; preventing a ttempted escapes; pursuing,
140	148		recapturing and incarcerating escapees and parole or probation
141	149		violators and arresting such escapees, parole or probation
142	150		violators; serving warrants; carrying firearms; preventing
143	151		contraband from entering an y penal institutions ; arresting
144	152		individuals who commit crimes at any penal institution; and
145	153		performing any duties specifically required for the job
146	154		descriptions. Such powers and duties of correctional peace officers
147	155		may be exercised for the purpose of mai ntaining custody, se curity,
148	156		and control of any prisoner being transported inside and outside
149	157		this state as authorized by the Uniform Criminal Extradition Act and
150	158		the Interstate Corrections Compact. The Director may implement
151	159		policies that place additional limitations on the authority of
152	160		correctional peace officers. The Director shall issue an
153	161		identification card to each correctional peace officer that
154	162		identifies the person as a correctional peace officer and grants the
155	163		person the authority to carry a fire arm and make arrests pursuant to
156	164		this paragraph. Should a correctional peace officer terminate
157	165		employment for any reason, fail to remain qualified as a
158		-	correctional peace officer or for reasons stated in policies of the
159		-	Department, the correctional peace officer shall return the
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161		-	ENGR. H. B. NO. 3302 Page 4 1
	167	+	HB3302 HFLR Page 4
	168	+	BOLD FACE denotes Committee Amendments. 1
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	193	+	correctional peace officer or for reasons stated in policies of the
	194	+	Department, the correctional peace officer shall return the
186	195		identification card to the supervisor of the correctional peace
187	196		officer immediately;
188	197		4. To develop and implement, upon approval of the State Board
189	198		of Corrections, a basic course of instruction for correctional
190	199		officers that consis ts of a training aca demy that provides not less
191	200		than two hundred (200) hours of core curriculum instruction and a
192	201		firearms training program that provides not less than twenty (20)
193	202		hours of instruction. The basic course of instruction shall be
194	203		subject to the following:
195	204		a. the minimum qualifying score that must be shot to pass
196	205		the firearms training program shall be equal to the
197	206		minimum qualifying score required by the Council on
198	207		Law Enforcement Education and Training for peace
199	208		officers, and
200	209		b. the Director may waive any number of hours or courses
201	210		required to complete the basic course of instruction
202	211		for any person who, in the opinion of the Director,
203	212		has received sufficient training or experience that
204	213		such hours of instruction would be unduly burdensome
205	214		or duplicative; however, c ompletion of the firearms
206	215		training program shall not be waived;
207		-	5. To develop and implement annual in -service training for
208		-	correctional officers that consists of at least forty (40) hours of
209		-	continued corrections education and annual r ecertification of
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211		-	ENGR. H. B. NO. 3302 Page 5 1
	217	+	HB3302 HFLR Page 5
	218	+	BOLD FACE denotes Committee Amendments. 1
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	243	+	5. To develop and implement annual in -service training for
	244	+	correctional officers that consists of at least forty (40) hours of
	245	+	continued corrections education and annual r ecertification of
236	246		firearms proficiency. The minimum qualifying score that must be
237	247		shot to requalify for recertification of firearms proficiency shall
238	248		be equal to the minimum qualifying score required by the Council on
239	249		Law Enforcement Education and Trainin g for the requalific ation of
240	250		peace officers;
241	251		6. To require any person employed as a correctional security
242	252		officer, correctional security manager, correctional chief of
243	253		security and chief of security to remain qualified as a correctional
244	254		peace officer. Any correctional peace officer who is unable to
245	255		remain qualified as a correctional peace officer may be offered an
246	256		available position within the Department in the same or lesser pay
247	257		grade for which the employee is eligible, or the employee may be
248	258		terminated;
249	259		7. To authorize other employees of the Department to carry
250	260		firearms anywhere in the state to use for self -defense pursuant to
251	261		and consistent with policies developed by the Department upon
252	262		satisfactory completion of the firearms training program provided
253	263		for in paragraph 4 o f this subsection. The Director shall issue an
254	264		identification card to each authorized employee that grants the
255	265		employee the authority to carry a firearm pursuant to the provisions
256	266		of this paragraph. Should an authorized employee termi nate
257		-	employment for any reason, fail to remain qualified to carry a
258		-	firearm, or for reasons stated in the policies of the Department,
259		-	the authorized employee shall immediately return the identification
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261		-	ENGR. H. B. NO. 3302 Page 6 1
	268	+	HB3302 HFLR Page 6
	269	+	BOLD FACE denotes Committee Amendments. 1
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	294	+	employment for any reason, fail to remain qualified to carry a
	295	+	firearm, or for reasons stated in the policies of the Department,
	296	+	the authorized employee shall immediately return the identification
286	297		card to the supervisor of the employee and shall no lo nger be
287	298		authorized to carry firearms under the authority of this paragraph;
288	299		8. To maintain such industries, factories, plants, shops,
289	300		farms, and other enterprises and operations, hereinafter referred to
290	301		as prison industries, at each penal institution as t he State Board
291	302		of Corrections deems necessary or appropriate to employ the
292	303		prisoners or teach skills, or to sustain the penal institution; and
293	304		as provided for by policies established by the State Board of
294	305		Corrections, to allow compensation for the work of the prisoners,
295	306		and to provide for apportionment of inmate wages, the amounts thus
296	307		allowed to be kept in accounts by the Board for the prisoners and
297	308		given to the inmates upon discharge from the penal institution, or
298	309		upon an order paid to their families or d ependents or used fo r the
299	310		personal needs of the prisoners. Any industry that employs
300	311		prisoners shall be deemed a "State Prison Industry " if the prisoners
301	312		are paid from state funds including the proceeds of goods sold as
302	313		authorized by Section 123f of Title 74 of the Oklahoma Statutes.
303	314		Any industry in which wages of prisoners are paid by a
304	315		nongovernmental person, group, or corporation, except those
305	316		industries employing prisoners in work -release centers under the
306		-	authority of the Department of Corrections sh all be deemed a
307		-	"Private Prison Industry";
308		-	9. To assign residences at each penal institution to penal
309		-	institutional personnel and their families;
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311		-	ENGR. H. B. NO. 3302 Page 7 1
	318	+	HB3302 HFLR Page 7
	319	+	BOLD FACE denotes Committee Amendments. 1
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	344	+	authority of the Department of Corrections sh all be deemed a
	345	+	"Private Prison Industry";
	346	+	9. To assign residences at each penal institution to penal
	347	+	institutional personnel and their families;
336	348		10. To provide for the education, training, vocational
337	349		education, rehabilitation, and recreation of prisoner s;
338	350		11. To regulate the operation of canteens for prisoners;
339	351		12. To prescribe rules for the conduct, management, and
340	352		operation of each penal institution, including rules for the
341	353		demeanor of prisoners, the punishment of recalcitrant prisoners, the
342	354		treatment of incorrigible pr isoners, and the disposal of property or
343	355		contraband seized from inmates or offenders under the supervision of
344	356		the Department;
345	357		13. To transfer prisoners from one penal institution to
346	358		another;
347	359		14. To establish procedures that ensure inm ates are educated
348	360		and provided with the opportunity to execute advance directives for
349	361		health care in compliance with Section 3101.2 of Title 63 of the
350	362		Oklahoma Statutes. The procedures shall ensure that any inmate
351	363		executing an advance directive for health care is competent and
352	364		executes the directive with informed consent;
353	365		15. To maintain courses of training and instruction for
354	366		employees of the Department;
355	367		16. To maintain a program of research and statistics;
356		-	17. To provide for the periodic audit, at lea st once annually,
357		-	of all funds and accounts of each penal institution and the funds of
358		-	each prisoner;
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360		-	ENGR. H. B. NO. 3302 Page 8 1
	369	+	HB3302 HFLR Page 8
	370	+	BOLD FACE denotes Committee Amendments. 1
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	395	+	17. To provide for the periodic audit, at lea st once annually,
	396	+	of all funds and accounts of each penal institution and the funds of
	397	+	each prisoner;
385	398		18. To provide, subject to rules established by the State Board
386	399		of Corrections, for the utilization of inmate labor for any agency
387	400		of the state, city, to wn, or subdivision o f this state, upon the
388	401		duly authorized request for such labor by the agency. The inmate
389	402		labor shall not be used to reduce employees or replace regular
390	403		maintenance or operations of the agency. The inmate labor shall be
391	404		used solely for public or state purp oses. No inmate labor shall be
392	405		used for private use or purpose. Insofar as it is practicable, all
393	406		inmate labor shall be of such a nature and designed to assist and
394	407		aid in the rehabilitation of inmates performing the labor;
395	408		19. To provide clerical servic es for, and keep and preserve the
396	409		files and records of, the Pardon and Parole Board; make
397	410		investigations and inquiries as to prisoners at the penal
398	411		institutions who are to be, or who might be, considered for parole
399	412		or other clemency; as sist prisoners who a re to be, or who might be,
400	413		considered for parole or discharge in obtaining suitable employment
401	414		in the event of parole or discharge; report to the Pardon and Parole
402	415		Board, for recommendation to the Governor, violations of terms and
403	416		conditions of paroles; up on request of the Governor, make
404	417		investigations and inquiries as to persons who are to be, or who
405	418		might be, considered for reprieves or leaves of absence; report to
406		-	the Pardon and Parole Board, for rec ommendation to the Governor,
407		-	whether a parolee is entit led to a pardon, when the terms and
408		-	conditions of the parole have been completed; make presentence
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410		-	ENGR. H. B. NO. 3302 Page 9 1
	420	+	HB3302 HFLR Page 9
	421	+	BOLD FACE denotes Committee Amendments. 1
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	446	+	the Pardon and Parole Board, for recommendation to the Governor,
	447	+	whether a parolee is entit led to a pardon, when the terms and
	448	+	conditions of the parole have been completed; make presentence
435	449		investigations for, and make reports thereof to, trial judges in
436	450		criminal cases consistent with other laws of the state; supervise
437	451		persons on felony probatio n or parole; and develop and operate,
438	452		subject to the policies and guidelines of the Board, work -release
439	453		centers, community treatment facilities or prerelease programs at
440	454		appropriate sites throughout this state;
441	455		20. To establish an empl oyee tuition assista nce program and
442	456		promulgate rules in accordance with the Administrative Procedures
443	457		Act for the operation of the program. The rules shall include, but
444	458		not be limited to, program purposes, eligibility requirements, use
445	459		of tuition assistance, service commitme nt to the Department,
446	460		reimbursement of tuition assistance funds for failure to complete
447	461		course work or service commitment, amounts of tuition assistance and
448	462		limitations, and record keeping;
449	463		21. To establish an employee recruitment and referral incentive
450	464		program and promulgate rules in accordance with the Administrative
451	465		Procedures Act for the operation of the program. The rules shall
452	466		include, but not be limited to, program purposes, pay incentives for
453	467		employees, eligibility requirements , payment conditions and amounts,
454	468		payment methods, and record keeping;
455		-	22. To provide reintegration referral services to any person
456		-	discharged from the state custody who has volunteered to receive
457		-	reintegration referral services. The Director may assign staff to
458		-	refer persons discharged from state custody to services. The
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460		-	ENGR. H. B. NO. 3302 Page 10 1
	470	+	HB3302 HFLR Page 10
	471	+	BOLD FACE denotes Committee Amendments. 1
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	496	+	22. To provide reintegration referral services to any person
	497	+	discharged from the state custody who has volunteered to receive
	498	+	reintegration referral services. The Director may assign staff to
	499	+	refer persons discharged from state custody to services. The
485	500		Director shall promulgate rules for the referral process. All
486	501		reintegration referral services shall be subject to the availability
487	502		of funds;
488	503		23. To conduct continual planning and rese arch and periodicall y
489	504		evaluate the effectiveness of the various correctional programs
490	505		instituted by the Department; manage the designing, building, and
491	506		maintaining of all the capital improvements of the Department;
492	507		establish and maintain current and effici ent business, bookke eping,
493	508		and accounting practices and procedures for the operations of all
494	509		penal institutions and facilities, and for the Department 's fiscal
495	510		affairs; conduct initial orientation and continuing in -service
496	511		training for the Department emplo yees; provide public information
497	512		services; inspect and examine the condition and management of state
498	513		penal and correctional institutions; investigate complaints
499	514		concerning the management of prisons or alleged mistreatment of
500	515		inmates thereof; and hear and i nvestigate complaint s as to
501	516		misfeasance or nonfeasance of employees of the Department;
502	517		24. To authorize any division of the Department to sell
503	518		advertising in any Department -approved publication, media production
504	519		or other informational material produced by the Department;
505		-	provided, that such advertising shall be approved by the Director or
506		-	designee prior to acceptance for publication. The sale of
507		-	advertising and negotiation of rates for the advertising shall not
508		-	be subject to the Oklahoma Central Purchasin g Act or the
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510		-	ENGR. H. B. NO. 3302 Page 11 1
	521	+	HB3302 HFLR Page 11
	522	+	BOLD FACE denotes Committee Amendments. 1
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	547	+	provided, that such advertising shall be approved by the Director or
	548	+	designee prior to acceptance for publication. The sale of
	549	+	advertising and negotiation of rates for the advertising shall not
	550	+	be subject to the Oklahoma Central Purchasin g Act or the
535	551		Administrative Procedures Act. The Department shall promulgate
536	552		rules establishing criteria for accepting or using advertisements as
537	553		authorized in this paragraph;
538	554		25. To issue subpoenas to assist or further investigations into
539	555		allegations of crimes committed in public or private prisons within
540	556		the State of Oklahoma. Subpoenas issued by the Director shall be
541	557		enforced by the District Court in Oklahoma County, Oklahoma;
542	558		26. To authorize award of the badge of an employee who dies
543	559		while employed by the Department to the spouse or next of kin of the
544	560		deceased employee;
545	561		27. To establish, in conjunction with the Information Services
546	562		Division of the Office of Management and Enterprise Services, an
547	563		emergency alert notification system for the public, ca pable of
548	564		distributing notifications of facility emergencies or prisoner
549	565		escapes for all facilities and each facility of the Department of
550	566		Corrections;
551	567		28. To declare an emergency when, due to shortage of staff,
552	568		correctional officers at a facility are requ ired to work more th an
553	569		two double shifts in a seven-day period. As used in this paragraph,
554	570		"double shift" means two eight-hour shifts in a twenty -four-hour
555		-	period. When the Director fails to declare an emergency due to
556		-	shortage of staff and a shift supervisor requires a correctional
557		-	officer to work more than two double shifts in a seven -day period,
558		-	the shift supervisor shall be suspended, without pay, for violating
559	571
560		-	ENGR. H. B. NO. 3302 Page 12 1
	572	+	HB3302 HFLR Page 12
	573	+	BOLD FACE denotes Committee Amendments. 1
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583	596		24
584	597
	598	+	period. When the Director fails to declare an emergency due to
	599	+	shortage of staff and a shift supervisor requires a correctional
	600	+	officer to work more than two double shifts in a seven -day period,
	601	+	the shift supervisor shall be suspended, without pay, for violating
585	602		the provisions of this paragraph . Notice of suspension shall be
586	603		given by the Director in accordance with the p rovisions of the
587	604		Oklahoma Personnel Act; and
588	605		29. To enter into contracts with media or film production
589	606		companies to allow the Department to authorize a media or film
590	607		production company to shoot commercial films at penal institutions
591	608		and other property und er the control of the Department. Any funds
592	609		received pursuant to said contracts shall be deposited into the
593	610		Department of Corrections Revolving Fund.
594	611		B. When an employee of the D epartment of Corrections has been
595	612		charged with a violati on of the rules of t he Department or with a
596	613		felony pursuant to the provisions of a state or federal statute, the
597	614		Director may, in the Director 's discretion, suspend the charged
598	615		employee, in accordance with the Oklahoma Personnel Act and/or the
599	616		Merit System of Personnel Administration Rules, pending the hearing
600	617		and final determination of the charges. Notice of suspension shall
601	618		be given by the Director, in accordance with the provisions of the
602	619		Oklahoma Personnel Act. If after completion of the investigation of
603	620		the charges, it is determined that such charges are without merit or
604	621		are not sustained before the Oklahoma Merit Protection Commission or
605		-	in a court of law, the employee shall be reinstated and sh all be
606		-	entitled to receive all lost pay and benefits.
607		-	This subsection shall in no way deprive an employee of the right
608		-	of appeal according to the Oklahoma Personnel Act.
609	622
610		-	ENGR. H. B. NO. 3302 Page 13 1
	623	+	HB3302 HFLR Page 13
	624	+	BOLD FACE denotes Committee Amendments. 1
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634	648
	649	+	in a court of law, the employee shall be reinstated and sh all be
	650	+	entitled to receive all lost pay and benefits.
	651	+	This subsection shall in no way deprive an employee of the right
	652	+	of appeal according to the Oklahoma Personnel Act.
635	653		SECTION 2. This act shall become effective November 1, 2022.
636		-	Passed the House of Represent atives the 21st day of March, 2022.
637	654
638		-
639		-
640		-
641		-	Presiding Officer of the House
642		-	of Representatives
643		-
644		-
645		-	Passed the Senate the ___ day of __________, 2022.
646		-
647		-
648		-
649		-
650		-	Presiding Officer of the Senate
651		-
652		-
	655	+	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTI ONS,
	656	+	dated 03/03/2022 - DO PASS.