Oklahoma 2022 Regular Session

Oklahoma House Bill HB3903 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		2nd Session of the 58th Legislature (2022)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR
37		-	HOUSE BILL NO. 3903 By: Pfeiffer ~~and Martinez~~
	34	+	HOUSE BILL NO. 3903 By: Pfeiffer
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43	40		COMMITTEE SUBSTITUTE
44	41
45	42		An Act relating to prisons and reformatories;
46	43		amending 57 O.S. 2021, Section 332.7 , which relates
47	44		to parole eligibility; removing references to
48	45		sentencing matrix; clarifying parole eligibility
49	46		dates for inmates sentenced before certain date;
50	47		deleting eligibility category; making inmates
51	48		sentenced after cert ain date eligible for parole
52	49		consideration; making certain parole consideration s
53	50		subject to rules and procedures of the Oklahoma
54	51		Administrative Code; proh ibiting the Pardon and
55	52		Parole Board from recommending certain inm ates for
56	53		parole; deleting refere nce to certain sentencing
57	54		matrix; requiring notice to district attorneys and
58	55		victims when granting administrative parole;
59	56		providing for clemency under certain circumstances ;
60	57		providing restrictions for inmates requesting
61	58		commutation of their sentences; allowing clemency
62	59		considerations for inmates sentenced to death;
63	60		empowering the Board to consider recommending
64	61		clemency for capital sentences; providing
65	62		restrictions; providing limitations on granting
66	63		clemency recommendations; pro hibiting the commutation
67	64		of sentence if the inmate has rec eived clemency or
68	65		favorable recommendation for clemency ; providing for
69	66		codification; and declaring an emergency .
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73	70		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
	71	+	SECTION 1. AMENDATORY 57 O.S. 2021, Section 332.7, is
	72	+	amended to read as follows:
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75		-	HB3903 HFLR Page 2
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101		-	SECTION 1. AMENDATORY 57 O.S. 2021, Section 332.7, is
102		-	amended to read as follows:
103	99		Section 332.7 A. For a crime committed prior to July 1, 1998,
104	100		any person in the custody of the Department of Corrections shall be
105	101		eligible for consideration for parole at the earliest of the
106	102		following dates:
107	103		1. Has completed serv ing one-third (1/3) of the sentence;
108	104		2. Has reached at least sixty (60) years of age and also has
109	105		served at least fifty percent (50%) of the time of imprisonment that
110	106		would have been imposed for that offense pursuant to the applicable
111	107		matrix, provided in Sections 598 through 601, Chapter 133, O.S.L.
112	108		1997; provided, however, no inmate serving a sentence for crimes
113	109		listed in Schedules A, S -1, S-2 or S-3 of Section 6, Chapter 133,
114	110		O.S.L. 1997, or serving a sentence of ; provided, however, no inmate
115	111		sentenced to life imprisonment without parole shall be eligible to
116	112		be considered for parole pursuant to this paragraph; or
117	113		3. Has reached eighty -five percent (85%) of the midpoint of the
118	114		time of imprisonment that would have been imposed time of
119	115		imprisonment imposed for an offense that is listed in Schedule A, B,
120	116		C, D, D-1, S-1, S-2 or S-3 of Section 6, Chapter 133, O.S.L. 1997,
121	117		pursuant to the applicable matrix Section 13.1 of Title 21 of the
122	118		Oklahoma Statutes; provided, however, no inmate serving a sentence
123	119		of sentenced to life imprisonment without parole shall be eligible
124	120		to be considered for parole pursuant to this paragraph ; or
	121	+	4. Has reached seve nty-five percent (75%) of the midpoint of
	122	+	the time of imprisonment that would have been imposed for an offense
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152		-	4. Has reached seve nty-five percent (75%) of the midpoint of
153		-	the time of imprisonment that would have been imposed for an offense
154	149		that is listed in any other schedule, pursuant to the applicable
155	150		matrix; provided, however, no inmate serving a sentence of life
156	151		imprisonment without parole shall be eligi ble to be considered for
157	152		parole pursuant to this paragraph .
158	153		B. For a crime committed on or a fter July 1, 1998, and before
159	154		November 1, 2018, any person in the custody of the Department of
160	155		Corrections shall be eligible for consider ation for parole who has
161	156		completed serving one-third (1/3) of the sentence or eighty-five
162	157		percent (85%) for an offense listed in Section 13.1 of Title 21 of
163	158		the Oklahoma Statutes; provided, however, no inmate serving a
164	159		sentence of sentenced to life imprisonment without parole shall be
165	160		eligible to be considered for parole pursuant to this subsection.
166	161		C. For a crime commi tted on or after November 1, 2018, any
167	162		person in the custody of the Department of Corrections shall be
168	163		eligible for parole after serving one -fourth (1/4) of the sent ence
169	164		or consecutive sentences imposed, according to the following
170	165		criteria:
171	166		1. A person eligible for parole under this subsection shall be
172	167		eligible for administrative parole under subsection R of this
173	168		section once the person serves one -fourth (1/4) of the sentence or
174	169		consecutive sentences imposed; provided, however, no inmate serving
175	170		a sentence of sentenced to life imprisonment without parole, a
	171	+	sentence for a violent crime as set forth in Section 571 of this
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177		-	HB3903 HFLR Page 4
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203		-	sentence for a violent crime as set forth in Section 571 of this
204	198		title or any crime enumerated in Section 13.1 o f Title 21 of the
205	199		Oklahoma Statutes shall be eligible for administrative parole.
206	200		2. A person eligible for parole under this subsection shall be
207	201		eligible for parole once the person serves one -fourth (1/4) of the
208	202		sentence or consecutive sentences imposed; p rovided, however no
209	203		inmate serving a sentence of life imprisonment without parole is
210	204		eligible for parole.
211	205		D. The parole hearings conducted for persons pursuant to
212	206		paragraph 3 of subsection A of this section or for any person who
213	207		was convicted of a violent crime as set forth in Section 571 of this
214	208		title and who is eligible for parole consideration pursuant to
215	209		paragraph 1 of subsection A of this section , subsection B or
216	210		paragraph 2 of subsection C of this section shall be conducted in
217	211		two stages, as follows:
218	212		1. At the initial hearing, the Pardon and Parole Board shall
219	213		review the completed report su bmitted by the staff of the Board and
220	214		shall conduct a vote regarding whether, based upon that report, the
221	215		Board decides to consider the person for parole at a subs equent
222	216		meeting of the Board; and
223	217		2. At the subsequent meeting, the Board shall hear from any
224	218		victim or representatives of the victim that want to contest the
225	219		granting of parole to that person and shall conduct a vote regarding
226	220		whether parole should be rec ommended for that person.
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228		-	HB3903 HFLR Page 5
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254	247		E. Any inmate who has parole consideration dates calculated
255	248		pursuant to subsection A, B or C of this section may be considered
256	249		up to two (2) months prior to the parole eligibility date. Except
257	250		as otherwise directed by the Pardon and Parole Board Subject to the
258	251		rules and procedures within the Oklahoma Administrative Code, any
259	252		person who has been considered for parole and was denied parole or
260	253		who has waived consideration shall not be reconsidered for parole:
261	254		1. Within three (3) ye ars of the denial or waiver, if the
262	255		person was convicted of a violent crime, as set forth in Section 571
263	256		of this title, and was eligible for consideration pursuant to
264	257		paragraph 1 of subsection A of this section , subsection B of this
265	258		section or paragraph 2 of subsection C of this section, unless the
266	259		person is within one (1) year of discharge; or
267	260		2. Until the person has served at least one -third (1/3) of the
268	261		sentence imposed, if the person was eligible for consideration
269	262		pursuant to paragraph 3 of subsection A of this section. Thereafter
270	263		the person shall not be considered more frequently than once e very
271	264		three (3) years, unless the person is within one (1) year of
272	265		discharge.
273	266		F. Any person in the custody of the Department of Corrections
274	267		for a crime committed p rior to July 1, 1998, who has been considered
275	268		for parole on a docket created for a type of pa role consideration
276	269		that has been abolished by the Legislature shall not be considered
277	270		for parole except in accordance with this section.
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279		-	HB3903 HFLR Page 6
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305	297		G. The Pardon and Parole Board shall promulgate rules for the
306	298		implementation of subsections A, B and C of this section . The rules
307	299		shall include, but not be limited to, procedures for reconsideration
308	300		of persons denied parole under this section and procedure for
309	301		determining what sentence a person eligible for parole consideration
310	302		pursuant to subsection A of this section wo uld have received under
311	303		the applicable matrix.
312	304		H. The Pardon and Parole Board shall no t recommend to the
313	305		Governor any person who has been convicted of three or mo re felonies
314	306		arising out of separate and distinct transactions, with three or
315	307		more incarcerations for such felonies, unless such person shall have
316	308		served the lesser of at least one -third (1/3) of the sentence
317	309		imposed, or ten (10) years; provided, that whene ver the population
318	310		of the prison system exceeds ninety -five percent (95%) of the
319	311		capacity as certified by the State Board of Corrections, the Pardon
320	312		and Parole Board may, at its di scretion, recommend to the Governor
321	313		for parole any person who is incarcerate d for a nonviolent offense
322	314		not involving injury to a person and who is within six (6) months of
323	315		his or her statutory parole eligibility date.
324	316		I. The Pardon and Parole Board shall not recommend to the
325	317		Governor parole for any person who was sentenced to lif e without the
326	318		possibility of parole or death.
327	319		J. Inmates sentenced to consecutive s entences shall not b e
328	320		eligible for parole consideration on any such consecutive sentence
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356	347		until one-third (1/3) of the consecutive sentence has been served or
357	348		where parole has been otherwise limited by law, until the minimum
358	349		term of incarceration has been s erved as required by law. Unless
359	350		otherwise ordered by the sentencing court, any credit for jail time
360	351		served shall be credited to only one offense.
361	352		J. K. The Pardon and Parole Board shall consider the prior
362	353		criminal record of inmates under consideration for parole
363	354		recommendation or granting of parole.
364	355		K. L. In the event the Board grants parole for a nonviolent
365	356		offender who has previously been convicted of an offense enumer ated
366	357		in Section 13.1 of Title 21 of the Oklahoma Statutes or Section 571
367	358		of this title, such offender shall be subject to nine (9) months
368	359		postimprisonment supervision upon release.
369	360		L. M. It shall be the duty of the Pardon and Parole Board to
370	361		cause an examination to be made at the penal institution where the
371	362		person is assigned, and to make inquiry into the conduct and the
372	363		record of the said person during his custody in the Department of
373	364		Corrections, which shall be considered as a basis for consideration
374	365		of said person for recommendation to the Governor for parole.
375	366		However, the Pardon and Parole Bo ard shall not be required to
376	367		consider for parole any person who has completed the time period
377	368		provided for in this subsection if the person has participated in a
378	369		riot or in the taking of hostages, or has been placed on escape
379	370		status, while in the custody o f the Department of Corrections. The
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381		-	HB3903 HFLR Page 8
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407	397		Pardon and Parole Board shall adopt policies and procedures
408	398		governing parole consideration for such persons.
409	399		M. N. Any person in the custody of the Department of
410	400		Corrections who is convicted of an offense not designated as a
411	401		violent offense by Section 571 of this title, is not a citizen of
412	402		the United States and is subject to or becomes subject to a final
413	403		order of deportation is sued by the United States Department of
414	404		Justice shall be considered for parole to the custody of the United
415	405		States Immigration and Naturalization Service for continuation of
416	406		deportation proceedings at any time subsequent to reception and
417	407		processing through the Department of Corrections. No person shall
418	408		be considered for parole under this subsection without the
419	409		concurrence of at least three members of the Pardon and Parole
420	410		Board. The vote on whether or not to consider such person for
421	411		parole and the names o f the concurring Board members shall be set
422	412		forth in the written minutes of the meeting of the B oard at which
423	413		the issue is considered.
424	414		N. O. Upon application of any person convicted and sentenced by
425	415		a court of this state and relinquished to the custody of another
426	416		state or federal authorities pursuant to Section 61.2 of Title 21 of
427	417		the Oklahoma Statutes , the Pardon and Parole Board may determine a
428	418		parole consideration date consistent with the provisions of this
429	419		section and criteria established by the Pardon and Parole Board.
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431		-	HB3903 HFLR Page 9
432		-	BOLD FACE denotes Committee Amendments. 1
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457	446		O. All references in this section to matrices or schedules
458	447		shall be construed w ith reference to the provisions of Sections 6,
459	448		598, 599, 600 and 601, Chapter 133, O.S.L. 1997.
460	449		P. Any person in the custody of the Department of Correction s
461	450		who is convicted of a felony sex offense pursuant to Section 582 of
462	451		this title who is paroled sha ll immediately be placed on intensive
463	452		supervision.
464	453		Q. A person in the custody of the Department of Corrections
465	454		whose parole consideration date is calculated pursuant to subsection
466	455		B or C of this section, and is not serving did not receive a
467	456		sentence of life imprisonment without parole or who is not convicted
468	457		of an offense designated as a violent offense by Section 571 of this
469	458		title or any crime enumerated in Section 13.1 of Title 21 of the
470	459		Oklahoma Statutes shall be eligible for administrative parole under
471	460		subsection R of this section.
472	461		R. The Pardon and Parole Board shall may, by majority vote,
473	462		grant administrative parole to any person in the custody of the
474	463		Department of Corrections if:
475	464		1. The person has substantially complied with the requirements
476	465		of the case plan established pursuant to Section 512 of this title;
477	466		2. A victim, as defined in Section 332.2 of this title, or the
478	467		district attorney speaking on b ehalf of a victim, has not submitted
479	468		an objection;
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481		-	HB3903 HFLR Page 10
482		-	BOLD FACE denotes Committee Amendments. 1
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507	495		3. The person has not received a primary class X inf raction
508	496		within two (2) years of the parole eligibility date;
509	497		4. The person has not received a secondary class X infraction
510	498		within one (1) year of the p arole eligibility date; or
511	499		5. The person has not received a class A infraction within six
512	500		(6) months of the parole eligibility date.
513	501		S. Any person granted parole pursuant to subsection R of this
514	502		section shall be released from the institution at the time of the
515	503		parole eligibility date of the person as calculated under subsection
516	504		B or C of this section.
517	505		T. No less than ninety (90) days prior to the parole
518	506		eligibility date of the person, the Department shall notify the
519	507		Pardon and Parole Board in writing of the compliance or
520	508		noncompliance of the person with the case plan and any infractions
521	509		committed by the person.
522	510		U. The Pardon and Parole Board shall not be required to conduct
523	511		a hearing before granting administrative parole pursuant to
524	512		subsection R of this section; provided, however, that at least
525	513		fourteen (14) days of notice must be provided to a victim and the
526	514		district attorney who prose cuted the case.
527	515		V. Any person who is not granted administrative parole shall be
528	516		otherwise eligible for parole pursuant t o this section.
529	517		W. Any person who is granted administrative parole under
530	518		subsection R of this section s hall be supervised and managed by the
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558	545		Department of Corrections in the same manner as a parolee who has
559	546		been granted parole pursuant to this section. T he person shall be
560	547		subject to all of the rules and regulations of parole.
561	548		SECTION 2. NEW LAW A new section of law to be codified
562	549		in the Oklahoma Statutes as Section 332.22 of Title 57, unless there
563	550		is created a duplication in number ing, reads as follows:
564	551		A. An inmate sentenced to death may only be subject to clemency
565	552		pursuant to Section 3 of this act.
566	553		B. If an inmate commits a misconduct after requesting
567	554		commutation, the commutation request shall be denied.
568	555		C. If an inmate receives or has received a favorable
569	556		recommendation for commutation, the inmate may not receiv e or apply
570	557		for any additional commutation on the same sentence.
571	558		D. If an inmate receives an unfavorable recommendation for
572	559		commutation, the inmate may not request comm utation again for a
573	560		period of three (3) years.
574	561		SECTION 3. NEW LAW A new section of law to be codified
575	562		in the Oklahoma Statutes as Section 332.23 of Title 57, unless there
576	563		is created a duplication in numbering, reads as follows:
577	564		A. Clemency for an inmate sentenced to death may only be
578	565		considered when execution is imminent, meaning an execution date is
579	566		pending.
580	567		B. The Pardon and Parole Board is empowered to consider
581	568		recommendation of clemency for an inmate sentenced to death for the
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583		-	HB3903 HFLR Page 12
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	570	+	Req. No. 10896 Page 12 1
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609	595		sole reason of mercy or lenience. The Board may not hear a claim of
610	596		actual innocence as th at is the role of the Oklahoma Court of
611	597		Criminal Appeals.
612	598		C. The Board may only recommend to the Governor the grant of
613	599		clemency to a sentence of life without the po ssibility of parole.
614	600		D. If an inmate receives or has received a favorable
615	601		recommendation for clemency, the inmate may not receive or apply for
616	602		any additional commutation on the same sentence.
617	603		SECTION 4. It being immediately necessary for the preservation
618	604		of the public peace, health or safety, an emergency is hereby
619	605		declared to exist, by reason whereof this act shall take effect and
620	606		be in full force from and after its passage an d approval.
621	607
622		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
623		-	03/02/2022 - DO PASS, As Amended and Coautho red.
	608	+	58-2-10896 GRS 03/02/22
	609	+
	610	+