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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3903 By: Pfeiffer and Martinez
COMMITTEE SUBSTITUTE
An Act relating to prisons and reformatories;
amending 57 O.S. 2021, Section 332.7 , which relates
to parole eligibility; removing references to
sentencing matrix; clarifying parole eligibility
dates for inmates sentenced before certain date;
deleting eligibility category; making inmates
sentenced after certain date eligible for parole
consideration; making certain parole consideration s
subject to rules and procedures of the Oklahoma
Administrative Code; proh ibiting the Pardon and
Parole Board from recommending certain inm ates for
parole; deleting ref erence to certain sentencing
matrix; requiring notice to district attorneys and
victims when granting administrative parole;
providing for clemency under certain circumstances ;
providing restrictions for inmates requesting
commutation of their sentences; allowing clemency
considerations for inmates sentenced to death;
empowering the Board to consider recommending
clemency for capital sentences; providing
restrictions; providing limitations on granting
clemency recommendations; pro hibiting the commutation
of sentence if the inmate has rec eived clemency or
favorable recommendation for clemency ; providing for
codification; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
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SECTION 1. AMENDATORY 57 O.S. 2021, Section 332.7, is
amended to read as follows:
Section 332.7 A. For a crime committed prior to July 1, 1998,
any person in the custody of the Department of Corrections shall be
eligible for consideration for parole at the earliest of the
following dates:
1. Has completed serv ing one-third (1/3) of the sentence;
2. Has reached at least sixty (60) years of age and also has
served at least fifty percent (50%) of the time of imprisonment that
would have been imposed for that offense pursuant to the applicable
matrix, provided in Sections 598 through 601, Chapter 133, O.S.L.
1997; provided, however, no inmate serving a sentence for crimes
listed in Schedules A, S -1, S-2 or S-3 of Section 6, Chapter 133,
O.S.L. 1997, or serving a sentence of ; provided, however, no inmate
sentenced to life imprisonment without parole shall be eligible to
be considered for parole pursuant to this paragraph; or
3. Has reached eighty -five percent (85%) of the midpoint of the
time of imprisonment that would have been i mposed time of
imprisonment imposed for an offense that is listed in Schedule A, B,
C, D, D-1, S-1, S-2 or S-3 of Section 6, Chapter 133, O.S.L. 1997,
pursuant to the applicable matrix Section 13.1 of Title 21 of the
Oklahoma Statutes; provided, however, n o inmate serving a sentence
of sentenced to life imprisonment without parole shall be eligible
to be considered for parole pursuant to this paragraph ; or
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4. Has reached seve nty-five percent (75%) of the midpoint of
the time of imprisonment that would have been imposed for an offense
that is listed in any other schedule, pursuant to the applicable
matrix; provided, however, no inmate serving a sentence of life
imprisonment without parole shall be eligi ble to be considered for
parole pursuant to this paragra ph.
B. For a crime committed on or a fter July 1, 1998, and before
November 1, 2018, any person in the custody of the Department of
Corrections shall be eligible for consider ation for parole who has
completed serving one-third (1/3) of the sentence or eighty-five
percent (85%) for an offense listed in Section 13.1 of Title 21 of
the Oklahoma Statutes; provided, however, no inmate serving a
sentence of sentenced to life imprisonment without parole shall be
eligible to be considered for parole pursuant to thi s subsection.
C. For a crime commi tted on or after November 1, 2018, any
person in the custody of the Department of Corrections shall be
eligible for parole after serving one -fourth (1/4) of the sent ence
or consecutive sentences imposed, according to the following
criteria:
1. A person eligible for parole under this subsection shall be
eligible for administrative parole under subsection R of this
section once the person serves one -fourth (1/4) of the sentence or
consecutive sentences imposed; provided, ho wever, no inmate serving
a sentence of sentenced to life imprisonment without parole, a
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sentence for a violent crime as set forth in Section 571 of this
title or any crime enumerated in Section 13.1 o f Title 21 of the
Oklahoma Statutes shall be eligible fo r administrative parole.
2. A person eligible for parole under this subsection shall be
eligible for parole once the person serves one -fourth (1/4) of the
sentence or consecutive sentences imposed; p rovided, however no
inmate serving a sentence of life im prisonment without parole is
eligible for parole.
D. The parole hearings conducted for persons pursuant to
paragraph 3 of subsection A of this section or for any person who
was convicted of a violent crime as set forth in Section 571 of this
title and who is eligible for parole consideration pursuant to
paragraph 1 of subsection A of this section , subsection B or
paragraph 2 of subsection C of this section shall be conducted in
two stages, as follows:
1. At the initial hearing, the Pardon and Parole Board shall
review the completed report su bmitted by the staff of the Board and
shall conduct a vote regarding whether, based upon that report, the
Board decides to consider the person for parole at a subs equent
meeting of the Board; and
2. At the subsequent m eeting, the Board shall hear from any
victim or representatives of the victim that want to contest the
granting of parole to that person and shall conduct a vote regarding
whether parole should be rec ommended for that person.
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E. Any inmate who has parole consideration dates calculated
pursuant to subsection A, B or C of this section may be considered
up to two (2) months prior to the parole eligibility date. Except
as otherwise directed by the Pardon and Parole Board Subject to the
rules and procedures within the Oklahoma Administrative Code, any
person who has been considered for parole and was denied parole or
who has waived consideration shall not be reconsidered for parole:
1. Within three (3) ye ars of the denial or waiver, if the
person was convicted of a violent crime, as set forth in Section 571
of this title, and was eligible for consideration pursuant to
paragraph 1 of subsection A of this section , subsection B of this
section or paragraph 2 of subsection C of this section, unless the
person is within one (1) year of discharge; or
2. Until the person has served at least one -third (1/3) of the
sentence imposed, if the person was eligible for consideration
pursuant to paragraph 3 of subsection A of this section. Thereafter
the person shall not be c onsidered more frequently than once e very
three (3) years, unless the person is within one (1) year of
discharge.
F. Any person in the custody of the Department of Corrections
for a crime committed p rior to July 1, 1998, who has been considered
for parole on a docket created for a type of pa role consideration
that has been abolished by the Legislature shall not be considered
for parole except in accordance with this section.
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G. The Pardon and Parole Board shall promulgate rules for the
implementation of subsections A, B and C of this section . The rules
shall include, but not be limited to, procedures for reconsideration
of persons denied parole under this section and procedure for
determining what sentence a person eligible for parole consideration
pursuant to subsection A of this section wo uld have received under
the applicable matrix.
H. The Pardon and Parole Board shall no t recommend to the
Governor any person who has been convicted of three or mo re felonies
arising out of separate and distinct transac tions, with three or
more incarcerations for such felonies, unless such person shall have
served the lesser of at least one -third (1/3) of the sentence
imposed, or ten (10) years; provided, that whene ver the population
of the prison system exceeds ninety -five percent (95%) of the
capacity as certified by the State Board of Corrections, the Pardon
and Parole Board may, at its di scretion, recommend to the Governor
for parole any person who is incarcerate d for a nonviolent offense
not involving injury to a per son and who is within six (6) months of
his or her statutory parole eligibility date.
I. The Pardon and Parole Board shall not recommend to the
Governor parole for any person who was sentenced to lif e without the
possibility of parole or death.
J. Inmates sentenced to consecutive s entences shall not b e
eligible for parole consideration on any such consecutive sentence
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until one-third (1/3) of the consecutive sentence has been served or
where parole has been otherwise limited by law, until the minimum
term of incarceration has been s erved as required by law. Unless
otherwise ordered by the sentencing court, any credit for jail time
served shall be credited to only one offense.
J. K. The Pardon and Parole Board shall consider the prior
criminal record of i nmates under consideration for parole
recommendation or granting of parole.
K. L. In the event the Board grants parole for a nonviolent
offender who has previously been convicted of an offense enumer ated
in Section 13.1 of Title 21 of the Oklahoma Statute s or Section 571
of this title, such offender shall be subject to nine (9) months
postimprisonment supervision upon release.
L. M. It shall be the duty of the Pardon and Parole Board to
cause an examination to be made at the penal institution where the
person is assigned, and to make inquiry into the conduct and the
record of the said person during his custody in the Department of
Corrections, which shall be considered as a basis for consideration
of said person for recommendation to the Governor for parol e.
However, the Pardon and Parole Bo ard shall not be required to
consider for parole any person who has completed the time period
provided for in this subsection if the person has participated in a
riot or in the taking of hostages, or has been placed on escape
status, while in the custody o f the Department of Corrections. The
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Pardon and Parole Board shall adopt policies and procedures
governing parole consideration for such persons.
M. N. Any person in the custody of the Department of
Corrections who is convicted of an offense not designated as a
violent offense by Section 571 of this title, is not a citizen of
the United States and is subject to or becomes subject to a final
order of deportation is sued by the United States Department of
Justice shall be considered for parole to the custody of the United
States Immigration and Naturalization Service for continuation of
deportation proceedings at any time subsequent to reception and
processing through the Department of Corrections. No person shall
be considered for parole under this subsection without the
concurrence of at least three members of the Pardon and Parole
Board. The vote on whether or not to consider such person for
parole and the names o f the concurring Board members shall be set
forth in the written minutes of the meeting of the B oard at which
the issue is considered.
N. O. Upon application of any person convicted and sentenced by
a court of this state and relinquished to the custody of another
state or federal authorities pursuant to Sectio n 61.2 of Title 21 of
the Oklahoma Statutes , the Pardon and Parole Board may determine a
parole consideration date consistent with the provisions of this
section and criteria established by the Pardon and Parole Board.
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O. All references in this section to matrices or schedules
shall be construed w ith reference to the provisions of Sections 6,
598, 599, 600 and 601, Chapter 133, O.S.L. 1997.
P. Any person in the custody of the Department of Correction s
who is convicted of a felony sex offense pursuant to S ection 582 of
this title who is paroled sha ll immediately be placed on intensive
supervision.
Q. A person in the custody of the Department of Corrections
whose parole consideration date is calculated pursuant to subsection
B or C of this section, and is not serving did not receive a
sentence of life imprisonment without parole or who is not convicted
of an offense designated as a violent offense by Section 571 of this
title or any crime enumerated in Section 13.1 of Title 21 of the
Oklahoma Statutes shall be eligible for administrative parole under
subsection R of this section.
R. The Pardon and Parole Board shall may, by majority vote,
grant administrative parole to any person in the custody of the
Department of Corrections if:
1. The person has substant ially complied with the requirements
of the case plan established pursuant to Section 512 of this title;
2. A victim, as defined in Section 332.2 of this title, or the
district attorney speaking on b ehalf of a victim, has not submitted
an objection;
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3. The person has not received a primary class X inf raction
within two (2) years of the parole eligibility date;
4. The person has not received a secondary class X infraction
within one (1) year of the p arole eligibility date; or
5. The person has not receiv ed a class A infraction within six
(6) months of the parole eligibility date.
S. Any person granted parole pursuant to subsection R of this
section shall be released from the institution at the time of the
parole eligibility date of the person as calculat ed under subsection
B or C of this section.
T. No less than ninety (90) days prior to the parole
eligibility date of the person, the Department shall notify the
Pardon and Parole Board in writing of the compliance or
noncompliance of the person with the c ase plan and any infractions
committed by the person.
U. The Pardon and Parole Board shall not be required to conduct
a hearing before granting administrative parole pursuant to
subsection R of this section; provided, however, that at least
fourteen (14) days of notice must be provided to a victim and the
district attorney who prose cuted the case.
V. Any person who is not granted administrative parole shall be
otherwise eligible for parole pursuant t o this section.
W. Any person who is granted administra tive parole under
subsection R of this section s hall be supervised and managed by the
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Department of Corrections in the same manner as a parolee who has
been granted parole pursuant to this section. T he person shall be
subject to all of the rules and regul ations of parole.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 332.22 of Title 57, unless there
is created a duplication in number ing, reads as follows:
A. An inmate sentenced to death may only be subject to clemency
pursuant to Section 3 of this act.
B. If an inmate commits a misconduct after requesting
commutation, the commutation request shall be denied.
C. If an inmate receives or has received a favorable
recommendation for commutation, the inmate may not receiv e or apply
for any additional commutation on the same sentence.
D. If an inmate receives an unfavorable recommendation for
commutation, the inmate may not request comm utation again for a
period of three (3) years.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 332.23 of Title 57, unless there
is created a duplication in numbering, reads as follows:
A. Clemency for an inmate sentenced to death may only be
considered when execution is imminent, meaning an execution date is
pending.
B. The Pardon and Parole Board is empowered to consider
recommendation of clemency for an inmate sentenced to death for the
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sole reason of mercy or lenience. The Board may not hear a claim of
actual innocence as th at is the role of the Oklahoma Court of
Criminal Appeals.
C. The Board may only recommend to the Governor the grant of
clemency to a sentence of life without the po ssibility of parole.
D. If an inmate receives or has received a favorable
recommendation for clemency, the inmate may not receive or apply for
any additional commutation on the same sentence.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
03/02/2022 - DO PASS, As Amended and Coautho red.