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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4369 By: Hill
AS INTRODUCED
An Act relating to prisons and reformatories;
allowing felony probationers and parolees the ability
to earn discharge credits under certain
circumstances; directing supervising bodies to award
earned discharge credits; defining term; prohibiting
persons convicted of certain offenses from
eligibility; directing supervising bodies to de velop
certain written policies and procedures; requiring
maintenance of records and notification; directing
the discharge of offe nder probationers once discharge
credits satisfy sentences; directing the Department
of Corrections to provide certain notification;
confirming early parole termination requests;
directing the Department to order final termination
of parole supervision under certain circumstanc es;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 512.1 of Title 57, unless there
is created a duplication in numbering, reads as follows:
A. Every offender on felony pr obation supervision under Section
515a of Title 57 of the Oklahoma Statutes, supervised by the
Department of Corrections or by a private supervision provider,
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shall be eligible to earn discharge credits for compliance with the
terms and conditions of proba tion supervision to reduce the term of
supervision and the overall term of imprisonment. For every
calendar month of compliance with the terms and conditions of
probation supervision, the supervising body, defined for the
purposes of this section as the D epartment of Corrections or private
supervision provider responsible for the supervision of felony
probationers, shall award the offender earned discharge credits
equal to thirty (30) calendar days to be applied toward a reduction
of the probation supervis ion term ordered pursuant to Section 991a
of Title 22 of the Oklahoma Statutes. For the purposes of this
section, "compliance" shall be defined as the absence of a violation
report submitted by the supervising body during a calendar month.
B. No person convicted of a n offense under Section 13.1 of
Title 21 of the Oklahoma Statutes or subsection C, D, E, F, G or J
of Section 644 of Title 21 of the Oklahoma Statutes shall be
eligible for earned discharge credits pursuant to this section.
C. Every supervising body shall develop written policies and
procedures necessary for the implement ation of earned discharge
credits for offenders on felony probation supervision as authorized
pursuant to this section. The policies and procedures developed by
the supervising bodies shall include, but not be limited to, written
guidelines regarding the process to earn discharge credits and the
application of the credits toward the reduction of the term of
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supervision or term of imprisonment, the collection of data related
to who earns credit, how much i s applied and how much of the
supervision period or sentence term is reduced at the point of
discharge.
D. Every supervising body shall maintain a record of credits
earned by an offender under this section. At least every six (6)
months from the date the offender is placed on probation, the
supervising body shall notify the offender of the current discharge
date for the term of supervision and the overall term of
imprisonment of the offender.
E. Every supervising body shall notify the court no t less than
thirty (30) days prior to the expected discharge date. However,
nothing in this section shall prohibit the supervising body from
requesting termination of the term of imprisonment earlier than the
termination date of the term of imprisonment a uthorized in
subsection F of this section.
F. Once a combination of either time served in custody, if
applicable, time served on any form of probation, parole or post -
release supervision and earned discharge credits satisfy the total
sentence, the supervi sing body shall order the discharge of the term
of imprisonment of the offender.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 512.2 of Title 57, unless there
is created a duplication in numbering, reads as f ollows:
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A. Every offender released to parole supervision pursuant to
Section 512 of Title 57 of the Oklahoma Statutes shall be eligible
to earn discharge credits for compliance with the terms and
conditions of parole supervision that reduce the term of
supervision. For every calendar month of compliance with the terms
and conditions of parole supervision, the Department of Corrections
shall award the offender earned discharge credits equal to thirty
(30) calendar days to be applied toward a red uction of the parole
supervision period. For the purposes of this section, "compliance"
shall be defined as the absence of a violation report submitted by a
probation and parole officer during a calendar month. No person
convicted of an offense under Sec tion 13.1 or subsection C, D, E, F,
G or J of Section 644 of Title 21 of the Oklahoma Statutes shall be
eligible for earned discharge credits pursuant to this section.
B. The Department of Corrections shall develop written policies
and procedures necessar y for the implementation of earned discharge
credits as authorized pursuant to this section. The policies and
procedures developed by the Department of Corrections shall include,
but not be limited to, written guidelines regarding the process to
earn discharge credits and the application of the credits toward the
reduction of the term of supervision or term of imprisonment, the
collection of data related to who earns credit, how much is applied
and how much of the supervision period or term of imprisonment is
reduced at the point of discharge.
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C. The Department shall maintain a reco rd of credits earned by
an offender under this section. At least every six (6) months from
the date the offender is placed on parole supervision, the
Department shall notify the offender o f the current parole
supervision termination date.
D. The Department shall notify the Pard on and Parole Board of
the impending parole supervision termination date not less than
thirty (30) days prior to the expected date. However, nothing in
this section shall prohibit the Department from requesting parole
supervision termination earlier than the termination date aut horized
in subsection E of this section.
E. Once a combination of either time served in custody, if
applicable, time served on any form of proba tion, parole or post-
release supervision and earned discharge credits satisfy the total
sentence, the Departmen t shall order the final termination of the
parole supervision of the offender.
SECTION 3. This act shall become effective November 1, 2022.
58-2-9851 GRS 12/27/21