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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 4369 By: Hill of the House
and
Rader of the Senate
[ prisons and reformatories - modifying requirements
for granting administrative parole - authorizing
the Department to provide certain notification -
effective date ]
AMENDMENT NO. 1. Page 1, restore the title
Passed the Senate the 25th day of April, 2022.
Presiding Officer of the Senate
Passed the House of Representatives th e ____ day of __________,
2022.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 4369 By: Hill of the House
and
Rader of the Senate
[ prisons and reformatories - modifying requirements
for granting administrative parole - authorizing
the Department to provide certain notification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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
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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 life imprisonment without
parole shall be eligible to be considered for parole pursuant to
this paragraph;
3. Has reached eighty-five percent (85%) of the midpoint of the
time of imprisonment that would have bee n 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; provided, however, no in mate serving a sentence of life
imprisonment without parole shall be eli gible to be considered for
parole pursuant to this paragraph; or
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 applic able
matrix; provided, however, no inmate serving a sentence of life
imprisonment without parole shall be eligible to be considered for
parole pursuant to this paragraph.
B. For a crime committed on or after 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; provided,
however, no inmate serving a sentence of life imprisonment without
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parole shall be eligible to be considered for parole pursuant to
this 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 sentence
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 subsectio n R of this
section once the person serves one-fourth (1/4) of the sente nce or
consecutive sentences imposed; provided, however, no inmate serving
a sentence of life imprisonment without parole, a sentence for a
violent crime as set forth in Section 571 of this title or any crime
enumerated in Section 13.1 of Title 21 of the O klahoma Statutes
shall be eligible for administrative parole.
2. A person eligible f or parole under this subsection shall be
eligible for parole once the person serves one-fourth (1/4) of the
sentence or consecutive sentences imposed; provided, however no
inmate serving a sentence of life imprisonment without parole is
eligible for parole.
D. The parole hearings conducted for persons pursuan t to
paragraph 3 of subsection A of this sec tion 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 t o
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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 submitted by the staff of the Board and
shall conduct a vote regardi ng whether, based upon that report, the
Board decides to consider the person for parole at a subsequent
meeting of the Board; and
2. At the subsequent meeting, 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 recommended for that p erson.
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 eligibil ity date. Except
as otherwise directed by the Pardon and Parole Board, 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) years of the denial or wa iver, if the
person was convicted of a violent crime, as set forth in Se ction 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
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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. The reafter
the person shall not be considered more frequently than once eve ry
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 prior to July 1, 1998, w ho has been considered
for parole on a docket created for a type of paro le consideration
that has been abolished by the Legislature shall not be considered
for parole except in accordance with this section.
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 fo r
determining what sentence a person eligibl e for parole consideration
pursuant to subsection A of this section woul d have received under
the applicable matrix.
H. The Pardon and Parole Board shall no t recommend to the
Governor any person who has been con victed of three or more felonies
arising out of separate and distinct transactions, 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 whenever the population
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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 incarcerated for a nonviolent offe nse
not involving injury to a person and who is within six (6) months of
his or her statutory parole eligibility date.
I. Inmates sentenced to consecutive s entences shall not be
eligible for parole consideration on any such consecutive sentence
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 ti me
served shall be credited to only one offense.
J. The Pardon and Paro le Board shall consider the prior
criminal record of inmates under consideration for parole
recommendation or granting of parole.
K. In the event the Board grants parole for a nonviol ent
offender who has previously been convicted of an offense enumerated
in Section 13.1 of Title 21 of the Oklahoma Statutes or Section 571
of this title, such offender shall be subject to nine (9) months
postimprisonment supervision upon release.
L. 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
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the said person during his custody in the Department of Correct ions,
which shall be considered as a basis for consideration of said
person for recommendation to the Governor for parole. However, the
Pardon and Parole Bo ard shall not be required to consider for parole
any person who has completed the time period provi ded for in this
subsection if the person has participated in a riot or i n the taking
of hostages, or has been placed on escape status, while in the
custody of the Department of Corrections. The Pardon and Parole
Board shall adopt policies and procedures g overning parole
consideration for such persons.
M. Any person in the cu stody of the Department of Corrections
who is convicted of an offense not designated as a violent offense
by Section 571 of this title, is n ot a citizen of the United States
and is subject to or becomes subject to a final order of deportation
issued by the United States Department of Justice shall be
considered for parole to the custody of the United States
Immigration and Naturalization Servi ce for continuation of
deportation proceedin gs at any time subsequent to reception and
processing through the Depart ment of Corrections. No person shall
be considered for parole under this subsection without the
concurrence of at least three members of th e Pardon and Parole
Board. The vote on whet her or not to consider such person for
parole and the names of the concu rring Board members shall be set
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forth in the written minutes of the meeting of the B oard at which
the issue is considered.
N. Upon application of any person convicted and sentenced b y a
court of this state and relinquished to the custody of another state
or federal authorities pursuant to Section 61.2 of Title 21 of the
Oklahoma Statutes, the Pardon and Parole Board may determine a
parole consideration date consistent with the provisi ons of this
section and criteria established by the Pardon and Parole Bo ard.
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 Corrections
who is convicted of a felony sex offense pursuant to Section 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 s ubsection
B or C of this section, and is not serving 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 th e Oklahoma
Statutes shall be eligible for administrative parole under
subsection R of this section.
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R. The Pardon and Parole Board shall, b y majority vote, grant
administrative parole to any person in the custody of the Department
of Corrections if:
1. The person has substantially complied with the requirements
of the case plan establis hed pursuant to Section 512 of this title ;
2. A, and:
a. a victim, as defined in Section 332.2 of this title,
or the district attorney speaking on behalf of a
victim, has not submitted an objection ;
3. The,
b. the person has not received a primary class X
infraction within two (2) years of the parole
eligibility date;
4. The,
c. the person has not received a secondary class X
infraction within one (1) year of the par ole
eligibility date; or
5. The, and
d. the person has not received a class A infraction
within six (6) months of the parole eligibility date;
or
2. The person is within six (6) calendar months of his or her
discharge date and a victim, as defined in Section 332.2 of this
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title, or the district attorney speaking on behalf of the vic tim,
has not submitted an objection.
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 calcu lated under subsection
B or C of this sectio n.
T. Any person eligible for parole pursuant to subsection R of
this section shall not waive his or her consideration.
U. No less than ninety (90) days prior to the parole
eligibility date of the person, the D epartment shall notify the
Pardon and Parole Board in writing of the co mpliance or
noncompliance of the person with the case plan and any infractions
committed by the person.
U. V. The Pardon and Parole Board shall not be required to
conduct a hearing be fore granting administrative parole pursuant to
subsection R of this se ction.
V. W. Any person who is not granted administra tive parole shall
be otherwise eligible for parole pursuant to this section.
W. X. Any person who is granted administrative parole under
subsection R of this section shall be supervised and managed by the
Department of Corrections in the same manner as a parolee who has
been granted parole pursuant to this section. Th e person shall be
subject to all of the rules and regulations of p arole.
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SECTION 2. 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 f ollows:
A. Every offender released to parole supervi sion may be
eligible to earn 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 supervis ion, the Department of Corr ections
may award the offender earned credits equal to thirty (30) calendar
days to be applied toward a red uction of the parole supervision
period. For the purp oses of this section, "compliance" may be
defined as the absence of a violation repor t 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 64 4 of Title 21 of the Oklahoma Statutes shall be
eligible for earned credits pursuant to this section.
B. The Department of Corrections may develop written policies
and procedures necessar y for the implementation of earned credits as
authorized pursuant to this section. The policies and proce dures
developed by the Depa rtment of Corrections may include, but are not
limited to, written guidelines regarding the process to earn credits
and the application of the credits towa rd the reduction of the term
of supervision, the collection of data related to who earns credit,
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how much is applied and how much of the supervision period is
reduced.
C. The Department may 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 parole supervision, the Department
may notify the offender o f the current parole supervision
termination date.
D. The Department may notify the Pardon 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 may prohibit the Department from requesting an earlier
parole supervision termination date.
SECTION 3. This act shall become effective November 1, 2022.
Passed the House of Representatives the 23rd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate