Oklahoma 2022 Regular Session

Oklahoma House Bill HB4369 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 4369 By: Hill and Waldron of the
4		-	House
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 4369 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 4369 By: Hill of the House
	32	+
	33	+	and
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	35	+	Rader of the Senate
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	37	+
	38	+
	39	+
	40	+	[ prisons and reformatories - modifying requirements
	41	+	for granting administrative parole - authorizing
	42	+	the Department to provide certain notification -
	43	+	effective date ]
	44	+
	45	+
	46	+
	47	+
	48	+	AMENDMENT NO. 1. Page 1, restore the title
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	50	+
	51	+
	52	+	Passed the Senate the 25th day of April, 2022.
	53	+
	54	+
	55	+
	56	+	Presiding Officer of the Senate
	57	+
	58	+
	59	+	Passed the House of Representatives th e ____ day of __________,
	60	+	2022.
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	62	+
	63	+
	64	+	Presiding Officer of the House
	65	+	of Representatives
	66	+
	67	+	ENGR. H. B. NO. 4369 Page 1 1
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	92	+	ENGROSSED HOUSE
	93	+	BILL NO. 4369 By: Hill of the House
5	94
6	95		and
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8	97		Rader of the Senate
9	98
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15		-	An Act relating to prisons and reformatories;
16		-	amending 57 O.S. 2021, Section 332.7, wh ich relates
17		-	to persons eligible for parole consideration;
18		-	modifying requirements for granting administrative
19		-	parole; prohibiting eligible persons from waiving
20		-	parole consideration; allowing parolees the ability
21		-	to earn discharge credits under certain
22		-	circumstances; defining term; prohibiting persons
23		-	convicted of certain offenses from eligibility ;
24		-	authorizing the Department of Corrections to develop
25		-	written policies and procedures; allowing for the
26		-	maintenance of records ; authorizing the Department to
27		-	provide certain notification; confirming early parole
28		-	termination requests; authorizing the Department to
29		-	order final termination of parole super vision under
30		-	certain circumstances; providing for codification;
31		-	and providing an effective date .
	104	+	[ prisons and reformatories - modifying requirements
	105	+	for granting administrative parole - authorizing
	106	+	the Department to provide certain notification -
	107	+	effective date ]
32	108
33	109
34	110
35	111
36		-	~~SUBJECT: Prisons and reformatories~~
	112	+
37	113
38	114		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
39		-
40	115		SECTION 1. AMENDATORY 57 O.S. 2021, Section 332.7, is
41	116		amended to read as follows:
42		-
43	117		Section 332.7 A. For a crime committed prior to July 1, 1998,
44	118		any person in the custody of the Department of Corrections shall be
45	119		eligible for consideration for parole at the earliest of the
46		-	following dates: ENR. H. B. NO. 4369 Page 2
47		-
	120	+	following dates:
48	121		1. Has completed serv ing one-third (1/3) of the sentence;
49		-
50	122		2. Has reached at least sixty (60) years of age and also has
51	123		served at least fifty percent (50%) of the time of imprisonment that
52	124		would have been imposed for that offense pursuant to the applicable
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53	151		matrix, provided in Sections 598 through 601, Chapter 133, O.S.L.
54	152		1997; provided, however, no inmate serving a sentence for crimes
55	153		listed in Schedules A, S-1, S-2 or S-3 of Section 6, Chapter 133,
56	154		O.S.L. 1997, or serving a sentence of life imprisonment without
57	155		parole shall be eligible to be considered for parole pursuant to
58	156		this paragraph;
59		-
60	157		3. Has reached eighty-five percent (85%) of the midpoint of the
61	158		time of imprisonment that would have bee n imposed for an offense
62	159		that is listed in Schedule A, B, C, D, D -1, S-1, S-2 or S-3 of
63	160		Section 6, Chapter 133, O.S.L. 1997, pursuant to the applicable
64	161		matrix; provided, however, no in mate serving a sentence of life
65	162		imprisonment without parole shall be eli gible to be considered for
66	163		parole pursuant to this paragraph; or
67		-
68	164		4. Has reached seve nty-five percent (75%) of the midpoint of
69	165		the time of imprisonment that would have been imposed for an offense
70	166		that is listed in any other schedule, pursuant to the applic able
71	167		matrix; provided, however, no inmate serving a sentence of life
72	168		imprisonment without parole shall be eligible to be considered for
73	169		parole pursuant to this paragraph.
74		-
75	170		B. For a crime committed on or after July 1, 1998, and before
76	171		November 1, 2018, any person in the custody of the Department of
77	172		Corrections shall be eligible for consider ation for parole who has
78	173		completed serving one -third (1/3) of the sentence; provided,
79	174		however, no inmate serving a sentence of life imprisonment without
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80	201		parole shall be eligible to be considered for parole pursuant to
81	202		this subsection.
82		-
83	203		C. For a crime commi tted on or after November 1, 2018, any
84	204		person in the custody of the Department of Corrections shall be
85	205		eligible for parole after serving one-fourth (1/4) of the sentence
86	206		or consecutive sentences imposed, according to the following
87	207		criteria:
88		-
89	208		1. A person eligible for parole under this subsection shall be
90	209		eligible for administrative parole under subsectio n R of this
91		-	section once the person serves one-fourth (1/4) of the ~~sentence~~ or ~~ENR. H. B. NO. 4369 Page 3~~
	210	+	section once the person serves one-fourth (1/4) of the sente nce or
92	211		consecutive sentences imposed; provided, however, no inmate serving
93	212		a sentence of life imprisonment without parole, a sentence for a
94	213		violent crime as set forth in Section 571 of this title or any crime
95	214		enumerated in Section 13.1 of Title 21 of the O klahoma Statutes
96	215		shall be eligible for administrative parole.
97		-
98	216		2. A person eligible f or parole under this subsection shall be
99	217		eligible for parole once the person serves one-fourth (1/4) of the
100	218		sentence or consecutive sentences imposed; provided, however no
101	219		inmate serving a sentence of life imprisonment without parole is
102	220		eligible for parole.
103		-
104	221		D. The parole hearings conducted for persons pursuan t to
105	222		paragraph 3 of subsection A of this sec tion or for any person who
106	223		was convicted of a violent crime as set forth in Section 571 of this
107	224		title and who is eligible for parole consideration pursuant t o
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108	251		paragraph 1 of subsection A of this section , subsection B or
109	252		paragraph 2 of subsection C of this section shall be conducted in
110	253		two stages, as follows:
111		-
112	254		1. At the initial hearing, the Pardon and Parole Board shall
113	255		review the completed report submitted by the staff of the Board and
114	256		shall conduct a vote regardi ng whether, based upon that report, the
115	257		Board decides to consider the person for parole at a subsequent
116	258		meeting of the Board; and
117		-
118	259		2. At the subsequent meeting, the Board shall hear from any
119	260		victim or representatives of the victim that want to contest the
120	261		granting of parole to that person and shall conduct a vote regarding
121	262		whether parole should be recommended for that p erson.
122		-
123	263		E. Any inmate who has parole consideration dates calculated
124	264		pursuant to subsection A, B or C of this section may be considered
125	265		up to two (2) months prior to the parole eligibil ity date. Except
126	266		as otherwise directed by the Pardon and Parole Board, any person who
127	267		has been considered for parole and was denied parole or who has
128	268		waived consideration shall not be reconsidered for parole:
129		-
130	269		1. Within three (3) years of the denial or wa iver, if the
131	270		person was convicted of a violent crime, as set forth in Se ction 571
132	271		of this title, and was eligible for consideration pursuant to
133	272		paragraph 1 of subsection A of this section , subsection B of this
134	273		section or paragraph 2 of subsection C of this section, unless the
135	274		person is within one (1) year of discharge; or
136		-	ENR. H. B. NO. 4369 Page 4
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137	301		2. Until the person has served at least one -third (1/3) of the
138	302		sentence imposed, if the person was eligible for consideration
139	303		pursuant to paragraph 3 of subsection A of this section. The reafter
140	304		the person shall not be considered more frequently than once eve ry
141	305		three (3) years, unless the person is within one (1) year of
142	306		discharge.
143		-
144	307		F. Any person in the custody of the Department of Corrections
145	308		for a crime committed prior to July 1, 1998, w ho has been considered
146	309		for parole on a docket created for a type of paro le consideration
147	310		that has been abolished by the Legislature shall not be considered
148	311		for parole except in accordance with this section.
149		-
150	312		G. The Pardon and Parole Board shall promulgate rules for the
151	313		implementation of subsections A, B and C of this section. The rules
152	314		shall include, but not be limited to, procedures for reconsideration
153	315		of persons denied parole under this section and procedure fo r
154	316		determining what sentence a person eligibl e for parole consideration
155	317		pursuant to subsection A of this section woul d have received under
156	318		the applicable matrix.
157		-
158	319		H. The Pardon and Parole Board shall no t recommend to the
159	320		Governor any person who has been con victed of three or more felonies
160	321		arising out of separate and distinct transactions, with three or
161	322		more incarcerations for such felonies, unless such person shall have
162	323		served the lesser of at least one -third (1/3) of the sentence
163	324		imposed, or ten (10) years; provided, that whenever the population
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164	351		of the prison system exceeds ninety-five percent (95%) of the
165	352		capacity as certified by the State Board of Corrections, the Pardon
166	353		and Parole Board may, at its di scretion, recommend to the Governor
167	354		for parole any person who is incarcerated for a nonviolent offe nse
168	355		not involving injury to a person and who is within six (6) months of
169	356		his or her statutory parole eligibility date.
170		-
171	357		I. Inmates sentenced to consecutive s entences shall not be
172	358		eligible for parole consideration on any such consecutive sentence
173	359		until one-third (1/3) of the consecutive sentence has been served or
174	360		where parole has been otherwise limited by law, until the minimum
175	361		term of incarceration has been s erved as required by law. Unless
176	362		otherwise ordered by the sentencing court, any credit for jail ti me
177	363		served shall be credited to only one offense.
178		-
179	364		J. The Pardon and Paro le Board shall consider the prior
180	365		criminal record of inmates under consideration for parole
181		-	recommendation or granting of parole. ENR. H. B. NO. 4369 Page 5
182		-
	366	+	recommendation or granting of parole.
183	367		K. In the event the Board grants parole for a nonviol ent
184	368		offender who has previously been convicted of an offense enumerated
185	369		in Section 13.1 of Title 21 of the Oklahoma Statutes or Section 571
186	370		of this title, such offender shall be subject to nine (9) months
187	371		postimprisonment supervision upon release.
188		-
189	372		L. It shall be the duty of the Pardon and Parole Board to cause
190	373		an examination to be made at the penal institution where the person
191	374		is assigned, and to make inquiry into the conduct and the record of
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192	401		the said person during his custody in the Department of Correct ions,
193	402		which shall be considered as a basis for consideration of said
194	403		person for recommendation to the Governor for parole. However, the
195	404		Pardon and Parole Bo ard shall not be required to consider for parole
196	405		any person who has completed the time period provi ded for in this
197	406		subsection if the person has participated in a riot or i n the taking
198	407		of hostages, or has been placed on escape status, while in the
199	408		custody of the Department of Corrections. The Pardon and Parole
200	409		Board shall adopt policies and procedures g overning parole
201	410		consideration for such persons.
202		-
203	411		M. Any person in the cu stody of the Department of Corrections
204	412		who is convicted of an offense not designated as a violent offense
205	413		by Section 571 of this title, is n ot a citizen of the United States
206	414		and is subject to or becomes subject to a final order of deportation
207	415		issued by the United States Department of Justice shall be
208	416		considered for parole to the custody of the United States
209	417		Immigration and Naturalization Servi ce for continuation of
210	418		deportation proceedin gs at any time subsequent to reception and
211	419		processing through the Depart ment of Corrections. No person shall
212	420		be considered for parole under this subsection without the
213	421		concurrence of at least three members of th e Pardon and Parole
214	422		Board. The vote on whet her or not to consider such person for
215	423		parole and the names of the concu rring Board members shall be set
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216	450		forth in the written minutes of the meeting of the B oard at which
217	451		the issue is considered.
218		-
219	452		N. Upon application of any person convicted and sentenced b y a
220	453		court of this state and relinquished to the custody of another state
221	454		or federal authorities pursuant to Section 61.2 of Title 21 of the
222	455		Oklahoma Statutes, the Pardon and Parole Board may determine a
223	456		parole consideration date consistent with the provisi ons of this
224	457		section and criteria established by the Pardon and Parole Bo ard.
225		-	ENR. H. B. NO. 4369 Page 6
226	458		O. All references in this section to matrices or schedules
227	459		shall be construed w ith reference to the provisions of Sections 6,
228	460		598, 599, 600 and 601, Chapter 133, O.S.L. 1997.
229		-
230	461		P. Any person in the custody of the Department of Corrections
231	462		who is convicted of a felony sex offense pursuant to Section 582 of
232	463		this title who is paroled sha ll immediately be placed on intensive
233	464		supervision.
234		-
235	465		Q. A person in the custody of the Department of Corrections
236	466		whose parole consideration date is calculated pursuant to s ubsection
237	467		B or C of this section, and is not serving a sentence of life
238	468		imprisonment without parole or who is not convicted of an offense
239	469		designated as a violent offense by Section 571 of this title or any
240	470		crime enumerated in Section 13.1 of Title 21 of th e Oklahoma
241	471		Statutes shall be eligible for administrative parole under
242	472		subsection R of this section.
243	473
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244	499		R. The Pardon and Parole Board shall, b y majority vote, grant
245	500		administrative parole to any person in the custody of the Department
246	501		of Corrections if:
247		-
248	502		1. The person has substantially complied with the requirements
249	503		of the case plan establis hed pursuant to Section 512 of this title ;
250		-
251		-	2. A and:
252		-
	504	+	2. A, and:
253	505		a. a victim, as defined in Section 332.2 of this title,
254	506		or the district attorney speaking on behalf of a
255	507		victim, has not submitted an objection ;
256		-
257	508		3. The,
258		-
259	509		b. the person has not received a primary class X
260	510		infraction within two (2) years of the parole
261	511		eligibility date;
262		-
263	512		4. The,
264		-
265	513		c. the person has not received a secondary class X
266	514		infraction within one (1) year of the par ole
267	515		eligibility date; or
268		-
269	516		5. The, and
270		-	ENR. H. B. NO. 4369 Page 7
271	517		d. the person has not received a class A infraction
272	518		within six (6) months of the parole eligibility date;
273	519		or
274		-
275	520		2. The person is within six (6) calendar months of his or her
276	521		discharge date and a victim, as defined in Section 332.2 of this
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277	548		title, or the district attorney speaking on behalf of the vic tim,
278	549		has not submitted an objection.
279		-
280	550		S. Any person granted parole pursuant to subsection R of this
281	551		section shall be released from the institution at the time of the
282	552		parole eligibility date of the person as calcu lated under subsection
283	553		B or C of this sectio n.
284		-
285	554		T. Any person eligible for parole pursuant to subsection R of
286	555		this section shall not waive his or her consideration.
287		-
288	556		U. No less than ninety (90) days prior to the parole
289	557		eligibility date of the person, the D epartment shall notify the
290	558		Pardon and Parole Board in writing of the co mpliance or
291	559		noncompliance of the person with the case plan and any infractions
292	560		committed by the person.
293		-
294	561		U. V. The Pardon and Parole Board shall not be required to
295	562		conduct a hearing be fore granting administrative parole pursuant to
296	563		subsection R of this se ction.
297		-
298	564		V. W. Any person who is not granted administra tive parole shall
299	565		be otherwise eligible for parole pursuant to this section.
300		-
301	566		W. X. Any person who is granted administrative parole under
302	567		subsection R of this section shall be supervised and managed by the
303	568		Department of Corrections in the same manner as a parolee who has
304	569		been granted parole pursuant to this section. Th e person shall be
305	570		subject to all of the rules and regulations of p arole.
306	571
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	585	+	14
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	596	+
307	597		SECTION 2. NEW LAW A new section of law to be codified
308	598		in the Oklahoma Statutes as Section 512.1 of Title 57, unless there
309	599		is created a duplication in numbering, reads as f ollows:
310		-
311	600		A. Every offender released to parole supervi sion may be
312	601		eligible to earn credits for compliance with the terms and
313	602		conditions of parole supervision that reduce the term of
314	603		supervision. For every calendar month of compliance with the terms
315		-	and conditions of parole supervis ion, the Department of Corr ections ~~ENR. H. B. NO. 4369 Page 8~~
	604	+	and conditions of parole supervis ion, the Department of Corr ections
316	605		may award the offender earned credits equal to thirty (30) calendar
317	606		days to be applied toward a red uction of the parole supervision
318	607		period. For the purp oses of this section, "compliance" may be
319	608		defined as the absence of a violation repor t submitted by a
320	609		probation and parole officer during a calendar month. No person
321	610		convicted of an offense under Sec tion 13.1 or subsection C, D, E, F,
322		-	G, or J of Section ~~644~~ of Title 21 of the Oklahoma Statutes shall be
	611	+	G or J of Section 64 4 of Title 21 of the Oklahoma Statutes shall be
323	612		eligible for earned credits pursuant to this section.
324		-
325	613		B. The Department of Corrections may develop written policies
326	614		and procedures necessar y for the implementation of earned credits as
327	615		authorized pursuant to this section. The policies and proce dures
328	616		developed by the Depa rtment of Corrections may include, but are not
329	617		limited to, written guidelines regarding the process to earn credits
330	618		and the application of the credits towa rd the reduction of the term
331	619		of supervision, the collection of data related to who earns credit,
	620	+
	621	+	ENGR. H. B. NO. 4369 Page 12 1
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	634	+	14
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332	646		how much is applied and how much of the supervision period is
333	647		reduced.
334		-
335	648		C. The Department may maintain a record of credits earned by an
336	649		offender under this section. At least every six (6) months from the
337	650		date the offender is placed on parole supervision, the Department
338	651		may notify the offender o f the current parole supervision
339	652		termination date.
340		-
341	653		D. The Department may notify the Pardon and Parole Board of the
342	654		impending parole supervision termination date not less than thirty
343	655		(30) days prior to the expected date. However, nothing in this
344	656		section may prohibit the Department from requesting an earlier
345	657		parole supervision termination date.
346		-
347	658		SECTION 3. This act shall become effective November 1, 2022.
348		-	ENR. H. B. NO. 4369 Page 9
349		-	Passed the House of Representatives the 10th day of May, 2022.
	659	+	Passed the House of Representatives the 23rd day of March, 2022.
350	660
351	661
352	662
353	663
354	664		Presiding Officer of the House
355	665		of Representatives
356	666
357	667
358		-	Passed the Senate the ~~25th~~ day of ~~April~~, 2022.
	668	+	Passed the Senate the ___ day of __________, 2022.
359	669
360	670
361	671
362	672
363	673		Presiding Officer of the Senate
364	674
365	675
366	676
367		-	OFFICE OF THE GOVERNOR
368		-	Received by the Office of the Governor this ____________________
369		-	day of ___________________, 20_______, at _______ o'clock _______ M.
370		-	By: _________________________________
371		-	Approved by the Governor of the State of Oklahoma this _____ ____
372		-	day of ___________________, 20_______, at _______ o'clock _______ M.
373		-
374		-
375		-	_________________________________
376		-	Governor of the State of Oklahoma
377		-
378		-	OFFICE OF THE SECRETARY OF STATE
379		-	Received by the Office of the Secretary of State this __________
380		-	day of ___________________, 20_ ______, at _______ o'clock _______ M.
381		-	By: _________________________________
382		-