Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1099 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1099 By: Bergstrom of the Senate
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8	38		and
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10	40		Humphrey of the House
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15	47		An Act relating to prisons and reformatori es;
16	48		amending 57 O.S. 2021, Section 510, which relates to
17	49		powers of the Director of the Department of
18	50		Corrections; authorizing Director to allow certain
19	51		employees to maintain correctional peace officer
20	52		status; updating statutory language; and providing an
21	53		effective date.
22	54
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26		-	SUBJECT: Correctional peace officer status
27	58
28	59		BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
29		-
30	60		SECTION 1. AMENDATORY 57 O.S. 2021, Section 510, is
31	61		amended to read as follows:
32		-
33	62		Section 510. A. The Director of the D epartment of Corrections
34	63		shall have the followin g specific powers and duties relating to the
35	64		penal institutions:
36		-
37	65		1. To appoint, subjec t to the approval of the State Board of
38	66		Corrections, a warden for each penal institution;
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40	94		2. To fix the duties of the wa rdens and to appoint and fix the
41	95		duties and compensation of such other personnel for each penal
42	96		institution as may be necessary for the proper operation thereof.
43	97		However, correctional of ficers hired after November 1, 1995, shall
44	98		be subject to the followin g qualifications:
45		-
46		-
47		-	ENR. S. B. NO. 1099 Page 2
48	99		a. the minimum age for service shall be twenty (20) years
49	100		of age. The Directo r shall have the authority to
50	101		establish the maximum age for correctional officers
51	102		entering service,
52		-
53	103		b. possession of a minimum of thirty (30) semester hours
54	104		from an accredited college or university, or
55	105		possession of a high school diploma acquired from an
56	106		accredited high school or GED equivalent testing
57	107		program,
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59	108		c. satisfactory completion of mini mum testing or
60	109		professional evaluation through the Merit System of
61	110		Personnel Administration to determine the fitness of
62	111		the individual to serve in the position. All written
63	112		evaluations shall be submitted to the Department of
64	113		Corrections, and
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66	114		d. satisfactory completion of a physical in keeping with
67	115		the conditions of the job description on an annual
68	116		basis and along the gu idelines as established by the
69	117		Department of Corrections;
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71	145		3. The Director shall design ate as correctional peace officers,
72	146		correctional officers who are employed in job classifications of
73	147		correctional securit y officer, correctional security manager,
74	148		correctional chief of security and chief of security u pon
75	149		satisfactory completion of a basic course of instruction for
76	150		correctional officers, as provided for in paragraph 4 of this
77	151		subsection. The peace officer au thority of employees designated as
78	152		correctional peace officers shall be limited to: maintaining
79	153		custody of prisoners; preventing attem pted escapes; pursuing,
80	154		recapturing and incarceratin g escapees and parole or probation
81	155		violators and arresting such escap ees, parole or probation
82	156		violators; serving warr ants; carrying firearms; preventing
83	157		contraband from entering any penal institutions institution;
84	158		arresting individuals who commit crimes at any penal i nstitution;
85	159		and performing any duties specifically required for the j ob
86	160		descriptions. Such powers and du ties of correctional peace officers
87	161		may be exercised for the purpose of maintaining cust ody, security,
88	162		and control of any prisoner being transported in side and outside
89	163		this state as authorized by the Uniform Criminal Ext radition Act and
90		-
91		-	ENR. S. B. NO. 1099 Page 3
92	164		the Interstate Corrections Compact. The Dire ctor may implement
93	165		policies that place additional limitations on the authority of
94	166		correctional peace officers. The Director shall issue an
95	167		identification card to each correctional peace officer that
96	168		identifies the person as a cor rectional peace officer an d grants the
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97	196		person the authority to carry a firearm and make arrests pursuant to
98	197		this paragraph. Should a correctional peac e officer terminate
99	198		employment for any reason, fail to remain qualifi ed as a
100	199		correctional peace officer o r for reasons stated in po licies of the
101	200		Department, the correctional peace officer shall return the
102	201		identification card to the supervisor of the correc tional peace
103	202		officer immediately;
104		-
105	203		4. To develop and implement, upon approval of the State Board
106	204		of Corrections, a basic course of instruction for correc tional
107	205		officers that consists of a train ing academy that provides not less
108	206		than two hundred (200) hours of core curriculum instruction and a
109	207		firearms training program that provides not less than twenty (20)
110	208		hours of instruction. The basic course of instru ction shall be
111	209		subject to the following:
112		-
113	210		a. the minimum qualifying score that must be shot to pass
114	211		the firearms training program shall be equal to the
115	212		minimum qualifying sc ore required by the Council on
116	213		Law Enforcement Education and T raining for peace
117	214		officers, and
118		-
119	215		b. the Director may waive any number of hours or courses
120	216		required to complete the basic cours e of instruction
121	217		for any person who, in the opinion of the Director,
122	218		has received sufficient training or experience that
123	219		such hours of instruction would be unduly burdensome
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124	247		or duplicative; however, completion of the firearms
125	248		training program shall not be waived;
126		-
127	249		5. To develop and implement annual in -service training for
128	250		correctional officers that consists o f at least forty (40) hour s of
129	251		continued corrections education and annual recertificatio n of
130	252		firearms proficiency. The minimum qualifying score that m ust be
131	253		shot to requalify for recertification of firearms proficiency shall
132	254		be equal to the minimum qualif ying score required by the Council on
133		-
134		-	ENR. S. B. NO. 1099 Page 4
135	255		Law Enforcement Education and Training for the req ualification of
136	256		peace officers;
137		-
138	257		6. To require any person emplo yed as a correctional security
139	258		officer, correctional security manager , correctional chief of
140	259		security, and chief of security to rema in qualified as a
141	260		correctional peace officer. Any correction al peace officer who is
142	261		unable to remain qualified as a correcti onal peace officer may be
143	262		offered an available position within the De partment in the same or
144	263		lesser pay grade for which the employe e is eligible, or the employee
145	264		may be terminated. When an employee who is commissioned as a
146	265		correctional peace officer by the Department voluntarily moves into
147	266		a position which does not require correctional peace officer status,
148	267		the Director may allow the employee to maintain his or her
149	268		correctional peace officer status;
150		-
151	269		7. To authorize other employees of the Department to car ry
152	270		firearms anywhere in the state to use for self -defense pursuant to
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153	298		and consistent with policies devel oped by the Department upon
154	299		satisfactory complet ion of the firearms training program pro vided
155	300		for in paragraph 4 of this subsection. The Director shall issue an
156	301		identification card to each authorized employee that grants the
157	302		employee the authority to carr y a firearm pursuant to the provisions
158	303		of this paragraph. Should an authorized employee terminate
159	304		employment for any reason, fail to remain qualified t o carry a
160	305		firearm, or for reasons stated in the policies of the Department,
161	306		the authorized employee shal l immediately return the id entification
162	307		card to the supervisor of the employee and shall no longer be
163	308		authorized to carry firearms under the authority o f this paragraph;
164		-
165	309		8. To maintain such industries, factories, plants, shops,
166	310		farms, and other enterprise s and operations, hereinaft er referred to
167	311		as prison industries, at each penal institutio n as the State Board
168	312		of Corrections deems necessary or appropria te to employ the
169	313		prisoners or teach skills, or to sustain the penal institution; and
170	314		as provided for by policies established by the State Board of
171	315		Corrections, to allow compensation for the wo rk of the prisoners,
172	316		and to provide for apportionment of inmate wages, the amounts thus
173	317		allowed to be kept in accounts by the Board for the prisoners and
174	318		given to the inmates upon discharge from the penal institution , or,
175	319		upon an order, paid to their families or dependents or used for the
176	320		personal needs of the prisoners. Any industry that employs
	321	+	prisoners shall be deemed a “State Prison Industry ” if the prisoners
177	322
178		-	ENR. S. B. NO. 1099 Page 5
179		-	prisoners shall be deemed a “State Prison Industry ” if the prisoners
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180	349		are paid from state funds includin g the proceeds of goods sold as
181	350		authorized by Section 123f of Title 74 of the Oklahoma Statutes.
182	351		Any industry in which wages of prisoners are paid by a
183	352		nongovernmental person, group, or corporation, except those
184	353		industries employing prisoners in work-release centers under the
185	354		authority of the Department of Correc tions, shall be deemed a
186	355		“Private Prison Industry ”;
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188	356		9. To assign residences at each penal institution to penal
189	357		institutional personnel and their families;
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191	358		10. To provide for the education, traini ng, vocational
192	359		education, rehabilitation, and recreation of prisoners;
193		-
194	360		11. To regulate the operation of canteens for prisone rs;
195		-
196	361		12. To prescribe rules for the conduct, management, and
197	362		operation of each penal institution , including rules for the
198	363		demeanor of prisoners, the punishment of recalcitrant prisoners, the
199	364		treatment of incorrigible prisoners, and the disposal of property or
200	365		contraband seized from inmates or offenders under the supervision of
201	366		the Department;
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203	367		13. To transfer prisoners from one penal institution to
204	368		another;
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206	369		14. To establish procedures that e nsure inmates are educated
207	370		and provided with the opportunity to ex ecute advance directives for
208	371		health care in compliance with Section 3101.2 of Title 63 of the
209	372		Oklahoma Statutes. The procedures sh all ensure that any inmate
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210	400		executing an advance directive f or health care is competent and
211	401		executes the directive with inform ed consent;
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213	402		15. To maintain courses of training and instruction for
214	403		employees of the Department;
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216	404		16. To maintain a program of res earch and statistics;
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218	405		17. To provide for the periodic audi t, at least once annually,
219	406		of all funds and accounts of each penal institution and the funds of
220	407		each prisoner;
221		-
222		-	ENR. S. B. NO. 1099 Page 6
223		-
224	408		18. To provide, subject to rules established by the Stat e Board
225	409		of Corrections, for t he utilization of inmate labor for any agency
226	410		of the state, city, town, or subdivision of this state, upon the
227	411		duly authorized request for such labor by the agency. The inmate
228	412		labor shall not be used to reduce employees or rep lace regular
229	413		maintenance or operations of the agency. The inmate labor shall be
230	414		used solely for public or state purposes. No inmate labor shall be
231	415		used for private use or purpose. Insofar as it is practicable, all
232	416		inmate labor shall be of such a nature and designed to assist and
233	417		aid in the rehabilitation of inmates performing the labor;
234		-
235	418		19. To provide clerical services for, and keep and preserve the
236	419		files and records of, the Pardon and Parole Board; make
237	420		investigations and inquiries as to prisoners at t he penal
238	421		institutions who are to be, or who might be, considered for parole
239	422		or other clemency; assist prisoners who are to be, or who might be,
240	423		considered for parole or discharge in obtaining suitable employment
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241	451		in the event of parole or discharge; report to the Pardon and Parole
242	452		Board, for recommendation to the Governor, violations of terms and
243	453		conditions of paroles; upon request of the Governor, make
244	454		investigations and inquiries as to persons who are to be, or who
245	455		might be, considered for reprieves or lea ves of absence; report to
246	456		the Pardon and Parole Board, for recommendation to the Governo r,
247	457		whether a parolee is entitled to a pardon, when the terms and
248	458		conditions of the parole have been completed; make presentence
249	459		investigations for, and make reports the reof to, trial judges in
250	460		criminal cases consistent with other laws of the state; supervi se
251	461		persons on felony probation or parole; and develop and operate,
252	462		subject to the policies and guidelines of the Board, work -release
253	463		centers, community treatment facili ties or prerelease programs a t
254	464		appropriate sites throughout this state;
255		-
256	465		20. To establish an employee tuition assistance program and
257	466		promulgate rules in a ccordance with the Administrative Procedures
258	467		Act for the operation of the program. The rules shall in clude, but
259	468		not be limited to, program purposes, eligibility requirements, use
260	469		of tuition assistance, service commitment to the Department,
261	470		reimbursement of tuition assistance funds for failure to complete
262	471		course work or service commitment, amounts of tuiti on assistance and
263	472		limitations, and record keeping;
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267	473		21. To establish an employee recruit ment and referral incentive
268	474		program and promulgate rules in accord ance with the Administrative
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269	502		Procedures Act for the operation of the program. The rules shall
270	503		include, but not be limited to, prog ram purposes, pay incentives for
271	504		employees, eligibility req uirements, payment conditions and amounts,
272	505		payment methods, and re cord keeping;
273		-
274	506		22. To provide reintegration referral services to any person
275	507		discharged from the state custody who has volunteered t o receive
276	508		reintegration referral services. The Director ma y assign staff to
277	509		refer persons discharged from state custody to s ervices. The
278	510		Director shall promulgate rules for the referral process. All
279	511		reintegration referral se rvices shall be subject to th e availability
280	512		of funds;
281		-
282	513		23. To conduct continual planning and research and periodically
283	514		evaluate the effectiveness of the v arious correctional programs
284	515		instituted by the Department; manage the designing, building, and
285	516		maintaining of all the capital impro vements of the Department;
286	517		establish and maintain current a nd efficient business, bookkeeping,
287	518		and accounting practices and p rocedures for the operations of all
288	519		penal institutions and facilities, and for the Department ’s fiscal
289	520		affairs; conduct initial ori entation and continuing in-service
290	521		training for the Departm ent employees; provide public information
291	522		services; inspect and ex amine the condition and management of state
292	523		penal and correctional institutions; investigate complaint s
293	524		concerning the management o f prisons or alleged mistreatment of
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294	552		inmates thereof; and h ear and investigate complaints as to
295	553		misfeasance or nonfeasance of employees of the Department;
296		-
297	554		24. To authorize any division of the Department to sell
298	555		advertising in any Department-approved publication, media production
299	556		or other informational material pr oduced by the Department;
300	557		provided, that such advertising shall be approved by the Director or
301	558		designee prior to acceptance for publication. The sale of
302	559		advertising and negotiation of rates for th e advertising shall not
303	560		be subject to The Oklahoma Central Purchasing Act or the
304	561		Administrative Procedures Act. The Departme nt shall promulgate
305	562		rules establishing criteria for accepting or using advertisements as
306	563		authorized in this paragraph;
307		-
308		-
309		-	ENR. S. B. NO. 1099 Page 8
310	564		25. To issue subpoenas to assist or further investigations into
311	565		allegations of crimes committed in public or private prisons within
312	566		the State of Oklahoma this state. Subpoenas issued by the Director
313	567		shall be enforced by the District Cour t in Oklahoma County,
314	568		Oklahoma;
315		-
316	569		26. To authorize award of the badge of an employee who dies
317	570		while employed by the Department to the spouse or next of kin of the
318	571		deceased employee;
319		-
320	572		27. To establish, in conjunction with the Information Services
321	573		Division of the Office of Management and Enterprise Services, an
322	574		emergency alert notification system for the public, capable of
323	575		distributing notifications of facility emergenci es or prisoner
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324	603		escapes for all facilities and each facility of the Department of
325	604		Corrections;
326		-
327	605		28. To declare an emergency when, du e to shortage of staff,
328	606		correctional officers at a facility are required to work more than
329	607		two double shifts in a seven -day period. As used in this paragraph,
330	608		“double shift” means two eight-hour shifts in a twenty -four-hour
331	609		period; and
332		-
333	610		29. To enter into contracts with media or film production
334	611		companies to allow the Department to authorize a media or film
335	612		production company to shoot commercial films at penal institutions
336	613		and other property under the control of the De partment. Any funds
337	614		received pursuant to said contracts shall be deposited into the
338	615		Department of Corrections Revolving Fund.
339		-
340	616		B. When an employee of the Department of Corrections has been
341	617		charged with a violation of the rules of the Department or with a
342	618		felony pursuant to the provisions of a s tate or federal statute, the
343	619		Director may, in the Director’s discretion, suspend the charged
344	620		employee, in accordance with the Oklahoma Personnel Act and/or the
345	621		Merit System of Personnel Administration Rules, pending the hearing
346	622		and final determination of t he charges. Notice of suspension shall
347	623		be given by the Director, in accordance with the provisions of the
348	624		Oklahoma Personnel Act. If after completion of the investigation of
349	625		the charges, it is determined that such charges are without merit or
350	626		are not sustained before the Oklahoma Merit Protection Commission or
351	627
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	628	+	SB1099 HFLR Page 13
	629	+	BOLD FACE denotes Committee Amendments. 1
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353	654		in a court of law, the employee shall be reinstated and shall be
354	655		entitled to receive all lost pay and benefits.
355		-
356	656		This subsection shall in no way deprive an emp loyee of the right
357	657		of appeal according t o the Oklahoma Personnel Act.
358		-
359	658		SECTION 2. This act shall become effective November 1, 202 2.
360	659
361		-
362		-	ENR. S. B. NO. 1099 Page 10
363		-	Passed the Senate the 17th day of February, 2022.
364		-
365		-
366		-
367		-	Presiding Officer of the Senate
368		-
369		-
370		-	Passed the House of Representatives the 28th day of April, 2022.
371		-
372		-
373		-
374		-	Presiding Officer of the House
375		-	of Representatives
376		-
377		-	OFFICE OF THE GOVERNOR
378		-	Received by the Office of the Governor this _______ _____________
379		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
380		-	By: _________________________________
381		-	Approved by the Governor of the State of Oklahoma this _____ ____
382		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
383		-
384		-	_________________________________
385		-	Governor of the State of Oklahoma
386		-
387		-
388		-	OFFICE OF THE SECRETARY OF STA TE
389		-	Received by the Office of the Secretary of State this _______ ___
390		-	day of __________________, 20 _______, at _______ o'clock _______ M.
391		-	By: _______________________________ __
	660	+	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
	661	+	dated 03/31/2022 - DO PASS.