Oklahoma 2023 Regular Session

Oklahoma House Bill HB1394 Latest Draft

Bill / Enrolled Version Filed 04/18/2023

                            An Act 
ENROLLED HOUSE 
BILL NO. 1394 	By: Bashore of the House 
 
   and 
 
  Weaver of the Senate 
 
 
 
 
 
 
An Act relating to criminal justice statistics; 
amending 22 O.S. 2021, Section 988 .15, which relates 
to the Oklahoma Community Sentencing Act; modifying 
name of certain division within the Oklahoma State 
Bureau of Investigation; amend ing 74 O.S. 2021, 
Section 150.17a, which relates to the Criminal 
Justice Resource Center; modifying name of cert ain 
division within the Oklahoma State Bureau of 
Investigation; and providing an effective date. 
 
 
 
 
SUBJECT: Criminal justice statistics 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY     22 O.S. 2021, Section 988.15, is 
amended to read as follows: 
 
Section 988.15 The Community Sentencing Division within the 
Department of Corrections shall have the duty to: 
 
1.  Administer a statewide community sentencing system pursuant 
to the provisions of th e Oklahoma Community Sentencing Act and other 
provisions of law; 
 
2.  Establish goals and standards for the statewide community 
sentencing system and the local community sentencing systems; 
 
3.  Promulgate rules pursuant to the Administrative Procedures 
Act for the implementation and operation of the Oklahoma Community 
Sentencing Act;  ENR. H. B. NO. 1394 	Page 2 
 
4.  Provide technical assistance and administrative support to 
each local community sentencing system.  The technical assistance 
shall include, but not be limited to, informatio n on: 
 
a. corrections system design, 
 
b. administration, 
 
c. development, monitoring, and evaluating of programs 
and services, 
 
d. program identification and specifications, 
 
e. offender risk management, 
 
f. supervision of offenders, 
 
g. planning and budgeting, 
 
h. grant applications, and 
 
i. preparation and submission of documents, data, 
budgets, and system plans; 
 
5. Coordinate and collaborate with other state agencies for 
services and technical assistance to each local community sentencing 
system; 
 
6.  Apply for and accept money and other assets to be utilized 
for support of a statewide community sentencing system and to 
allocate and disburse appropriated funds to local community 
sentencing systems through an appropriate funding method; 
 
7.  Review, analyze and fund local system plans within budgetary 
limitations; 
 
8.  Contract with local service providers and state agencies for 
services to the local system; 
 
9.  Identify and solicit other funding sources and resources to 
support the statewide community sentencing syst em; 
 
10.  Request post-audits of state funds; 
  ENR. H. B. NO. 1394 	Page 3 
11.  Monitor and coordinate local syst ems; 
 
12.  Provide performance-based evaluations for all service 
providers of the statewide system; 
 
13.  Report annually by January 15 to the Legislature and 
Governor on the statewide system.  The report shall provide an 
evaluation of the effectiveness of t he Oklahoma Community Sentencing 
Act in terms of public safety, appropriate range of community 
punishments, cost-effectiveness, performance -based effectiveness in 
reducing recidivism, utilization by the judici ary, resource 
allocation, reduced state and loc al institutional receptions, if 
any, and statistical data, including, but not limited to, community 
sentencing participation by county, total number of qualifying and 
nonqualifying community sentences per mont h for each local community 
sentencing system, t otal number of community sentences ordered per 
month, program participation and the annual average cost per 
offender.  A copy of the report shall also be submitted to the 
Oklahoma Statistical Analysis Center, a division of the Office of 
Criminal Justice Statistics unit of the Oklahoma State Bureau of 
Investigation, which shall publish the annual report on the website 
of the Bureau; and 
 
14.  Disseminate information to local ad ministrators and 
community sentencing sys tems concerning corrections issues 
including, but not limited to: 
 
a. punishment options, 
 
b. disciplinary sanctions, 
 
c. resource allocation, 
 
d. administration, 
 
e. legal issues, 
 
f. supervision and risk management, 
 
g. treatment methodology and services, 
 
h. education and vocational services, 
 
i. service and program monitoring and evaluation methods, 
  ENR. H. B. NO. 1394 	Page 4 
j. grants and funding assistance, 
 
k. data and record keeping, and 
 
l. offender characteristics. 
 
SECTION 2.    AMENDATORY     74 O.S. 202 1, Section 150.17a, is 
amended to read as follows: 
 
Section 150.17a A.  Effective July 1, 2009, the Criminal 
Justice Resource Center of the Legislative Service Bureau shall be 
transferred to the Oklahoma State Bureau of Invest igation and the 
Office of the Attorney General as follows: 
 
1.  The functions of the Crim inal Justice Resource Center 
relating to administration and research shall be transferred to the 
Office of Criminal Justice S tatistics, which is hereby created 
within the Information Services Di vision of the Oklahoma State 
Bureau of Investigation; 
 
2.  The functions of the Criminal Justice Resource Center 
relating to data processing and information technology shall be 
transferred to the Information Technology Systems Divi sion of the 
Oklahoma State Bureau of Investigation; and 
 
3.  The functions of the Crimina l Justice Resource Center 
relating to the Domestic Violence Fatality Review Board shall be 
transferred to the Office of the A ttorney General. 
 
All unexpended funds, prop erty, records, personnel and any 
outstanding financial obligations or encumbrances of th e Criminal 
Justice Resource Center are hereby transferred to the entities 
specified in this subsection . 
 
B.  Effective July 1, 2009, the personnel transferred from the 
Criminal Justice Resource Center to the Oklahoma State Bureau of 
Investigation and the Office of the Attorney General and persons 
occupying the position of any such personnel on July 1, 200 9, shall 
become employees of such agencies and shall not be subject to the 
provisions of the Merit System of Personnel Administration. 
 
C.  Effective July 1, 2009, any reference in the Oklahoma 
Statutes to the Criminal Justice Resource Center shall be a 
reference to the Oklahoma St ate Bureau of Investigation or the  ENR. H. B. NO. 1394 	Page 5 
Office of the Attorney General, as appropriate with respect to the 
content of the reference. 
 
D.  Upon the effective date of this act, the Office of Criminal 
Justice Statistics shall be known as the Statistical Analysis Ce nter 
and shall be a unit of the Oklahoma State Bureau of Investigation. 
 
SECTION 3.  This act shall become effective November 1, 2023. 
  ENR. H. B. NO. 1394 	Page 6 
Passed the House of Representatives the 8th day of March, 2023. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 17th day of April, 2023. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Sec retary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________  ENR. H. B. NO. 1394 	Page 7