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STATE OF OKLAHOMA
2nd Session of the 59th L egislature (2024)
HOUSE BILL 3569 By: Manger
AS INTRODUCED
An Act relating to prisons and reformatories;
amending 57 O.S. 2021, Section 549, which r elates to
powers and duties of the State Board of Corrections;
exempting certain inmates from mandatory savings
requirement; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2021, Section 549, is
amended to read as follows:
Section 549. A. The State Board of Corrections shall have the
following powers and duties with respect to the operation of prison
industries, the Construction Division, and administration of inmate
trust funds:
1. The power to make leases or other contracts consistent with
the operation of prison industries, and to set aside land or
facilities for the use of such industry;
2. The power to establish conditions for expenditures by the
Department of Correct ions from the Industries Revolving Fund;
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3. The power to negotiate wages and working conditions on
behalf of prisoners working in prison industries or prisoners
working in the Construction Division. Pay grades for the
Construction Division "on-the-job training" inmate crews shall be as
follows:
a. Pay Grade "A" - Inmate Worker,
b. Pay Grade "B" - Inmate Worker,
c. Pay Grade "C" - Apprentice,
d. Pay Grade "D" - Skilled Craft;
4. The power to collect wages and other receipted funds on
behalf of the inmate, to apportion inmate wag es and funds in
accordance with the law; and the duty to preserve those wages and
funds reserved for the inmate in an account for his or her benefit,
and to establish procedures by which the inmate can draw funds from
this account under the conditions and limitations and for the
purposes allowed by law;
5. The duty to establish the percentages of such wages which
shall be available for apportionment to inmate mandatory savings; to
the inmate for his or her personal use; to the lawfu l dependents of
the inmate, if any; to the victim of the inmate 's crime; for payment
of creditors; for payment of costs and expenses for criminal actions
against such inmate; and to the Department of Corrections for costs
of incarceration. Provided, that not less than twenty per cent (20%)
of such wages shall be placed in an account, and shall be payable to
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the prisoner upon his or her discharge; however, inmates with a
sentence of life or life without the possibility of parole shall be
exempt from this pro vision. Funds from this account may be used by
the inmate for fees or costs in filing a civil or criminal action as
defined in Section 151 et seq. of Title 28 of the Oklahoma Statutes
or for federal action as defined in Section 1911 et seq. of Title 28
of the United States Code, 28 U.S.C., Section 1911 et seq.;
6. The power to invest funds held by the Department of
Corrections on behalf of each inmate in an interest -bearing account
with the interest accruing and payable to the Crime Victims
Compensation Revolving Fund, as provided in Section 142.17 of Title
21 of the Oklahoma Statutes. The interest from each inmate 's
savings account shall be payable to the Crime Victims Compensation
Revolving Fund, at such intervals as may be determined by the Board,
in addition to any other payments to such fund required by the
inmate's sentence or otherwise by law. An inmate shall not have the
right, use or control of any interest derived from any funds placed
in a mandatory savings account;
7. The power to invest fund s held by the Department of
Corrections on behalf of each inmate in a commingled offender
interest-bearing account held by the Office of the State Treasurer.
The State Treasurer shall post interest to this account monthly.
The Department of Corrections, at such intervals as may be
determined by the Board, will credit interest to the inmate based on
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the pro rata account balance of the inmate. Deposits into the
inmate interest-bearing account will only be allowed when the trust
fund draw account of the inm ate has a balance in excess of One
Hundred Dollars ($100.00). Inmate mandatory savings account
balances will not be used to determine the eligibility of the inmate
to participate in the interest -bearing savings account. Inmates who
participate in the int erest-bearing account will only be allowed to
transfer funds from their interest -bearing account to their draw
account once every ninety (90) days. All inmate transfers from the
interest-bearing account of the inmate to the draw account of the
inmate must be approved by appropriate Department staff prior to
transfer. All transfers of funds from an inmate interest -bearing
account to external recipients must be reviewed and approved by
appropriate Department staff prior to transfer. The Department will
define in policy those rules and procedures that govern inmate
interest-bearing account deposits and funds transfers; and
8. The power to invest canteen system, offender restitution and
other offender-related collections by the Department of Corrections
in a commingled interest-bearing account held by the Office of the
State Treasurer and invested as prescribed by Section 89.2 of Title
62 of the Oklahoma Statutes. The State Treasurer shall post
interest to this account monthly. By the fifteenth day of each
month, the proportionate share of the interest from the canteen
system, offender restitution and other offender -related collections,
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excluding that portion of the interest payable to the Victims
Compensation Revolving Fund and any interest payable to inmat es for
the inmate interest-bearing account, shall be remitted to the State
Treasurer from the Department of Corrections for deposit into the
General Revenue Fund.
B. The State Board of Corrections shall cause to be placed in
an account income from the inm ate's employment and any other income
or benefits accruing to or payable to and for the benefit of said
inmate, including any workers ' compensation or Social Security
benefits.
1. From this account the State Board of Corrections may charge
for costs of incarceration any inmate working in private prison
industries or any other inmate for costs of incarceration not to
exceed fifty percent (50%) of any deposits made to said account,
unless said deposits were from a workers ' compensation benefit.
2. From this account, the State Board of Corrections may charge
any inmate for costs of incarceration, an amount equivalent to one
hundred percent (100%) of any deposits from a workers ' compensation
benefit to said account.
3. The Department of Corrections shall pay into the Crime
Victims Compensation Revolving Fund, Section 142.17 of Title 21 of
the Oklahoma Statutes, an amount equal to five percent (5%) of the
gross wages earned by inmates working in a private prison industries
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program, said amount to be paid from t he amount deducted for cost of
incarceration.
4. Withdrawals and deposits shall be made according to rules
and regulations established by the State Board of Corrections.
C. The Department of Corrections may assess costs of
incarceration against all inmat es beginning on September 1, 1992.
Such costs shall be a debt of the inmate owed to the Department of
Corrections and may be collected as provided by law for collection
of any other civil debt. In addition to the provisions of this
section authorizing ex penditure of inmate trust funds for costs of
incarceration, any monies received for costs of incarceration shall
be deposited in the Department of Corrections Revolving Fund.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9522 GRS 01/03/24