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SENATE FLOOR VERSION
February 13, 2023
AS AMENDED
SENATE BILL NO. 1077 By: Stewart and Young of the
Senate
and
Talley of the House
[ discriminatory practices - compliance with federal
law - disclosure - hiring process - liability -
earned credits - retroactive application - effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 24 O.S. 2021, Se ction 148, is
amended to read as follows:
Section 148. A. Prior to requesting a consumer report for
employment purposes, the requestor or user of the consumer report
shall provide written notice to the person who is the subject of the
consumer report. The notice shall inform th e consumer that a
consumer report will be used and the notice shall contain a box that
the consumer may check to receive a copy of the consumer report. If
the consumer requests a copy of the report, the user of the co nsumer
report shall request that a cop y be provided to the consumer w hen
the user of the consumer report requests its copy from the credit
reporting agency. The report sent to the consumer shall be provided
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at no charge to the consumer. As used in this s ection, “consumer
report” shall have the same meaning as that term is defined in the
federal Fair Credit Reporting Act, 15 U.S.C., Sections 1681 et seq.
B. Consumer background reports as defined by 15 U.S.C ., Section
1681 et seq., including criminal history background reports,
provided for any purpose other than law enforce ment investigation or
a pending judicial proceeding provided by any consumer reporting
agency as defined by 15 U.S.C., Section 1681 et seq., including
state agencies and political subdivisions, shall comply with the
provisions of 15 U.S.C., Section 1681 et seq.
C. Prohibitions on disclosure of certain background information
and criminal history information as provided by 15 U.S.C., Section
1681 et seq. shall be considered a confidential privilege und er the
Oklahoma Open Records Act.
D. Employees who maintain a policy of not hiring ex-felons for
whatever reason shall disc lose on the job application and job
posting, wherever it is posted, the following statement:
“Individuals with felonies will not be considered for this
position.”
E. Inquiring about Felonies on Employment Applications:
1. Employers may not ask on the application or throughout the
hiring process if an employment candidate has been convicted of a
felony, but may request a background report in compliance with the
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provision of this section if a co nditional offer of employment has
been made to the candidate; and
2. Law enforcement, judiciary, education institutions care
facilities, medical facilities, and any institution that requires
security clearance are exempted from the provisions of paragraph 1
of subsection E of this section. Under this exemption, exempted
institutions may inquire about felonies immediately upon ap plication
for employment and throughout the employment process. Further,
background checks requested may be provided with out compliance with
subsections A through D of this section.
F. Any employer who makes an employment hire under the
provisions of this section shall be indemnified from civil liability
for causes of action directly stemming from the hired person unless
it can be shown the employer in some way acted with reckless
disregard for public or personal safety while in some dire ct
violation of these provisions.
G. No person shall be held liable for any v iolation of this
section if such person shows by a preponde rance of the evidence
that, at the time of the alleged violation, such perso n maintained
reasonable procedures to assure compliance with this section.
SECTION 2. AMENDATORY 57 O.S. 2021, Section 138, is
amended to read as follows:
Section 138. A. Except as otherwise provided by law, every
inmate of a state correctional institution shall have their term of
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imprisonment reduced monthl y, based upon the class level to which
they are assigned. Earned credits may be subtracted from the total
credits accumulated by an inmate, upon recommendation of the
institution’s disciplinary committee, following due process, and
upon approval of the wa rden or superintendent. Each earned credit
is equivalent to one (1) day of incarceration. Lost cred its may be
restored by the warden or superintendent upon approval of the
classification committee. If a maximum and minimum term of
imprisonment is impose d, the provisions of this sub section shall
apply only to the maximum term . No deductions shall be cr edited to
any inmate serving a sentence of life imprisonment; however, a
complete record of the inmate ’s participation in work, school,
vocational training, or other approved program s hall be maintained
by the Department for con sideration by the paroling a uthority. No
earned credit deductions shall be credited or recorded for any
inmate serving any sentence for a criminal act which resulted in the
death of a police officer, a law enfor cement officer, an employee of
the Department of Corrections, or an empl oyee of a private prison
contractor and the death occurred while the police officer, law
enforcement officer, employee of the Department of Corrections, or
employee of a private prison contractor was acting within the scope
of their employment. No earned credit deductions shall be credited
or recorded for any person who is referred to an intermediate
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revocation facility for violating any of the terms and co nditions of
probation.
B. The Department of Corrections is directed to d evelop a
written policy and procedure whereby inmates shall be assigned to
one of four class levels determined by an adjustment review
committee of the facility to which the inmate is assigned. The
policies and procedures developed by the Department shall include,
but not be limited to, written guidelines pertaining to awarding
credits for rehabilitation, obtaining job skills and educational
enhancement, participation in and completio n of alcohol/chemical
abuse programs, incentives for inmates to accept wo rk assignments
and jobs, work attendance and productivity, conduct record,
participation in programs, cooperative general behavior, and
appearance. When assigning inmates to a class level the adjustment
review committee shall consider all aspects of the p olicy and
procedure developed by the Department including but not limited to
the criteria for awarding credits required by this subsection.
C. If an inmate is subject to misconduct, nonperformance or
disciplinary action, earned credits may be removed acco rding to the
policies and procedures developed by the Department. Earned credits
removed for misconduct, nonperformance or disciplinary action may be
restored as provided by Departme nt policy, if any.
D. 1. Class levels shall be as follows:
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a. Class level 1 shall include inmates n ot eligible to
participate in class levels 2 through 4, and shall
include, but not be limited to, inmates on escape
status.
b. Class level 2 shall include an inmate who has been
given a work, education, or program assignment, ha s
received a good evaluation for participation in the
work, education, or program assignment, and has
received a good evaluation for personal hygiene and
maintenance of living area.
c. Class level 3 shall include an inmate who has been
incarcerated at leas t three (3) months, has rece ived
an excellent work, education, or program evaluation,
and has received an excellent evaluation for personal
hygiene and maintenance of living area.
d. Class level 4 shall include a n inmate who has been
incarcerated at least eight (8) months, has receiv ed
an outstanding work, education, or program evaluation,
and has received an outstanding evaluation for
personal hygiene and maintenance of living area.
2. a. Until November 1, 2001, class level corresponding
credits are as follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
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Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
b. Class level corresponding credits beginning Nov ember
1, 2001, for inmates wh o have ever been convicted as
an adult or a youthful offender or adjudic ated
delinquent as a juvenile for a felony offense
enumerated in subsection E of this section are as
follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
c. Class level corresponding credits beginning November
1, 2001, for inmates who have never been convicted as
an adult or a youthful offender or adjudicated
delinquent as a juvenile for a felony offense
enumerated in subsection E of this section a re as
follows:
Class 1 – 0 Credits per month;
Class 2 – 22 Credits per month;
Class 3 – 45 Credits per month;
Class 4 – 60 Credits per month.
Each inmate shall receive the above speci fied monthly credits
for the class to which he or she is assigned. In de termining the
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prior criminal history of the inmate, the Department of Corrections
shall review criminal history records available through the Oklahoma
State Bureau of Investigation, F ederal Bureau of Investigatio n, and
National Crime Information Center to determine the reported felon y
convictions of all inmates. The Department of Corrections shall
also review the Office of Juvenile Affairs Juvenile On -line Tracking
System for inmates who were adjudicated delinque nt or convicted as a
youthful offender for a crime that would be an offe nse enumerated in
subsection E of this section.
3. In addition to the criteria established for each class in
paragraph 1 of this subsection, the following requirements shall
apply to each of levels 2 through 4:
a. satisfactory participation in the work, e ducation, or
program assignment at the standard required for the
particular class level,
b. maintenance of a clean and orderly living area and
personal hygiene at the standard required for the
particular class level,
c. cooperative behavior toward facility staff and other
inmates, and
d. satisfactory participation in the requirements of the
previous class level.
4. The evaluation scale for assessing perform ance shall be as
follows:
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a. Outstanding - For inmates who display consis tently
exceptional initiativ e, motivation, and work habits.
b. Excellent - For inmates who display above -average work
habits with only minor errors and rarely perform below
expectations.
c. Good - For inmates who perform in a satisfactory
manner and complete tasks as required, doing what is
expected, with only occasional performance above or
below expectations.
d. Fair - For inmates who may perform satisfactorily for
some periods of time, but whose performance is marked
by obviously deficient and weak areas and could be
improved.
e. Poor - For inmates whose performance is unsatisfactory
and falls below expected and acceptable standards.
E. No person ever convicted as an adult or a yout hful offender
or adjudicated delinquent as a juvenile in this state for a ny felony
offense enumerated in this subsection or a similar felony offense
pursuant to the provisions of another state, the United States, or a
military court shall be eligible for t he credits provided by the
provisions of subparagraph c of paragraph 2 of subsection D of this
section.
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1. Assault, battery, or assault and battery with a dangerous
weapon as defined by Section 645, subsection C of Section 652 of
Title 21 or Section 2 -219 of Title 43A of the Oklahoma Statutes;
2. Aggravated assault and batter y on a police officer, sheri ff,
highway patrolman, or any other officer of the law as defined by
Section 650, subsection C of Section 650.2, 650.5, subsection B of
Section 650.6, or subsection C of Section 650.7 of Title 21 of the
Oklahoma Statutes;
3. Poisoning with intent to kill as defined by Section 651 of
Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as defined by Section 652 of
Title 21 of the Oklahoma Stat utes;
5. Assault with intent to kill as defined by Section 653 of
Title 21 of the Oklahoma Statutes;
6. Assault with intent to commit a felony as defined by Section
681 of Title 21 of the Oklahoma Statutes;
7. Assaults while masked or disguised as defin ed by Section
1303 of Title 21 of the Oklahoma Statutes;
8. Entering premises of another while maske d as defined by
Section 1302 of Title 21 of the Oklahoma Statutes;
9. Murder in the first degree as defined by Section 701.7 of
Title 21 of the Oklahoma S tatutes;
10. Solicitation fo r Murder in the first degree as defined by
Section 701.16 of Title 21 of the Oklahoma Statutes;
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11. Murder in the second degree as defined by Section 701.8 of
Title 21 of the Oklahoma Statutes;
12. Manslaughter in the first d egree as defined by Section 7 11,
712 or 714 of Title 21 of the Oklahoma S tatutes;
13. Manslaughter in the second degree as defined by Section 716
or 717 of Title 21 of the Oklahoma Statutes;
14. Kidnapping as defined by Section 741 of Title 21 of the
Oklahoma Statutes;
15. Burglary in the first degree as defined by Section 1 431 of
Title 21 of the Oklah oma Statutes;
16. Burglary with explosives as defined by Section 1441 of
Title 21 of the Oklahoma Statutes;
17. Kidnapping for extortion as defined by Se ction 745 of Title
21 of the Oklahoma Statutes;
18. Maiming as defined b y Section 751 of Title 21 of the
Oklahoma Statutes;
19. Robbery as defined by Section 791 of Title 21 of the
Oklahoma Statutes;
20. Robbery in the first degree as defined by Section 797 of
Title 21 of the Oklah oma Statutes;
21. Robbery in the second deg ree as defined by Section 79 7 of
Title 21 of the Oklahoma Statutes;
22. Armed robbery as defined by Section 801 of Title 21 of the
Oklahoma Statutes;
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23. Robbery by two or more pers ons as defined by Section 800 of
Title 21 of the Oklahoma Statutes;
24. Robbery with dangerous weapo n or imitation firearm as
defined by Section 801 of Title 21 of the Oklahoma Statutes;
25. Any crime against a child provided for in Section 843.5 of
Title 21 of the Oklahoma Statutes ;
26. Wiring any equipment, vehicle or stru cture with explosives
as defined by Section 849 of Title 21 of the Oklahoma Statutes;
27. Forcible sodomy as defined by Section 888 of Title 21 of
the Oklahoma Statutes;
28. Rape in the first degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
29. Rape in the second degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
30. Rape by instrumentation as defined by Section 1111.1 of
Title 21 of the Oklahoma Statutes;
31. Lewd or indecent proposition or lewd or indecent act with a
child as defined by Section 1123 of Title 21 of the Oklahoma
Statutes;
32. Sexual battery of a person over 16 as defined by Section
1123 of Title 21 of the Oklahoma Statutes;
33. Use of a firearm or offensive weapon to comm it or attempt
to commit a felony as defined by Section 1287 of Title 21 of the
Oklahoma Statutes;
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34. Pointing firearms as defined by Section 1289.16 of Title 21
of the Oklahoma Stat utes;
35. Rioting as defined by Section 1311 or 1321.8 of Title 21 of
the Oklahoma Statutes;
36. Inciting to riot as defined by Section 1320.2 of Title 21
of the Oklahoma Statutes;
37. Arson in the first degree as defined by Section 1401 of
Title 21 of the Oklahoma Statutes;
38. Endangering human life during arson as define d by Section
1405 of Title 21 of the Oklahoma Statutes;
39. Injuring or burning public buildings as defined by Section
349 of Title 21 of the Oklahoma Statutes;
40. Sabotage as defi ned by Section 1262, 1265.4 o r 1265.5 of
Title 21 of the Oklahoma Statute s;
41. Extortion as defined by Section 1481 or 1486 of Title 21 of
the Oklahoma Statutes;
42. Obtaining signature by extortion as defined by Section 1485
of Title 21 of the Oklahoma Statutes;
43. Seizure of a bus, discharging firearm or hurling missile at
bus as defined by Section 1903 of Title 21 of the Oklahoma Statutes;
44. Mistreatment of a vulnerable adult as defined by Section
843.1 of Title 21 of the Oklahoma Statutes;
45. Sex offender providing servic es to a child as defined by
Section 404.1 of Title 10 of the Oklahoma St atutes;
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46. A felony offense of domestic abuse as defined by subsection
C of Section 644 of Title 21 of the Oklahoma Statutes;
47. Prisoner placing body fluid on government employee as
defined by Section 650.9 of Title 21 of t he Oklahoma Statutes;
48. Poisoning food or water supply as defined by Section 832 of
Title 21 of the Oklahoma Statutes;
49. Trafficking in children as defined by Section 866 of Tit le
21 of the Oklahoma Statute s;
50. Incest as defined by Section 885 of Title 21 of the
Oklahoma Statutes;
51. Procure, produce, distribute, or possess juvenile
pornography as defined by Section 1021.2 of Title 21 of the Oklahoma
Statutes;
52. Parental consent to juvenile pornograp hy as defined by
Section 1021.3 of Title 21 of the Oklahoma Statutes;
53. Soliciting minor for indecent exposure as defined by
Section 1021 of Title 21 of the Oklahoma Statutes;
54. Distributing obscene material or child porn ography as
defined by Section 1040.13 of Title 21 of the Oklahoma Statute s;
55. Child prostitution a s defined by Section 1030 of Title 21
of the Oklahoma Statutes;
56. Procuring a minor for prostitution or other lewd acts as
defined by Section 1087 of Ti tle 21 of the Oklahoma Statut es;
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57. Transporting a child under 18 for p urposes of prostitution
as defined by Section 1087 of Title 21 of the Oklahoma Statutes;
58. Inducing a minor to engage in prostitution as defined by
Section 1088 of Title 21 of the Oklahoma Statutes;
59. A felony offense of stalking as defined by subsec tion D of
Section 1173 of Title 21 of the Oklahoma Statutes;
60. Spread of infectious diseases as defined by Section 1192 of
Title 21 of the Oklahoma Statutes;
61. Advocate overthro w of government by force, com mit or
attempt to commit acts to overthrow t he government, organize or
provide assistance to groups to overthrow the government as defined
by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma
Statutes;
62. Feloniously discharging a firearm as def ined by Section
1289.17A of Title 21 of the Oklahoma Statutes;
63. Possession, use, manufacture, or threat of incendiary
device as defined by Section 1767.1 of Title 21 of the Oklahoma
Statutes;
64. Causing a personal injury accident while driving under the
influence as defined by Section 11 -904 of Title 47 of the Oklahoma
Statutes; or
65. Using a motor vehicle to facilitate the discharge of a
firearm as defined by Section 652 of Title 21 of the Oklahoma
Statutes.
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F. The policy and procedure developed b y the Department of
Corrections shall includ e provisions for adjustment review
committees of not less than three members for each such committee.
Each committee shall consist of a classification team supervisor who
shall act as chairman, the case manager for the inmate being
reviewed or classified, a correctional officer or i nmate counselor,
and not more than two other members, if deemed necessary, determined
pursuant to policy and procedure to be appropriate for the specific
adjustment review committee or committees to which they are
assigned. At least once every four (4) mo nths the adjustment review
committee for each inmate shall evaluate the class level status and
performance of the inmate and determine whether or not the c lass
level for the inmate sho uld be changed.
Any inmate who feels aggriev ed by a decision made by an
adjustment review committee may utilize normal grievance procedures
in effect with the Department of Corrections and in effect at the
facility in which the inmate is incarcerated.
G. Inmates granted medical leaves for treatment that cannot be
furnished at the penal institution where incarcerated shall be
allowed the time spent on medical leave as time served. Any inmate
placed into administrative segregati on for nondisciplinary reason s
by the institution’s administration may be placed in Class 2. The
length of any jail term served by an inmate before being transported
to a state correctional institution pursuant to a judgment and
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sentence of incarceration shall be deducted from the te rm of
imprisonment at the state correctional institution. Inmates
sentenced to the Department of Corrections and detained in a county
jail as a result of the Department ’s reception scheduling procedure
shall be awarded earned credits as provided for in su bparagraph b of
paragraph 1 of subsection D of this section, beginning o n the date
of the judgment and sentence, unless the inmate is convicted of a
misdemeanor or felony committed in the jail while the inmate is
awaiting transport to the Lexington Assessm ent and Reception Center
or other assessment and reception location dete rmined by the
Director of the Department of Corrections.
H. Additional achievement earned credits for successful
completion of departmentally approved pro grams or for attaining
goals or standards set by the Department , acquiring postsecondary
education or vocation training and securing and maintaining
employment shall be awarded to any inmate, parol ee, or probationer
as follows:
Bachelor’s degree...................... 200 credits;
Associate’s degree..................... 100 credits;
High School Diploma or High School
Equivalency Diploma...................90 credits;
Certification of Completion of
Vocational Training...................80 credits;
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Successful completion of
Alcohol/Chemical Abuse Treatment
Program of not less than four (4)
months continuous participat ion.......70 credits;
Successful completion of other
Educational Accomplishmen ts or
other programs not specified in
this subsection................10-30 200 credits;
Continuous Employment for one
hundred eighty (180) days while on
parole or probation; for each one
hundred twenty (120) days...... 45
credits
Achievement earned credits are subject to loss and restoration in
the same manner as earned credits.
I. Any inmate who is paroled shall remained on the earned cred
class level he or she was on when they were granted parole while on
parole as long as the conditions of parole are satisfactorily
maintained and their sentence shall be reduced accordingly.
J. The provisions of subsection H and I of this section shall
be applied to those prior to the effective date of this act.
K. The accumulated time of every inmate shall be tallied
monthly and maintained by the institution where the term of
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imprisonment is being served. A record of said accumulated time
shall be:
1. Sent to the administrative office of the Department of
Corrections on a quarterly basis; and
2. Provided to the inmate.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
February 13, 2023 - DO PASS AS AMENDED