Req. No. 10505 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1074 By: Lowe (Jason)
AS INTRODUCED
An Act relating to commutations; amending 57 O.S.
2021, Section 332.2, as amended by Section 1, Chapter
198, O.S.L. 2022 (57 O.S. Supp. 2024, Section 332.2),
which relates to procedures for commutations;
allowing certain offenders to submit applications for
commutation once every two years; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 57 O.S. 2021, Section 332 .2, as
amended by Section 1, Chapter 198, O.S.L. 2022 (57 O.S. Supp. 2024,
Section 332.2), is amended to read as follows:
Section 332.2. A. The Pardon and Parole Board, which s hall
meet only on the call of the Chair, is authorized, if and when an
application made to the Governor for a reprieve, commutation,
parole, pardon, or other act of clemency is certified thereto by the
Governor, to examine into the merits of said applicati on and make
recommendations to the Governor in relation thereto, said
recommendation being advisory to the Governor and not binding
thereon.
Req. No. 10505 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. Any consideration for commutation shall be made only after
application is made to the Pardon and Parole Board p ursuant to the
procedures set forth in this section. The Pardon and Parole Board
shall provide a copy of the application to the district attorney,
the victim or representative of the victim and the Office of the
Attorney General within ten (10) business d ays of receipt of such
application.
C. An application for commutation, other than those provided
for in subsection F of this section, must be sent to the trial
officials, who shall have twenty (20) business days to provide a
written recommendation or prot est prior to consideration of the
application. Trial officials shall include:
1. The current elected judge of the court where the conviction
was had;
2. The current elected district attorney of the jurisdiction
where the conviction was had; or
3. The chief or head administrative officer of the arresting
law enforcement agency.
D. In cases resolved prior to the tenure of the present
officeholders, the recommendation or protest of persons holding such
offices at the time of conviction may also be conside red by the
Board.
E. The recommendation for commutation of a sentence by a trial
official may include the following:
Req. No. 10505 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. A statement that the penalty now appears to be excessive;
2. A recommendation of a definite term now considered by the
official as just and proper; and
3. A statement of the reasons for the recommendation based upon
facts directly related to the case which were not available to the
court or jury at the time of the trial or based upon there having
been a statutory change in penalty for the crime which makes the
original penalty appear excessive.
F. 1. The Pardon and Parole Board shall establish an
accelerated, single-stage commutation docket for any applicant who
has been convicted of a crime that has been reclassified from a
felony to a misdemeanor under Oklahoma law. The Pardon and Parole
Board shall be empow ered to recommend to the Governor for
commutation, by majority vote, any commutation application placed on
the accelerated, single -stage commutation docket that meets the
eligibility criteria provided above. The Department of Corrections
shall certify a list of potentially eligible inmates to the Pardon
and Parole Board within thirty (30) days of the effective date of
this act.
2. A nonviolent offender shall be authorized to sub mit an
application for commutation once every two (2) years.
G. The Pardon and Parole Board shall schedule the application
on a commutation docket in compliance with the notice requirements
set forth herein. The Board shall provide the victim or
Req. No. 10505 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
representative of the victim at least twenty (20) days to offer
recommendations or protests before consideration of the application.
H. Applications for commutation shall be given impartial review
as required in Section 10 of Article VI of the Oklahoma
Constitution.
I. Any consideration for pardon shall be made only after
application is made to the Pardon and Parole Board. Upon receipt of
an application for pardon, the Board shall provide a copy of the
application to the district attorney, the victim or represen tative
of the victim and the Office of the Attorney General within twenty
(20) business days of receipt of such application. The district
attorney and the victim or representative of the victim shall have
twenty (20) business days to provide written recom mendation or
protest prior to the consideration of the application. The Board
shall schedule the application on a pardon docket in compliance with
the notice requirements set forth herein.
J. In accordance with Section 10 of Article VI of the Oklahoma
Constitution, the Board shall communicate to the Legislature, at
each regular session, by providing a summary of the activities of
the Board. This summary shall include, but not be limited to, the
following Board activity:
1. The approval or recommendation rates of the Board for both
violent and nonviolent offenses;
Req. No. 10505 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The parole approval rates for each individual Board member
for both violent and nonviolent offenses; and
3. The percentage of public comments to and personal
appearances before the Board in cluding victim protests and personal
appearances, district attorney protests and personal appearances,
and delegate recommendations and personal appearances on behalf of
the offender.
This summary shall be made available to the public through
publication on the website of the Pardon and Parole Board.
K. The Pardon and Parole Board shall provide a copy of their
regular docket and administrative parole docket to each district
attorney in this state at least twenty (20) days before such docket
is considered by the Board, or in the case of a supplemental,
addendum or special docket, at least ten (10) days before such
docket is considered by the Board, and shall notify the district
attorney of any recommendations for commutations or paroles no later
than twenty (20) days after the docket is considered by the Board.
L. The Pardon and Paro le Board shall notify all victims or
representatives of the victim in writing at least twenty (20) days
before an inmate is considered by the Board provided the Board has
received a request from the victim or representatives of the victim
for notice. The Board shall provide all victims or representatives
of the victim with the date, time and place of the scheduled meeting
and rules for attendance and providing information or inpu t to the
Req. No. 10505 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Board regarding the inmate or the crime. If requested by the victim
or representatives of the victim, the Board shall allow the victim
or representatives of the victim to testify at the parole hearing of
the inmate for at least five (5) minutes.
M. The Pardon and Parole Board shall notify all victims or
representatives of the victim in writing of the decision of the
Board no later than twenty (20) days after the inmate is considered
by the Board.
N. Any notice required to be provided to the vict ims or the
representatives of the victim shall be mailed by first -class mail to
the last-known address of the victim or representatives of the
victim. It is the responsibility of the victims or representatives
of the victim to provide the Pardon and Parol e Board a current
mailing address. The victim -witness coordinator of the district
attorney shall assist the victims or representatives of the victim
with supplying their address to the Board if they wish to be
notified. Upon failure of the Pardon and Par ole Board to notify a
victim who has requested notification and has provided a current
mailing address, the final decision of the Board may be voidable,
provided, the victim who failed to receive notification requests a
reconsideration hearing within thirt y (30) days of the
recommendation by the Board for parole. The Pardon and Parole Board
may reconsider previous action and may rescind a recommendation if
deemed appropriate as determined by the Board.
Req. No. 10505 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
O. For purposes of this section, "victim" shall mean all
persons who have suffered direct or threatened physical or emotional
harm, or financial loss as the result of the commission or attempted
commission of criminally injurious conduct, and "representatives of
the victim" shall mean those persons who are m embers of the
immediate family of the victim, including stepparents, stepbrothers,
stepsisters, and stepchildren.
P. All meetings of the Pardon and Parole Board shall comply
with Section 301 et seq. of Title 25 of the Oklahoma Statutes;
provided that the Board shall have the authority to limit the number
of persons attending in sup port of, or in opposition to, any inmate
being considered for parole and shall have the authority to exclude
persons from attendance in accordance with prison security
regulations and the capacity of the meeting room. Persons excluded
from attending the meeting under this provision shall be informed of
their right to be informed of the vote of the Board in accordance
with Section 312 of Title 25 of the Oklahoma Statutes. Provide d
further, nothing in this section shall be construed to prevent any
member of the press or any public official from attending any
meeting of the Pardon and Parole Board, except as provided by the
Oklahoma Open Meeting Act.
Q. All victim information maint ained by the Department of
Corrections and the Pardon and Parole Board shall be confidential
and shall not be released.
Req. No. 10505 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
R. When a commutation is granted or denied, the Secretary of
State shall give notice of that fact to the district attorney and
clerk of the court in the county where the sentence was originally
obtained within thirty (30) business days. Said notice may be given
by either first-class mail or email. Upon receipt of said notice,
the clerk of the court shall file the notice. The district a ttorney
shall confirm that the clerk of the court has filed said notice.
The notice shall include the following information:
1. The month and year in which the commutation was recommended
by the Pardon and Parole Board;
2. The decision of the Governor t o grant or deny commutation;
and
3. If commutation is granted, the new term o f sentence,
including conditions thereof, if any, for each charged count.
S. The district attorney in the district where the sentence was
originally obtained shall ensure that a ll victims or representatives
of the victim are given notice of the decision regarding
commutation.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10505 GRS 12/20/24