OK
Oklahoma House Bill HB2422

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2422 Compare Versions

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29-SENATE FLOOR VERSION
30-April 14, 2025
31-AS AMENDED
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3328 ENGROSSED HOUSE
3429 BILL NO. 2422 By: Fetgatter of the House
3530
3631 and
3732
3833 Gollihare of the Senate
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4342 [ sex offenders - parole eligibility - treatment -
4443 conditions – testing – rules - immunity – parole -
4544 exception – codification - effective date ]
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4954 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5055 SECTION 1. NEW LAW A new section of law to be codified
5156 in the Oklahoma Statutes as Section 332.22 of Title 57, unless there
5257 is created a duplication in numbering, reads as follow s:
5358 A. For purposes of this section:
5459 1. "Hormonal treatment" means the administration of
5560 medroxyprogesterone acetate;
56-2. "Mental health evaluation " means an examination performed by
57-a licensed mental health profession al; and
58-3. "Sex offender" means any person over the age of twenty -one
59-(21) years who has committed a crime involving physical touch
60-against a minor under the age of thirteen (13) years that requires
61-registration as a sex offender as provided in the Sex Of fenders
62-Registration Act.
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87+2. "Mental health evaluation " means an examination performed by
88+a licensed mental health professional; and
89+3. "Sex offender" means any person over the age of twenty -one
90+(21) years who has committed a crime involving physical touch
91+against a minor under the age of thirteen (13) years that requires
92+registration as a sex offender as provided in the Sex Offenders
93+Registration Act.
9094 B. 1. A sex offender who meets the criteria for parole
9195 eligibility as provided for in Section 332.21 of Title 57 of the
9296 Oklahoma Statutes and the following conditions:
9397 a. a mental health evaluation is performed on the sex
9498 offender to determine the likelihood that t he sex
9599 offender would commit subsequent offenses if released
96100 on parole. If the mental health professional
97101 determines that hormonal treatment would inhibit the
98102 likelihood of subsequent offenses, the sex offender
99103 may elect to receive hormonal treatment as a condition
100104 of parole. The decision to receive hormonal treatment
101105 shall be made voluntarily by the sex offender,
102106 b. a licensed physician shall administer the hormonal
103107 treatment to the sex offender six (6) weeks prior to
104108 release, and
105109 c. the sex offender sha ll continue to receive hormonal
106110 treatment while imprisoned in the custody of the
107-Department of Corrections at an appropriate frequency
108-as determined by a licensed physician.
109-2. Once a sex offender has met the condition s pursuant to
110-paragraph 1 of this subsection, the sex offender shall continue to
111-receive hormonal treatment at an appropriate frequency as determined
112-by a licensed physician in order to remain eligible for parole
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137+Department of Corrections at an appropriate frequency
138+as determined by a licensed physician.
139+2. Once a sex offender has met the conditions pursuant to
140+paragraph 1 of this sub section, the sex offender shall continue to
141+receive hormonal treatment at an appropriate frequency as determined
142+by a licensed physician in order to remain eligible for parole
140143 unless it is determined by a licensed physician that hormonal
141144 treatment is no longer necessary.
142145 3. A sex offender who:
143146 a. does not continue hormonal treatment as a condition of
144147 parole,
145148 b. receives another treatment to reverse the effects of
146149 the hormonal treatment, or
147150 c. commits subsequent offenses,
148151 shall no longer remain eligible for parole and shall be subject to
149152 imprisonment in the custody of the Department of Corrections.
150153 4. A sex offender who commits a subsequent sex offense, as such
151154 term is defined in Section 40 of Title 22 of the Oklahoma Statutes,
152155 shall no longer remain eligib le for parole and shall be sentenced to
153156 imprisonment in the custody of the Department of Corrections for
154157 life without parole. The sex offender shall be subject to lab or
155158 blood testing at irregular intervals as determined by his or her
156159 parole officer.
157-C. The Department of Corrections shall promulgate rules to
158-administer the provisions of this section.
159-D. A physician or mental health professional who acts in good
160-faith in compliance with this section in the administrati on of
161-treatment shall be immune f rom and not subject to civil or criminal
162-liability.
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186+C. The Department of Corrections shall promulgate rules to
187+administer the provisions of this section.
188+D. A physician or mental health professional who acts in good
189+faith in compliance with this section in the administration of
190+treatment shall be immune from and not subject to civil or criminal
191+liability.
190192 E. The provisions of this section shall only apply to sex
191193 offenders convicted on or after the effective date of this act.
192194 SECTION 2. AMENDATORY 57 O.S. 2021, Section 332.21, is
193195 amended to read as follows:
194196 Section 332.21. A. The Pardon and Parole Board is empowered to
195197 parole a prisoner who:
196198 1. Is sixty (60) years of age or older;
197199 2. Has served, in actual custody, the shorter of ten (10) years
198200 of the term or terms of imprisonment, or one-third (1/3) of the
199201 total term or terms of imprisonment;
200202 3. Poses minimal public safety risks warranting continued
201203 imprisonment;
202204 4. Is not imprisoned for a crime enumerated in Section 13.1 of
203205 Title 21 of the Oklahoma Statutes or Section 571 of Titl e 57 of the
204206 Oklahoma Statutes; and
205207 5. Has not been convicted of a crime that would require the
206208 person to be subject to the registration requirements of the Sex
207209 Offenders Registration Act.
208-If the prisoner has been convi cted for a crime as provided for
209-in paragraphs 4 and 5 of this subsection, the prisoner may be
210-paroled pursuant to the provisions in Section 1 of this act.
211-B. The authority to grant parole under Section 332.2 of Title
212-57 of the Oklahoma Statutes this title shall rest with the Pardon
213-and Parole Board.
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236+If the prisoner has been convicted for a crime as provided for
237+in paragraphs 4 and 5 of this subsection, the prisoner may be
238+paroled pursuant to the provisions in Section 1 of this act.
239+B. The authority to grant parole under Section 332.2 of Title
240+57 of the Oklahoma Statutes this title shall rest with the Pardon
241+and Parole Board.
241242 C. The Pardon and Parole Board shall use an evidence -based
242243 risk-assessment instrument to assess the public safety risk posed by
243244 aging prisoners upon release.
244245 D. Unless eligible for release at an earlier date, an aging
245246 prisoner who has been comm itted to the Department of Corrections for
246247 a term or terms of imprisonment shall have the ability to request a
247248 parole hearing before the Pardon and Parole Board if the prisoner
248249 has served, in actual custody, the shorter of:
249250 1. Ten (10) years of the term o r terms of actual imprisonment;
250251 or
251252 2. One-third (1/3) of the total term or terms of imprisonment.
252253 E. Once a prisoner requests a parole hearing under subsection A
253254 of this section, the Pardon and Parole Board may place the prisoner
254255 on the next available do cket.
255256 F. The Pardon and Parole Board may grant parole to a prisoner
256257 if the Board finds by a preponderance of the evidence that the
257258 prisoner, if released, can live and remain at liberty without posing
258259 a substantial risk to public safety.
259-G. The Pardon and Parole Board may use the selected evidence -
260-based risk-assessment instrument to make the determination provided
261-for in subsection F of this section.
262-H. The Pardon and Parole Board may provide the prisoner the
263-opportunity to speak on his or her own beh alf and the option of
264-having counsel present at the parole hearing.
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286+G. The Pardon and Parole Board may use the selected evidence -
287+based risk-assessment instrument to make the determination provided
288+for in subsection F of this section.
289+H. The Pardon and Parole Board may provide the prisoner the
290+opportunity to speak on his or her own behalf and the option of
291+having counsel present at the parole hearing.
292292 I. For purposes of this section:
293293 1. "Aging prisoner" means any person imprisoned by the
294294 Department of Corrections who is sixty (60) years of age or older;
295295 and
296296 2. "Evidence-based" means programs or practices that have been
297297 scientifically tested in controlled studies and proven to be
298298 effective.
299299 SECTION 3. AMENDATORY 57 O.S. 2021, Section 512, is
300300 amended to read as follows:
301301 Section 512. Any inmate in a state penal institution the
302302 custody of the Department of Corrections who has been granted a
303303 parole shall be released from the institution upon the following
304304 conditions:
305305 1. That he the inmate comply with specified requirements of the
306306 Division of Community Services of the Department of Corrections
307307 under the active supervision of a Probation and Parole Officer
308308 probation and parole officer . Such active supervision shall be for
309-a period not to exceed three (3) years, except as provided in
310-paragraph 2 of this section .; and
311-2. That he the inmate be actively supervised by a Probation and
312-Parole Officer probation and parole officer for an extended period
313-not to exceed the expiration of the maximum term or terms for which
314-he the inmate was sentenced if convicted of a sex offense or upon
315-the determination by the Division of Community Services that the
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335+a period not to exceed three (3) years, except as provided in
336+paragraph 2 of this section .; and
337+2. That he the inmate be actively supervised by a Probation and
338+Parole Officer probation and parole officer for an extended period
339+not to exceed the expiration of the maximum term or terms for which
340+he the inmate was sentenced if convicted of a sex offense or upon
341+the determination by the Division of Community Services that the
343342 best interests of the public and the parolee will be served by such
344343 an extended period of supervision.
345344 Provided, for the purposes of this section, the term "sex
346345 offense" shall not include a violation of paragraph 1 of subsection
347346 A of Section 1021 of Title 21 of the Oklahoma Statutes unless the
348347 conditions of parole are those provided for in Section 1 of this
349348 act.
350349 The Probation and Parole Officer probation and parole officer ,
351350 upon information sufficient to give him or her reasonable grounds to
352351 believe that the parolee has violated the terms of and conditions of
353352 his parole, shall notify the Deputy Director of the Division of
354353 Community Services in accordance with Section 516 of Title 57 of the
355354 Oklahoma Statutes this title.
356355 SECTION 4. This act shall become effective November 1, 2025.
357-COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
358-April 14, 2025 - DO PASS AS AMENDED
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382+Passed the House of Representatives the 10th day of March, 2025.
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387+ Presiding Officer of the House
388+ of Representatives
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392+Passed the Senate the ___ day of __________, 2025.
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397+ Presiding Officer of the Senate