Oklahoma 2025 Regular Session

Oklahoma House Bill HB2422 Latest Draft

Bill / Amended Version Filed 04/15/2025

                             
 
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SENATE FLOOR VERSION 
April 14, 2025 
AS AMENDED 
 
ENGROSSED HOUSE 
BILL NO. 2422 	By: Fetgatter of the House 
 
  and 
 
  Gollihare of the Senate 
 
 
 
 
[ sex offenders - parole eligibility - treatment - 
conditions – testing – rules - immunity – parole - 
exception – codification - effective date ] 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 332.22 of Title 57, unless there 
is created a duplication in numbering, reads as follows: 
A.  For purposes of this section: 
1.  "Hormonal treatment" means the administration of 
medroxyprogesterone acetate; 
2.  "Mental health evaluation " means an examination performed by 
a licensed mental health profession al; and 
3.  "Sex offender" means any person over the age of twenty -one 
(21) years who has committed a crime involving physical touch 
against a minor under the age of thirteen (13) years that requires 
registration as a sex offender as provided in the Sex Of fenders 
Registration Act.   
 
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B.  1.  A sex offender who meets the criteria for parole 
eligibility as provided for in Section 332.21 of Title 57 of the 
Oklahoma Statutes and the following conditions: 
a. a mental health evaluation is performed on the sex 
offender to determine the likelihood th at the sex 
offender would commit subsequent offenses if released 
on parole.  If the mental health professional 
determines that hormonal treatment would inhibit the 
likelihood of subsequent offenses, the sex offender 
may elect to receive hormonal treatment as a condition 
of parole.  The decision to receive hormonal treatment 
shall be made voluntarily by the sex offender, 
b. a licensed physician shall administer the hormonal 
treatment to the sex offender six (6) weeks prior to 
release, and 
c. the sex offender shall continue to receive hormonal 
treatment while imprisoned in the custody of the 
Department of Corrections at an appropriate frequency 
as determined by a licensed physician. 
2.  Once a sex offender has met the condition s pursuant to 
paragraph 1 of this subsection, the sex offender shall continue to 
receive hormonal treatment at an appropriate frequency as determined 
by a licensed physician in order to remain eligible for parole   
 
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unless it is determined by a licensed physi cian that hormonal 
treatment is no longer necessary. 
3.  A sex offender who: 
a. does not continue hormonal treatment as a condition of 
parole, 
b. receives another treatment to reverse the effects of 
the hormonal treatment, or 
c. commits subsequent offenses , 
shall no longer remain eligible for parole and shall be subject to 
imprisonment in the custody of the Department of Corrections. 
4.  A sex offender who commits a subsequent sex offense, as such 
term is defined in Section 40 of Title 22 of the Oklahoma St atutes, 
shall no longer remain el igible for parole and shall be sentenced to 
imprisonment in the custody of the Department of Corrections for 
life without parole. The sex offender shall be subject to lab or 
blood testing at irregular intervals as determin ed by his or her 
parole officer. 
C.  The Department of Corrections shall promulgate rules to 
administer the provisions of this section. 
D.  A physician or mental health professional who acts in good 
faith in compliance with this section in the administrati on of 
treatment shall be immune f rom and not subject to civil or criminal 
liability.   
 
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E.  The provisions of this section shall only apply to sex 
offenders convicted on or after the effective date of this act. 
SECTION 2.     AMENDATORY     57 O.S. 2021, Section 332.21, is 
amended to read as follows: 
Section 332.21.  A.  The Pardon and Parole Board is empowered to 
parole a prisoner who: 
1.  Is sixty (60) years of age or older; 
2.  Has served, in actual custody, the shorter of ten (10) years 
of the term or terms of imprisonme nt, or one-third (1/3) of the 
total term or terms of imprisonment; 
3.  Poses minimal public safety risks warranting continued 
imprisonment; 
4.  Is not imprisoned for a crime enumerated in Section 13.1 of 
Title 21 of the Oklahoma Statutes or Section 571 of Title 57 of the 
Oklahoma Statutes; and 
5.  Has not been convicted of a crime that would require the 
person to be subject to the registration requirements of the Sex 
Offenders Registration Act. 
If the prisoner has been convi cted for a crime as provided for 
in paragraphs 4 and 5 of this subsection, the prisoner may be 
paroled pursuant to the provisions in Section 1 of this act. 
B.  The authority to grant parole under Section 332.2 of Title 
57 of the Oklahoma Statutes this title shall rest with the Pardon 
and Parole Board.   
 
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C.  The Pardon and Parole Board shall use an evidence -based 
risk-assessment instrument to assess the public safety risk posed by 
aging prisoners upon release. 
D.  Unless eligible for release at an earlier date , an aging 
prisoner who has been committed to the Department of Corrections for 
a term or terms of imprisonment shall have the ability to request a 
parole hearing before the Pardon and Parole Board if the prisoner 
has served, in actual custody, the shorter of: 
1.  Ten (10) years of the term or terms of actual imprisonment; 
or 
2.  One-third (1/3) of the total term or terms of imprisonment. 
E.  Once a prisoner requests a parole hearing under subsection A 
of this section, the Pardon and Parole Board may place the prisoner 
on the next availabl e docket. 
F.  The Pardon and Parole Board may grant parole to a prisoner 
if the Board finds by a preponderance of the evidence that the 
prisoner, if released, can live and remain at liberty without posing 
a substantial risk to public safety. 
G.  The Pardon and Parole Board may use the selected evidence -
based risk-assessment instrument to make the determination provided 
for in subsection F of this section. 
H.  The Pardon and Parole Board may provide the prisoner the 
opportunity to speak on his or her own beh alf and the option of 
having counsel present at the parole hearing.   
 
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I.  For purposes of this section: 
1.  "Aging prisoner" means any person imprisoned by the 
Department of Corrections who is sixty (60) years of age or older ; 
and 
2.  "Evidence-based" means programs or practices that have been 
scientifically tested in controlled studies and proven to be 
effective. 
SECTION 3.     AMENDATORY     57 O.S. 2021, Section 512, is 
amended to read as follows: 
Section 512.  Any inmate in a state penal institution the 
custody of the Department of Corrections who has been granted a 
parole shall be released from the institution upon the following 
conditions: 
1.  That he the inmate comply with specified requirements of the 
Division of Community Services of the Department of Corrections 
under the active supervision of a Probation and Parole Officer 
probation and parole officer .  Such active supervision shall be for 
a period not to exceed three (3) years, except as provided in 
paragraph 2 of this section .; and 
2.  That he the inmate be actively supervised by a Probation and 
Parole Officer probation and parole officer for an extended period 
not to exceed the expiration of the maximum term or terms for which 
he the inmate was sentenced if convicted of a sex offense or upon 
the determination by the Division of Community Services that the   
 
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best interests of the public and the parolee will be served by such 
an extended period of supervision. 
Provided, for the purposes of this section, the term "sex 
offense" shall not include a violation of paragraph 1 of subsection 
A of Section 1021 of Title 21 of the Oklahoma Statutes unless the 
conditions of parole are those provided for in Section 1 of this 
act. 
The Probation and Parole Officer probation and parole officer , 
upon information sufficient to give him or her reasonable grounds to 
believe that the parolee has violated the terms of and conditions of 
his parole, shall notify the Deputy Director of the Division of 
Community Services in accord ance with Section 516 of Title 57 of the 
Oklahoma Statutes this title. 
SECTION 4.  This act shall become effective November 1, 2025. 
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES 
April 14, 2025 - DO PASS AS AMENDED