Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB690 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31-STATE OF OKLAHOMA
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33-1st Session of the 60th Legislature (2025)
3427
3528 ENGROSSED SENATE
3629 BILL NO. 690 By: Bergstrom of the Senate
3730
3831 and
3932
4033 Lepak of the House
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4538 An Act relating to prisons and reformatories;
4639 amending 57 O.S. 2021, Section 138, as amended by
4740 Section 11, Chapter 151, O.S.L. 2024 (57 O.S. Supp.
4841 2024, Section 138), which relates to earned credits;
4942 authorizing attainment of certain earned credits by
5043 certain inmates; establishing certain qualifications;
5144 stating criteria for certain form ; making language
5245 gender neutral; updating statutory language; and
5346 providing an effective date.
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5952 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6053 SECTION 1. AMENDATORY 57 O.S. 2021, Section 138, as
6154 amended by Section 11, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024,
6255 Section 138), is amended to read a s follows:
6356 Section 138. A. Except as otherwise provided by law, every
6457 inmate of a state correctional institution shall have their his or
6558 her term of imprisonment reduced monthly, based upon the class level
6659 to which they are assigned. Earned credits may be subtracted from
6760 the total credits accumulated by an inmate, upon recommendation of
61+the institution’s disciplinary committee, following due process, and
62+upon approval of the warden or superintendent. Each earned credit
63+is equivalent to one (1) day of in carceration. Lost credits may be
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95-the institution’s disciplinary committee, following due process, and
96-upon approval of the warden or superintendent. Each earned credit
97-is equivalent to one (1) day of incarceration. Lost credits may be
9890 restored by the warden or superintendent upon approval of the
9991 classification committee. If a maximum and minimum term of
10092 imprisonment is imposed, the provisions of this subsection shall
10193 apply only to the maximum term. No deductions shall be credited to
10294 any inmate serving a sentence of life imprisonment; however, a
10395 complete record of the inmate ’s participation in work, school,
10496 vocational training, or other approved program shall be maintained
10597 by the Department of Corrections for consideration by the paroling
10698 authority. No earned credit deductions shall be credited or
10799 recorded for any inmate serving any sentence for a criminal act
108100 which resulted in the death of a police officer, a law enforcement
109101 officer, an employee of the Department of Corrections, or an
110102 employee of a private prison contractor and the death occurred while
111103 the police officer, law enforcement officer, employee of the
112104 Department of Corrections, or employee of a private prison
113105 contractor was acting within the scope of their his or her
114106 employment. No earned credit deductions shall be credited or
115107 recorded for any person who is referred to an intermediate
116108 revocation facility for violating any of the terms and conditions of
117109 probation.
110+B. The Department of Correct ions is directed to develop a
111+written policy and procedure whereby inmates shall be assigned to
112+one of four class levels determined by an adjustment review
113+committee of the facility to which the inmate is assigned. The
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145-B. The Department of Correct ions is directed to develop a
146-written policy and procedure whereby inmates shall be assigned to
147-one of four class levels determined by an adjustment re view
148-committee of the facility to which the inmate is assigned. The
149140 policies and procedures developed by the Department shall include,
150141 but not be limited to, written guidelines pertaining to awarding
151142 credits for rehabilitation, obtaining job skills and educational
152143 enhancement, participation in and completion of alcohol/chemical
153144 abuse programs, incentives for inmates to accept work assignments
154145 and jobs, work attendance and productivity, conduct record,
155146 participation in programs, cooperative general behavior, and
156147 appearance. When assigning inmates to a class level, the adjustment
157148 review committee shall conside r all aspects of the policy and
158149 procedure developed by the Department including , but not limited to,
159150 the criteria for awarding credits required by this subsection.
160151 C. If an inmate is subject to misconduct, nonperformance , or
161152 disciplinary action, earned cr edits may be removed according to the
162153 policies and procedures developed by the Department. Earned credits
163154 removed for misconduct, nonperformance , or disciplinary action may
164155 be restored as provided by Department policy, if any.
165156 D. 1. Class levels shall b e as follows:
166157 a. Class level 1 shall include inmates not eligible to
167158 participate in class levels 2 through 4, and shall
159+include, but not be limited to, inmates on escape
160+status.
161+b. Class level 2 shall include an inmate who has been
162+given a work, education, or program assignment, has
163+received a good evaluation for participation in the
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195-include, but not be limited to, inmates on escape
196-status.
197-b. Class level 2 shall include an inmate who has been
198-given a work, education, or program assignment, has
199-received a good evaluation for participation in the
200190 work, education, or program assignment, and has
201191 received a good evaluation for personal hygiene and
202192 maintenance of living area.
203193 c. Class level 3 shall include an inmate who has been
204194 incarcerated at least three (3) months, has received
205195 an excellent work, education, or program evaluation,
206196 and has received an excellent evaluation for personal
207197 hygiene and maintenance of living area.
208198 d. Class level 4 shall include an inmate who has b een
209199 incarcerated at least eight (8) months, has received
210200 an outstanding work, education, or program evaluation,
211201 and has received an outstanding evaluation for
212202 personal hygiene and maintenance of living area.
213203 2. a. Until November 1, 2001, class level corres ponding
214204 credits are as follows:
215205 Class 1 - 0 Credits per month;
216206 Class 2 - 22 Credits per month;
217207 Class 3 - 33 Credits per month;
218208 Class 4 - 44 Credits per month.
209+b. Class level corresponding credits beginning November
210+1, 2001, for inmates who have ever been c onvicted as
211+an adult or a youthful offender or adjudicated
212+delinquent as a juvenile for a felony offense
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246-b. Class level corresponding credits beginning November
247-1, 2001, for inmates who have ever been c onvicted as
248-an adult or a youthful offender or adjudicated
249-delinquent as a juvenile for a felony offense
250239 enumerated in subsection E of this section are as
251240 follows:
252241 Class 1 - 0 Credits per month;
253242 Class 2 - 22 Credits per month;
254243 Class 3 - 33 Credits per month;
255244 Class 4 - 44 Credits per month.
256245 c. Class level corresponding credits beginning November
257246 1, 2001, for inmates who have never been convicted as
258247 an adult or a youthful offender or adjudicated
259248 delinquent as a juvenile for a felony offense
260249 enumerated in subsection E of this section are as
261250 follows:
262251 Class 1 – 0 Credits per month;
263252 Class 2 – 22 Credits per month;
264253 Class 3 – 45 Credits per month;
265254 Class 4 – 60 Credits per month.
266255 Each inmate shall receive the above specified monthly credits
267256 for the class to which he or she is assigned. In determining the
268257 prior criminal history of the inmate, the Department of Corrections
269258 shall review criminal history records available through the Oklahoma
259+State Bureau of Investigation, Federal Bureau of Investigation, and
260+National Crime Information Center to determine the reported felony
261+convictions of all inmates. The Department of Corrections shall
262+also review the Office of Juvenile Affairs Juvenile On-line Online
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297-State Bureau of Investigation, Federal Bureau of Investigation, and
298-National Crime Information Center to determine the reported felony
299-convictions of all inmates. The Department of Corrections shall
300-also review the Office of Juve nile Affairs Juvenile On-line Online
301289 Tracking System for inmates who were adjudicated delinquent or
302290 convicted as a youthful offender for a crime that would be an
303291 offense enumerated in subsection E of this section.
304292 3. In addition to the criteria established for each class in
305293 paragraph 1 of this subsection, the following requirements shall
306294 apply to each of lev els 2 through 4:
307295 a. satisfactory participation in the work, education, or
308296 program assignment at the standard required for the
309297 particular class level,
310298 b. maintenance of a clean and orderly living area and
311299 personal hygiene at the standard required for the
312300 particular class level,
313301 c. cooperative behavior toward facility staff and other
314302 inmates, and
315303 d. satisfactory participation in the requirements of the
316304 previous class level.
317305 4. The evaluation scale for assessing performance shall be as
318306 follows:
319307 a. Outstanding - For inmates who display consistently
320308 exceptional initiative, motivation, and work habits.
309+b. Excellent - For inmates who display above -average work
310+habits with only minor errors and rarely perform below
311+expectations.
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348-b. Excellent - For inmates who display above -average work
349-habits with only minor errors and rarely perform below
350-expectations.
351338 c. Good - For inmates who perform in a satisfactory
352339 manner and complete tasks as required, doing what is
353340 expected, with only occasional performance above or
354341 below expectations.
355342 d. Fair - For inmates who may perform satisfactorily for
356343 some periods of time, but whose performance is marked
357344 by obviously deficient and weak areas and could be
358345 improved.
359346 e. Poor - For inmates whose performance is unsatisfactory
360347 and falls below expected and acceptable standards.
361348 E. No person ever convicted as an adult or a youthful offender
362349 or adjudicated delinquent as a juvenile in this state for any felony
363350 offense enumerated in this subsection or a similar felony offense
364351 pursuant to the provisions of another state, the United States, or a
365352 military court shall be eligible for the credits provided by the
366353 provisions of subparagraph c of paragraph 2 of subsection D of this
367354 section. Such enumerated offenses include:
368355 1. Assault, battery, or assault and battery with a dangerous
369356 weapon as defined by Section 645, subsection C of Section 652 of
370357 Title 21, or Section 2-219 of Title 43A of the Oklahoma Statutes;
358+2. Aggravated assault and battery on a police officer, sheriff,
359+highway patrolman, or any other officer of the law as defined by
360+Section 650, subsection C of Section 650.2, Section 650.5,
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398-2. Aggravated assault and battery on a police officer, sheriff,
399-highway patrolman, or any other officer of the law as defined by
400-Section 650, subsection C of Section 650.2, Section 650.5,
401387 subsection B of Section 650.6, or subsection C of Section 650.7 of
402388 Title 21 of the Oklahoma Statutes;
403389 3. Poisoning with intent to kill as defined by Section 651 of
404390 Title 21 of the Oklahoma Statutes;
405391 4. Shooting with intent to kill as defined by Section 652 of
406392 Title 21 of the Oklahoma Statutes;
407393 5. Assault with intent to kill as defined by Section 653 of
408394 Title 21 of the Oklahoma Statutes;
409395 6. Assault with intent to commit a felony as defined by Section
410396 681 of Title 21 of the Oklahoma Statutes;
411397 7. Assaults while masked or disguised as d efined by Section
412398 1303 of Title 21 of the Oklahoma Statutes;
413399 8. Entering premises of another while masked as defined by
414400 Section 1302 of Title 21 of the Oklahoma Statutes;
415401 9. Murder in the first degree as defined by Section 701.7 of
416402 Title 21 of the Oklaho ma Statutes;
417403 10. Solicitation for Murder murder in the first degree as
418404 defined by Section 701.16 of Title 21 of the Oklahoma Statutes;
419405 11. Murder in the second degree as defined by Section 701.8 of
420406 Title 21 of the Oklahoma Statutes;
407+12. Manslaughter in the first degree as defined by Section 711
408+or 712 of Title 21 of the Oklahoma Statutes;
409+13. Manslaughter in the second degree as defined by Section 716
410+or 717 of Title 21 of the Oklahoma Statutes;
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448-12. Manslaughter in the first degree as defined by Section 711
449-or 712 of Title 21 of the Oklahoma Statutes;
450-13. Manslaughter in the second degree as defined by Section 71 6
451-or 717 of Title 21 of the Oklahoma Statutes;
452437 14. Kidnapping as defined by Section 741 of Title 21 of t he
453438 Oklahoma Statutes;
454439 15. Burglary in the first degree as defined by Section 1431 of
455440 Title 21 of the Oklahoma Statutes;
456441 16. Burglary with explosives as defined by Section 1441 of
457442 Title 21 of the Oklahoma Statutes;
458443 17. Kidnapping for extortion as defined by Section 745 of Title
459444 21 of the Oklahoma Statutes;
460445 18. Maiming as defined by Section 751 of Title 21 of the
461446 Oklahoma Statutes;
462447 19. Robbery as defined by Section 791 of Title 21 of the
463448 Oklahoma Statutes;
464449 20. Robbery in the first degree as defined by S ection 797 of
465450 Title 21 of the Oklahoma Statutes;
466451 21. Robbery in the second degree as defined by Section 797 of
467452 Title 21 of the Oklahoma Statutes;
468453 22. Armed robbery as defined by Section 801 of Title 21 of the
469454 Oklahoma Statutes;
470455 23. Robbery by two or mor e persons as defined by Section 800 of
471456 Title 21 of the Oklahoma Statutes;
457+24. Robbery with dangerous weapon or imitation firearm as
458+defined by Section 801 of Title 21 of the Oklahoma Statutes;
459+25. Any crime against a child provided for in Section 843.5 o f
460+Title 21 of the Oklahoma Statutes;
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499-24. Robbery with dangerous weapon or imitation firearm as
500-defined by Section 801 of Title 21 of the Oklahoma Statutes;
501-25. Any crime against a child provided for in Section 843.5 of
502-Title 21 of the Oklahoma Statutes;
503487 26. Wiring any equipment, or equipping any vehicle or structure
504488 with explosives as defined by Section 849 of Title 21 of the
505489 Oklahoma Statutes;
506490 27. Forcible sodomy as defined by Section 888 of Title 21 of
507491 the Oklahoma Statutes;
508492 28. Rape in the first degree as defined by Sections 1111 and
509493 1114 of Title 21 of the Oklahoma Statutes;
510494 29. Rape in the second degree as defined by Sections 1111 and
511495 1114 of Title 21 of the Oklahoma Statutes;
512496 30. Rape by instrumentation as de fined by Section 1111.1 of
513497 Title 21 of the Oklahoma Statutes;
514498 31. Lewd or indecent proposition or lewd or indecent act with a
515499 child as defined by Section 1123 of Title 21 of the Oklahoma
516500 Statutes;
517501 32. Sexual battery of a person over 16 as defined by Sect ion
518502 1123 of Title 21 of the Oklahoma Statutes;
519503 33. Use of a firearm or offensive weapon to commit or attempt
520504 to commit a felony as defined by Section 1287 of Title 21 of the
521505 Oklahoma Statutes;
506+34. Pointing firearms as defined by Section 1289.16 of Title 21
507+of the Oklahoma Statutes;
508+35. Rioting as defined by Section 1311 or 1321.8 of Title 21 of
509+the Oklahoma Statutes;
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549-34. Pointing firearms as defined by Section 1289.16 of Title 21
550-of the Oklahoma Statutes;
551-35. Rioting as defined by Section 1311 or 1321.8 of Title 21 of
552-the Oklahoma Statutes;
553536 36. Inciting to riot as defined by Section 1320.2 of Title 21
554537 of the Oklahoma Statutes;
555538 37. Arson in the first degree as defined by Secti on 1401 of
556539 Title 21 of the Oklahoma Statutes;
557540 38. Endangering human life during arson as defined by Section
558541 1405 of Title 21 of the Oklahoma Statutes;
559542 39. Injuring or burning public buildings as defined by Section
560543 349 of Title 21 of the Oklahoma Statutes ;
561544 40. Sabotage as defined by Section 1262, 1265.4 or 1265.5 of
562545 Title 21 of the Oklahoma Statutes;
563546 41. Extortion as defined by Section 1481 or 1486 of Title 21 of
564547 the Oklahoma Statutes;
565548 42. Obtaining signature by extortion as defined by Section 1485
566549 of Title 21 of the Oklahoma Statutes;
567550 43. Seizure of a bus, discharging firearm or hurling missile at
568551 bus as defined by Section 1903 of Title 21 of the Oklahoma Statutes;
569552 44. Mistreatment of a vulnerable adult as defined by Section
570553 843.1 of Title 21 of the O klahoma Statutes;
571554 45. Sex offender providing services to a child as defined by
572555 Section 404.1 of Title 10 of the Oklahoma Statutes;
556+46. A felony offense of domestic abuse as defined by subsection
557+C of Section 644 of Title 21 of the Oklahoma Statutes;
558+47. Prisoner placing body fluid on government employee as
559+defined by Section 650.9 of Title 21 of the Oklahoma Statutes;
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600-46. A felony offense of domestic abuse as defined by subsection
601-C of Section 644 of Title 21 of the Oklahoma Statutes;
602-47. Prisoner placing body fluid on government employee as
603-defined by Section 650.9 of Title 21 of the Oklahoma Statutes;
604586 48. Poisoning food or water supply as defined by Section 832 of
605587 Title 21 of the Oklahoma Statutes;
606588 49. Trafficking in children as define d by Section 866 of Title
607589 21 of the Oklahoma Statutes;
608590 50. Incest as defined by Section 885 of Title 21 of the
609591 Oklahoma Statutes;
610592 51. Procure, produce, distribute, or possess juvenile
611593 pornography child sexual abuse material as defined by Section 1021.2
612594 of Title 21 of the Oklahoma Statutes;
613595 52. Parental consent to juvenile pornography child sexual abuse
614596 material as defined by Section 1021.3 of Title 21 of the Oklahoma
615597 Statutes;
616598 53. Soliciting minor for indecent exposure as defined by
617599 Section 1021 of Titl e 21 of the Oklahoma Statutes;
618600 54. Distributing obscene material or child pornography sexual
619601 abuse material as defined by Section 1040.13 of Title 21 of the
620602 Oklahoma Statutes;
621603 55. Child sex trafficking as defined by Section 1030 of Title
622604 21 of the Oklahoma Statutes;
605+56. Procuring a minor for child sex trafficking or other lewd
606+acts as defined by Section 1087 of Title 21 of the Oklahoma
607+Statutes;
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650-56. Procuring a minor for child sex trafficking or other lewd
651-acts as defined by Section 1087 of Title 21 of the Oklahoma
652-Statutes;
653634 57. Transporting a child under eighteen (18) years of age for
654635 purposes of child sex trafficking as defined by Section 1087 of
655636 Title 21 of the Oklahoma Statutes;
656637 58. Inducing a minor to engage in child sex trafficking as
657638 defined by Section 1088 of Title 21 of the Oklahoma Statutes;
658639 59. A felony offense of stalking as defined by subsection D of
659640 Section 1173 of Title 21 of the Oklahoma Statutes;
660641 60. Spread of infectious diseases as defined by Section 1192 of
661642 Title 21 of the Oklahoma Statutes;
662643 61. Advocate overthrow of government by force, commit or
663644 attempt to commit acts to overthrow the government, organize or
664645 provide assistance to groups to overthrow the government as defined
665646 by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma
666647 Statutes;
667648 62. Feloniously discharging a firearm as defined by Section
668649 1289.17A of Title 21 of the Oklahoma Statutes;
669650 63. Possession, use, manufacture, or threat of incendiary
670651 device as defined by Section 1767.1 of Title 21 of the Oklahoma
671652 Statutes;
653+64. Causing a personal injury accident while driving under the
654+influence as defined by Section 11 -904 of Title 47 of the Oklahoma
655+Statutes; or
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699-64. Causing a personal inj ury accident while driving under the
700-influence as defined by Section 11 -904 of Title 47 of the Oklahoma
701-Statutes; or
702682 65. Using a motor vehicle to facilitate the discharge of a
703683 firearm as defined by Section 652 of Title 21 of the Oklahoma
704684 Statutes.
705685 F. The policy and procedure developed by the Department of
706686 Corrections shall include provisions for adjustment review
707687 committees of not less than three members for each such committee.
708688 Each committee shall consist of a classification team supervisor who
709689 shall act as chairman, the case manager for the inmate being
710690 reviewed or classified, a correctional officer or i nmate counselor,
711691 and not more than two other members, if deemed necessary, determined
712692 pursuant to policy and procedure to be appropriate for the specific
713693 adjustment review committee or committees to which they are
714694 assigned. At least once every four (4) mo nths the adjustment review
715695 committee for each inmate shall evaluate the class level status and
716696 performance of the inmate and determine whether or not the class
717697 level for the inmate should be changed.
718698 Any inmate who feels aggrieved by a decision made by an
719699 adjustment review committee may utilize normal grievance procedures
720700 in effect with the Department of Corrections and in effect at the
721701 facility in which the inmate is incarcerated.
702+G. Inmates granted medical leaves for treatment that cannot be
703+furnished at the penal institution where incarcerated shall be
704+allowed the time spent on medical leave as time served. Any inmate
705+placed into administrative segregation for nondisciplinary reasons
722706
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749-G. Inmates granted medical leaves for treatment that cannot be
750-furnished at the penal institution where incarcerated shall be
751-allowed the time spent on medical leave as time served. Any inmate
752-placed into administrative segre gation for nondisciplinary reasons
753732 by the institution’s administration may be placed in Class 2. The
754733 length of any jail term served by an inmate before being transported
755734 to a state correctional institution pursuant to a judgment and
756735 sentence of incarceration shall be deducted from the term of
757736 imprisonment at the state correctional institution. Inmates
758737 sentenced to the Department of Corrections and detained in a county
759738 jail as a result of the Department ’s reception scheduling procedure
760739 shall be awarded earned credits as provided for in subparagraph b of
761740 paragraph 1 of subsection D of this section, beginning o n the date
762741 of the judgment and sentence, unless the inmate is convicted of a
763742 misdemeanor or felony committed in the jail while the inmate is
764743 awaiting transport to the Lexington Assessment and Reception Center
765744 or other assessment and reception location dete rmined by the
766745 Director of the Department of Corrections.
767746 H. Additional achievement earned credits for successful
768747 completion of departmentally approved programs or for attaining
769748 goals or standards set by the Department shall be awarded as
770749 follows:
771750 Bachelor’s degree...................... 200 credits;
772751 Associate’s degree..................... 100 credits;
752+High School Diploma or High School
753+Equivalency Diploma...................90 credits;
754+Certification of Completion of
755+Vocational Training...................80 credits;
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800-High School Diploma or High School
801-Equivalency Diploma...................90 credits;
802-Certification of Completion o f
803-Vocational Training...................80 credits;
804782 Successful completion of
805783 Alcohol/Chemical Abuse Treatment
806784 Program of not less than four (4)
807785 months continuous participation .......70 credits;
808786 Successful completion of other
809787 Educational Accomplishments or
810788 other programs not specified in
811789 this subsection.................... 10-30 credits;
812790 Achievement earned credits are subject to loss and restoration in
813791 the same manner as earned credits. Achievement earned credits for a
814792 high school diploma or high school equivalency diploma may be
815793 attained by an inmate who completes such a program during continuous
816794 custody in a county jail while awaiting trial, sentencin g, or
817795 transfer to the custody of the Department of Corrections. To
818796 qualify, an inmate must have been detained in connection with the
819797 case that resulted in his or her prison sentence and there must have
820798 been continuous custody in a county jail for program completion and
821799 transfer to the Department. Upon sentencing and transfer to the
822800 Department, the inmate shall receive achievement earned credits in
823801 the amount specified in this subsection, provided the county jail
802+documents completion of the program, includ ing the date of
803+certification earned, on the official jail sentence form. The
804+official jail sentence form shall accompany the inmate upon transfer
805+to the Department.
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851-documents completion of the program, includ ing the date of
852-certification earned, on the official jail sentence form. The
853-official jail sentence form shall accompany the inmate upon transfer
854-to the Department.
855832 I. The accumulated time of every inmate shall be tallied
856833 monthly and maintained by the i nstitution where the term of
857834 imprisonment is being served. A record of said such accumulated
858835 time shall be:
859836 1. Sent to the administrative office of the Department of
860837 Corrections on a quarterly basis; and
861838 2. Provided to the inmate.
862839 SECTION 2. This act shall become effective November 1, 2025.
840+Passed the Senate the 24th day of March, 2025.
863841
864-COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY , dated
865-04/17/2025 – DO PASS.
842+
843+
844+ Presiding Officer of the Senate
845+
846+
847+Passed the House of Representatives the ____ day of __________,
848+2025.
849+
850+
851+
852+ Presiding Officer of the House
853+ of Representatives
854+