34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 690 By: Bergstrom of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Lepak of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to prisons and reformatories; |
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46 | 39 | | amending 57 O.S. 2021, Section 138, as amended by |
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47 | 40 | | Section 11, Chapter 151, O.S.L. 2024 (57 O.S. Supp. |
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48 | 41 | | 2024, Section 138), which relates to earned credits; |
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49 | 42 | | authorizing attainment of certain earned credits by |
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50 | 43 | | certain inmates; establishing certain qualifications; |
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51 | 44 | | stating criteria for certain form ; making language |
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52 | 45 | | gender neutral; updating statutory language; and |
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53 | 46 | | providing an effective date. |
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54 | 47 | | |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | |
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58 | 51 | | |
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59 | 52 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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60 | 53 | | SECTION 1. AMENDATORY 57 O.S. 2021, Section 138, as |
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61 | 54 | | amended by Section 11, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024, |
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62 | 55 | | Section 138), is amended to read a s follows: |
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63 | 56 | | Section 138. A. Except as otherwise provided by law, every |
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64 | 57 | | inmate of a state correctional institution shall have their his or |
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65 | 58 | | her term of imprisonment reduced monthly, based upon the class level |
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66 | 59 | | to which they are assigned. Earned credits may be subtracted from |
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67 | 60 | | the total credits accumulated by an inmate, upon recommendation of |
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98 | 90 | | restored by the warden or superintendent upon approval of the |
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99 | 91 | | classification committee. If a maximum and minimum term of |
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100 | 92 | | imprisonment is imposed, the provisions of this subsection shall |
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101 | 93 | | apply only to the maximum term. No deductions shall be credited to |
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102 | 94 | | any inmate serving a sentence of life imprisonment; however, a |
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103 | 95 | | complete record of the inmate ’s participation in work, school, |
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104 | 96 | | vocational training, or other approved program shall be maintained |
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105 | 97 | | by the Department of Corrections for consideration by the paroling |
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106 | 98 | | authority. No earned credit deductions shall be credited or |
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107 | 99 | | recorded for any inmate serving any sentence for a criminal act |
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108 | 100 | | which resulted in the death of a police officer, a law enforcement |
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109 | 101 | | officer, an employee of the Department of Corrections, or an |
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110 | 102 | | employee of a private prison contractor and the death occurred while |
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111 | 103 | | the police officer, law enforcement officer, employee of the |
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112 | 104 | | Department of Corrections, or employee of a private prison |
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113 | 105 | | contractor was acting within the scope of their his or her |
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114 | 106 | | employment. No earned credit deductions shall be credited or |
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115 | 107 | | recorded for any person who is referred to an intermediate |
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116 | 108 | | revocation facility for violating any of the terms and conditions of |
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117 | 109 | | probation. |
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149 | 140 | | policies and procedures developed by the Department shall include, |
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150 | 141 | | but not be limited to, written guidelines pertaining to awarding |
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151 | 142 | | credits for rehabilitation, obtaining job skills and educational |
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152 | 143 | | enhancement, participation in and completion of alcohol/chemical |
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153 | 144 | | abuse programs, incentives for inmates to accept work assignments |
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154 | 145 | | and jobs, work attendance and productivity, conduct record, |
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155 | 146 | | participation in programs, cooperative general behavior, and |
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156 | 147 | | appearance. When assigning inmates to a class level, the adjustment |
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157 | 148 | | review committee shall conside r all aspects of the policy and |
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158 | 149 | | procedure developed by the Department including , but not limited to, |
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159 | 150 | | the criteria for awarding credits required by this subsection. |
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160 | 151 | | C. If an inmate is subject to misconduct, nonperformance , or |
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161 | 152 | | disciplinary action, earned cr edits may be removed according to the |
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162 | 153 | | policies and procedures developed by the Department. Earned credits |
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163 | 154 | | removed for misconduct, nonperformance , or disciplinary action may |
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164 | 155 | | be restored as provided by Department policy, if any. |
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165 | 156 | | D. 1. Class levels shall b e as follows: |
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166 | 157 | | a. Class level 1 shall include inmates not eligible to |
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167 | 158 | | participate in class levels 2 through 4, and shall |
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200 | 190 | | work, education, or program assignment, and has |
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201 | 191 | | received a good evaluation for personal hygiene and |
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202 | 192 | | maintenance of living area. |
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203 | 193 | | c. Class level 3 shall include an inmate who has been |
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204 | 194 | | incarcerated at least three (3) months, has received |
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205 | 195 | | an excellent work, education, or program evaluation, |
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206 | 196 | | and has received an excellent evaluation for personal |
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207 | 197 | | hygiene and maintenance of living area. |
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208 | 198 | | d. Class level 4 shall include an inmate who has b een |
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209 | 199 | | incarcerated at least eight (8) months, has received |
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210 | 200 | | an outstanding work, education, or program evaluation, |
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211 | 201 | | and has received an outstanding evaluation for |
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212 | 202 | | personal hygiene and maintenance of living area. |
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213 | 203 | | 2. a. Until November 1, 2001, class level corres ponding |
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214 | 204 | | credits are as follows: |
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215 | 205 | | Class 1 - 0 Credits per month; |
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216 | 206 | | Class 2 - 22 Credits per month; |
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217 | 207 | | Class 3 - 33 Credits per month; |
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218 | 208 | | Class 4 - 44 Credits per month. |
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250 | 239 | | enumerated in subsection E of this section are as |
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251 | 240 | | follows: |
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252 | 241 | | Class 1 - 0 Credits per month; |
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253 | 242 | | Class 2 - 22 Credits per month; |
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254 | 243 | | Class 3 - 33 Credits per month; |
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255 | 244 | | Class 4 - 44 Credits per month. |
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256 | 245 | | c. Class level corresponding credits beginning November |
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257 | 246 | | 1, 2001, for inmates who have never been convicted as |
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258 | 247 | | an adult or a youthful offender or adjudicated |
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259 | 248 | | delinquent as a juvenile for a felony offense |
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260 | 249 | | enumerated in subsection E of this section are as |
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261 | 250 | | follows: |
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262 | 251 | | Class 1 – 0 Credits per month; |
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263 | 252 | | Class 2 – 22 Credits per month; |
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264 | 253 | | Class 3 – 45 Credits per month; |
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265 | 254 | | Class 4 – 60 Credits per month. |
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266 | 255 | | Each inmate shall receive the above specified monthly credits |
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267 | 256 | | for the class to which he or she is assigned. In determining the |
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268 | 257 | | prior criminal history of the inmate, the Department of Corrections |
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269 | 258 | | shall review criminal history records available through the Oklahoma |
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301 | 289 | | Tracking System for inmates who were adjudicated delinquent or |
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302 | 290 | | convicted as a youthful offender for a crime that would be an |
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303 | 291 | | offense enumerated in subsection E of this section. |
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304 | 292 | | 3. In addition to the criteria established for each class in |
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305 | 293 | | paragraph 1 of this subsection, the following requirements shall |
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306 | 294 | | apply to each of lev els 2 through 4: |
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307 | 295 | | a. satisfactory participation in the work, education, or |
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308 | 296 | | program assignment at the standard required for the |
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309 | 297 | | particular class level, |
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310 | 298 | | b. maintenance of a clean and orderly living area and |
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311 | 299 | | personal hygiene at the standard required for the |
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312 | 300 | | particular class level, |
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313 | 301 | | c. cooperative behavior toward facility staff and other |
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314 | 302 | | inmates, and |
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315 | 303 | | d. satisfactory participation in the requirements of the |
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316 | 304 | | previous class level. |
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317 | 305 | | 4. The evaluation scale for assessing performance shall be as |
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318 | 306 | | follows: |
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319 | 307 | | a. Outstanding - For inmates who display consistently |
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320 | 308 | | exceptional initiative, motivation, and work habits. |
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351 | 338 | | c. Good - For inmates who perform in a satisfactory |
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352 | 339 | | manner and complete tasks as required, doing what is |
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353 | 340 | | expected, with only occasional performance above or |
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354 | 341 | | below expectations. |
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355 | 342 | | d. Fair - For inmates who may perform satisfactorily for |
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356 | 343 | | some periods of time, but whose performance is marked |
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357 | 344 | | by obviously deficient and weak areas and could be |
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358 | 345 | | improved. |
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359 | 346 | | e. Poor - For inmates whose performance is unsatisfactory |
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360 | 347 | | and falls below expected and acceptable standards. |
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361 | 348 | | E. No person ever convicted as an adult or a youthful offender |
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362 | 349 | | or adjudicated delinquent as a juvenile in this state for any felony |
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363 | 350 | | offense enumerated in this subsection or a similar felony offense |
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364 | 351 | | pursuant to the provisions of another state, the United States, or a |
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365 | 352 | | military court shall be eligible for the credits provided by the |
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366 | 353 | | provisions of subparagraph c of paragraph 2 of subsection D of this |
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367 | 354 | | section. Such enumerated offenses include: |
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368 | 355 | | 1. Assault, battery, or assault and battery with a dangerous |
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369 | 356 | | weapon as defined by Section 645, subsection C of Section 652 of |
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370 | 357 | | Title 21, or Section 2-219 of Title 43A of the Oklahoma Statutes; |
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401 | 387 | | subsection B of Section 650.6, or subsection C of Section 650.7 of |
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402 | 388 | | Title 21 of the Oklahoma Statutes; |
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403 | 389 | | 3. Poisoning with intent to kill as defined by Section 651 of |
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404 | 390 | | Title 21 of the Oklahoma Statutes; |
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405 | 391 | | 4. Shooting with intent to kill as defined by Section 652 of |
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406 | 392 | | Title 21 of the Oklahoma Statutes; |
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407 | 393 | | 5. Assault with intent to kill as defined by Section 653 of |
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408 | 394 | | Title 21 of the Oklahoma Statutes; |
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409 | 395 | | 6. Assault with intent to commit a felony as defined by Section |
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410 | 396 | | 681 of Title 21 of the Oklahoma Statutes; |
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411 | 397 | | 7. Assaults while masked or disguised as d efined by Section |
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412 | 398 | | 1303 of Title 21 of the Oklahoma Statutes; |
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413 | 399 | | 8. Entering premises of another while masked as defined by |
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414 | 400 | | Section 1302 of Title 21 of the Oklahoma Statutes; |
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415 | 401 | | 9. Murder in the first degree as defined by Section 701.7 of |
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416 | 402 | | Title 21 of the Oklaho ma Statutes; |
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417 | 403 | | 10. Solicitation for Murder murder in the first degree as |
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418 | 404 | | defined by Section 701.16 of Title 21 of the Oklahoma Statutes; |
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419 | 405 | | 11. Murder in the second degree as defined by Section 701.8 of |
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420 | 406 | | Title 21 of the Oklahoma Statutes; |
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452 | 437 | | 14. Kidnapping as defined by Section 741 of Title 21 of t he |
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453 | 438 | | Oklahoma Statutes; |
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454 | 439 | | 15. Burglary in the first degree as defined by Section 1431 of |
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455 | 440 | | Title 21 of the Oklahoma Statutes; |
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456 | 441 | | 16. Burglary with explosives as defined by Section 1441 of |
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457 | 442 | | Title 21 of the Oklahoma Statutes; |
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458 | 443 | | 17. Kidnapping for extortion as defined by Section 745 of Title |
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459 | 444 | | 21 of the Oklahoma Statutes; |
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460 | 445 | | 18. Maiming as defined by Section 751 of Title 21 of the |
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461 | 446 | | Oklahoma Statutes; |
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462 | 447 | | 19. Robbery as defined by Section 791 of Title 21 of the |
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463 | 448 | | Oklahoma Statutes; |
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464 | 449 | | 20. Robbery in the first degree as defined by S ection 797 of |
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465 | 450 | | Title 21 of the Oklahoma Statutes; |
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466 | 451 | | 21. Robbery in the second degree as defined by Section 797 of |
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467 | 452 | | Title 21 of the Oklahoma Statutes; |
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468 | 453 | | 22. Armed robbery as defined by Section 801 of Title 21 of the |
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469 | 454 | | Oklahoma Statutes; |
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470 | 455 | | 23. Robbery by two or mor e persons as defined by Section 800 of |
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471 | 456 | | Title 21 of the Oklahoma Statutes; |
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503 | 487 | | 26. Wiring any equipment, or equipping any vehicle or structure |
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504 | 488 | | with explosives as defined by Section 849 of Title 21 of the |
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505 | 489 | | Oklahoma Statutes; |
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506 | 490 | | 27. Forcible sodomy as defined by Section 888 of Title 21 of |
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507 | 491 | | the Oklahoma Statutes; |
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508 | 492 | | 28. Rape in the first degree as defined by Sections 1111 and |
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509 | 493 | | 1114 of Title 21 of the Oklahoma Statutes; |
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510 | 494 | | 29. Rape in the second degree as defined by Sections 1111 and |
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511 | 495 | | 1114 of Title 21 of the Oklahoma Statutes; |
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512 | 496 | | 30. Rape by instrumentation as de fined by Section 1111.1 of |
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513 | 497 | | Title 21 of the Oklahoma Statutes; |
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514 | 498 | | 31. Lewd or indecent proposition or lewd or indecent act with a |
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515 | 499 | | child as defined by Section 1123 of Title 21 of the Oklahoma |
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516 | 500 | | Statutes; |
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517 | 501 | | 32. Sexual battery of a person over 16 as defined by Sect ion |
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518 | 502 | | 1123 of Title 21 of the Oklahoma Statutes; |
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519 | 503 | | 33. Use of a firearm or offensive weapon to commit or attempt |
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520 | 504 | | to commit a felony as defined by Section 1287 of Title 21 of the |
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521 | 505 | | Oklahoma Statutes; |
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553 | 536 | | 36. Inciting to riot as defined by Section 1320.2 of Title 21 |
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554 | 537 | | of the Oklahoma Statutes; |
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555 | 538 | | 37. Arson in the first degree as defined by Secti on 1401 of |
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556 | 539 | | Title 21 of the Oklahoma Statutes; |
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557 | 540 | | 38. Endangering human life during arson as defined by Section |
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558 | 541 | | 1405 of Title 21 of the Oklahoma Statutes; |
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559 | 542 | | 39. Injuring or burning public buildings as defined by Section |
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560 | 543 | | 349 of Title 21 of the Oklahoma Statutes ; |
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561 | 544 | | 40. Sabotage as defined by Section 1262, 1265.4 or 1265.5 of |
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562 | 545 | | Title 21 of the Oklahoma Statutes; |
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563 | 546 | | 41. Extortion as defined by Section 1481 or 1486 of Title 21 of |
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564 | 547 | | the Oklahoma Statutes; |
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565 | 548 | | 42. Obtaining signature by extortion as defined by Section 1485 |
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566 | 549 | | of Title 21 of the Oklahoma Statutes; |
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567 | 550 | | 43. Seizure of a bus, discharging firearm or hurling missile at |
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568 | 551 | | bus as defined by Section 1903 of Title 21 of the Oklahoma Statutes; |
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569 | 552 | | 44. Mistreatment of a vulnerable adult as defined by Section |
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570 | 553 | | 843.1 of Title 21 of the O klahoma Statutes; |
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571 | 554 | | 45. Sex offender providing services to a child as defined by |
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572 | 555 | | Section 404.1 of Title 10 of the Oklahoma Statutes; |
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604 | 586 | | 48. Poisoning food or water supply as defined by Section 832 of |
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605 | 587 | | Title 21 of the Oklahoma Statutes; |
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606 | 588 | | 49. Trafficking in children as define d by Section 866 of Title |
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607 | 589 | | 21 of the Oklahoma Statutes; |
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608 | 590 | | 50. Incest as defined by Section 885 of Title 21 of the |
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609 | 591 | | Oklahoma Statutes; |
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610 | 592 | | 51. Procure, produce, distribute, or possess juvenile |
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611 | 593 | | pornography child sexual abuse material as defined by Section 1021.2 |
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612 | 594 | | of Title 21 of the Oklahoma Statutes; |
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613 | 595 | | 52. Parental consent to juvenile pornography child sexual abuse |
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614 | 596 | | material as defined by Section 1021.3 of Title 21 of the Oklahoma |
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615 | 597 | | Statutes; |
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616 | 598 | | 53. Soliciting minor for indecent exposure as defined by |
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617 | 599 | | Section 1021 of Titl e 21 of the Oklahoma Statutes; |
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618 | 600 | | 54. Distributing obscene material or child pornography sexual |
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619 | 601 | | abuse material as defined by Section 1040.13 of Title 21 of the |
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620 | 602 | | Oklahoma Statutes; |
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621 | 603 | | 55. Child sex trafficking as defined by Section 1030 of Title |
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622 | 604 | | 21 of the Oklahoma Statutes; |
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653 | 634 | | 57. Transporting a child under eighteen (18) years of age for |
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654 | 635 | | purposes of child sex trafficking as defined by Section 1087 of |
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655 | 636 | | Title 21 of the Oklahoma Statutes; |
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656 | 637 | | 58. Inducing a minor to engage in child sex trafficking as |
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657 | 638 | | defined by Section 1088 of Title 21 of the Oklahoma Statutes; |
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658 | 639 | | 59. A felony offense of stalking as defined by subsection D of |
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659 | 640 | | Section 1173 of Title 21 of the Oklahoma Statutes; |
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660 | 641 | | 60. Spread of infectious diseases as defined by Section 1192 of |
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661 | 642 | | Title 21 of the Oklahoma Statutes; |
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662 | 643 | | 61. Advocate overthrow of government by force, commit or |
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663 | 644 | | attempt to commit acts to overthrow the government, organize or |
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664 | 645 | | provide assistance to groups to overthrow the government as defined |
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665 | 646 | | by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma |
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666 | 647 | | Statutes; |
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667 | 648 | | 62. Feloniously discharging a firearm as defined by Section |
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668 | 649 | | 1289.17A of Title 21 of the Oklahoma Statutes; |
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669 | 650 | | 63. Possession, use, manufacture, or threat of incendiary |
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670 | 651 | | device as defined by Section 1767.1 of Title 21 of the Oklahoma |
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671 | 652 | | Statutes; |
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702 | 682 | | 65. Using a motor vehicle to facilitate the discharge of a |
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703 | 683 | | firearm as defined by Section 652 of Title 21 of the Oklahoma |
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704 | 684 | | Statutes. |
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705 | 685 | | F. The policy and procedure developed by the Department of |
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706 | 686 | | Corrections shall include provisions for adjustment review |
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707 | 687 | | committees of not less than three members for each such committee. |
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708 | 688 | | Each committee shall consist of a classification team supervisor who |
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709 | 689 | | shall act as chairman, the case manager for the inmate being |
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710 | 690 | | reviewed or classified, a correctional officer or i nmate counselor, |
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711 | 691 | | and not more than two other members, if deemed necessary, determined |
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712 | 692 | | pursuant to policy and procedure to be appropriate for the specific |
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713 | 693 | | adjustment review committee or committees to which they are |
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714 | 694 | | assigned. At least once every four (4) mo nths the adjustment review |
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715 | 695 | | committee for each inmate shall evaluate the class level status and |
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716 | 696 | | performance of the inmate and determine whether or not the class |
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717 | 697 | | level for the inmate should be changed. |
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718 | 698 | | Any inmate who feels aggrieved by a decision made by an |
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719 | 699 | | adjustment review committee may utilize normal grievance procedures |
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720 | 700 | | in effect with the Department of Corrections and in effect at the |
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721 | 701 | | facility in which the inmate is incarcerated. |
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753 | 732 | | by the institution’s administration may be placed in Class 2. The |
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754 | 733 | | length of any jail term served by an inmate before being transported |
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755 | 734 | | to a state correctional institution pursuant to a judgment and |
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756 | 735 | | sentence of incarceration shall be deducted from the term of |
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757 | 736 | | imprisonment at the state correctional institution. Inmates |
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758 | 737 | | sentenced to the Department of Corrections and detained in a county |
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759 | 738 | | jail as a result of the Department ’s reception scheduling procedure |
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760 | 739 | | shall be awarded earned credits as provided for in subparagraph b of |
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761 | 740 | | paragraph 1 of subsection D of this section, beginning o n the date |
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762 | 741 | | of the judgment and sentence, unless the inmate is convicted of a |
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763 | 742 | | misdemeanor or felony committed in the jail while the inmate is |
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764 | 743 | | awaiting transport to the Lexington Assessment and Reception Center |
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765 | 744 | | or other assessment and reception location dete rmined by the |
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766 | 745 | | Director of the Department of Corrections. |
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767 | 746 | | H. Additional achievement earned credits for successful |
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768 | 747 | | completion of departmentally approved programs or for attaining |
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769 | 748 | | goals or standards set by the Department shall be awarded as |
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770 | 749 | | follows: |
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771 | 750 | | Bachelor’s degree...................... 200 credits; |
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772 | 751 | | Associate’s degree..................... 100 credits; |
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804 | 782 | | Successful completion of |
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805 | 783 | | Alcohol/Chemical Abuse Treatment |
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806 | 784 | | Program of not less than four (4) |
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807 | 785 | | months continuous participation .......70 credits; |
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808 | 786 | | Successful completion of other |
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809 | 787 | | Educational Accomplishments or |
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810 | 788 | | other programs not specified in |
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811 | 789 | | this subsection.................... 10-30 credits; |
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812 | 790 | | Achievement earned credits are subject to loss and restoration in |
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813 | 791 | | the same manner as earned credits. Achievement earned credits for a |
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814 | 792 | | high school diploma or high school equivalency diploma may be |
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815 | 793 | | attained by an inmate who completes such a program during continuous |
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816 | 794 | | custody in a county jail while awaiting trial, sentencin g, or |
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817 | 795 | | transfer to the custody of the Department of Corrections. To |
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818 | 796 | | qualify, an inmate must have been detained in connection with the |
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819 | 797 | | case that resulted in his or her prison sentence and there must have |
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820 | 798 | | been continuous custody in a county jail for program completion and |
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821 | 799 | | transfer to the Department. Upon sentencing and transfer to the |
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822 | 800 | | Department, the inmate shall receive achievement earned credits in |
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823 | 801 | | the amount specified in this subsection, provided the county jail |
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