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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
ENGROSSED SENATE
BILL NO. 690 By: Bergstrom of the Senate
and
Lepak of the House
An Act relating to prisons and reformatories;
amending 57 O.S. 2021, Section 138, as amended by
Section 11, Chapter 151, O.S.L. 2024 (57 O.S. Supp.
2024, Section 138), which relates to earned credits;
authorizing attainment of certain earned credits by
certain inmates; establishing certain qualifications;
stating criteria for certain form ; making language
gender neutral; updating statutory language; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2021, Section 138, a s
amended by Section 11, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 138), is amended to read as follows:
Section 138. A. Except as otherwise provided by law, every
inmate of a state correctional institution shall have their his or
her term of imprisonment reduced monthly, based upon the class level
to which they are assigned. Earned credits may be subtracted from
the total credits accumulated by an inmate, upon recommendation of
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the institution’s disciplinary committee, following due process, and
upon approval of the warden or superintendent. Each earned credit
is equivalent to one (1) day of incarceration. Lost credits may be
restored by the warden or superintendent upon approval of the
classification committee. If a maximum and minimum ter m of
imprisonment is imposed, the provisions of this subsection shall
apply only to the maximum term. No deductions shall be credited to
any inmate serving a sentence of life imprisonment; however, a
complete record of the inmate ’s participation in work, school,
vocational training, or other approved program shall be maintained
by the Department of Corrections for consideration by the paroling
authority. No earned credit deductions shall be credited or
recorded for any inmate serving any sentence for a cr iminal act
which resulted in the death of a police officer, a law enforcement
officer, an employee of the Department of Corrections, or an
employee of a private prison contractor and the death occurred while
the police officer, law enforcement officer, emp loyee of the
Department of Corrections, or employee of a private prison
contractor was acting within the scope of their his or her
employment. No earned credit deductions shall be credited or
recorded for any person who is referred to an intermediate
revocation facility for violating any of the terms and conditions of
probation.
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B. The Department of Correct ions is directed to develop a
written policy and procedure whereby inmates shall be assigned to
one of four class levels determined by an adjustment re view
committee of the facility to which the inmate is assigned. The
policies and procedures developed by the Department shall include,
but not be limited to, written guidelines pertaining to awarding
credits for rehabilitation, obtaining job skills and ed ucational
enhancement, participation in and completion of alcohol/chemical
abuse programs, incentives for inmates to accept work assignments
and jobs, work attendance and productivity, conduct record,
participation in programs, cooperative general behavior , and
appearance. When assigning inmates to a class level, the adjustment
review committee shall consider all aspects of the policy and
procedure developed by the Department including , but not limited to,
the criteria for awarding credits required by this subsection.
C. If an inmate is subject to misconduct, nonperformance , or
disciplinary action, earned cr edits may be removed according to the
policies and procedures developed by the Department. Earned credits
removed for misconduct, nonperformance , or disciplinary action may
be restored as provided by Department policy, if any.
D. 1. Class levels shall be as follows:
a. Class level 1 shall include inmates not eligible to
participate in class levels 2 through 4, and shall
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include, but not be limited to, inmates on escape
status.
b. Class level 2 shall include an inmate who has been
given a work, education, or program assignment, has
received a good evaluation for participation in the
work, education, or program assignment, and has
received a good evaluat ion for personal hygiene and
maintenance of living area.
c. Class level 3 shall include an inmate who has been
incarcerated at least three (3) months, has received
an excellent work, education, or program evaluation,
and has received an excellent evaluatio n for personal
hygiene and maintenance of living area.
d. Class level 4 shall include an inmate who has b een
incarcerated at least eight (8) months, has received
an outstanding work, education, or program evaluation,
and has received an outstanding evaluat ion for
personal hygiene and maintenance of living area.
2. a. Until November 1, 2001, class level corresponding
credits are as follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
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b. Class level corresponding credits beginning November
1, 2001, for inmates who have ever been c onvicted as
an adult or a youthful offender or adjudicated
delinquent as a juvenile for a felony offense
enumerated in subsection E of this section are as
follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
c. Class level corresponding credits beginning November
1, 2001, for inmates who have never been convicted as
an adult or a youthful offender or adjudicated
delinquent as a juvenile for a felony offense
enumerated in subsection E of this section are as
follows:
Class 1 – 0 Credits per month;
Class 2 – 22 Credits per month;
Class 3 – 45 Credits per month;
Class 4 – 60 Credits per month.
Each inmate shall receive the above specified monthly credits
for the class to which he or she is assigned. In determining the
prior criminal history of the inmate, the Department of Corrections
shall review criminal history records avail able through the Oklahoma
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State Bureau of Investigation, Federal Bureau of Investigation, and
National Crime Information Center to determine the reported felony
convictions of all inmates. The Department of Corrections shall
also review the Office of Juve nile Affairs Juvenile On-line Online
Tracking System for inmates who were adjudicated delinquent or
convicted as a youthful offender for a crime that would be an
offense enumerated in subsection E of this section.
3. In addition to the criteria establishe d for each class in
paragraph 1 of this subsection, the following requirements shall
apply to each of lev els 2 through 4:
a. satisfactory participation in the work, education, or
program assignment at the standard required for the
particular class level,
b. maintenance of a clean and orderly living area and
personal hygiene at the standard required for the
particular class level,
c. cooperative behavior toward facility staff and other
inmates, and
d. satisfactory participation in the requirements of the
previous class level.
4. The evaluation scale for assessing performance shall be as
follows:
a. Outstanding - For inmates who display consistently
exceptional initiative, motivation, and work habits.
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b. Excellent - For inmates who display above -average work
habits with only minor errors and rarely perform below
expectations.
c. Good - For inmates who perform in a satisfactory
manner and complete tasks as required, doing what is
expected, with only occasional performance above or
below expectations.
d. Fair - For inmates who may perform satisfactorily for
some periods of time, but whose performance is marked
by obviously deficient and weak areas and could be
improved.
e. Poor - For inmates whose performance is unsatisfactory
and falls below expected and accepta ble standards.
E. No person ever convicted as an adult or a youthful offender
or adjudicated delinquent as a juvenile in this state for any felony
offense enumerated in this subsection or a similar felony offense
pursuant to the provisions of another stat e, the United States, or a
military court shall be eligible for the credits provided by the
provisions of subparagraph c of paragraph 2 of subsection D of this
section. Such enumerated offenses include:
1. Assault, battery, or assault and battery with a dangerous
weapon as defined by Section 645, subsection C of Section 652 of
Title 21, or Section 2-219 of Title 43A of the Oklahoma Statutes;
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2. Aggravated assault and battery on a police officer, sheriff,
highway patrolman, or any other officer of the law as defined by
Section 650, subsection C of Section 650.2, Section 650.5,
subsection B of Section 650.6, or subsection C of Section 650.7 of
Title 21 of the Oklahoma Statutes;
3. Poisoning with intent to kill as defined by Section 651 of
Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as defined by Section 652 of
Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as defined by Section 653 of
Title 21 of the Oklahoma Statutes;
6. Assault with intent to commit a felony as defined by Section
681 of Title 21 of the Oklahoma Statutes;
7. Assaults while masked or disguised as d efined by Section
1303 of Title 21 of the Oklahoma Statutes;
8. Entering premises of another while masked as defined by
Section 1302 of Title 21 of th e Oklahoma Statutes;
9. Murder in the first degree as defined by Section 701.7 of
Title 21 of the Oklahoma Statutes;
10. Solicitation for Murder murder in the first degree as
defined by Section 701.16 of Title 21 of the Oklahoma Statutes;
11. Murder in the second degree as defined by Section 701.8 of
Title 21 of the Oklahoma Statutes;
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12. Manslaughter in the first degree as defined by Section 711
or 712 of Title 21 of the Oklahoma Statutes;
13. Manslaughter in the second degree as defined by Section 71 6
or 717 of Title 21 of the Oklahoma Statutes;
14. Kidnapping as defined by Section 741 of Title 21 of the
Oklahoma Statutes;
15. Burglary in the first degree as defined by Section 1431 of
Title 21 of the Oklahoma Statutes;
16. Burglary with explosives as defined by Section 1441 of
Title 21 of the Oklahoma Statutes;
17. Kidnapping for extortion as defined by Section 745 of Title
21 of the Oklahoma Statutes;
18. Maiming as defined by Section 751 of Title 21 of the
Oklahoma Statutes;
19. Robbery as defi ned by Section 791 of Title 21 of the
Oklahoma Statutes;
20. Robbery in the first degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
21. Robbery in the second degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
22. Armed robbery as defined by Section 801 of Title 21 of the
Oklahoma Statutes;
23. Robbery by two or mor e persons as defined by Section 800 of
Title 21 of the Oklahoma Statutes;
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24. Robbery with dangerous weapon or imitation firearm as
defined by Section 801 of Title 21 of the Oklahoma Statutes;
25. Any crime against a child provided for in Section 843.5 of
Title 21 of the Oklahoma Statutes;
26. Wiring any equipment, or equipping any vehicle or structure
with explosives as defined by Section 849 of Titl e 21 of the
Oklahoma Statutes;
27. Forcible sodomy as defined by Section 888 of Title 21 of
the Oklahoma Statutes;
28. Rape in the first degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
29. Rape in the second degree as d efined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
30. Rape by instrumentation as defined by Section 1111.1 of
Title 21 of the Oklahoma Statutes;
31. Lewd or indecent proposition or lewd or indecent act with a
child as defined by Sect ion 1123 of Title 21 of the Oklahoma
Statutes;
32. Sexual battery of a person over 16 as defined by Sect ion
1123 of Title 21 of the Oklahoma Statutes;
33. Use of a firearm or offensive weapon to commit or attempt
to commit a felony as defined by Section 1287 of Title 21 of the
Oklahoma Statutes;
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34. Pointing firearms as defined by Section 1289.16 of Title 21
of the Oklahoma Statutes;
35. Rioting as defined by Section 1311 or 1321.8 of Title 21 of
the Oklahoma Statutes;
36. Inciting to riot as defined b y Section 1320.2 of Title 21
of the Oklahoma Statutes;
37. Arson in the first degree as defined by Secti on 1401 of
Title 21 of the Oklahoma Statutes;
38. Endangering human life during arson as defined by Section
1405 of Title 21 of the Oklahoma Statutes;
39. Injuring or burning public buildings as defined by Section
349 of Title 21 of the Oklahoma Statutes;
40. Sabotage as defined by Section 1262, 1265.4 or 1265.5 of
Title 21 of the Oklahoma Statutes;
41. Extortion as defined by Section 1481 or 1486 of Title 21 of
the Oklahoma Statutes;
42. Obtaining signature by extortion as defined by Section 1485
of Title 21 of the Oklahoma Statutes;
43. Seizure of a bus, discharging firearm or hurling missile at
bus as defined by Section 1903 of Title 21 of the Ok lahoma Statutes;
44. Mistreatment of a vulnerable adult as defined by Section
843.1 of Title 21 of the Oklahoma Statutes;
45. Sex offender providing services to a child as defined by
Section 404.1 of Title 10 of the Oklahoma Statutes;
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46. A felony offense of domestic abuse as defined by subsection
C of Section 644 of Title 21 of the Oklahoma Statutes;
47. Prisoner placing body fluid on government employee as
defined by Section 650.9 of Title 21 of the Oklahoma Statutes;
48. Poisoning food or water supp ly as defined by Section 832 of
Title 21 of the Oklahoma Statutes;
49. Trafficking in children as defined by Section 866 of Title
21 of the Oklahoma Statutes;
50. Incest as defined by Section 885 of Title 21 of the
Oklahoma Statutes;
51. Procure, produc e, distribute, or possess juvenile
pornography child sexual abuse material as defined by Section 1021.2
of Title 21 of the Oklahoma Statutes;
52. Parental consent to juvenile pornography child sexual abuse
material as defined by Section 1021.3 of Title 21 of the Oklahoma
Statutes;
53. Soliciting minor for indecent exposure as defined by
Section 1021 of Title 21 of the Oklahoma Statutes;
54. Distributing obscene material or child pornography sexual
abuse material as defined by Section 1040.13 of Title 21 of the
Oklahoma Statutes;
55. Child sex trafficking as defined by Section 1030 of Title
21 of the Oklahoma Statutes;
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56. Procuring a minor for child sex trafficking or other lewd
acts as defined by Section 1087 of Title 21 of the Oklahoma
Statutes;
57. Transporting a child under eighteen (18) years of age for
purposes of child sex trafficking as defined by Section 1087 of
Title 21 of the Oklahoma Statutes;
58. Inducing a minor to engage in child sex trafficking as
defined by Section 1088 of Title 21 of the Oklahoma Statutes;
59. A felony offense of stalking as defined by subsection D of
Section 1173 of Title 21 of the Oklahoma Statutes;
60. Spread of infectious diseases as defined by Section 1192 of
Title 21 of the Oklahoma Statutes;
61. Advocate overthrow of government by force, commit or
attempt to commit acts to overthrow the government, organize or
provide assistance to groups to overthrow the government as defined
by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma
Statutes;
62. Feloniously discharging a firearm as defined by Section
1289.17A of Title 21 of the Oklahoma Statutes;
63. Possession, use, manufacture, or threat of incendiary
device as defined by Section 1767.1 of Title 21 of the Oklahoma
Statutes;
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64. Causing a personal inj ury accident while driving under the
influence as defined by Section 11 -904 of Title 47 of the Oklahoma
Statutes; or
65. Using a motor vehicle to facilitate the discharge of a
firearm as defined by Section 652 of Title 21 of the Oklahoma
Statutes.
F. The policy and procedure developed by the Department of
Corrections shall include provisions for adjustment review
committees of not less than three members for each such committee.
Each committee shall consist of a classification team supervisor who
shall act as chairman, the case manager for the inmate being
reviewed or classified, a correctional officer or inmate counselor,
and not more than two other members, if deemed necessary, determined
pursuant to policy and procedure to be appropriate for the specif ic
adjustment review committee or committees to which they are
assigned. At least once every four (4) mo nths the adjustment review
committee for each inmate shall evaluate the class level status and
performance of the inmate and determine whether or not the class
level for the inmate should be changed.
Any inmate who feels aggrieved by a decision made by an
adjustment review committee may utilize normal grievance procedures
in effect with the Department of Corrections and in effect at the
facility in which the inmate is incarcerated.
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G. Inmates granted medical leaves for treatment that cannot be
furnished at the penal institution where incarcerated shall be
allowed the time spent on medical leave as time served. Any inmate
placed into administrative segre gation for nondisciplinary reasons
by the institution’s administration may be placed in Class 2. The
length of any jail term served by an inmate before being transported
to a state correctional institution pursuant to a judgment and
sentence of incarcerat ion shall be deducted from the term of
imprisonment at the state correctional institution. Inmates
sentenced to the Department of Corrections and detained in a county
jail as a result of the Department ’s reception scheduling procedure
shall be awarded ear ned credits as provided for in subparagraph b of
paragraph 1 of subsection D of this section, beginning on the date
of the judgment and sentence, unless the inmate is convicted of a
misdemeanor or felony committed in the jail while the inmate is
awaiting transport to the Lexington Assessment and Reception Center
or other assessment and reception location dete rmined by the
Director of the Department of Corrections.
H. Additional achievement earned credits for successful
completion of departmentally approved programs or for attaining
goals or standards set by the Department shall be awarded as
follows:
Bachelor’s degree...................... 200 credits;
Associate’s degree..................... 100 credits;
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High School Diploma or High School
Equivalency Diploma...................90 credits;
Certification of Completion o f
Vocational Training...................80 credits;
Successful completion of
Alcohol/Chemical Abuse Treatment
Program of not less than four (4)
months continuous participation .......70 credits;
Successful completion of other
Educational Accomplishments or
other programs not speci fied in
this subsection.................... 10-30 credits;
Achievement earned credits are subject to loss and restoration in
the same manner as earned credits. Achievement earned credits for a
high school diploma or high school equivalency diploma may be
attained by an inmat e who completes such a program during continuous
custody in a county jail while awaiting trial, sentencin g, or
transfer to the custody of the Department of Corrections. To
qualify, an inmate must have been detained in connection with the
case that resulted in his or her prison sentence and there must have
been continuous custody in a county jail for program completion and
transfer to the Department. Upon sentencing and transfer to the
Department, the inmate shall receive achievement earned credits in
the amount specified in this subsection, provided the county jail
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documents completion of the program, includ ing the date of
certification earned, on the official jail sentence form. The
official jail sentence form shall accompany the inmate upon transfer
to the Department.
I. The accumulated time of every inmate shall be tallied
monthly and maintained by the institution where the term of
imprisonment is being served. A record of said such accumulated
time shall be:
1. Sent to the administrative office of t he Department of
Corrections on a quarterly basis; and
2. Provided to the inmate.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY , dated
04/17/2025 – DO PASS.