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38 | 39 | | An Act relating to parole; amending 57 O.S. 2021, |
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39 | 40 | | Section 516, which relates to parole violators; |
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40 | 41 | | authorizing parole revocation by certain entity; |
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41 | 42 | | clarifying authority under certa in circumstance; and |
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42 | 43 | | providing an effective date . |
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48 | 49 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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49 | 50 | | SECTION 1. AMENDATORY 57 O.S. 2021, Section 516, is |
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50 | 51 | | amended to read as follows: |
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51 | 52 | | Section 516. A. Except as provided in s ubsection B of this |
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52 | 53 | | section, the probation and parole officer shall, upon information |
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53 | 54 | | sufficient to give the officer reasonable grounds to believe that |
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54 | 55 | | the parolee has violated the terms of and conditions of parole, |
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55 | 56 | | notify the Department of Corrections. I f it is determined that the |
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56 | 57 | | facts justify revocat ion action, the Department shall issue a |
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57 | 58 | | warrant for the arrest of the parolee and the warrant shall have the |
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58 | 59 | | force and effect of any warrant of arrest issued by a district court |
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59 | 60 | | in this state. The parolee shall, after arrest, be immediately |
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60 | 61 | | incarcerated in the nearest county jail, intermediate sanctions |
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61 | 62 | | facility, or a Department of Corrections facility to await action by |
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88 | 90 | | the Governor or the Pardon and Parole Board as to whether the parole |
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89 | 91 | | will be revoked. Parole time shall cease to run after the issuance |
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90 | 92 | | of a warrant for arrest by the Department of Corrections, and earned |
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91 | 93 | | credits shall not be accrued during any period of time when the |
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92 | 94 | | parolee is incarcerated pending revocation action by the Governor or |
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93 | 95 | | the Pardon and Parole Board. Pursuant to the provisions of this |
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94 | 96 | | subsection: |
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95 | 97 | | 1. The Governor shall have the power and authority to revoke |
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96 | 98 | | parole granted by the Governor and file the certificate of |
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97 | 99 | | revocation with the Secretary of State; and |
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98 | 100 | | 2. The Pardon and Parole Board, by majority vote, shall have |
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99 | 101 | | the power and authority to revoke parole granted by the Pardon and |
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100 | 102 | | Parole Board and file the certificate of revocation with the |
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101 | 103 | | Secretary of State. |
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102 | 104 | | B. Any parolee determined to have violated any terms or |
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103 | 105 | | conditions of parole by the supervising parole officer may be given |
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104 | 106 | | the option, at the discretion of the Department of Corrections, to |
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105 | 107 | | be placed in an intermediate sanctions facility for disciplinary |
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106 | 108 | | sanction and programmatic services in lieu of revocation or whe n |
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107 | 109 | | revocation action by the Governor or the Pardon and Parole Board is |
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108 | 110 | | deemed unnecessary for the nature of the violation. Any parolee for |
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109 | 111 | | whom a warrant for arrest issues as provided in subsection A of this |
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110 | 112 | | section may, at the discretion of the Department or the Governor, be |
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111 | 113 | | placed in an intermediate sanctions facility pending or following |
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