1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 123 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to parole; amending 57 O.S. 2021,
7 Section 332.7, as amended by Section 1, Chapter 273,
8 O.S.L. 2022 (57 O.S. Supp. 2022, Section 332.7),
8 which relates to administrative parole; clarifying
9 parole guidelines; making language gender neutral;
9 updating statutory language; and providing an
10 effective date.
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11
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 57 O.S. 2021, Section 332.7, as
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14 amended by Section 1, Chapter 273, O.S.L. 2022 (57 O.S. Supp. 2022,
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15 Section 332.7), is amended to read as follows:
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16 Section 332.7. A. For a crime committed prior to July 1, 1998,
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17 any person in the custody of the Department of Corrections shall be
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18 eligible for consideration for parole at the earliest of the
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19 following dates:
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20 1. Has completed serving one-third (1/3) of the sentence;
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21 2. Has reached at least sixty (60) years of age and also has
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22 served at least fifty percent (50%) of the time of imprisonment that
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23 would have been imposed for that offense pursuant to the applicable
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24 matrix, provided in Sections 598 through 601, Chapter 133, O.S.L.
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 1 1997; provided, however, no inmate serving a sentence for crimes
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2 listed in Schedules A, S-1, S-2 or S-3 of Section 6, Chapter 133,
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3 O.S.L. 1997, or serving a sentence of life imprisonment without
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4 parole shall be eligible to be considered for parole pursuant to
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5 this paragraph;
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6 3. Has reached eighty-five percent (85%) of the midpoint of the
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7 time of imprisonment that would have been imposed for an offense
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8 that is listed in Schedule A, B, C, D, D-1, S-1, S-2 or S-3 of
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9 Section 6, Chapter 133, O.S.L. 1997, pursuant to the applicable
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10 matrix; provided, however, no inmate serving a sentence of life
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11 imprisonment without parole shall be eligible to be considered for
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12 parole pursuant to this paragraph; or
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13 4. Has reached seventy-five percent (75%) of the midpoint of
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14 the time of imprisonment that would have been imposed for an offense
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15 that is listed in any other schedule, pursuant to the applicable
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16 matrix; provided, however, no inmate serving a sentence of life
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17 imprisonment without parole shall be eligible to be considered for
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18 parole pursuant to this paragraph.
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19 B. For a crime committed on or after July 1, 1998, and before
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20 November 1, 2018, any person in the custody of the Department of
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21 Corrections shall be eligible for consideration for parole who has
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22 completed serving one-third (1/3) of the sentence; provided,
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23 however, no inmate serving a sentence of life imprisonment without
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 1 parole shall be eligible to be considered for parole pursuant to
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2 this subsection.
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3 C. For a crime committed on or after November 1, 2018, any
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4 person in the custody of the Department of Corrections shall be
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5 eligible for parole after serving one-fourth (1/4) of the sentence
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6 or consecutive sentences imposed, according to the following
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7 criteria:
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8 1. A person eligible for parole under this subsection shall be
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9 eligible for administrative parole under subsection R of this
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10 section once the person serves one-fourth (1/4) of the sentence or
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11 consecutive sentences imposed; provided, however, no inmate serving
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12 a sentence of life imprisonment without parole, a sentence for a
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13 violent crime as set forth in Section 571 of this title or any crime
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14 enumerated in Section 13.1 of Title 21 of the Oklahoma Statutes
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15 shall be eligible for administrative parole.; or
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16 2. A person eligible for parole under this subsection shall be
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17 eligible for parole once the person serves one-fourth (1/4) of the
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18 sentence or consecutive sentences imposed; provided, however, no
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19 inmate serving a sentence of life imprisonment without parole is
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20 eligible for parole.
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21 D. The parole hearings conducted for persons pursuant to
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22 paragraph 3 of subsection A of this section or for any person who
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23 was convicted of a violent crime as set forth in Section 571 of this
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24 title and who is eligible for parole consideration pursuant to
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 1 paragraph 1 of subsection A of this section, subsection B of this
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2 section or paragraph 2 of subsection C of this section shall be
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3 conducted in two stages, as follows:
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4 1. At the initial hearing, the Pardon and Parole Board shall
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5 review the completed report submitted by the staff of the Board and
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6 shall conduct a vote regarding whether, based upon that report, the
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7 Board decides to consider the person for parole at a subsequent
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8 meeting of the Board; and
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9 2. At the subsequent meeting, the Board shall hear from any
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10 victim or representatives of the victim that want to contest the
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11 granting of parole to that person and shall conduct a vote regarding
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12 whether parole should be recommended for that person.
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13 E. Any inmate who has parole consideration dates calculated
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14 pursuant to subsection A, B or C of this section may be considered
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15 up to two (2) months prior to the parole eligibility date. Except
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16 as otherwise directed by the Pardon and Parole Board, any person who
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17 has been considered for parole and was denied parole or who has
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18 waived consideration shall not be reconsidered for parole:
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19 1. Within three (3) years of the denial or waiver, if the
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20 person was convicted of a violent crime, as set forth in Section 571
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21 of this title, and was eligible for consideration pursuant to
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22 paragraph 1 of subsection A of this section, subsection B of this
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23 section or paragraph 2 of subsection C of this section, unless the
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24 person is within one (1) year of discharge; or
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 1 2. Until the person has served at least one-third (1/3) of the
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2 sentence imposed, if the person was eligible for consideration
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3 pursuant to paragraph 3 of subsection A of this section. Thereafter
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4 the person shall not be considered more frequently than once every
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5 three (3) years, unless the person is within one (1) year of
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6 discharge.
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7 F. Any person in the custody of the Department of Corrections
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8 for a crime committed prior to July 1, 1998, who has been considered
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9 for parole on a docket created for a type of parole consideration
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10 that has been abolished by the Legislature shall not be considered
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11 for parole except in accordance with this section.
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12 G. The Pardon and Parole Board shall promulgate rules for the
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13 implementation of subsections A, B and C of this section. The rules
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14 shall include, but not be limited to, procedures for reconsideration
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15 of persons denied parole under this section and procedure for
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16 determining what sentence a person eligible for parole consideration
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17 pursuant to subsection A of this section would have received under
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18 the applicable matrix.
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19 H. The Pardon and Parole Board shall not recommend to the
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20 Governor any person who has been convicted of three or more felonies
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21 arising out of separate and distinct transactions, with three or
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22 more incarcerations for such felonies, unless such person shall have
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23 served the lesser of at least one-third (1/3) of the sentence
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24 imposed, or ten (10) years; provided, that whenever the population
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 1 of the prison system exceeds ninety-five percent (95%) of the
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2 capacity as certified by the State Board of Corrections, the Pardon
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3 and Parole Board may, at its discretion, recommend to the Governor
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4 for parole any person who is incarcerated for a nonviolent offense
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5 not involving injury to a person and who is within six (6) months of
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6 his or her statutory parole eligibility date.
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7 I. Inmates sentenced to consecutive sentences shall not be
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8 eligible for parole consideration on any such consecutive sentence
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9 until one-third (1/3) of the consecutive sentence has been served or
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10 where parole has been otherwise limited by law, until the minimum
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11 term of incarceration has been served as required by law. Unless
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12 otherwise ordered by the sentencing court, any credit for jail time
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13 served shall be credited to only one offense.
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14 J. The Pardon and Parole Board shall consider the prior
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15 criminal record of inmates under consideration for parole
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16 recommendation or granting of parole.
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17 K. In the event the Board grants parole for a nonviolent
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18 offender who has previously been convicted of an offense enumerated
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19 in Section 13.1 of Title 21 of the Oklahoma Statutes or Section 571
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20 of this title, such offender shall be subject to nine (9) months
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21 months’ postimprisonment supervision upon release.
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22 L. It shall be the duty of the Pardon and Parole Board to cause
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23 an examination to be made at the penal institution where the person
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24 is assigned, and to make inquiry into the conduct and the record of
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 1 the said person during his or her custody in the Department of
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2 Corrections, which shall be considered as a basis for consideration
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3 of said such person for recommendation to the Governor for parole.
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4 However, the Pardon and Parole Board shall not be required to
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5 consider for parole any person who has completed the time period
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6 provided for in this subsection if the person has participated in a
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7 riot or in the taking of hostages, or has been placed on escape
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8 status, while in the custody of the Department of Corrections. The
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9 Pardon and Parole Board shall adopt policies and procedures
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10 governing parole consideration for such persons.
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11 M. Any person in the custody of the Department of Corrections
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12 who is convicted of an offense not designated as a violent offense
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13 by Section 571 of this title, is not a citizen of the United States
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14 and is subject to or becomes subject to a final order of deportation
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15 issued by the United States Department of Justice shall be
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16 considered for parole to the custody of the United States
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17 Immigration and Naturalization Service for continuation of
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18 deportation proceedings at any time subsequent to reception and
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19 processing through the Department of Corrections. No person shall
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20 be considered for parole under this subsection without the
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21 concurrence of at least three members of the Pardon and Parole
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22 Board. The vote on whether or not to consider such person for
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23 parole and the names of the concurring Board members shall be set
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 1 forth in the written minutes of the meeting of the Board at which
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2 the issue is considered.
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3 N. Upon application of any person convicted and sentenced by a
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4 court of this state and relinquished to the custody of another state
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5 or federal authorities pursuant to Section 61.2 of Title 21 of the
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6 Oklahoma Statutes, the Pardon and Parole Board may determine a
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7 parole consideration date consistent with the provisions of this
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8 section and criteria established by the Pardon and Parole Board.
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9 O. All references in this section to matrices or schedules
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10 shall be construed with reference to the provisions of Sections 6,
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11 598, 599, 600 and 601, Chapter 133, O.S.L. 1997.
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12 P. Any person in the custody of the Department of Corrections
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13 who is convicted of a felony sex offense pursuant to Section 582 of
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14 this title who is paroled shall immediately be placed on intensive
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15 supervision.
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16 Q. A person in the custody of the Department of Corrections
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17 whose parole consideration date is calculated pursuant to subsection
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18 B or C of this section, and is not serving a sentence of life
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19 imprisonment without parole or who is not convicted of an offense
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20 designated as a violent offense by Section 571 of this title or any
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21 crime enumerated in Section 13.1 of Title 21 of the Oklahoma
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22 Statutes shall be eligible for administrative parole under
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23 subsection R of this section.
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 1 R. The Pardon and Parole Board shall, by majority vote, grant
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2 administrative parole to any person in the custody of the Department
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3 of Corrections if:
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4 1. The person has substantially complied with the requirements
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5 of the case plan established pursuant to Section 512 of this title
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6 and:
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7 a. a victim, as defined in Section 332.2 of this title,
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8 or the district attorney speaking on behalf of a
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9 victim, has not submitted an objection,
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10 b. the person has not received a primary class X
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11 infraction within two (2) years of the parole
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12 eligibility date,
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13 c. the person has not received a secondary class X
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14 infraction within one (1) year of the parole
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15 eligibility date, and
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16 d. c. the person has not received a class A infraction
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17 within six (6) months of the parole eligibility date;
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18 or
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19 2. The person is within six (6) calendar months of his or her
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20 discharge date and a victim, as defined in Section 332.2 of this
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21 title, or the district attorney speaking on behalf of the victim,
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22 has not submitted an objection.
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23 S. Any person granted parole pursuant to subsection R of this
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24 section shall be released from the institution at the time of the
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 1 parole eligibility date of the person as calculated under subsection
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2 B or C of this section.
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3 T. Any person eligible for parole pursuant to subsection R of
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4 this section shall not waive his or her consideration.
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5 U. No less than ninety (90) days prior to the parole
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6 eligibility date of the person, the Department shall notify the
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7 Pardon and Parole Board in writing of the compliance or
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8 noncompliance of the person with the case plan and any infractions
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9 committed by the person.
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10 V. The Pardon and Parole Board shall not be required to conduct
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11 a hearing before granting administrative parole pursuant to
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12 subsection R of this section.
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13 W. Any person who is not granted administrative parole shall be
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14 otherwise eligible for parole pursuant to this section.
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15 X. Any person who is granted administrative parole under
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16 subsection R of this section shall be supervised and managed by the
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17 Department of Corrections in the same manner as a parolee who has
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18 been granted parole pursuant to this section. The person shall be
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19 subject to all of the rules and regulations of parole.
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20 SECTION 2. This act shall become effective November 1, 2023.
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22 59-1-1428 JES 1/3/2023 5:58:01 PM
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Statutes affected:
Introduced: 57-332.7
Floor (House): 57-332.7
Floor (Senate): 57-332.7
Engrossed: 57-332.7
Enrolled (final version): 57-332.7