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ENGR. H. B. NO. 2422 Page 1
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ENGROSSED HOUSE
BILL NO. 2422 By: Fetgatter of the House
and
Gollihare of the Senate
[ sex offenders - parole eligibility - treatment -
conditions – testing – rules - immunity – parole -
exception – codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 332.22 of Title 57, unless there
is created a duplication in numbering, reads as follows:
A. For purposes of this section:
1. "Hormonal treatment" means the administration of
medroxyprogesterone acetate;
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2. "Mental health evaluation" means an examination performed by
a licensed mental health professional; and
3. "Sex offender" means any person over the age of twenty-one
(21) years who has committed a crime involving physical touch
against a minor under the age of thirteen (13) years that requires
registration as a sex offender as provided in the Sex Offenders
Registration Act.
B. 1. A sex offender who meets the criteria for parole
eligibility as provided for in Section 332.21 of Title 57 of the
Oklahoma Statutes and the following conditions:
a. a mental health evaluation is performed on the sex
offender to determine the likelihood that the sex
offender would commit subsequent offenses if released
on parole. If the mental health professional
determines that hormonal treatment would inhibit the
likelihood of subsequent offenses, the sex offender
may elect to receive hormonal treatment as a condition
of parole. The decision to receive hormonal treatment
shall be made voluntarily by the sex offender,
b. a licensed physician shall administer the hormonal
treatment to the sex offender six (6) weeks prior to
release, and
c. the sex offender shall continue to receive hormonal
treatment while imprisoned in the custody of the
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Department of Corrections at an appropriate frequency
as determined by a licensed physician.
2. Once a sex offender has met the conditions pursuant to
paragraph 1 of this subsection, the sex offender shall continue to
receive hormonal treatment at an appropriate frequency as determined
by a licensed physician in order to remain eligible for parole
unless it is determined by a licensed physician that hormonal
treatment is no longer necessary.
3. A sex offender who:
a. does not continue hormonal treatment as a condition of
parole,
b. receives another treatment to reverse the effects of
the hormonal treatment, or
c. commits subsequent offenses,
shall no longer remain eligible for parole and shall be subject to
imprisonment in the custody of the Department of Corrections.
4. A sex offender who commits a subsequent sex offense, as such
term is defined in Section 40 of Title 22 of the Oklahoma Statutes,
shall no longer remain eligible for parole and shall be sentenced to
imprisonment in the custody of the Department of Corrections for
life without parole. The sex offender shall be subject to lab or
blood testing at irregular intervals as determined by his or her
parole officer.
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C. The Department of Corrections shall promulgate rules to
administer the provisions of this section.
D. A physician or mental health professional who acts in good
faith in compliance with this section in the administration of
treatment shall be immune from and not subject to civil or criminal
liability.
E. The provisions of this section shall only apply to sex
offenders convicted on or after the effective date of this act.
SECTION 2. AMENDATORY 57 O.S. 2021, Section 332.21, is
amended to read as follows:
Section 332.21. A. The Pardon and Parole Board is empowered to
parole a prisoner who:
1. Is sixty (60) years of age or older;
2. Has served, in actual custody, the shorter of ten (10) years
of the term or terms of imprisonment, or one-third (1/3) of the
total term or terms of imprisonment;
3. Poses minimal public safety risks warranting continued
imprisonment;
4. Is not imprisoned for a crime enumerated in Section 13.1 of
Title 21 of the Oklahoma Statutes or Section 571 of Title 57 of the
Oklahoma Statutes; and
5. Has not been convicted of a crime that would require the
person to be subject to the registration requirements of the Sex
Offenders Registration Act.
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If the prisoner has been convicted for a crime as provided for
in paragraphs 4 and 5 of this subsection, the prisoner may be
paroled pursuant to the provisions in Section 1 of this act.
B. The authority to grant parole under Section 332.2 of Title
57 of the Oklahoma Statutes this title shall rest with the Pardon
and Parole Board.
C. The Pardon and Parole Board shall use an evidence-based
risk-assessment instrument to assess the public safety risk posed by
aging prisoners upon release.
D. Unless eligible for release at an earlier date, an aging
prisoner who has been committed to the Department of Corrections for
a term or terms of imprisonment shall have the ability to request a
parole hearing before the Pardon and Parole Board if the prisoner
has served, in actual custody, the shorter of:
1. Ten (10) years of the term or terms of actual imprisonment;
or
2. One-third (1/3) of the total term or terms of imprisonment.
E. Once a prisoner requests a parole hearing under subsection A
of this section, the Pardon and Parole Board may place the prisoner
on the next available docket.
F. The Pardon and Parole Board may grant parole to a prisoner
if the Board finds by a preponderance of the evidence that the
prisoner, if released, can live and remain at liberty without posing
a substantial risk to public safety.
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G. The Pardon and Parole Board may use the selected evidence-
based risk-assessment instrument to make the determination provided
for in subsection F of this section.
H. The Pardon and Parole Board may provide the prisoner the
opportunity to speak on his or her own behalf and the option of
having counsel present at the parole hearing.
I. For purposes of this section:
1. "Aging prisoner" means any person imprisoned by the
Department of Corrections who is sixty (60) years of age or older;
and
2. "Evidence-based" means programs or practices that have been
scientifically tested in controlled studies and proven to be
effective.
SECTION 3. AMENDATORY 57 O.S. 2021, Section 512, is
amended to read as follows:
Section 512. Any inmate in a state penal institution the
custody of the Department of Corrections who has been granted a
parole shall be released from the institution upon the following
conditions:
1. That he the inmate comply with specified requirements of the
Division of Community Services of the Department of Corrections
under the active supervision of a Probation and Parole Officer
probation and parole officer. Such active supervision shall be for
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a period not to exceed three (3) years, except as provided in
paragraph 2 of this section.; and
2. That he the inmate be actively supervised by a Probation and
Parole Officer probation and parole officer for an extended period
not to exceed the expiration of the maximum term or terms for which
he the inmate was sentenced if convicted of a sex offense or upon
the determination by the Division of Community Services that the
best interests of the public and the parolee will be served by such
an extended period of supervision.
Provided, for the purposes of this section, the term "sex
offense" shall not include a violation of paragraph 1 of subsection
A of Section 1021 of Title 21 of the Oklahoma Statutes unless the
conditions of parole are those provided for in Section 1 of this
act.
The Probation and Parole Officer probation and parole officer,
upon information sufficient to give him or her reasonable grounds to
believe that the parolee has violated the terms of and conditions of
his parole, shall notify the Deputy Director of the Division of
Community Services in accordance with Section 516 of Title 57 of the
Oklahoma Statutes this title.
SECTION 4. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 10th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate