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ENGROSSED HOUSE
BILL NO. 3114 By: Wilk, Hardin, and Turner of
the House
and
Hamilton of the Senate
An Act relating to prisons and reformatories;
amending 57 O.S. 2021, Section 510.9, which relates
to the Electronic Monitoring Program for inmates;
adding criminal offense to list that bars eligibility
to the program; providing for removal upon loss of
eligibility; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2021, Section 510.9, is
amended to read as follows:
Section 510.9. A. There is hereby created the Electronic
Monitoring Program for inmates in the custody of the Department of
Corrections who are sentenced for a nonviolent offense not included
as a violent offense defined in Section 571 of this title. The
Department is authorized to use an electronic monitoring global
positioning device to satisfy its custody duties and
responsibilities.
B. After an inmate has been processed and received through a
Department Assessment and Reception Center, has a home offer, and
has met the criteria established in subsection C of Section 521 of
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this title, the Director of the Department of Corrections may assign
the inmate, if eligible, to the Electronic Monitoring Program. The
following inmates, youthful offenders and juveniles shall not be
eligible for assignment to the program:
1. Any inmate serving a sentence of more than ten (10) years
who has one thousand ninety-five (1,095) days or more left on the
sentence;
2. Inmates convicted of a violent offense within the previous
ten (10) years or convicted of a violation enumerated in Section
13.1 of Title 21 of the Oklahoma Statutes;
3. Inmates convicted pursuant to Section 11-902 of Title 47 of
the Oklahoma Statutes who are not receptive to substance abuse
treatment and follow-up treatment;
4. Inmates deemed by the Department to be a security risk or
threat to the public;
5. Inmates requiring educational, medical or other services or
programs not available in a community setting as determined by the
Department;
6. Inmates convicted of any crime related to domestic abuse as
provided for in Section 644 of Title 21 of the Oklahoma Statutes or
who have an active protection order that was issued under the
Protection from Domestic Abuse Act;
7. Inmates who have outstanding felony warrants or detainers
from another jurisdiction;
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8. Inmates convicted of a sex offense who, upon release from
incarceration, would be required by law to register pursuant to the
Sex Offender Registration Act;
9. Inmates convicted for any crime against a child or abuse
pursuant to Section 843.5 of Title 21 of the Oklahoma Statutes;
10. Inmates convicted of exploitation of a vulnerable adult
pursuant to Section 843.3 of Title 21 of the Oklahoma Statutes;
11. Inmates convicted of racketeering activity as defined in
Section 1402 of Title 22 of the Oklahoma Statutes;
12. Inmates convicted pursuant to subsection F of Section 2-401
of Title 63 of the Oklahoma Statutes;
13. Inmates convicted pursuant to Section 650 of Title 21 of
the Oklahoma Statutes;
14. Inmates convicted pursuant to subsection B of Section 11-
904 of Title 47 of the Oklahoma Statutes;
15. Inmates who have escaped from a medium or maximum custody
penal or correctional institution within the previous ten (10)
years; or
15. 16. Inmates who currently have active misconduct actions on
file with the Department of Corrections.
C. Every eligible inmate assigned to the Electronic Monitoring
Program shall remain in such program until one of the following
conditions has been met:
1. The inmate discharges the term of the sentence;
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2. The inmate is removed from the Electronic Monitoring Program
for violation of any rule or condition of the program and reassigned
to imprisonment in a correctional facility; or
3. The inmate is paroled by the Governor pursuant to Section
332.7 of this title.
D. After an inmate has been assigned to the Electronic
Monitoring Program, denial of parole pursuant to Section 332.7 of
this title, shall not be cause for removal from the program,
provided the inmate has not violated the rules or conditions of the
program. The inmate may remain assigned to the program, if
otherwise eligible, until the completion of the sentence. Loss of
eligibility for the program shall result in removal of the inmate
from the program.
E. The Electronic Monitoring Program shall require active
supervision of the inmate in a community setting by a correctional
officer or other employee of the Department of Corrections with
monitoring by a global positioning device approved by the Department
under such rules and conditions as may be established by the
Department. If an inmate violates any rule or condition of the
program, the Department may take necessary disciplinary action
consistent with the rules established pursuant to this section
including reassignment to a higher level of security or removing the
inmate from the program with reassignment to imprisonment in a
correctional facility. Any inmate who escapes from the Electronic
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Monitoring Program shall be subject to the provisions of Section 443
of Title 21 of the Oklahoma Statutes.
F. Upon an inmate assigned to the Electronic Monitoring Program
becoming eligible for parole consideration, pursuant to Section
332.7 of this title, the Department of Corrections shall deliver the
inmate, in person, to a correctional facility for an interview,
together with any Department records necessary for the Pardon and
Parole Board's investigation. Inmates assigned to the Electronic
Monitoring Program shall not be allowed to waive consideration or
recommendation for parole.
G. Prior to placement of any eligible inmate assigned to the
Electronic Monitoring Program being placed in a community setting,
the Department of Corrections shall deliver a written notification
to the sheriff and district attorney of the county, and the chief
law enforcement officer of any incorporated city or town in which
the inmate is to be monitored and supervised under the program. The
Department of Corrections shall provide notice of the projected date
of release of an inmate to the designated Oklahoma victim
notification service provider within sixty (60) days but not less
than seven (7) days prior to the projected date of release of the
inmate.
H. An inmate assigned to the Electronic Monitoring Program may
be required to pay the Department of Corrections for all or part of
any monitoring equipment or fee, substance abuse treatment program
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or follow-up treatment expense, supervision cost or other costs
while assigned to the program. The Department shall determine
whether the inmate has the ability to pay all or part of such fee or
costs.
I. The Department of Corrections shall develop policies and
procedures necessary to implement the Electronic Monitoring Program
including but not limited to methods of monitoring and supervision,
disciplinary action, reassignment to higher and lower security
levels, removal from the program and costs of monitoring and
supervision to be paid by the inmate, if any.
J. An inmate assigned to the Electronic Monitoring Program
shall, within thirty (30) days of being placed in a community
setting, report to the court clerk and the district attorney of the
county from which the judgment and sentence resulting in
incarceration arose to address payment of any fines, costs,
restitution and assessments owed by the inmate, if any.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 10th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate