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ENGROSSED HOUSE
BILL NO. 3584 By: Harris and Staires of the
House
and
Hines of the Senate
An Act relating to human trafficking; amending 21
O.S. 2021, Section 13.1, as last amended by Section
1, Chapter 352, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 13.1), which relates to required service of
prison sentences; specifying type of offense that
requires mandatory service of sentence; amending 21
O.S. 2021, Section 748, as last amended by Section
20, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 748), which relates to human trafficking;
modifying elements of crime to include certain
victims; providing separate penalty provisions;
amending 57 O.S. 2021, Section 138, as last amended
by Section 1, Chapter 132, O.S.L. 2025 (57 O.S. Supp.
2025, Section 138), which relates to earned credits
for inmates; prohibiting certain inmates from
receiving earned credits; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 13.1, as
last amended by Section 1, Chapter 352, O.S.L. 2025 (21 O.S. Supp.
2025, Section 13.1), is amended to read as follows:
Section 13.1. Persons convicted of:
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1. First degree murder as provided for in Section 701.7 of this
title;
2. Second degree murder as provided for in Section 701.8 of
this title;
3. Manslaughter in the first degree as provided for in Section
711 of this title;
4. Poisoning with intent to kill as provided for in Section 651
of this title;
5. Shooting with intent to kill, use of a vehicle to facilitate
use of a firearm, crossbow or other weapon, assault, battery, or
assault and battery with a deadly weapon or by other means likely to
produce death or great bodily harm, as provided for in Section 652
of this title;
6. Assault with intent to kill as provided for in Section 653
of this title;
7. Conjoint robbery as provided for in Section 800 of this
title;
8. Robbery with a dangerous weapon as provided for in Section
801 of this title;
9. First degree robbery as provided for in Section 797 of this
title;
10. First degree rape as provided for in Section 1111 or 1114
of this title;
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11. First degree arson as provided for in Section 1401 of this
title;
12. First degree burglary as provided for in Section 1431 of
this title;
13. Bombing as provided for in Section 1767.1 of this title;
14. Any crime against a child as provided for in Section 843.5
of this title;
15. Forcible sodomy as provided for in Section 888 of this
title;
16. Child sexual abuse material or aggravated child sexual
abuse material as provided for in Section 1021.2, 1021.3, 1024.1,
1024.2, or 1040.12a of this title;
17. Child sex trafficking as defined in Section 1030 of this
title;
18. Lewd molestation of a child as provided for in Section 1123
of this title;
19. Abuse of a vulnerable adult as defined in Section 10-103 of
Title 43A of the Oklahoma Statutes;
20. Aggravated trafficking as provided for in subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
21. Aggravated assault and battery as provided for in Section
646 of this title upon any person defending another person from
assault and battery;
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22. Human trafficking as defined in as provided for in
paragraph 1 of subsection C of Section 748 of this title; or
23. Discharging a firearm at or into a dwelling or building
used for public or business purposes, as provided for in Section
1289.17A of this title,
or any attempt, conspiracy, or solicitation thereof, shall be
required to serve not less than eighty-five percent (85%) of any
sentence of imprisonment imposed by the judicial system prior to
becoming eligible for consideration for parole. Persons convicted
of these offenses shall not be eligible for earned credits or any
other type of credits which have the effect of reducing the length
of the sentence to less than eighty-five percent (85%) of the
sentence imposed.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 748, as last
amended by Section 20, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 748), is amended to read as follows:
Section 748. A. As used in Sections 748 and 748.2 of this
title:
1. "Coercion" means compelling, forcing or intimidating a
person to act by:
a. threats of harm or physical restraint against any
person,
b. any act, scheme, plan, or pattern intended to cause a
person to believe that performing, or failing to
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perform, an act would result in serious physical,
financial, or emotional harm or distress to or
physical restraint against any person,
c. the abuse or threatened abuse of the law or legal
process,
d. knowingly destroying, concealing, removing,
confiscating or possessing any actual or purported
passport, labor or immigration document, or other
government identification document, including but not
limited to a driver license or birth certificate, of
another person,
e. facilitating or controlling a person's access of a
person to any addictive or controlled substance other
than for legal medical purposes,
f. blackmail,
g. demanding or claiming money, goods, or any other thing
of value from or on behalf of a prostituted person
where such demand or claim arises from or is directly
related to the act of prostitution,
h. determining, dictating or setting the times at which
another person will be available to engage in an act
of prostitution with a third party,
i. determining, dictating or setting the places at which
another person will be available for solicitation of,
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or to engage in, an act of prostitution with a third
party, or
j. determining, dictating or setting the places at which
another person will reside for purposes of making such
person available to engage in an act of prostitution
with a third party;
2. "Commercial sex" means any form of commercial sexual
activity such as sexually explicit performances, prostitution,
participation in the production of pornography, performance in a
strip club, or exotic dancing or display;
3. "Debt bondage" means the status or condition of a debtor
arising from a pledge by the debtor of his or her personal services
or of those of a person under his or her control as a security for
debt if the value of those services as reasonably assessed is not
applied toward the liquidation of the debt or the length and nature
of those services are not respectively limited and defined;
4. "Human trafficking" means modern-day slavery that includes,
but is not limited to, extreme exploitation and the denial of
freedom or liberty of an individual for purposes of deriving benefit
from that individual's the commercial sex act or labor of that
individual;
5. "Human trafficking for labor" means:
a. recruiting, enticing, harboring, maintaining,
transporting, providing or obtaining, by any means,
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another person through deception, force, fraud, threat
or coercion or for purposes of engaging the person in
labor, or
b. benefiting, financially or by receiving anything of
value, from participation in a venture that has
engaged in an act of trafficking for labor;
6. "Human trafficking for commercial sex" means:
a. recruiting, enticing, harboring, maintaining,
transporting, providing or obtaining, by any means,
another person through deception, force, fraud, threat
or coercion for purposes of engaging the person in a
commercial sex act,
b. recruiting, enticing, harboring, maintaining,
transporting, providing, purchasing or obtaining, by
any means, a minor for purposes of engaging the minor
in a commercial sex act, or
c. benefiting, financially or by receiving anything of
value, from participating in a venture that has
engaged in an act of trafficking for commercial sex;
7. "Legal process" means the criminal law, the civil law, or
the regulatory system of the federal government, any state,
territory, district, commonwealth, or trust territory therein, and
any foreign government or subdivision thereof and includes legal
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civil actions, criminal actions, and regulatory petitions or
applications;
8. "Minor" means an individual under eighteen (18) years of
age; and
9. "Victim" means a person against whom a violation of any
provision of this section has been committed.
B. It shall be unlawful to knowingly engage in human
trafficking.
C. 1. Any person violating the provisions of this section
shall, upon conviction, be guilty of a Class A2 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for a term of not less than five (5) years or for life,
or by a fine of not more than One Hundred Thousand Dollars
($100,000.00), or by both such fine and imprisonment. The person
shall be required to serve eighty-five percent (85%) of the sentence
before being eligible for parole consideration or any earned
credits. The terms of imprisonment specified in this paragraph
shall not be subject to statutory provisions for suspension,
deferral or probation, or state correctional institution earned
credits accruing from and after November 1, 1989, except for the
achievement earned credits authorized by subsection H of Section 138
of Title 57 of the Oklahoma Statutes. To qualify for such
achievement earned credits, such inmates must also be in compliance
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with the standards for Class level 2 behavior, as defined in
subsection D of Section 138 of Title 57 of the Oklahoma Statutes.
2. Any person violating the provisions of this section where
the victim of the offense has an intellectual disability or the
victim is under eighteen (18) years of age at the time of the
offense shall, upon conviction, be guilty of a Class A2 felony
offense punishable by imprisonment in the custody of the Department
of Corrections for a term of not less than fifteen (15) years or for
life, or by a fine of not more than Two Hundred Fifty Thousand
Dollars ($250,000.00), or by both such fine and imprisonment. The
person shall be required to serve one hundred percent (100%) of the
sentence imposed. The terms of imprisonment specified in this
paragraph shall not be subject to statutory provisions for
suspension, deferral or probation, or state correctional institution
earned credits.
3. The court shall also order the defendant to pay restitution
to the victim as provided in Section 991f of Title 22 of the
Oklahoma Statutes. If the person is convicted of human trafficking,
the person shall serve eighty-five percent (85%) of the sentence
before being eligible for parole consideration or any earned
credits. The terms of imprisonment specified in this subsection
shall not be subject to statutory provisions for suspension,
deferral or probation, or state correctional institution earned
credits accruing from and after November 1, 1989, except for the
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achievement earned credits authorized by subsection H of Section 138
of Title 57 of the Oklahoma Statutes. To qualify for such
achievement earned credits, such inmates must also be in compliance
with the standards for Class level 2 behavior, as defined in
subsection D of Section 138 of Title 57 of the Oklahoma Statutes.
D. It is an affirmative defense to prosecution for a criminal,
youthful offender, or delinquent offense that, during the time of
the alleged commission of the offense, the defendant or alleged
youthful offender or delinquent was a victim of human trafficking.
E. The consent of a victim to the activity prohibited by this
section shall not constitute a defense.
F. Lack of knowledge of the age of the victim shall not
constitute a defense to the activity prohibited by this section with
respect to human trafficking of a minor.
SECTION 3. AMENDATORY 57 O.S. 2021, Section 138, as last
amended by Section 1, Chapter 132, O.S.L. 2025 (57 O.S. Supp. 2025,
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 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 the
institution's disciplinary committee, following due process, and
upon approval of the warden or superintendent. Each earned credit
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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 term 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 Earned credit deductions shall not be credited
or recorded for any under the following circumstances:
1. An inmate serving any sentence for a criminal 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, employee of the
Department of Corrections, or employee of a private prison
contractor was acting within the scope of his or her employment.
No earned credit deductions shall be credited or recorded for any;
2. Any person who is referred to an intermediate revocation
facility for violating any of the terms and conditions of probation;
or
3. Any inmate serving a sentence for the crime of human
trafficking of a child or a person with an intellectual disability
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as provided in paragraph 2 of subsection C of Section 748 of Title
21 of the Oklahoma Statutes.
B. The Department of Corrections is directed to develop a
written policy and procedure whereby inmates shall be assigned to
one of four class levels determined by an adjustment review
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 educational
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 credits 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:
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a. Class level 1 shall include inmates not eligible to
participate in class levels 2 through 4, and shall
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 evaluation 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 evaluation for personal
hygiene and maintenance of living area.
d. Class level 4 shall include an inmate who has been
incarcerated at least eight (8) months, has received
an outstanding work, education, or program evaluation,
and has received an outstanding evaluation 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;
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Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
b. Class level corresponding credits beginning November
1, 2001, for inmates who have ever 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 - 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
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prior criminal history of the inmate, the Department of Corrections
shall review criminal history records available through the Oklahoma
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 Juvenile Affairs Juvenile 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 established for each class in
paragraph 1 of this subsection, the following requirements shall
apply to each of levels 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:
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a. Outstanding - For inmates who display consistently
exceptional initiative, motivation, and work habits.
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 acceptable 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 state, 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:
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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;
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 defined 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 the 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 in the first degree as defined by
Section 701.16 of Title 21 of the Oklahoma Statutes;
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11. Murder in the second degree as defined by Section 701.8 of
Title 21 of the Oklahoma Statutes;
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 716
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 defined 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;
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23. Robbery by two or more persons as defined by Section 800 of
Title 21 of the Oklahoma Statutes;
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 or equipping any vehicle or structure with
explosives as defined by Section 849 of Title 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 defined 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 Section 1123 of Title 21 of the Oklahoma
Statutes;
32. Sexual battery of a person over 16 as defined by Section
1123 of Title 21 of the Oklahoma Statutes;
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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;
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 by Section 1320.2 of Title 21
of the Oklahoma Statutes;
37. Arson in the first degree as defined by Section 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 Oklahoma Statutes;
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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;
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 supply 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, produce, distribute, or possess child sexual abuse
material as defined by Section 1021.2 of Title 21 of the Oklahoma
Statutes;
52. Parental consent to 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 sexual abuse
material as defined by Section 1040.13 of Title 21 of the Oklahoma
Statutes;
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55. Child sex trafficking as defined by Section 1030 of Title
21 of the Oklahoma Statutes;
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 injury 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 specific
adjustment review committee or committees to which they are
assigned. At least once every four (4) months the adjustment review
committee for each inmate shall evaluate the class level status and
performance of the inmate and determine whether 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 segregation 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 incarceration 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 earned 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 determined 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 of
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 specified 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 inmate who completes such a program during continuous
custody in a county jail while awaiting trial, sentencing, 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, including 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 such accumulated time
shall be:
1. Sent to the administrative office of the Department of
Corrections on a quarterly basis; and
2. Provided to the inmate.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate