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An Act
ENROLLED SENATE
BILL NO. 1213 By: Rader and Nice of the
Senate
and
Harris of the House
An Act relating to prisons and reformatories;
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;
removing incarceration length requirements for
certain class levels; modifying earned credits
provisions for certain inmates; updating statutory
language; making language gender neutral; and
providing an effective date.
SUBJECT: Inmate earned credits
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 he or she is 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 is equivalent to one (1) day of
incarceration. Lost credits may be restored by the warden or
ENR. S. B. NO. 1213 Page 2
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
credit deductions shall be credited or recorded for any 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 person who is referred to an
intermediate revocation facility for violating any of the terms and
conditions of probation.
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.
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D. 1. Class levels shall be as follows:
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;
Class 3 - 33 Credits per month; and
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
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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; and
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; and
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
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:
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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:
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
ENR. S. B. NO. 1213 Page 6
provisions of subparagraph c of paragraph 2 of subsection D of this
section. Such enumerated offenses include:
1. Assault, battery, or assault and battery with a dangerous
weapon as defined by provided for in Section 645 of Title 21,
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
provided for in 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 provided for in
Section 651 of Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as defined by provided for in
Section 652 of Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as defined by provided for in
Section 653 of Title 21 of the Oklahoma Statutes;
6. Assault with intent to commit a felony as defined by
provided for in Section 681 of Title 21 of the Oklahoma Statutes;
7. Assaults while masked or disguised as defined by provided
for in Section 1303 of Title 21 of the Oklahoma Statutes;
8. Entering premises of another while masked as defined by
provided for in Section 1302 of Title 21 of the Oklahoma Statutes;
9. Murder in the first degree as defined by provided for in
Section 701.7 of Title 21 of the Oklahoma Statutes;
10. Solicitation for murder in the first degree as defined by
provided for in Section 701.16 of Title 21 of the Oklahoma Statutes;
11. Murder in the second degree as defined by provided for in
Section 701.8 of Title 21 of the Oklahoma Statutes;
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12. Manslaughter in the first degree as defined by provided for
in Section 711 or 712 of Title 21 of the Oklahoma Statutes;
13. Manslaughter in the second degree as defined by provided
for in Section 716 or 717 of Title 21 of the Oklahoma Statutes;
14. Kidnapping as defined by provided for in Section 741 of
Title 21 of the Oklahoma Statutes;
15. Burglary in the first degree as defined by provided for in
Section 1431 of Title 21 of the Oklahoma Statutes;
16. Burglary with explosives as defined by provided for in
Section 1441 of Title 21 of the Oklahoma Statutes;
17. Kidnapping for extortion as defined by provided for in
Section 745 of Title 21 of the Oklahoma Statutes;
18. Maiming as defined by provided for in Section 751 of Title
21 of the Oklahoma Statutes;
19. Robbery as defined by provided for in Section 791 of Title
21 of the Oklahoma Statutes;
20. Robbery in the first degree as defined by provided for in
Section 797 of Title 21 of the Oklahoma Statutes;
21. Robbery in the second degree as defined by provided for in
Section 797 of Title 21 of the Oklahoma Statutes;
22. Armed robbery as defined by provided for in Section 801 of
Title 21 of the Oklahoma Statutes;
23. Robbery by two or more persons as defined by provided for
in Section 800 of Title 21 of the Oklahoma Statutes;
24. Robbery with dangerous weapon or imitation firearm as
defined by provided for in 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;
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26. Wiring or equipping any vehicle or structure with
explosives as defined by provided for in Section 849 of Title 21 of
the Oklahoma Statutes;
27. Forcible sodomy as defined by provided for in Section 888
of Title 21 of the Oklahoma Statutes;
28. Rape in the first degree as defined by provided for in
Sections 1111 and 1114 of Title 21 of the Oklahoma Statutes;
29. Rape in the second degree as defined by provided for in
Sections 1111 and 1114 of Title 21 of the Oklahoma Statutes;
30. Rape by instrumentation as defined by provided for in
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 provided for in Section 1123 of Title 21 of the
Oklahoma Statutes;
32. Sexual battery of a person over 16 sixteen (16) years of
age as defined by provided for in Section 1123 of Title 21 of the
Oklahoma Statutes;
33. Use of a firearm or offensive weapon to commit or attempt
to commit a felony as defined by provided for in Section 1287 of
Title 21 of the Oklahoma Statutes;
34. Pointing firearms as defined by provided for in Section
1289.16 of Title 21 of the Oklahoma Statutes;
35. Rioting as defined by provided for in Section 1311 or
1321.8 of Title 21 of the Oklahoma Statutes;
36. Inciting to riot as defined by provided for in Section
1320.2 of Title 21 of the Oklahoma Statutes;
37. Arson in the first degree as defined by provided for in
Section 1401 of Title 21 of the Oklahoma Statutes;
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38. Endangering human life during arson as defined by provided
for in Section 1405 of Title 21 of the Oklahoma Statutes;
39. Injuring or burning public buildings as defined by provided
for in Section 349 of Title 21 of the Oklahoma Statutes;
40. Sabotage as defined by provided for in Section 1262,
1265.4, or 1265.5 of Title 21 of the Oklahoma Statutes;
41. Extortion as defined by provided for in Section 1481 or
1486 of Title 21 of the Oklahoma Statutes;
42. Obtaining signature by extortion as defined by provided for
in Section 1485 of Title 21 of the Oklahoma Statutes;
43. Seizure of a bus, or discharging a firearm or hurling
missile at bus as defined by provided for in Section 1903 of Title
21 of the Oklahoma Statutes;
44. Mistreatment of a vulnerable adult as defined by provided
for in Section 843.1 of Title 21 of the Oklahoma Statutes;
45. Sex A sex offender providing services to a child as defined
by provided for in Section 404.1 of Title 10 of the Oklahoma
Statutes;
46. A felony offense of domestic abuse as defined by provided
for in subsection C of Section 644 of Title 21 of the Oklahoma
Statutes;
47. Prisoner A prisoner placing body fluid or waste on a
government employee as defined by provided for in Section 650.9 of
Title 21 of the Oklahoma Statutes;
48. Poisoning food or water supply as defined by provided for
in Section 832 of Title 21 of the Oklahoma Statutes;
49. Trafficking in children as defined by provided for in
Section 866 of Title 21 of the Oklahoma Statutes;
50. Incest as defined by provided for in Section 885 of Title
21 of the Oklahoma Statutes;
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51. Procure, produce, distribute, or possess Procuring,
producing, distributing, or possessing child sexual abuse material
as defined by provided for in Section 1021.2 of Title 21 of the
Oklahoma Statutes;
52. Parental consent to child sexual abuse material as defined
by provided for in Section 1021.3 of Title 21 of the Oklahoma
Statutes;
53. Soliciting a minor for indecent exposure as defined by
provided for in Section 1021 of Title 21 of the Oklahoma Statutes;
54. Distributing obscene material or child sexual abuse
material as defined by provided for in Section 1040.13 of Title 21
of the Oklahoma Statutes;
55. Child sex trafficking as defined by provided for in Section
1030 of Title 21 of the Oklahoma Statutes;
56. Procuring a minor for child sex trafficking or other lewd
acts as defined by provided for in 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 provided for in
Section 1087 of Title 21 of the Oklahoma Statutes;
58. Inducing a minor to engage in child sex trafficking as
defined by provided for in Section 1088 of Title 21 of the Oklahoma
Statutes;
59. A felony offense of stalking as defined by provided for in
subsection D of Section 1173 of Title 21 of the Oklahoma Statutes;
60. Spread Spreading of infectious diseases as defined by
provided for in Section 1192 of Title 21 of the Oklahoma Statutes;
61. Advocate Advocating to overthrow of the government by
force, commit committing or attempt attempting to commit acts to
overthrow the government, organize organizing or provide providing
assistance to groups to overthrow the government as defined by
ENR. S. B. NO. 1213 Page 11
provided for in Section 1266, 1266.4 or 1267.1 of Title 21 of the
Oklahoma Statutes;
62. Feloniously discharging a firearm as defined by provided
for in Section 1289.17A of Title 21 of the Oklahoma Statutes;
63. Possession, use, manufacture, or threat of use of an
incendiary device as defined by provided for in Section 1767.1 of
Title 21 of the Oklahoma Statutes;
64. Causing a personal injury accident while driving under the
influence as defined by provided for in 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 provided for in 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 chair, 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
correctional facility in which the inmate is incarcerated in the
custody of the Department of Corrections.
G. Inmates granted medical leaves for treatment that cannot be
furnished at the penal institution where incarcerated correctional
facility shall be allowed the time spent on medical leave as time
served. Any inmate placed into administrative segregation for
ENR. S. B. NO. 1213 Page 12
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
facility pursuant to a judgment and sentence of incarceration shall
be deducted from the term of imprisonment at the state correctional
institution facility. 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 d of paragraph 1 of
subsection D of this section, at a rate of 1.47 credits per day,
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;
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;
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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
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 2. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1213 Page 14
Passed the Senate the 16th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________