Oklahoma § 57-332.7 - Consideration for parole

§ 57-332.7. Consideration for parole

A. For a crime committed prior to July 1, 1998, any person in

the custody of the Department of Corrections shall be eligible for

consideration for parole at the earliest of the following dates:

1. Has completed serving one-third (1/3) of the sentence;

2. Has reached at least sixty (60) years of age and also has

served at least fifty percent (50%) of the time of imprisonment that

would have been imposed for that offense pursuant to the applicable

matrix, provided in Sections 598 through 601, Chapter 133, O.S.L.

1997; provided, however, no inmate serving a sentence for crimes

listed in Schedules A, S-1, S-2 or S-3 of Section 6, Chapter 133,

O.S.L. 1997, or serving a sentence of life imprisonment without

Oklahoma Statutes - Title 57. Prisons and Reformatories

parole shall be eligible to be considered for parole pursuant to

this paragraph;

3. Has reached eighty-five percent (85%) of the midpoint of the

time of imprisonment that would have been imposed for an offense

that is listed in Schedule A, B, C, D, D-1, S-1, S-2 or S-3 of

Section 6, Chapter 133, O.S.L. 1997, pursuant to the applicable

matrix; provided, however, no inmate serving a sentence of life

imprisonment without parole shall be eligible to be considered for

parole pursuant to this paragraph; or

4. Has reached seventy-five percent (75%) of the midpoint of

the time of imprisonment that would have been imposed for an offense

that is listed in any other schedule, pursuant to the applicable

matrix; provided, however, no inmate serving a sentence of life

imprisonment without parole shall be eligible to be considered for

parole pursuant to this paragraph.

B. For a crime committed on or after July 1, 1998, and before

November 1, 2018, any person in the custody of the Department of

Corrections shall be eligible for consideration for parole who has

completed serving one-third (1/3) of the sentence; provided,

however, no inmate serving a sentence of life imprisonment without

parole shall be eligible to be considered for parole pursuant to

this subsection.

C. For a crime committed on or after November 1, 2018, any

person in the custody of the Department of Corrections shall be

eligible for parole after serving one-fourth (1/4) of the sentence

or consecutive sentences imposed, according to the following

criteria:

1. A person eligible for parole under this subsection shall be

eligible for administrative parole under subsection R of this

section once the person serves one-fourth (1/4) of the sentence or

consecutive sentences imposed; provided, however, no inmate serving

a sentence of life imprisonment without parole, a sentence for a

violent crime as set forth in Section 571 of this title or any crime

enumerated in Section 13.1 of Title 21 of the Oklahoma Statutes

shall be eligible for administrative parole.

2. A person eligible for parole under this subsection shall be

eligible for parole once the person serves one-fourth (1/4) of the

sentence or consecutive sentences imposed; provided, however no

inmate serving a sentence of life imprisonment without parole is

eligible for parole.

D. The parole hearings conducted for persons pursuant to

paragraph 3 of subsection A of this section or for any person who

was convicted of a violent crime as set forth in Section 571 of this

title and who is eligible for parole consideration pursuant to

paragraph 1 of subsection A of this section, subsection B or

paragraph 2 of subsection C of this section shall be conducted in

two stages, as follows:

Oklahoma Statutes - Title 57. Prisons and Reformatories

1. At the initial hearing, the Pardon and Parole Board shall

review the completed report submitted by the staff of the Board and

shall conduct a vote regarding whether, based upon that report, the

Board decides to consider the person for parole at a subsequent

meeting of the Board; and

2. At the subsequent meeting, the Board shall hear from any

victim or representatives of the victim that want to contest the

granting of parole to that person and shall conduct a vote regarding

whether parole should be recommended for that person.

E. Any inmate who has parole consideration dates calculated

pursuant to subsection A, B or C of this section may be considered

up to two (2) months prior to the parole eligibility date. Except

as otherwise directed by the Pardon and Parole Board, any person who

has been considered for parole and was denied parole or who has

waived consideration shall not be reconsidered for parole:

1. Within three (3) years of the denial or waiver, if the

person was convicted of a violent crime, as set forth in Section 571

of this title, and was eligible for consideration pursuant to

paragraph 1 of subsection A of this section, subsection B of this

section or paragraph 2 of subsection C of this section, unless the

person is within one (1) year of discharge; or

2. Until the person has served at least one-third (1/3) of the

sentence imposed, if the person was eligible for consideration

pursuant to paragraph 3 of subsection A of this section. Thereafter

the person shall not be considered more frequently than once every

three (3) years, unless the person is within one (1) year of

discharge.

F. Any person in the custody of the Department of Corrections

for a crime committed prior to July 1, 1998, who has been considered

for parole on a docket created for a type of parole consideration

that has been abolished by the Legislature shall not be considered

for parole except in accordance with this section.

G. The Pardon and Parole Board shall promulgate rules for the

implementation of subsections A, B and C of this section. The rules

shall include, but not be limited to, procedures for reconsideration

of persons denied parole under this section and procedure for

determining what sentence a person eligible for parole consideration

pursuant to subsection A of this section would have received under

the applicable matrix.

H. The Pardon and Parole Board shall not recommend to the

Governor any person who has been convicted of three or more felonies

arising out of separate and distinct transactions, with three or

more incarcerations for such felonies, unless such person shall have

served the lesser of at least one-third (1/3) of the sentence

imposed, or ten (10) years; provided, that whenever the population

of the prison system exceeds ninety-five percent (95%) of the

capacity as certified by the State Board of Corrections, the Pardon

Oklahoma Statutes - Title 57. Prisons and Reformatories

and Parole Board may, at its discretion, recommend to the Governor

for parole any person who is incarcerated for a nonviolent offense

not involving injury to a person and who is within six (6) months of

his or her statutory parole eligibility date.

I. Inmates sentenced to consecutive sentences shall not be

eligible for parole consideration on any such consecutive sentence

until one-third (1/3) of the consecutive sentence has been served or

where parole has been otherwise limited by law, until the minimum

term of incarceration has been served as required by law. Unless

otherwise ordered by the sentencing court, any credit for jail time

served shall be credited to only one offense.

J. The Pardon and Parole Board shall consider the prior

criminal record of inmates under consideration for parole

recommendation or granting of parole.

K. In the event the Board grants parole for a nonviolent

offender who has previously been convicted of an offense enumerated

in Section 13.1 of Title 21 of the Oklahoma Statutes or Section 571

of this title, such offender shall be subject to nine (9) months

postimprisonment supervision upon release.

L. It shall be the duty of the Pardon and Parole Board to cause

an examination to be made at the penal institution where the person

is assigned, and to make inquiry into the conduct and the record of

the said person during his custody in the Department of Corrections,

which shall be considered as a basis for consideration of said

person for recommendation to the Governor for parole. However, the

Pardon and Parole Board shall not be required to consider for parole

any person who has completed the time period provided for in this

subsection if the person has participated in a riot or in the taking

of hostages, or has been placed on escape status, while in the

custody of the Department of Corrections. The Pardon and Parole

Board shall adopt policies and procedures governing parole

consideration for such persons.

M. Any person in the custody of the Department of Corrections

who is convicted of an offense not designated as a violent offense

by Section 571 of this title, is not a citizen of the United States

and is subject to or becomes subject to a final order of deportation

issued by the United States Department of Justice shall be

considered for parole to the custody of the United States

Immigration and Naturalization Service for continuation of

deportation proceedings at any time subsequent to reception and

processing through the Department of Corrections. No person shall

be considered for parole under this subsection without the

concurrence of at least three members of the Pardon and Parole

Board. The vote on whether or not to consider such person for

parole and the names of the concurring Board members shall be set

forth in the written minutes of the meeting of the Board at which

the issue is considered.

Oklahoma Statutes - Title 57. Prisons and Reformatories

N. Upon application of any person convicted and sentenced by a

court of this state and relinquished to the custody of another state

or federal authorities pursuant to Section 61.2 of Title 21 of the

Oklahoma Statutes, the Pardon and Parole Board may determine a

parole consideration date consistent with the provisions of this

section and criteria established by the Pardon and Parole Board.

O. All references in this section to matrices or schedules

shall be construed with reference to the provisions of Sections 6,

598, 599, 600 and 601, Chapter 133, O.S.L. 1997.

P. Any person in the custody of the Department of Corrections

who is convicted of a felony sex offense pursuant to Section 582 of

this title who is paroled shall immediately be placed on intensive

supervision.

Q. A person in the custody of the Department of Corrections

whose parole consideration date is calculated pursuant to subsection

B or C of this section, and is not serving a sentence of life

imprisonment without parole or who is not convicted of an offense

designated as a violent offense by Section 571 of this title or any

crime enumerated in Section 13.1 of Title 21 of the Oklahoma

Statutes shall be eligible for administrative parole under

subsection R of this section.

R. The Pardon and Parole Board shall, by majority vote, grant

administrative parole to any person in the custody of the Department

of Corrections if:

1. The person has substantially complied with the requirements

of the case plan established pursuant to Section 512 of this title

and:

a.

a victim, as defined in Section 332.2 of this title,

or the district attorney speaking on behalf of a

victim, has not submitted an objection,

b.

the person has not received a primary class X

infraction within two (2) years of the parole

eligibility date,

c.

the person has not received a secondary class X

infraction within one (1) year of the parole

eligibility date, and

d.

the person has not received a class A infraction

within six (6) months of the parole eligibility date;

or

2. The person is within six (6) calendar months of his or her

discharge date and a victim, as defined in Section 332.2 of this

title, or the district attorney speaking on behalf of the victim,

has not submitted an objection.

S. Any person granted parole pursuant to subsection R of this

section shall be released from the institution at the time of the

parole eligibility date of the person as calculated under subsection

B or C of this section.

Oklahoma Statutes - Title 57. Prisons and Reformatories

T. Any person eligible for parole pursuant to subsection R of

this section shall not waive his or her consideration.

U. No less than ninety (90) days prior to the parole

eligibility date of the person, the Department shall notify the

Pardon and Parole Board in writing of the compliance or

noncompliance of the person with the case plan and any infractions

committed by the person.

V. The Pardon and Parole Board shall not be required to conduct

a hearing before granting administrative parole pursuant to

subsection R of this section.

W. Any person who is not granted administrative parole shall be

otherwise eligible for parole pursuant to this section.

X. Any person who is granted administrative parole under

subsection R of this section shall be supervised and managed by the

Department of Corrections in the same manner as a parolee who has

been granted parole pursuant to this section. The person shall be

subject to all of the rules and regulations of parole.

Added by Laws 1947, p. 343, § 1. Amended by Laws 1980, c. 84, § 1,

eff. Oct. 1, 1980; Laws 1987, c. 28, § 1, eff. Nov. 1, 1987; Laws

1988, c. 141, § 2, eff. Nov. 1, 1988; Laws 1989, c. 348, § 22, eff.

Nov. 1, 1989; Laws 1993, c. 276, § 1, emerg. eff. May 27, 1993; Laws

1996, c. 168, § 1, eff. July 1, 1996; Laws 1997, c. 133, § 26, eff.

July 1, 1997; Laws 1997, c. 333, § 23, eff. July 1, 1997; Laws 1998,

c. 89, § 6, eff. July 1, 1998; Laws 1998, 1st Ex. Sess., c. 2, § 18,

emerg. eff. June 19, 1998; Laws 1999, 1st Ex. Sess., c. 5, § 12,

eff. July 1, 1999; Laws 2001, c. 437, § 27, eff. July 1, 2001; Laws

2003, c. 306, § 2, eff. Nov. 1, 2003; Laws 2004, c. 168, § 7, emerg.

eff. April 27, 2004; Laws 2013, c. 124, § 2, eff. Nov. 1, 2013; Laws

2018, c. 117, § 2, eff. Nov. 1, 2018; Laws 2022, c. 273, § 1, eff.

Nov. 1, 2022.

NOTE: Laws 1993, c. 187, § 2 repealed by Laws 1994, c. 2, § 34,

emerg. eff. March 2, 1994.

NOTE: Laws 2004, c. 168, § 18, providing for an effective date of

Nov. 1, 2004, was repealed by Laws 2004, c. 382, § 4, emerg. eff.

June 3, 2004.

§57-332.7a. Crimes related to controlled dangerous substances Reporting procedures - Consideration by Board.

A. The Department of Corrections shall establish procedures for

obtaining drug-related information, pursuant to Section 1 of this

act, and shall establish a method of reporting such information in

relation to any person convicted and incarcerated in the State

Penitentiary or placed on probation or parole.

B. The Pardon and Parole Board shall be provided any drugrelated information on any person eligible for parole by the

Department of Corrections prior to such person's consideration.

Oklahoma Statutes - Title 57. Prisons and Reformatories

C. The Pardon and Parole Board shall consider the nature and

relationship of the offense and offender to any controlled dangerous

substance.

Added by Laws 1989, c. 361, § 2, emerg. eff. June 2, 1989.