Oklahoma § 57-564.1 - Disciplinary proceedings – Judicial review –

§ 57-564.1. Disciplinary proceedings – Judicial review –

Requirements – Procedures.

A. In those instances of prison disciplinary proceedings that

result in the revocation of earned credits, the prisoner, after

exhausting administrative remedies, may seek judicial review in the

district court of the official residence of the Department of

Corrections. To be considered by the court, the inmate shall meet

the following requirements:

1. The petition shall be filed within ninety (90) days of the

date the petitioner is notified of the final Department of

Corrections decision in the Department disciplinary appeal process.

2. The petition shall only name the Department of Corrections

as the respondent and service shall be in accordance with the rules

for service under the laws of this state.

3. The petition shall be limited to the review of only one

disciplinary report and no other pleading is allowed other than the

petition and the answer.

4. The court shall not consider any pleadings from any

intervening parties and shall not stay the Department disciplinary

process during the review of the misconduct hearing.

B. The answer of the Department shall be filed within thirty

(30) days of receipt of the petition unless the court orders a

special report upon motion by one party or upon its own motion.

C. The petition shall assert that due process was not provided

and prove which element of due process, relevant only to a prison

Oklahoma Statutes - Title 57. Prisons and Reformatories

administrative disciplinary proceeding, was not provided by the

prison staff.

D. The court shall only determine whether due process was

provided by the revoking authority. In determining whether due

process was provided, the court shall determine:

1. Whether written notice of the charge was provided to the

inmate;

2. Whether the inmate had a minimum of twenty-four (24) hours

to prepare after notice of the charge;

3. Whether the inmate was provided an opportunity for a hearing

by a prison employee not involved in bringing the charge;

4. Whether the inmate had the opportunity to present relevant

documentary evidence;

5. Whether the inmate had the opportunity to call witnesses

when doing so would not be hazardous to institutional safety or

burden correctional goals;

6. Whether the inmate was provided a written statement as to

the evidence relied on and the reasons for the discipline imposed;

and

7. Whether any evidence existed in the record upon which the

hearing officer could base a finding of guilt.

E. The judicial review as provided in this section shall not be

an independent assessment of the credibility of any witness or a

weighing of the evidence, and there shall be no right to an error

free proceeding or to confront accusers. The only remedy to be

provided, if the court finds due process was not provided, is an

order to the Department to provide due process.

F. There shall be no recovery allowed for costs and fees,

providing that frivolous petitions are subject to the sanctions

provided by the laws of this state.

G. Either party aggrieved by the final order of the district

court on a petition for judicial review may only appeal the order to

the Oklahoma Court of Criminal Appeals as set forth in the rules of

such Court.

Added by Laws 2005, c. 159, § 5, emerg. eff. May 10, 2005.