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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 690 By: Bergstrom
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7 AS INTRODUCED
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8 An Act relating to prisons and reformatories;
8 amending 57 O.S. 2021, Section 138, as amended by
9 Section 11, Chapter 151, O.S.L. 2024 (57 O.S. Supp.
9 2024, Section 138), which relates to earned credits;
10 authorizing attainment of certain earned credits by
10 certain inmates; prohibiting certain transfer of
11 earned credits; making language gender neutral;
11 updating statutory language; and providing an
12 effective date.
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13
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14
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 57 O.S. 2021, Section 138, as
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17 amended by Section 11, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024,
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18 Section 138), is amended to read as follows:
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19 Section 138. A. Except as otherwise provided by law, every
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20 inmate of a state correctional institution shall have their his or
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21 her term of imprisonment reduced monthly, based upon the class level
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22 to which they are assigned. Earned credits may be subtracted from
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23 the total credits accumulated by an inmate, upon recommendation of
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24 the institution's disciplinary committee, following due process, and
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1 upon approval of the warden or superintendent. Each earned credit
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2 is equivalent to one (1) day of incarceration. Lost credits may be
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3 restored by the warden or superintendent upon approval of the
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4 classification committee. If a maximum and minimum term of
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5 imprisonment is imposed, the provisions of this subsection shall
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6 apply only to the maximum term. No deductions shall be credited to
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7 any inmate serving a sentence of life imprisonment; however, a
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8 complete record of the inmate's participation in work, school,
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9 vocational training, or other approved program shall be maintained
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10 by the Department of Corrections for consideration by the paroling
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11 authority. No earned credit deductions shall be credited or
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12 recorded for any inmate serving any sentence for a criminal act
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13 which resulted in the death of a police officer, a law enforcement
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14 officer, an employee of the Department of Corrections, or an
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15 employee of a private prison contractor and the death occurred while
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16 the police officer, law enforcement officer, employee of the
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17 Department of Corrections, or employee of a private prison
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18 contractor was acting within the scope of their his or her
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19 employment. No earned credit deductions shall be credited or
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20 recorded for any person who is referred to an intermediate
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21 revocation facility for violating any of the terms and conditions of
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22 probation.
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23 B. The Department of Corrections is directed to develop a
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24 written policy and procedure whereby inmates shall be assigned to
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1 one of four class levels determined by an adjustment review
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2 committee of the facility to which the inmate is assigned. The
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3 policies and procedures developed by the Department shall include,
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4 but not be limited to, written guidelines pertaining to awarding
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5 credits for rehabilitation, obtaining job skills and educational
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6 enhancement, participation in and completion of alcohol/chemical
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7 abuse programs, incentives for inmates to accept work assignments
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8 and jobs, work attendance and productivity, conduct record,
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9 participation in programs, cooperative general behavior, and
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10 appearance. When assigning inmates to a class level, the adjustment
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11 review committee shall consider all aspects of the policy and
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12 procedure developed by the Department including, but not limited to,
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13 the criteria for awarding credits required by this subsection.
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14 C. If an inmate is subject to misconduct, nonperformance, or
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15 disciplinary action, earned credits may be removed according to the
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16 policies and procedures developed by the Department. Earned credits
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17 removed for misconduct, nonperformance, or disciplinary action may
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18 be restored as provided by Department policy, if any.
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19 D. 1. Class levels shall be as follows:
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20 a. Class level 1 shall include inmates not eligible to
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21 participate in class levels 2 through 4, and shall
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22 include, but not be limited to, inmates on escape
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23 status.
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1 b. Class level 2 shall include an inmate who has been
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2 given a work, education, or program assignment, has
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3 received a good evaluation for participation in the
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4 work, education, or program assignment, and has
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5 received a good evaluation for personal hygiene and
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6 maintenance of living area.
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7 c. Class level 3 shall include an inmate who has been
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8 incarcerated at least three (3) months, has received
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9 an excellent work, education, or program evaluation,
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10 and has received an excellent evaluation for personal
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11 hygiene and maintenance of living area.
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12 d. Class level 4 shall include an inmate who has been
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13 incarcerated at least eight (8) months, has received
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14 an outstanding work, education, or program evaluation,
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15 and has received an outstanding evaluation for
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16 personal hygiene and maintenance of living area.
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17 2. a. Until November 1, 2001, class level corresponding
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18 credits are as follows:
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19 Class 1 - 0 Credits per month;
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20 Class 2 - 22 Credits per month;
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21 Class 3 - 33 Credits per month;
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22 Class 4 - 44 Credits per month.
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23 b. Class level corresponding credits beginning November
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24 1, 2001, for inmates who have ever been convicted as
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1 an adult or a youthful offender or adjudicated
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2 delinquent as a juvenile for a felony offense
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3 enumerated in subsection E of this section are as
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4 follows:
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5 Class 1 - 0 Credits per month;
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6 Class 2 - 22 Credits per month;
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7 Class 3 - 33 Credits per month;
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8 Class 4 - 44 Credits per month.
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9 c. Class level corresponding credits beginning November
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10 1, 2001, for inmates who have never been convicted as
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11 an adult or a youthful offender or adjudicated
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12 delinquent as a juvenile for a felony offense
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13 enumerated in subsection E of this section are as
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14 follows:
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15 Class 1 � 0 Credits per month;
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16 Class 2 � 22 Credits per month;
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17 Class 3 � 45 Credits per month;
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18 Class 4 � 60 Credits per month.
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19 Each inmate shall receive the above specified monthly credits
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20 for the class to which he or she is assigned. In determining the
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21 prior criminal history of the inmate, the Department of Corrections
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22 shall review criminal history records available through the Oklahoma
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23 State Bureau of Investigation, Federal Bureau of Investigation, and
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24 National Crime Information Center to determine the reported felony
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1 convictions of all inmates. The Department of Corrections shall
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2 also review the Office of Juvenile Affairs Juvenile On-line Online
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3 Tracking System for inmates who were adjudicated delinquent or
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4 convicted as a youthful offender for a crime that would be an
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5 offense enumerated in subsection E of this section.
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6 3. In addition to the criteria established for each class in
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7 paragraph 1 of this subsection, the following requirements shall
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8 apply to each of levels 2 through 4:
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9 a. satisfactory participation in the work, education, or
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10 program assignment at the standard required for the
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11 particular class level,
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12 b. maintenance of a clean and orderly living area and
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13 personal hygiene at the standard required for the
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14 particular class level,
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15 c. cooperative behavior toward facility staff and other
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16 inmates, and
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17 d. satisfactory participation in the requirements of the
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18 previous class level.
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19 4. The evaluation scale for assessing performance shall be as
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20 follows:
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21 a. Outstanding - For inmates who display consistently
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22 exceptional initiative, motivation, and work habits.
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1 b. Excellent - For inmates who display above-average work
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2 habits with only minor errors and rarely perform below
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3 expectations.
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4 c. Good - For inmates who perform in a satisfactory
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5 manner and complete tasks as required, doing what is
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6 expected, with only occasional performance above or
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7 below expectations.
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8 d. Fair - For inmates who may perform satisfactorily for
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9 some periods of time, but whose performance is marked
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10 by obviously deficient and weak areas and could be
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11 improved.
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12 e. Poor - For inmates whose performance is unsatisfactory
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13 and falls below expected and acceptable standards.
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14 E. No person ever convicted as an adult or a youthful offender
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15 or adjudicated delinquent as a juvenile in this state for any felony
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16 offense enumerated in this subsection or a similar felony offense
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17 pursuant to the provisions of another state, the United States, or a
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18 military court shall be eligible for the credits provided by the
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19 provisions of subparagraph c of paragraph 2 of subsection D of this
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20 section. Such enumerated offenses include:
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21 1. Assault, battery, or assault and battery with a dangerous
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22 weapon as defined by Section 645, subsection C of Section 652 of
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23 Title 21, or Section 2-219 of Title 43A of the Oklahoma Statutes;
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1 2. Aggravated assault and battery on a police officer, sheriff,
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2 highway patrolman, or any other officer of the law as defined by
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3 Section 650, subsection C of Section 650.2, Section 650.5,
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4 subsection B of Section 650.6, or subsection C of Section 650.7 of
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5 Title 21 of the Oklahoma Statutes;
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6 3. Poisoning with intent to kill as defined by Section 651 of
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7 Title 21 of the Oklahoma Statutes;
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8 4. Shooting with intent to kill as defined by Section 652 of
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9 Title 21 of the Oklahoma Statutes;
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10 5. Assault with intent to kill as defined by Section 653 of
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11 Title 21 of the Oklahoma Statutes;
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12 6. Assault with intent to commit a felony as defined by Section
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13 681 of Title 21 of the Oklahoma Statutes;
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14 7. Assaults while masked or disguised as defined by Section
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15 1303 of Title 21 of the Oklahoma Statutes;
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16 8. Entering premises of another while masked as defined by
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17 Section 1302 of Title 21 of the Oklahoma Statutes;
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18 9. Murder in the first degree as defined by Section 701.7 of
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19 Title 21 of the Oklahoma Statutes;
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20 10. Solicitation for Murder murder in the first degree as
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21 defined by Section 701.16 of Title 21 of the Oklahoma Statutes;
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22 11. Murder in the second degree as defined by Section 701.8 of
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23 Title 21 of the Oklahoma Statutes;
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1 12. Manslaughter in the first degree as defined by Section 711
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2 or 712 of Title 21 of the Oklahoma Statutes;
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3 13. Manslaughter in the second degree as defined by Section 716
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4 or 717 of Title 21 of the Oklahoma Statutes;
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5 14. Kidnapping as defined by Section 741 of Title 21 of the
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6 Oklahoma Statutes;
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7 15. Burglary in the first degree as defined by Section 1431 of
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8 Title 21 of the Oklahoma Statutes;
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9 16. Burglary with explosives as defined by Section 1441 of
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10 Title 21 of the Oklahoma Statutes;
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11 17. Kidnapping for extortion as defined by Section 745 of Title
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12 21 of the Oklahoma Statutes;
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13 18. Maiming as defined by Section 751 of Title 21 of the
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14 Oklahoma Statutes;
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15 19. Robbery as defined by Section 791 of Title 21 of the
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16 Oklahoma Statutes;
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17 20. Robbery in the first degree as defined by Section 797 of
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18 Title 21 of the Oklahoma Statutes;
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19 21. Robbery in the second degree as defined by Section 797 of
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20 Title 21 of the Oklahoma Statutes;
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21 22. Armed robbery as defined by Section 801 of Title 21 of the
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22 Oklahoma Statutes;
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23 23. Robbery by two or more persons as defined by Section 800 of
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24 Title 21 of the Oklahoma Statutes;
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1 24. Robbery with dangerous weapon or imitation firearm as
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2 defined by Section 801 of Title 21 of the Oklahoma Statutes;
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3 25. Any crime against a child provided for in Section 843.5 of
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4 Title 21 of the Oklahoma Statutes;
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5 26. Wiring any equipment, or equipping any vehicle or structure
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6 with explosives as defined by Section 849 of Title 21 of the
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7 Oklahoma Statutes;
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8 27. Forcible sodomy as defined by Section 888 of Title 21 of
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9 the Oklahoma Statutes;
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10 28. Rape in the first degree as defined by Sections 1111 and
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11 1114 of Title 21 of the Oklahoma Statutes;
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12 29. Rape in the second degree as defined by Sections 1111 and
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13 1114 of Title 21 of the Oklahoma Statutes;
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14 30. Rape by instrumentation as defined by Section 1111.1 of
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15 Title 21 of the Oklahoma Statutes;
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16 31. Lewd or indecent proposition or lewd or indecent act with a
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17 child as defined by Section 1123 of Title 21 of the Oklahoma
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18 Statutes;
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19 32. Sexual battery of a person over 16 as defined by Section
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20 1123 of Title 21 of the Oklahoma Statutes;
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21 33. Use of a firearm or offensive weapon to commit or attempt
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22 to commit a felony as defined by Section 1287 of Title 21 of the
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23 Oklahoma Statutes;
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1 34. Pointing firearms as defined by Section 1289.16 of Title 21
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2 of the Oklahoma Statutes;
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3 35. Rioting as defined by Section 1311 or 1321.8 of Title 21 of
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4 the Oklahoma Statutes;
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5 36. Inciting to riot as defined by Section 1320.2 of Title 21
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6 of the Oklahoma Statutes;
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7 37. Arson in the first degree as defined by Section 1401 of
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8 Title 21 of the Oklahoma Statutes;
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9 38. Endangering human life during arson as defined by Section
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10 1405 of Title 21 of the Oklahoma Statutes;
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11 39. Injuring or burning public buildings as defined by Section
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12 349 of Title 21 of the Oklahoma Statutes;
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13 40. Sabotage as defined by Section 1262, 1265.4 or 1265.5 of
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14 Title 21 of the Oklahoma Statutes;
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15 41. Extortion as defined by Section 1481 or 1486 of Title 21 of
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16 the Oklahoma Statutes;
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17 42. Obtaining signature by extortion as defined by Section 1485
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18 of Title 21 of the Oklahoma Statutes;
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19 43. Seizure of a bus, discharging firearm or hurling missile at
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20 bus as defined by Section 1903 of Title 21 of the Oklahoma Statutes;
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21 44. Mistreatment of a vulnerable adult as defined by Section
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22 843.1 of Title 21 of the Oklahoma Statutes;
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23 45. Sex offender providing services to a child as defined by
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24 Section 404.1 of Title 10 of the Oklahoma Statutes;
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1 46. A felony offense of domestic abuse as defined by subsection
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2 C of Section 644 of Title 21 of the Oklahoma Statutes;
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3 47. Prisoner placing body fluid on government employee as
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4 defined by Section 650.9 of Title 21 of the Oklahoma Statutes;
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5 48. Poisoning food or water supply as defined by Section 832 of
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6 Title 21 of the Oklahoma Statutes;
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7 49. Trafficking in children as defined by Section 866 of Title
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8 21 of the Oklahoma Statutes;
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9 50. Incest as defined by Section 885 of Title 21 of the
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10 Oklahoma Statutes;
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11 51. Procure, produce, distribute, or possess juvenile
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12 pornography child sexual abuse material as defined by Section 1021.2
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13 of Title 21 of the Oklahoma Statutes;
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14 52. Parental consent to juvenile pornography child sexual abuse
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15 material as defined by Section 1021.3 of Title 21 of the Oklahoma
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16 Statutes;
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17 53. Soliciting minor for indecent exposure as defined by
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18 Section 1021 of Title 21 of the Oklahoma Statutes;
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19 54. Distributing obscene material or child pornography sexual
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20 abuse material as defined by Section 1040.13 of Title 21 of the
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21 Oklahoma Statutes;
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22 55. Child sex trafficking as defined by Section 1030 of Title
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23 21 of the Oklahoma Statutes;
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1 56. Procuring a minor for child sex trafficking or other lewd
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2 acts as defined by Section 1087 of Title 21 of the Oklahoma
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3 Statutes;
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4 57. Transporting a child under eighteen (18) years of age for
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5 purposes of child sex trafficking as defined by Section 1087 of
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6 Title 21 of the Oklahoma Statutes;
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7 58. Inducing a minor to engage in child sex trafficking as
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8 defined by Section 1088 of Title 21 of the Oklahoma Statutes;
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9 59. A felony offense of stalking as defined by subsection D of
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10 Section 1173 of Title 21 of the Oklahoma Statutes;
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11 60. Spread of infectious diseases as defined by Section 1192 of
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12 Title 21 of the Oklahoma Statutes;
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13 61. Advocate overthrow of government by force, commit or
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14 attempt to commit acts to overthrow the government, organize or
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15 provide assistance to groups to overthrow the government as defined
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16 by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma
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17 Statutes;
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18 62. Feloniously discharging a firearm as defined by Section
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19 1289.17A of Title 21 of the Oklahoma Statutes;
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20 63. Possession, use, manufacture, or threat of incendiary
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21 device as defined by Section 1767.1 of Title 21 of the Oklahoma
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22 Statutes;
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1 64. Causing a personal injury accident while driving under the
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2 influence as defined by Section 11-904 of Title 47 of the Oklahoma
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3 Statutes; or
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4 65. Using a motor vehicle to facilitate the discharge of a
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5 firearm as defined by Section 652 of Title 21 of the Oklahoma
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6 Statutes.
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7 F. The policy and procedure developed by the Department of
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8 Corrections shall include provisions for adjustment review
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9 committees of not less than three members for each such committee.
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10 Each committee shall consist of a classification team supervisor who
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11 shall act as chairman, the case manager for the inmate being
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12 reviewed or classified, a correctional officer or inmate counselor,
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13 and not more than two other members, if deemed necessary, determined
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14 pursuant to policy and procedure to be appropriate for the specific
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15 adjustment review committee or committees to which they are
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16 assigned. At least once every four (4) months the adjustment review
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17 committee for each inmate shall evaluate the class level status and
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18 performance of the inmate and determine whether or not the class
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19 level for the inmate should be changed.
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20 Any inmate who feels aggrieved by a decision made by an
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21 adjustment review committee may utilize normal grievance procedures
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22 in effect with the Department of Corrections and in effect at the
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23 facility in which the inmate is incarcerated.
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1 G. Inmates granted medical leaves for treatment that cannot be
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2 furnished at the penal institution where incarcerated shall be
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3 allowed the time spent on medical leave as time served. Any inmate
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4 placed into administrative segregation for nondisciplinary reasons
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5 by the institution's administration may be placed in Class 2. The
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6 length of any jail term served by an inmate before being transported
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7 to a state correctional institution pursuant to a judgment and
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8 sentence of incarceration shall be deducted from the term of
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9 imprisonment at the state correctional institution. Inmates
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10 sentenced to the Department of Corrections and detained in a county
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11 jail as a result of the Department's reception scheduling procedure
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12 shall be awarded earned credits as provided for in subparagraph b of
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13 paragraph 1 of subsection D of this section, beginning on the date
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14 of the judgment and sentence, unless the inmate is convicted of a
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15 misdemeanor or felony committed in the jail while the inmate is
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16 awaiting transport to the Lexington Assessment and Reception Center
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17 or other assessment and reception location determined by the
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18 Director of the Department of Corrections.
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19 H. Additional achievement earned credits for successful
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20 completion of departmentally approved programs or for attaining
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21 goals or standards set by the Department shall be awarded as
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22 follows:
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23 Bachelor's degree......................200 credits;
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24 Associate's degree.....................100 credits;
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1 High School Diploma or High School
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2 Equivalency Diploma...................90 credits;
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3 Certification of Completion of
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4 Vocational Training...................80 credits;
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5 Successful completion of
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6 Alcohol/Chemical Abuse Treatment
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7 Program of not less than four (4)
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8 months continuous participation.......70 credits;
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9 Successful completion of other
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10 Educational Accomplishments or
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11 other programs not specified in
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12 this subsection....................10-30 credits;
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13 Achievement earned credits are subject to loss and restoration in
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14 the same manner as earned credits. Achievement earned credits may
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15 be attained by an inmate in a county jail who is awaiting trial,
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16 sentencing, or transfer to custody of the Department of Corrections.
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17 Achievement earned credits attained by an inmate awaiting trial,
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18 sentencing, or transfer to the custody of the Department of
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19 Corrections are not transferable to subsequent convictions.
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20 I. The accumulated time of every inmate shall be tallied
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21 monthly and maintained by the institution where the term of
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22 imprisonment is being served. A record of said such accumulated
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23 time shall be:
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1 1. Sent to the administrative office of the Department of
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2 Corrections on a quarterly basis; and
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3 2. Provided to the inmate.
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4 SECTION 2. This act shall become effective November 1, 2025.
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6 60-1-1402 CN 1/19/2025 5:41:27 AM
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Req. No. 1402 Page 17Every fact on this page links to its source, starting with the official bill record.