Okla. Stat. tit. 57, § 57-138v2

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 is equivalent to

one (1) day of incarceration. Lost credits may be restored by the

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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

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.

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

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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
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;

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

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

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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:

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
ose 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:

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,

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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;

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;

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;

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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;
ehicle 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;

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;

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;

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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;

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;
fined 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;

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

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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.

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:

High School Diploma or High School

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Certification of Completion of

Successful completion of

Alcohol/Chemical Abuse Treatment

Program of not less than four (4)

Successful completion of other

Educational Accomplishments or
y approved programs or for attaining

goals or standards set by the Department shall be awarded as

follows:

High School Diploma or High School

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Certification of Completion of

Successful completion of

Alcohol/Chemical Abuse Treatment

Program of not less than four (4)

Successful completion of other

Educational Accomplishments or

other programs not specified in

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.