STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 819	By:	Allen

AS INTRODUCED

An Act relating to illegal immigration; amending Section 2, Chapter 455, O.S.L. 2009 (57 O.S. Supp. 2010, Section 530.4), which relates to the Oklahoma Criminal Illegal Alien Rapid Repatriation Act of 2009; requiring certain release of prisoners for deportation under certain circumstances; modifying release authority for certain crimes; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 2, Chapter 455, O.S.L. 2009 (57 O.S. Supp. 2010, Section 530.4), is amended to read as follows:
Section 530.4  A.  Notwithstanding any law to the contrary, the Director of the Department of Corrections may shall release a prisoner to the custody and control of the United States Immigration and Customs Enforcement without prejudice to nationality, color, race, religion, or gender, provided the Department has received an order of deportation for the prisoner from the United States Citizenship and Immigration Services, the prisoner has served at least one-third (1/3) of the total amount of incarceration imposed by the court, and unless the prisoner has not been convicted of an offense as provided in pursuant to Section 13.1 of Title 21 of the Oklahoma Statutes.  The Director shall consider all sentences being served when calculating the total amount of incarceration, but shall not consider the suspended portion of any sentence. The Director may only release a prisoner convicted of an offense pursuant to Section 13.1 of Title 21 of the Oklahoma Statutes upon receipt of an order of deportation for the prisoner from the United States Citizenship and Immigration Services and upon completion of any statutorily required punishment or penalty of the court, if applicable.
B.  If a prisoner released pursuant to this section returns illegally to the United States, upon notice from any federal or state law enforcement agency that the prisoner is incarcerated, the Director shall revoke the release of the prisoner and the prisoner shall serve the remainder of the incarceration originally imposed by the court.  The prisoner shall not thereafter be eligible for parole on any sentence affected by the release provided above.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-752	MD	1/20/2011 11:26:19 AM