STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 882	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to parole; making certain information open to public inspection; requiring training materials be published; requiring certain statistical report at conclusion of hearing; granting review and contest of certain information at hearing; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 332.7b of Title 57, unless there is created a duplication in numbering, reads as follows:
A.  Any guidelines for hearings, meetings, investigations or reports promulgated by the Pardon and Parole Board shall be available for public inspection.
B.  Any rules, forms or procedures promulgated by the Pardon and Parole Board for consideration or reconsideration of persons for any form of clemency, whether the controlling or any related offense is deemed violent or nonviolent, shall be open for public inspection.
C.  The Pardon and Parole Board shall prepare and publish a training manual pursuant to Section 332.1A of Title 57 of the Oklahoma Statutes for Board members and such materials shall be open for public inspection.
D.  Any report delivered to Board members, whether prepared by staff of the Pardon and Parole Board, or based upon an investigation of a person, or based upon any information received pursuant to 332.7a of Title 57 of the Oklahoma Statutes, shall be open for public inspection; provided, however, any witness's or victim's name, address, phone number, photographs, and any other personal identifying information about a victim or witness, shall be redacted from such report or reports when made available for public inspection.  Nothing in this section shall be construed to require investigation information or investigative reports be made public, if otherwise exempt under the Oklahoma Open Records Act and not provided to Board members.
E.  At the conclusion of an initial and any subsequent hearing or meeting authorized by Section 332.7 of Title 57 of the Oklahoma Statutes, the Pardon and Parole Board shall prepare a statistical report for public release of its decisions based upon its docket. For each person on the docket or under consideration at any hearing or meeting the Board shall provide data as follows:
1.  The offense;
2.  Time given on the sentence for the offense;
3.  Time served on the sentence for the offense prior to being placed on the docket or considered for hearing;
4.  All concurrent or consecutive sentences of any offense related in any manner to the offense;
5.  Number of prior convictions;
6.  List of any pending charges;
7.  Biographical information including, but not limited to, age, ethnic background or nationality, gender, marital status and number of minor children;
8.  A brief explanation of any information provided at the hearing that was not in the reports or information provided to Board members;
9.  Whether there were any objections and if so whom;
10.  Whether a victim impact statement was considered;
11.  Whether the person had been previously considered, and if so, the date of the prior consideration; and
12.  The Pardon and Parole Board's decision.
F.  Any person to be placed upon a docket for consideration by the Pardon and Parole Board shall have the right to review any information contained in any report or other information given to the Board member prior to the hearing, and to contest the validity of such information, if substantially inaccurate or misleading, at the hearing.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-1256	LKS	1/17/2013 3:15:36 PM