reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 15 - Commutation Procedures › Subchapter 11 - Board Review Process and Commutation Application Hearing › Section 515:15-11-4 - Trial Officials appearances and communication with the Board

Current through Vol. 41, No. 20, July 1, 2024
(a)
Trial Officials appearance.
During a Stage Two review, a portion of each meeting will be set aside for the
				Trial Officials to address the members of the Board for a maximum of five
				minutes. This will occur at a separate time from the Inmate's personal
				appearance.
(b)
In lieu of
				attendance.
As an alternative option to attending, Trial Officials may
				provide protest or support communication to the administrative office of the
				Board or via email at BoardCommunications@ppb.ok.gov.
(c)
Submission deadline for written
				correspondence.
The deadline for submission of emails or written
				correspondence is the close of business on the Tuesday prior to the Board
				meeting on which the Stage Two review date is docketed.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 15 - Commutation Procedures › Subchapter 11 - Board Review Process and Commutation Application Hearing › Section 515:15-11-5 - Victims or Victim Representative appearances and communication with the Board

Current through Vol. 41, No. 20, July 1, 2024
(a)
Victim or
				Victim Representative appearances.
During a Stage Two review, a portion
				of each meeting will be set aside for the members of the Board to hear from and
				ask questions of the Victims or Victim Representatives. No more than two
				Victims and/or Victim Representatives per Inmate may appear and only one will
				be allowed to address the Board for a maximum of five (5) minutes. In cases in
				which there are multiple Victims, the Board may hear from more than one Victim
				and/or Victim Representative at the discretion of the Chair and within the time
				constraints of the meeting.
(b)
Confirmation number.
In order to speak before the Board, a Victim
				or Victim Representative must obtain a confirmation number from the Board's
				administrative office. The deadline to obtain a confirmation number is 4:00
				p.m. on the last full business day preceding the Board meeting at which the
				Board will consider the application.
(c)
Confidentiality.
Any Victim
				or Victim Representative that appears at the meeting and addresses the Board
				waives confidentiality concerning their appearance at the meeting and the
				statements made during the meeting. Confidentiality is maintained when written
				protests or support communications are provided.
(d)
In lieu of attendance.
As an
				alternative option to attending, a Victim or Victim Representative may provide
				written protest or support communication to the administrative office of the
				Board or via email at BoardCommunications@ppb.ok.gov.
(e)
Submission deadline for written
				correspondence.
The deadline for submission of emails or written
				correspondence is the close of business of the Board's administrative office on
				the Tuesday prior to the Board meeting on which the Stage Two review is
				docketed.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 15 - Commutation Procedures › Subchapter 11 - Board Review Process and Commutation Application Hearing › Section 515:15-11-6 - Delegate appearances and communication with the Board

Current through Vol. 41, No. 20, July 1, 2024
(a)
Delegate appearances.
During
				Stage Two review, Delegates will be allowed to appear along with the Inmate,
				either at the Board meeting location or at the video host facility on the
				designated day and scheduled time.
(b)
Delegate attendance.
No more
				than two Delegates may appear on behalf of an Inmate and only one Delegate will
				be allowed to address the Board for a maximum of five (5) minutes.
(c)
Confirmation number.
In
				order to speak before the Board, a Delegate must obtain a confirmation number
				from the Board's administrative office. The deadline to obtain a confirmation
				number is by 4:00 p.m. on the Friday prior to the Board meeting.
(d)
In lieu of attendance.
As an
				alternative option to attending, the Delegate may provide protest or support
				communication to the administrative office of the Board or via email at
				BoardCommunications@ppb.ok.gov.
(e)
Submission of written correspondence.
The deadline for submission
				of emails or written correspondence is the close of business of the Board's
				administrative office on the Tuesday prior to the Board meeting on which the
				Stage Two review is scheduled.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 15 - Commutation Procedures › Subchapter 11 - Board Review Process and Commutation Application Hearing › Section 515:15-11-7 - Enhanced Stage Two review

Current through Vol. 41, No. 20, July 1, 2024
(a)
Waiving of default limits.
During an Initial Review, the Board may
				vote to pass the Inmate to a Stage Two review without the default limits on
				time and the number of speakers, if a majority of the Board concurs that it is
				in the interest of the Inmate's due process rights, the public interest, and/or
				necessary to fully consider and investigate the commutation
				application.
(b)
Discretion
				of the Chair.
If the Board votes to waive the default limits for a Stage
				Two review, it is at the discretion of the Chair how much additional time will
				be allotted and the number of interested parties who may speak in support or
				protest of the Inmate's commutation.
(c)
Equal proportions.
The
				increases in time and permissible speakers prescribed by the Chair shall be
				allocated in equal proportions between the Trial Officials, Victims or Victim
				Representatives, and the Delegates.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 15 - Commutation Procedures › Subchapter 11 - Board Review Process and Commutation Application Hearing › Section 515:15-11-8 - Consideration during the current gubernatorial term

Current through Vol. 41, No. 20, July 1, 2024
All complete and eligible applications received by the end of
				  the year preceding a gubernatorial election will be considered by the Board
				  appointed in the current term, and recommendations will be submitted to the
				  Governor before the expiration of the Governor's current term. Applications
				  received in the final year of a gubernatorial term will be docketed based upon
				  the date of receipt.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 15 - Commutation Procedures › Subchapter 13 - Board Recommendation › Section 515:15-13-1 - Board recommendation

Current through Vol. 41, No. 20, July 1, 2024
After the personal appearance, the Board will vote to either
				  favorably recommend a commutation or deny the request. There are no limitations
				  on the factors that the Board may consider in making its recommendation to the
				  Governor. If a favorable vote is received, the Board's recommendation, the
				  commutation application, along with any protests and support letters, will be
				  forwarded to the Governor.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 15 - Commutation Procedures › Subchapter 13 - Board Recommendation › Section 515:15-13-2 - Status results

Current through Vol. 41, No. 20, July 1, 2024
(a)
Telephone.
Anyone may call the administrative office of the Board
				after 2:00 p.m. on the Monday following a Board meeting to inquire about the
				Board's recommendation on a specific commutation application.
(b)
Internet posting.
Following
				a Board meeting, results will be posted on the Board's website in a timely
				manner but no later than twenty (20) business days after the meeting.
(c)
Victim and Victim Representative.
A Victim or Victim Representative registered with the Victim
				Notification Program will be notified in writing of the Board's recommendation
				no later than twenty (20) days after the meeting.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 15 - Commutation Procedures › Subchapter 15 - Reapplication › Section 515:15-15-1 - Reapplication after an unfavorable recommendation

Current through Vol. 41, No. 20, July 1, 2024
An Applicant may reapply after an unfavorable
				  recommendation:
1) upon recommendation
				from the Governor;
2) if there has
				been a statutory change in the penalty for the crime; or,
3) three years from the last date of denial.
				After receiving a favorable commutation of a sentence from the Governor, an
				Inmate is ineligible to apply for an additional commutation on the same
				sentence.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 1 - General Provisions › Section 515:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
This Chapter
				establishes rules and procedures used by the Pardon and Parole Board to
				implement the provisions of Article 6 Section 10 of the Oklahoma Constitution,
				Title 57 O.S. Section
				332.2,
				and Title 57 O.S. §
									332.19.
(b)
Scope.
The rules in this
				Chapter include, but are not limited to procedures for making application for a
				pardon and the procedures for the Pardon and Parole Board's review and hearing
				process for pardons. This Chapter is not intended to limit or expand the
				authority of the Pardon and Parole Board. The Pardon and Parole Board may
				address any matter under its authority and change any procedure for good
				cause.
(c)
Severability.
The repeal or invalidity of any particular rule of this Chapter shall
				not affect other rules.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 3 - Pardon Eligibility Criteria › Section 515:20-3-1 - General eligibility

Current through Vol. 41, No. 20, July 1, 2024
A person must meet the following criteria for all
				  convictions for which a pardon is being requested:
(1) Must have been convicted of an Oklahoma
				law violation, either a felony or misdemeanor, or a crime of moral turpitude
				involving alcohol or an illegal drug offense in an Oklahoma Municipal Court.
				Traffic misdemeanor convictions are NOT eligible for a pardon.
(2) Must either have discharged all
				sentences, including supervision, or successfully completed five consecutive
				years of parole or probation immediately prior to application with no new
				offenses and, if still under supervision, a favorable recommendation from the
				applicant's supervising officer.
(3) Must have paid all fines, fees,
				restitution, court costs, etc. in full.
(4) Must not have any new or pending charges,
				unresolved detainers, warrants, tax liens, or child support
				arrearages.
(5) Must not currently
				be in jail or prison.
(6) Must not
				have been considered for a pardon within the previous three (3)
				years.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 3 - Pardon Eligibility Criteria › Section 515:20-3-2 - Application ineligibility

Current through Vol. 41, No. 20, July 1, 2024
If an ineligible application is submitted, the administrative
				  staff of the Board will notify the Applicant in writing. Applications for
				  pardon consideration will be deemed ineligible at any point in the pardon
				  process if the Applicant is arrested, charged with a new criminal offense, or
				  incarcerated prior to Board review. The Applicant may re-apply once all
				  eligibility criteria have been met.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 5 - Pardon Application › Section 515:20-5-1 - Applications for pardon

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
The Board shall adopt a pardon application to be used
				for pardon requests and pardons based on actual innocence The pardon
				applications and instructions shall be posted on the Board's website at
www.ok.gov/ppb
. Applications must be
				completed as specified in the instructions.
(b)
Application form.
The most
				current application form posted on the website must be used. Outdated
				application forms will be returned.
(c)
Altered applications.
Applications which have been altered in any manner will be returned with a
				request to submit the application on the Board approved form.
(d)
Submitting an application.
Completed applications may be hand-delivered or mailed to the administrative
				office of the Board.
(e)
Address change.
If an Applicant has an address change at any point
				after submitting the application, the administrative office of the Board should
				be contacted via telephone, email, or in writing to provide the Applicant's new
				address. Applicants are responsible for maintaining current addresses with the
				administrative staff of the Board.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 5 - Pardon Application › Section 515:20-5-2 - Incomplete applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Incomplete application notification.
If an application is
				incomplete, a notification letter will be mailed to the address provided by the
				Applicant.
(b)
Missing
				information deadline.
From the date of the notification letter, the
				Applicant will be provided a ninety (90) day deadline in which to provide the
				missing information. No further action by the Pardon and Parole Board will be
				taken on an incomplete application until the missing information is
				provided.
(c)
Withdrawn
				applications.
Applications that are withdrawn by the Applicant will be
				moved to inactive status.
(d)
Inactive status.
Withdrawn applications and those that remain
				incomplete following the 90-day deadline will be automatically moved to
				inactive status and the disposition of the application will follow the Board's
				published Records Disposition schedule.
(e)
Return of the incomplete
				application.
The incomplete application will not be returned to the
				Applicant or legal representative for the Applicant. Prior to the disposition
				of the records, a copy of the incomplete application and certified documents
				submitted with the application may be obtained through an Open Records Request,
				along with payment in accordance with the published fee schedule. The
				application and certified documents submitted with the application may also be
				picked up at the Board's administrative office prior to the scheduled
				disposition of the records.
(f)
Illegible applications.
Applicants who have submitted an illegible
				application will be notified in writing along with a request that a legible or
				typed application be resubmitted.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 7 - Pre-Pardon Investigations › Section 515:20-7-1 - Pre-pardon investigation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application verification.
All of the information in the pardon
				application must be verified, including the information in the required
				attachments. The pardon application review process can last six (6) months to
				one year prior to placement on a docket.
(b)
Referral to the Department of
				Corrections.
After a pardon application is received, the application is
				electronically forwarded and assigned to the appropriate Oklahoma Department of
				Correction's Probation and Parole District to perform a Pre-Pardon
				Investigation.
(c)
NCIC
				reports.
As a part of the application verification process, NCIC reports
				are requested and attached to the application.
(d)
Timeline.
The investigating
				authority is allowed up to seventy (70) days from the time that the application
				is assigned to complete a pre-pardon investigation and then compile a report
				for the Board.
(e)
Extensions.
Extensions of deadlines may be granted by the
				Executive Director or his/her designee when circumstances warrant.
(f)
Past-due investigations.
If
				a report is overdue, the appropriate investigator or Probation and Parole
				District office will be contacted to determine the status of the
				investigation.
(g)
Docketing.
Once the Pre-Pardon Investigation report is provided to
				the administrative office, the application will be placed on the next available
				docket for pardon consideration.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 9 - Victim Notification › Section 515:20-9-1 - Victim registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Victim notification program.
The Board utilizes the Victim
				Notification Program to notify a registered Victim or Victim Representative of
				an Applicant's request for a pardon.
(b)
Registration.
A Victim or
				Victim Representative may register with the Victim Notification Program by
				contacting the administrative staff at 405/521-6600 to obtain a copy of the
				form. The form is also available on the website at
www.ok.gov/PPB/Victim
Notification
				Program, or by contacting the Victim Witness Coordinator in the District
				Attorney's Office in the county where the Applicant was prosecuted. A completed
				form can be mailed or emailed to the administrative office of the Board or
				emailed as per the directions on the form.
(c)
Change of address.
In order
				to ensure continued notifications from the Board, changes of address of the
				Victim or Victim Representative must be provided in writing to the
				administrative offices of the Board.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 11 - Application Notification › Section 515:20-11-1 - Notification of and response to pardon application

Current through Vol. 41, No. 20, July 1, 2024
(a)
District Attorneys.
Within
				twenty (20) business days after receipt of an application, a copy of the pardon
				application will be provided to the Office of the District Attorney in the
				county where the Applicant was prosecuted. The District Attorney shall have
				twenty (20) business days to provide written recommendation or protest prior to
				the consideration of the application.
(b)
Victim or Victim
				Representative.
Within twenty (20) business days after receipt of an
				application, a copy of the pardon application will be provided to the
				registered Victim or Victim Representative. The Victim or Victim Representative
				shall have twenty (20) business days to provide written recommendation or
				protest prior to the consideration of the application.
(c)
Office of the Attorney General.
Within twenty (20) business days after receipt of an application, a
				copy of the completed pardon application will be provided to the Office of the
				Attorney General.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 11 - Application Notification › Section 515:20-11-2 - Notification of a docketed application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Internet posting.
Each month, the Pardon Docket will be posted on
				the Board's website at
www.ok.gov/ppb
at
				least twenty (20) days before each meeting and is available to the
				public.
(b)
Paper copy of
				docket.
Anyone may request a paper copy of the docket through an Open
				Records Request. The request will be filled in a timely manner and the
				published fee schedule will apply.
(c)
Victim or Victim
				Representative.
A registered Victim or Victim Representative will be
				notified in writing at least twenty (20) days prior to the date that the
				application has been scheduled for consideration by the Board.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 13 - Board Review Process and Pardon Application Hearing › Section 515:20-13-1 - Application review process

Current through Vol. 41, No. 20, July 1, 2024
All complete pardon applications shall be set for review
				  during a regular meeting of the Board. Applications for pardon consideration
				  will be stricken from the docket at any point in the pardon process if the
				  Applicant is arrested, charged with a new criminal offense, or incarcerated
				  prior to Board review.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 13 - Board Review Process and Pardon Application Hearing › Section 515:20-13-2 - Attendance

Current through Vol. 41, No. 20, July 1, 2024
Board meetings, including pardon application hearings, are
				  open to the public, except when exclusion is allowed by law. Admittance may be
				  limited by security regulations as well as the capacity of the meeting room.
				  Meetings are conducted at the Department of Corrections facilities and the
				  Department of Corrections is responsible for the security. Questions of
				  admittance to the facility hosting the meeting will be determined by the
				  Department of Corrections.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 13 - Board Review Process and Pardon Application Hearing › Section 515:20-13-3 - Applicant attendance

Current through Vol. 41, No. 20, July 1, 2024
An Applicant may choose to appear before the Board and speak
				  on his/her behalf. Applicants may bring a representative with them; however,
				  only one person will be allowed to speak to the Board regarding the reasons for
				  requesting the pardon. The speaker will be given five (5) minutes to speak to
				  the Board. The Board Members may or may not have questions for the
				  Applicant.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 13 - Board Review Process and Pardon Application Hearing › Section 515:20-13-4 - District Attorney appearances and communication with the Board

Current through Vol. 41, No. 20, July 1, 2024
(a)
District Attorney
				appearance.
A portion of each meeting will be set aside for the members
				of the Board to hear from and ask questions of the District Attorneys and other
				law enforcement personnel. This will occur at a separate time from the
				Applicant's personal appearance.
(b)
Confirmation Number.
In
				order to speak before the Board, District Attorneys or designees, and other law
				enforcement personnel must obtain a confirmation number from the administrative
				office. The deadline to obtain a confirmation number is 4:00 p.m. on the last
				full business day preceding the Board meeting at which the Board will consider
				the application.
(c)
In lieu
				of attendance.
In lieu of attending in person, District Attorneys or
				designees, and other law enforcement personnel may provide written
				correspondence via email to BoardCommunications@ppb.ok.gov or mail it to the
				administrative office of the Board.
(d)
Submission deadline for written
				correspondence.
The deadline for receipt of written correspondence is by
				the close of business on the Tuesday preceding a Board meeting.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 13 - Board Review Process and Pardon Application Hearing › Section 515:20-13-5 - Victim or Victim Representative appearances and communication with the Board

Current through Vol. 41, No. 20, July 1, 2024
(a)
Victim or
				Victim Representative appearances.
A portion of each meeting will be set
				aside for the members of the Board to hear from and ask questions of the Victim
				or Victim Representative. No more than two Victims and/or Victim
				Representatives may appear and only one will be allowed to address the Board
				for a maximum of five (5) minutes. In cases in which there are multiple
				Victims, the Board may hear from more than one Victim and/or Victim
				Representative at the discretion of the Chair and with within the time
				constraints of the meeting.
(b)
Confirmation number.
In order to speak before the Board, a Victim
				or Victim Representative must obtain a confirmation number from the Board's
				administrative office. The deadline to obtain a confirmation number is 4:00
				p.m. on the last full business day preceding the Board meeting at which the
				Board will consider the application.
(c)
Confidentiality.
Any Victim
				or Victim Representative that appears at the meeting and addresses the Board
				waives confidentiality concerning their appearance at the meeting and the
				statements made during the meeting. Confidentiality is maintained when written
				protests or support communication are provided.
(d)
In lieu of attendance.
As an
				option to attending, a Victim or Victim Representative may provide written
				protest or support communication to the administrative office of the Board or
				via email at BoardCommunications@ppb.ok.gov.
(e)
Submission deadline for written
				correspondence.
The deadline for submission of emails or written
				correspondence is by the close of business of the administrative office of the
				Board on the Tuesday prior to the Board meeting on which the application is
				docketed.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 15 - Board Recommendation and Governor's Action › Section 515:20-15-1 - Board recommendation

Current through Vol. 41, No. 20, July 1, 2024
After the pardon application is reviewed, the Board will vote
				  to either recommend a pardon or deny the request; however, votes are not final
				  until the conclusion of the full meeting. There are no limitations on the
				  factors that the Pardon and Parole Board may consider in making its
				  recommendation to the Governor. If a favorable vote is received, the Board's
				  recommendation, the pardon application, along with any protests and support
				  letters, and a draft Pardon certificate will be forwarded to the Governor
				  within thirty (30) days.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 15 - Board Recommendation and Governor's Action › Section 515:20-15-2 - Status results

Current through Vol. 41, No. 20, July 1, 2024
(a)
Telephone.
Anyone may call the administrative offices of the Board
				after 2:00 p.m. on the Monday following a Board meeting to inquire about the
				Board's recommendation on a specific Pardon Application.
(b)
Internet posting.
Results
				from a Board meeting will be posted on the Board's website in a timely manner
				but not later than twenty (20) business days after the meeting. Results from a
				Board meeting will remain posted on the Board's website for no less than sixty
				(60) days following the meeting.
(c)
Victim and Victim
				Representative.
Victims and Victim Representatives who are registered
				will be notified in writing of the Board's recommendation no later than twenty
				(20) days after the meeting.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 15 - Board Recommendation and Governor's Action › Section 515:20-15-3 - Governor review and action

Current through Vol. 41, No. 20, July 1, 2024
(a)
Governor review.
After the Board has recommended a pardon, the
				Governor has ninety (90) days to determine whether to grant or deny the
				pardon.
(b)
Governor
				action.
If the Governor grants the pardon request, the Pardon
				Certificate will be signed as approved. If the Governor denies the pardon
				request, the Governor will indicate denied on the Pardon Certificate. The
				Governor will file granted and denied Pardon Certificates with the Oklahoma
				Secretary of State.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 17 - Process Following Pardon Approval or Denial › Section 515:20-17-1 - Pardon notifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicant notification.
When the administrative staff of the Board
				receives notification of the Governor's action for the pardon consideration,
				the Applicant will be notified in writing. If the pardon is granted, the
				Applicant will also receive a copy of the Pardon Certificate. A granted pardon
				is effective as per the date on the Pardon Certificate.
(b)
Other agency notification.
If the pardon is granted, the following agencies will be notified and provided
				a copy of the Pardon Certificate:
1)
				Department of Corrections;
2)
				Oklahoma State Bureau of Investigation; and
3) Court clerk of the sentencing
				county.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 20 - Pardon Procedures › Subchapter 17 - Process Following Pardon Approval or Denial › Section 515:20-17-2 - Reapplication after denial

Current through Vol. 41, No. 20, July 1, 2024
If an Applicant is denied a pardon by either the Board or the
				  Governor, the Applicant may reapply three (3) years from the date of the
				  denial.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 1 - General Provisions › Section 515:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
This Chapter
				establishes rules and procedures used by the Pardon and Parole Board to
				implement the provisions of Article 6, Section 10 of the Oklahoma Constitution
				and Title 57 O.S. §
									332.7.
(b)
Scope.
The rules in this
				Chapter include but are not limited to the Board's procedures for parole
				consideration. This Chapter is not intended to limit or expand the authority of
				the Pardon and Parole Board. The Pardon and Parole Board may change any
				procedure for good cause.
(c)
Severability.
The repeal or invalidity of any particular rule of
				this Chapter shall not affect other rules.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 1 - General Provisions › Section 515:25-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms when used in this Chapter shall
				  have the following meaning unless the context clearly indicates
				  otherwise:
"Administrative office"
means the current main
				  office for the Board, the address of which shall be posted to the Board's
				  public website.
"Board"
means Pardon and Parole Board.
"Executive Director"
means the Executive
				  Director of the Board.
"Inmate"
means a person who is in the physical
				  custody of the Oklahoma Department of Corrections or incarcerated in another
				  jurisdiction under a judgement by an Oklahoma district court.
"Jacket Review"
means the review of the
				  investigative report for the offender, as well as other material sent to the
				  members of the Board, and is applied to those offenders that do not meet
				  personal appearance criteria as determined by the Policy and Procedures
				  Manual.
"Legal representative for the Inmate"
means a
				  person or persons who is licensed to practice law and appointed or authorized
				  to represent the Inmate.
"Non-violent"
means any offense that is not
				  enumerated in 57 O.S. § 571.
"Notice of Inmate Status Change"
means a change
				  in the Inmate's status that may affect parole eligibility such as a sentence
				  commutation, amended judgment and sentence, or rebilling to a consecutive
				  sentence.
"Parole"
means the conditional release of an
				  offender who has served part of the term for which they were sentenced to
				  prison, provided that such may be revoked if the offender fails to observe and
				  abide by the conditions.
"Victim"
means any person against whom the
				  criminal offense or delinquent act is committed or who is directly and
				  proximately harmed by the commission of the offense or act.
"Victim representative"
means a person who is a
				  member of the immediate family of the Victim, including stepparents,
				  stepbrothers, stepsisters, and stepchildren; or it means a representative that
				  the victim chooses to speak on his or her behalf.
"Violent"
means an offense that is enumerated in
				  57 O.S. § 571.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 3 - Initial Parole Consideration › Section 515:25-3-1 - General eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a)
Eligibility.
An Inmate in the custody of the Department of
				Corrections, or incarcerated in another jurisdiction under a judgement by an
				Oklahoma district court, will be assigned a parole consideration date, unless
				an Inmate is:
(1) Projected to discharge the
				sentence currently being served within 180 days of reception or
				rebill;
(2) Committed to Department
				of Corrections custody under the Delayed Sentencing Program, and has not yet
				received a determinate sentence;
(3) Committed to Department of Corrections
				custody for intermediate revocation of post-imprisonment supervision or
				deferred or suspended sentence, or for intermediate sanction for parole
				violation;
(4) Returned as a parole
				violator with less than 28 months remaining to serve;
(5) Sentenced to death;
(6) Sentenced to life without
				parole;
(7) Sentenced to time to
				serve in a non-Department of Corrections facility, such as the county jail,
				in-patient treatment facility, privately operated community facility, or the
				Office of Juvenile Affairs facility as Youthful Offender; or
(8) Returned to custody after being released
				pursuant to the Rapid Repatriation Act.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 3 - Initial Parole Consideration › Section 515:25-3-2 - Modification of parole eligibility date

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of Notice of an Inmate Status Change, the parole
				  investigator will determine whether the event will affect the Inmate's
				  previously calculated docketed date and if it does, will revise the parole
				  eligibility date within 30 days of receipt of the notice of the status
				  change.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 5 - Victim Notification Program › Section 515:25-5-1 - Victim registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Victim notification program.
The Board utilizes the Victim
				Notification Program to notify a registered Victim or Victim Representative of
				an Inmate's commutation application.
(b)
Registration.
A Victim or
				Victim Representative may register with the Victim Notification Program by
				contacting the administrative staff at 405/521-6600 to obtain a copy of the
				form. The form is also available on the website at
www.ok.gov/PPB/Victim
Notification
				Program, or by contacting the Victim Witness Coordinator in the District
				Attorney's office in the county where the Inmate was prosecuted. A completed
				form can be mailed to the administrative office of the Board or emailed as per
				the directions on the form.
(c)
Change of address.
In order to ensure continued notifications from
				the Board, changes of address of the Victim or Victim Representative must be
				provided in writing to administrative office of the Board.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 7 - Parole Hearing Process › Section 515:25-7-1 - Consideration of offenders convicted of non-violent offenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Timing.
Inmates convicted of
				a non-violent offense shall be considered for parole during the regular meeting
				of the Pardon and Parole Board.
(b)
One stage.
Parole hearings for offenders convicted of a
				non-violent offense shall be conducted in one stage.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 7 - Parole Hearing Process › Section 515:25-7-2 - Consideration of offenders convicted of violent offenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Timing.
Inmates convicted of
				a violent offense shall have the first stage of their parole hearing conducted
				during the regular meeting of the Pardon and Parole Board.
(b)
Two stages.
Parole hearings
				for offender convicted of a violent offense shall be conducted in two stages.
(1) During stage one the Pardon and Parole
				Board will vote on whether or not to pass the offender to stage two for parole
				consideration.
(2) During stage two
				the Pardon and Parole Board will vote to determine whether parole is
				recommended for the offender.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 9 - Board Recommendation and Action › Section 515:25-9-1 - Board recommendation on violent offenses

Current through Vol. 41, No. 20, July 1, 2024
At the Stage Two parole hearing for a violent offense, the
				  Board will vote to either favorably recommend or deny parole for the Inmate.
				  There are no limitations on the factors that the Board may consider in making
				  its recommendation to the Governor. If a favorable vote is received, the
				  Board's recommendation, the investigative report, along with any protests and
				  support letters, will be forwarded to the Governor.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 9 - Board Recommendation and Action › Section 515:25-9-2 - Board parole of non-violent offenses

Current through Vol. 41, No. 20, July 1, 2024
At the Inmate's parole hearing for a non-violent offense, the
				  Board will vote to either grant or deny parole to the Inmate. There are no
				  limitations on the factors that the Board may consider in making its decision.
				  If a favorable vote is received, the Board will have the authority to grant
				  parole to the Inmate.
Oklahoma Administrative Code › Title 515 - Pardon and Parole Board › Chapter 25 - Parole Procedures › Subchapter 11 - Reconsideration › Section 515:25-11-1 - Re-docketing of offenders after denial

Current through Vol. 41, No. 20, July 1, 2024
(a)
Non-violent.
Inmates convicted of a non-violent offenses shall be
				reconsidered one year after the date of denial.
(b)
Violent.
Offenders convicted
				of violent offenses that are denied parole by the Pardon and Parole Board or by
				the Governor shall be reconsidered in accordance with the following.
(1) Upon the completion of one-third (1/3) of
				the sentence, unless the one-third date is within twenty-four months of the
				initial consideration. If the one-third date is within twenty-four months of
				the initial consideration then the offender will be reconsidered two years from
				the date of denial; or
(2) Once the
				offender has passed their one-third date, reconsideration shall be three years
				from the date of denial, unless the offender is within one year of discharge;
				or
(3) One year prior to
				discharge.
Oklahoma Administrative Code › Title 527 - State Board of Examiners of Perfusionists › Chapter 1 - Description of Organization › Section 527:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter have been adopted to establish the organizational and procedural framework of the agency and Board.
Added at 14 Ok Reg 160, eff 10-17-96 (emergency); Added at 14 Ok Reg 2319, eff 6-16-97
Oklahoma Administrative Code › Title 527 - State Board of Examiners of Perfusionists › Chapter 1 - Description of Organization › Section 527:1-1-2 - Description of organization

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board is created by the Oklahoma Legislature, 59 O.S. 1996 Supp. §2053. The Board has the authority and duty to regulate and administer the practice of perfusion in this state.
(b) The Board consists of nine (9) members who are qualified and appointed in accordance with the provisions of 59 O.S. 1996 Supp. §2053 and §2054.
(c) Officers of the Board, Terms of office, and Vacancy. The officers of the Board shall be, in order of seniority, the Chair, Vice Chair, and Executive Secretary. Effective January 1, 2021, the officers of the Board shall serve one three-year term, with the exception of the Chair who shall only serve as Chair for one (1) year, and shall be elected at the first meeting after January 1 of the same year by a majority vote of the members attending the meeting. Each succeeding year, the Vice-Chair shall become the Chair, the Executive Secretary shall elevate to be the Vice-Chair, and a new Executive Secretary shall be elected by the Board. Should any officer be unable to serve due to death, incapacity, or resignation, the next most senior officer, except in the case of a vacancy in the office of Executive Secretary, shall assume the vacant office and fulfill the unexpired year. He or she shall subsequently succeed himself or herself in the same office for a full year as if he or she had been elevated as set forth above. In the case of a vacancy in the office of Executive Secretary, the Board shall elect a new Executive Secretary at its next meeting to serve the unexpired portion of the year and will be subject to a retention vote at the first meeting of the year after January 1.
(d) Absence of Chair and Vice Chair. When the Chair is absent, the Vice Chair shall act in his or her absence. If the Vice Chair is also absent, the most senior member of the Board shall act as the chair.
Added at 14 Ok Reg 160, eff 10-17-96 (emergency); Added at 14 Ok Reg 2319, eff 6-16-97
Oklahoma Administrative Code › Title 527 - State Board of Examiners of Perfusionists › Chapter 1 - Description of Organization › Section 527:1-1-3 - Method of operations

Current through Vol. 41, No. 20, July 1, 2024
(a) The offices of the Oklahoma State Board of Perfusionists are located in Oklahoma City, Oklahoma
(b) The offices shall be open to the public for review of public records in accordance with the Open Records Act, 51 O.S. 24A.1 et seq.
(c) Every communication in writing to the Board shall be addressed to the Board at the Oklahoma City office unless the Board directs otherwise.
(d) The Board shall hold meetings in accordance with the Oklahoma Open Meetings Act. Special meetings may be called by the Chairman of the Board. Five (5) members of the Board constitute a quorum and may transact any business or conduct an individual proceeding by simple majority vote of a quorum.
(e) All rules and other written statements of policy or interpretations formulated, adopted or used by the Board in the discharge of its functions and all final orders, decisions, and opinions will be made available for public inspection at the Board office during regular office hours.
(f) All records of the Board which are public records pursuant to the Oklahoma Open Records Act shall be available during regular business hours. Copies shall be available upon payment of applicable fees. It is the policy of the Board to maintain as confidential all records held by the Board in any file, pursuant to 12 O.S section 2503 . It is the position of the Board that investigative files are confidential under the Open Records Act.
Added at 14 Ok Reg 160, eff 10-17-96 (emergency); Added at 14 Ok Reg 2319, eff 6-16-97
Oklahoma Administrative Code › Title 527 - State Board of Examiners of Perfusionists › Chapter 1 - Description of Organization › Section 527:1-1-4 - Rulemaking procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Submission of data.
Prior to the adoption, amendment, or repeal of any rule the Board shall afford any interested person a reasonable opportunity to submit data, views, or arguments, orally or in writing, to the Board concerning the proposed action on the rule. Should the proposed action on a rule affect one's substantive rights, the opportunity for an oral hearing will be granted if requested in writing by an individual or by an association. If no substantive rights are involved, the opportunity for oral arguments or views is in the discretion of the Board. The Board shall decide whether any substantive rights are involved.
(b)
Petition on rules.
Any interested person may petition the Board requesting the promulgation, amendment, or repeal of a rule. The petition shall be filed with the Executive Secretary of the Board and shall set forth in writing, clearly and concisely, all matters pertaining to the requested action and reasons for the request. The request should also state whether there is someone known to the petitioner who is concerned with the subject and should be notified of the hearing.
(c)
Hearing of petition.
The Board, at the next regularly scheduled session after the completion of notice or at a special meeting specified in the notice, will hear the petition and notify the petitioner of the ruling within twenty (20) days after the decision. The Board may, at its discretion, postpone the discussion and ruling of the petition until the next regularly scheduled meeting or at a special meeting and all parties shall be notified of the postponement.
(d)
APA notice requirements.
In any rulemaking action, whether initiated by the Board or by petition, the Board shall comply with the current notice requirements in the Administrative Procedures Act [75 O.S. section 301 et seq.].
(e)
Notice of rulemaking proceedings.
The notice of rulemaking proceedings shall be mailed to all interested persons who have made a request of the Board for advance notice of the rulemaking proceedings, or who were specified in the petition for the rules, and shall be published in the Oklahoma Gazette or its successor publication. Twenty (20) days time shall be calculated from the date of the mailing of notice or the publication, whichever is later.
(f)
Place for hearings.
Unless otherwise specified by the Board in the notice, all hearings shall be conducted in the office of the Board. Any person interested in or affected by a proposed action may appear at such hearing individually, by attorney or by authorized agent.
(g)
Emergency rules.
Emergency rules may be adopted by the Board without the prescribed notice and hearing in accordance with the provision of the Administrative Procedures Act, 75 O.S. section 301 et seq. regarding emergency rules.
Added at 14 Ok Reg 160, eff 10-17-96 (emergency); Added at 14 Ok Reg 2319, eff 6-16-97
Oklahoma Administrative Code › Title 527 - State Board of Examiners of Perfusionists › Chapter 1 - Description of Organization › Section 527:1-1-5 - Declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any individual or group may petition the Board for a declaratory ruling as to the applicability of any statute, rule or order of the Board. Any other individual or group may file a response thereto.
(b) All petitions filed for a declaratory ruling by the Board shall set out fully the views of the petitioner giving any reasons and citations of legal authority he has in support of such views.
(c) The Board may request the petitioner or any respondent to present witnesses on any facts involved in the petition or legal memorandum with citations of authority on any legal issues involved in his petition.
(d) The Board may initially assign a petition for declaratory ruling to an appropriate advisory committee and/or board subcommittee for its review and for a recommendation. The Board may hold hearings, take testimony or require any legal memoranda that the Board may require. The Board shall give reasonable notice to the petitioner and any respondents in advance of making a final ruling and shall accompany any ruling with written findings of fact and conclusions of law.
Added at 14 Ok Reg 160, eff 10-17-96 (emergency); Added at 14 Ok Reg 2319, eff 6-16-97
Oklahoma Administrative Code › Title 527 - State Board of Examiners of Perfusionists › Chapter 10 - Practice/Licensure/Examination › Section 527:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter govern the practice of perfusion, general licensure provisions and examination requirements.
Added at 14 Ok Reg 161, eff 10-17-96 (emergency); Added at 14 Ok Reg 2321, eff 6-16-97