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51 Op. Okla. Att'y Gen. 1 (2021)

handle is hein.sag/sagok0056 and id is 1 raw text is: 







                          OFFICE   OF ATTORNEY GENERAL
                                STATE  OF  OKLAHOMA


                              ATTORNEY  GENERAL   OPINION
                                        2021-1


The Honorable Scott Crow                                               February 23, 2021
Director, Oklahoma Department of Corrections
P.O. Box 11400
Oklahoma  City, OK 73136-0400

Dear Director Crow:

This office has received your request for an Attorney General Opinion in which you ask, in effect,
the following questions:

    1. Does  the Department   of Corrections  have  the authority to award   an inmate
       achievement earned  credits, as provided for in 57 O.S.Supp.2020, § 138(H), solely
       for good conduct?

    2. Does  the Department   of Corrections  have the  authority to award   an inmate
       achievement earned  credits, as provided for in 57 O.S.Supp.2020, § 138(H), solely
       for the inmate's participation in a reentry program?

    3. Does  the Department   of Corrections  have the  authority to award   an inmate
       achievement earned  credits, as provided for in 57 O.S.Supp.2020, § 138(H), on a
       recurring basis for the same achievement?

                                           I.
                                     BACKGROUND

Oklahoma   law provides for a credit system through which inmates in the custody of the
Department of Corrections (Department) may reduce their term of imprisonment. This system
includes (i) earned credits for an inmate's time served at an assigned class level, see 57
O.S.Supp.2020, § 138(A), (D); and (ii) additional achievement earned credits, which are granted
once an inmate completes a program or attains a goal set by the Department id § 138(H).'

With regard to the first category, the class levels that form the basis of earned credits--as well as
prerequisites for inclusion in each class level-are set forth in statute. See 57 O.S.Supp.2020,
§ 138(D)(1). These prerequisites include considerations such as time served, the inmate's work.

        Each earned credit is equivalent to one (I) day of incarceration. 57 O.S.Supp.2020, § 138(A).

             313 N.E. 21sT STREET - OKLAHOMA CIry, OK 73105 ° (405) 521-3921  FAx: (405) 521-6246

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