§ 57-332.16. Time for Governor to act on parole recommendation – Exceptions.  


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  • A.  No recommendation to the Governor for parole shall remain under consideration and in the possession of that office for a time longer than thirty (30) consecutive calendar days.  Except as provided for in subsection B of this section, if upon expiration of the thirty-day time period no action is taken by the Governor to grant or deny parole, the recommendation for parole shall be deemed granted.

    B.  The Governor shall be required to review each parole recommendation and shall grant or deny parole for persons convicted of the following crimes:

    1.  Assault, battery, or assault and battery with a dangerous or deadly weapon as provided in Sections 645 and 652 of Title 21 of the Oklahoma Statutes;

    2.  Aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law as provided in Sections 650, 650.2, 650.5, 650.6 and 650.7 of Title 21 of the Oklahoma Statutes;

    3.  Poisoning with intent to kill as provided in Section 651 of Title 21 of the Oklahoma Statutes;

    4.  Shooting with intent to kill as provided in Section 652 of Title 21 of the Oklahoma Statutes;

    5.  Assault with intent to kill as provided in Section 653 of Title 21 of the Oklahoma Statutes;

    6.  Assault with intent to commit a felony as provided in Section 681 of Title 21 of the Oklahoma Statutes;

    7.  Assaults while masked or disguised as provided in Section 1303 of Title 21 of the Oklahoma Statutes;

    8.  Murder in the first degree as provided in Section 701.7 of Title 21 of the Oklahoma Statutes;

    9.  Murder in the second degree as provided in Section 701.8 of Title 21 of the Oklahoma Statutes;

    10.  Manslaughter in the first degree as provided in Sections 711, 712 and 714 of Title 21 of the Oklahoma Statutes;

    11.  Manslaughter in the second degree as provided in Sections 716 and 717 of Title 21 of the Oklahoma Statutes;

    12.  Kidnapping as provided in Section 741 of Title 21 of the Oklahoma Statutes;

    13.  Burglary in the first degree as provided in Section 1431 of Title 21 of the Oklahoma Statutes;

    14.  Burglary with explosives as provided in Section 1441 of Title 21 of the Oklahoma Statutes;

    15.  Kidnapping for extortion as provided in Section 745 of Title 21 of the Oklahoma Statutes;

    16.  Maiming as provided in Section 751 of Title 21 of the Oklahoma Statutes;

    17.  Robbery as provided in Section 791 of Title 21 of the Oklahoma Statutes;

    18.  Robbery in the first degree as provided in Section 797 of Title 21 of the Oklahoma Statutes;

    19.  Robbery in the second degree as provided in Section 797 of Title 21 of the Oklahoma Statutes;

    20.  Robbery by two or more persons as provided in Section 800 of Title 21 of the Oklahoma Statutes;

    21.  Robbery with dangerous weapon or imitation firearm as provided in Section 801 of Title 21 of the Oklahoma Statutes;

    22.  Child abuse as provided in Section 843.5 of Title 21 of the Oklahoma Statutes;

    23.  Wiring any equipment, vehicle or structure with explosives as provided in Section 849 of Title 21 of the Oklahoma Statutes;

    24.  Forcible sodomy as provided in Section 888 of Title 21 of the Oklahoma Statutes;

    25.  Rape in the first degree as provided in Sections 1111 and 1114 of Title 21 of the Oklahoma Statutes;

    26.  Rape in the second degree as provided in Sections 1111 and 1114 of Title 21 of the Oklahoma Statutes;

    27.  Rape by instrumentation as provided in Section 1111.1 of Title 21 of the Oklahoma Statutes;

    28.  Lewd or indecent proposition or lewd or indecent act with a child as provided in Section 1123 of Title 21 of the Oklahoma Statutes;

    29.  Use of a firearm or offensive weapon to commit or attempt to commit a felony as provided in Section 1287 of Title 21 of the Oklahoma Statutes;

    30.  Pointing firearms as provided in Section 1289.16 of Title 21 of the Oklahoma Statutes;

    31.  Rioting as provided in Sections 1311 and 1321.8 of Title 21 of the Oklahoma Statutes;

    32.  Inciting to riot as provided in Section 1320.2 of Title 21 of the Oklahoma Statutes;

    33.  Arson in the first degree as provided in Section 1401 of Title 21 of the Oklahoma Statutes;

    34.  Injuring or burning public buildings as provided in Section 349 of Title 21 of the Oklahoma Statutes;

    35.  Sabotage as provided in Sections 1262, 1265.4 and 1265.5 of Title 21 of the Oklahoma Statutes;

    36.  Criminal syndicalism as provided in Section 1261 of Title 21 of the Oklahoma Statutes;

    37.  Extortion as provided in Sections 1481 and 1486 of Title 21 of the Oklahoma Statutes;

    38.  Obtaining signature by extortion as provided in Section 1485 of Title 21 of the Oklahoma Statutes;

    39.  Seizure of a bus, discharging firearm or hurling missile at bus as provided in Section 1903 of Title 21 of the Oklahoma Statutes;

    40.  Mistreatment of a mental patient as provided in Section 843.1 of Title 21 of the Oklahoma Statutes;

    41.  Using a vehicle to facilitate the discharge of a weapon as provided in Section 652 of Title 21 of the Oklahoma Statutes;

    42.  Aggravated drug trafficking as provided in Section 2-415 of Title 63 of the Oklahoma Statutes;

    43.  Racketeering as provided in Section 1403 of Title 22 of the Oklahoma Statutes;

    44.  Offenses of public corruption such as bribery of public officials as provided in Section 381 or 382 of Title 21 of the Oklahoma Statutes;

    45.  Embezzlement of public money as provided in Section 1451 et seq. of Title 21 or Section 641 of Title 19 of the Oklahoma Statutes;

    46.  Failure to pay and collect tax as provided in Section 1361 or 2385.3 of Title 68 of the Oklahoma Statutes;

    47.  Conspiracy to defraud the state as provided in Section 424 of Title 21 of the Oklahoma Statutes;

    48.  Child pornography as provided in Section 1021.2 or 1021.3 or defined in Section 1024.1 of Title 21 of the Oklahoma Statutes;

    49.  Child prostitution as defined by Section 1030 of Title 21 of the Oklahoma Statutes;

    50.  Abuse of a vulnerable adult as defined in Section 10-103 of Title 43A of the Oklahoma Statutes;

    51.  Terrorism crimes, including biochemical assault as provided in Section 1268 of Title 21 of the Oklahoma Statutes;

    52.  Trafficking of children as provided in Section 865 et seq. of Title 21 of the Oklahoma Statutes; or

    53.  Trafficking of humans as provided in Section 748 et seq. of Title 21 of the Oklahoma Statutes.

    C.  When the Pardon and Parole Board makes a recommendation for a compassionate parole pursuant to subsection B of Section 332.18 of this title, the Board shall forward all relevant documentation to the Governor within four (4) business days of the parole review of the inmate.  Upon receipt, the Governor shall have four (4) business days to grant or deny the compassionate parole.

Added by Laws 1979, c. 73, § 2, eff. Oct. 1, 1979.  Amended by Laws 1998, c. 341, § 2, eff. July 1, 1998; Laws 2011, c. 218, § 5, eff. Nov. 1, 2011.