Oklahoma SB 1213: what it does and when it starts
Oklahoma SB 1213 amends 57 O.S. §138, the state's earned-credit law. It removes the minimum time-served requirements for Class 3 and Class 4 and sets the monthly credit rates by whether a person has ever been convicted of an offense listed in §138(E).
What changes on November 1, 2026
- Takes effect November 1, 2026.
- Removes the incarceration-length requirements for reaching Class 3 and Class 4.
- Class 3 and Class 4 earn 45 and 60 credits a month for people never convicted of a §138(E)-listed offense.
- People ever convicted of a §138(E)-listed offense (mostly violent and sex offenses, felony domestic abuse, some DUI with injury) stay at 33 and 44 credits a month.
- Class 1 (0) and Class 2 (22) are unchanged. One credit equals one day, and credits apply to the maximum term only.
- No earned-credit deductions for life sentences. 85% offenses (21 O.S. §13.1) remain limited.
The rule that decides the rate: 57 O.S. §138(E)
SB 1213 does not look at "any prior felony." The higher Class 3/4 rates go to people who have never been convicted of an offense on the §138(E) list. A conviction on the list at any time, including a similar offense in another state, a federal or military court, or a juvenile adjudication, keeps the person at the lower rates.
Summary of the §138(E) list (65 offenses)
- Assault/battery with a dangerous weapon; aggravated assault on an officer
- Poisoning, shooting, or assault with intent to kill; assault with intent to commit a felony
- Murder (1st and 2nd degree), solicitation for murder, manslaughter (1st and 2nd degree)
- Kidnapping, kidnapping for extortion, maiming
- Robbery (all degrees, armed, by two or more, with a dangerous weapon)
- First-degree burglary, burglary with explosives, first-degree arson, endangering life during arson
- Rape, forcible sodomy, rape by instrumentation, lewd acts with a child, sexual battery, incest
- Child sexual abuse material, child sex trafficking and related offenses, crimes against children under 21 O.S. §843.5
- Felony domestic abuse (21 O.S. §644(C)), felony stalking, mistreatment of a vulnerable adult
- Using a firearm to commit a felony, pointing firearms, feloniously discharging a firearm
- Rioting, inciting to riot, sabotage, extortion, seizure of a bus, incendiary devices
- DUI causing a personal-injury accident (47 O.S. §11-904)
- …and other offenses listed in 57 O.S. §138(E) (65 items in total)
This is a plain-English summary. The statute controls. See the offense-code audit for how DOC statute codes map to the list.
What's uncertain
Out-of-state, federal, or military convictions
The law also counts "a similar felony offense" from another state, the United States, or a military court. Whether an out-of-state conviction is "similar" is decided by the DOC and may be disputed.
Juvenile adjudications and youthful-offender convictions
The list applies to anyone ever convicted as an adult or youthful offender, or adjudicated delinquent as a juvenile, for a listed felony. The DOC checks juvenile records (Office of Juvenile Affairs) as well as OSBI, FBI, and NCIC records.
Expunged, pardoned, or deferred cases
The law does not say how expunged, pardoned, or successfully completed deferred sentences are treated. This is uncertain; ask the DOC or an attorney.
Class level placement is administrative
The 45/60 or 33/44 credits only apply at Class 3 or 4. A facility adjustment review committee decides class level based on work/program evaluations, hygiene, and behavior, and reviews it at least every four months.
Jail credit
Time in county jail before transfer is deducted from the prison term. People waiting in jail for DOC reception earn credits at 1.47 per day from the judgment and sentence date (with exceptions).
Credits can be lost
Earned credits can be removed for misconduct or nonperformance and may be restored under DOC policy.
Life sentences and some others
No earned-credit deductions for life sentences, for crimes causing the death of an officer or corrections employee acting in the line of duty, or for people sent to an intermediate revocation facility.
85% offenses
People serving sentences for offenses listed in 21 O.S. §13.1 must serve 85% of the sentence before earned credits can lead to release. SB 1213 does not change that rule.
Timeline
- SB 1213 passes the Oklahoma Senate.
- SB 1213 passes the Oklahoma House.
- Enrolled bill sent to the Governor; Section 2 sets the effective date.
- Takes effect.
FAQ
When does Oklahoma SB 1213 take effect?
November 1, 2026.
How many credits can someone earn under SB 1213?
Up to 45 credits a month in Class 3 and 60 in Class 4 for people never convicted of an offense listed in 57 O.S. §138(E). Others stay at 33 and 44. Class levels are set by a facility adjustment review committee.
Does it apply to people already in prison?
The law changes the monthly rates going forward from November 1, 2026. The Department of Corrections applies credits monthly, so people already serving sentences would earn the new rates from that date if they qualify.
Who is excluded?
People serving life sentences earn no deductions, and anyone ever convicted of a §138(E)-listed offense keeps the lower 33/44 rates. 85% offenses are still limited by 21 O.S. §13.1.
Is "prior felony" the same as a §138(E) offense?
No. The lower rate is tied to the specific offenses listed in §138(E), not to any prior felony.
Tools for families
- Eligibility screener: plain questions, no dates or numbers. Tells you which rate tier might apply and what to confirm.
- Official DOC data lookup
- Time sheet decoder
- What happens next + scam warnings
- Printable one-page version
Rule version
| Law | SB 1213 (2026) |
|---|---|
| Citation | 57 O.S. §138 as amended by SB 1213 |
| Effective | November 1, 2026 at 12:00 AM Central |
| Version | 2026.1 |
| Last verified | 2026-10-15 |