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.
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).
What to do
Ask the person to request their current class level and credit record from their case manager.
Keep copies of the Judgment and Sentence and any program certificates (they may qualify for achievement credits).
If you believe a conviction was wrongly counted as a §138(E) offense, use the DOC grievance process or talk to an attorney.
Only the Department of Corrections calculates official dates. This is general information, not legal advice.
Check your facility's mailroom rules before mailing printed pages.