{"data":{"id":"us-ok/okla.-stat.-tit.-57-57-138v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 57, § 57-138v2","heading":"Earned credits – Eligibility","body":"A. Except as otherwise provided by law, every inmate of a state\n\ncorrectional institution shall have his or her term of imprisonment\n\nreduced monthly, based upon the class level to which they are\n\nassigned. Earned credits may be subtracted from the total credits\n\naccumulated by an inmate, upon recommendation of the institution’s\n\ndisciplinary committee, following due process, and upon approval of\n\nthe warden or superintendent. Each earned credit is equivalent to\n\none (1) day of incarceration. Lost credits may be restored by the\n\nwarden or superintendent upon approval of the classification\n\ncommittee. If a maximum and minimum term of imprisonment is\n\nimposed, the provisions of this subsection shall apply only to the\n\nmaximum term. No deductions shall be credited to any inmate serving\n\na sentence of life imprisonment; however, a complete record of the\n\ninmate’s participation in work, school, vocational training, or\n\nother approved program shall be maintained by the Department of\n\nCorrections for consideration by the paroling authority. No earned\n\ncredit deductions shall be credited or recorded for any inmate\n\nserving any sentence for a criminal act which resulted in the death\n\nof a police officer, a law enforcement officer, an employee of the\n\nDepartment of Corrections, or an employee of a private prison\n\ncontractor and the death occurred while the police officer, law\n\nenforcement officer, employee of the Department of Corrections, or\n\nemployee of a private prison contractor was acting within the scope\n\nof his or her employment. No earned credit deductions shall be\n\ncredited or recorded for any person who is referred to an\n\nintermediate revocation facility for violating any of the terms and\n\nconditions of probation.\n\nB. The Department of Corrections is directed to develop a\n\nwritten policy and procedure whereby inmates shall be assigned to\n\none of four class levels determined by an adjustment review\n\ncommittee of the facility to which the inmate is assigned. The\n\npolicies and procedures developed by the Department shall include,\n\nbut not be limited to, written guidelines pertaining to awarding\n\ncredits for rehabilitation, obtaining job skills and educational\n\nenhancement, participation in and completion of alcohol/chemical\n\nabuse programs, incentives for inmates to accept work assignments\n\nand jobs, work attendance and productivity, conduct record,\n\nparticipation in programs, cooperative general behavior, and\n\nappearance. When assigning inmates to a class level, the adjustment\n\nreview committee shall consider all aspects of the policy and\n\nprocedure developed by the Department including, but not limited to,\n\nthe criteria for awarding credits required by this subsection.\n\nC. If an inmate is subject to misconduct, nonperformance, or\n\ndisciplinary action, earned credits may be removed according to the\n\npolicies and procedures developed by the Department. Earned credits\n\nremoved for misconduct, nonperformance, or disciplinary action may\n\nbe restored as provided by Department policy, if any.\n\nD. 1. Class levels shall be as follows:\n\na. Class level 1 shall include inmates not eligible to\n\nparticipate in class levels 2 through 4, and shall\n\ninclude, but not be limited to, inmates on escape\n\nstatus.\n\nb. Class level 2 shall include an inmate who has been\n\ngiven a work, education, or program assignment, has\n\nreceived a good evaluation for participation in the\n\nwork, education, or program assignment, and has\n\nreceived a good evaluation for personal hygiene and\n\nmaintenance of living area.\n\nc. Class level 3 shall include an inmate who has been\n\nincarcerated at least three (3) months, has received\n\nan excellent work, education, or program evaluation,\n\nand has received an excellent evaluation for personal\n\nhygiene and maintenance of living area.\n\nd. Class level 4 shall include an inmate who has been\nhas\n\nreceived a good evaluation for personal hygiene and\n\nmaintenance of living area.\n\nc. Class level 3 shall include an inmate who has been\n\nincarcerated at least three (3) months, has received\n\nan excellent work, education, or program evaluation,\n\nand has received an excellent evaluation for personal\n\nhygiene and maintenance of living area.\n\nd. Class level 4 shall include an inmate who has been\n\nincarcerated at least eight (8) months, has received\n\nan outstanding work, education, or program evaluation,\n\nand has received an outstanding evaluation for\n\npersonal hygiene and maintenance of living area.\n\n2. a. Until November 1, 2001, class level corresponding\n\ncredits are as follows:\n\nClass 1 - 0 Credits per month;\n\nClass 2 - 22 Credits per month;\n\nClass 3 - 33 Credits per month;\n\nClass 4 - 44 Credits per month.\n\nb. Class level corresponding credits beginning November\n\n1, 2001, for inmates who have ever been convicted as\n\nan adult or a youthful offender or adjudicated\n\ndelinquent as a juvenile for a felony offense\n\nenumerated in subsection E of this section are as\n\nfollows:\n\nClass 1 - 0 Credits per month;\n\nClass 2 - 22 Credits per month;\n\nClass 3 - 33 Credits per month;\n\nClass 4 - 44 Credits per month.\n\nc. Class level corresponding credits beginning November\n\n1, 2001, for inmates who have never been convicted as\n\nan adult or a youthful offender or adjudicated\n\ndelinquent as a juvenile for a felony offense\n\nenumerated in subsection E of this section are as\n\nfollows:\n\nClass 1 – 0 Credits per month;\n\nClass 2 – 22 Credits per month;\n\nClass 3 – 45 Credits per month;\n\nClass 4 – 60 Credits per month.\n\nEach inmate shall receive the above specified monthly credits\n\nfor the class to which he or she is assigned. In determining the\n\nprior criminal history of the inmate, the Department of Corrections\n\nshall review criminal history records available through the Oklahoma\n\nState Bureau of Investigation, Federal Bureau of Investigation, and\n\nNational Crime Information Center to determine the reported felony\n\nconvictions of all inmates. The Department of Corrections shall\n\nalso review the Office of Juvenile Affairs Juvenile Online Tracking\n\nSystem for inmates who were adjudicated delinquent or convicted as a\n\nyouthful offender for a crime that would be an offense enumerated in\n\nsubsection E of this section.\n\n3. In addition to the criteria established for each class in\n\nparagraph 1 of this subsection, the following requirements shall\n\napply to each of levels 2 through 4:\n\na. satisfactory participation in the work, education, or\n\nprogram assignment at the standard required for the\n\nparticular class level,\n\nb. maintenance of a clean and orderly living area and\n\npersonal hygiene at the standard required for the\n\nparticular class level,\n\nc. cooperative behavior toward facility staff and other\n\ninmates, and\n\nd. satisfactory participation in the requirements of the\n\nprevious class level.\n\n4. The evaluation scale for assessing performance shall be as\n\nfollows:\n\na. Outstanding - For inmates who display consistently\n\nexceptional initiative, motivation, and work habits.\n\nb. Excellent - For inmates who display above-average work\n\nhabits with only minor errors and rarely perform below\n\nexpectations.\n\nc. Good - For inmates who perform in a satisfactory\n\nmanner and complete tasks as required, doing what is\n\nexpected, with only occasional performance above or\n\nbelow expectations.\n\nd. Fair - For inmates who may perform satisfactorily for\n\nsome periods of time, but whose performance is marked\n\nby obviously deficient and weak areas and could be\n\nimproved.\n\ne. Poor - For inmates whose performance is unsatisfactory\n\nand falls below expected and acceptable standards.\n\nE. No person ever convicted as an adult or a youthful offender\n\nor adjudicated delinquent as a juvenile in this state for any felony\n\noffense enumerated in this subsection or a similar felony offense\nose performance is marked\n\nby obviously deficient and weak areas and could be\n\nimproved.\n\ne. Poor - For inmates whose performance is unsatisfactory\n\nand falls below expected and acceptable standards.\n\nE. No person ever convicted as an adult or a youthful offender\n\nor adjudicated delinquent as a juvenile in this state for any felony\n\noffense enumerated in this subsection or a similar felony offense\n\npursuant to the provisions of another state, the United States, or a\n\nmilitary court shall be eligible for the credits provided by the\n\nprovisions of subparagraph c of paragraph 2 of subsection D of this\n\nsection. Such enumerated offenses include:\n\n1. Assault, battery, or assault and battery with a dangerous\n\nweapon as defined by Section 645, subsection C of Section 652 of\n\nTitle 21, or Section 2-219 of Title 43A of the Oklahoma Statutes;\n\n2. Aggravated assault and battery on a police officer, sheriff,\n\nhighway patrolman, or any other officer of the law as defined by\n\nSection 650, subsection C of Section 650.2, Section 650.5,\n\nsubsection B of Section 650.6, or subsection C of Section 650.7 of\n\nTitle 21 of the Oklahoma Statutes;\n\n3. Poisoning with intent to kill as defined by Section 651 of\n\nTitle 21 of the Oklahoma Statutes;\n\n4. Shooting with intent to kill as defined by Section 652 of\n\nTitle 21 of the Oklahoma Statutes;\n\n5. Assault with intent to kill as defined by Section 653 of\n\nTitle 21 of the Oklahoma Statutes;\n\n6. Assault with intent to commit a felony as defined by Section\n\n681 of Title 21 of the Oklahoma Statutes;\n\n7. Assaults while masked or disguised as defined by Section\n\n1303 of Title 21 of the Oklahoma Statutes;\n\n8. Entering premises of another while masked as defined by\n\nSection 1302 of Title 21 of the Oklahoma Statutes;\n\n9. Murder in the first degree as defined by Section 701.7 of\n\nTitle 21 of the Oklahoma Statutes;\n\n10. Solicitation for murder in the first degree as defined by\n\nSection 701.16 of Title 21 of the Oklahoma Statutes;\n\n11. Murder in the second degree as defined by Section 701.8 of\n\nTitle 21 of the Oklahoma Statutes;\n\n12. Manslaughter in the first degree as defined by Section 711\n\nor 712 of Title 21 of the Oklahoma Statutes;\n\n13. Manslaughter in the second degree as defined by Section 716\n\nor 717 of Title 21 of the Oklahoma Statutes;\n\n14. Kidnapping as defined by Section 741 of Title 21 of the\n\nOklahoma Statutes;\n\n15. Burglary in the first degree as defined by Section 1431 of\n\nTitle 21 of the Oklahoma Statutes;\n\n16. Burglary with explosives as defined by Section 1441 of\n\nTitle 21 of the Oklahoma Statutes;\n\n17. Kidnapping for extortion as defined by Section 745 of Title\n\n21 of the Oklahoma Statutes;\n\n18. Maiming as defined by Section 751 of Title 21 of the\n\nOklahoma Statutes;\n\n19. Robbery as defined by Section 791 of Title 21 of the\n\nOklahoma Statutes;\n\n20. Robbery in the first degree as defined by Section 797 of\n\nTitle 21 of the Oklahoma Statutes;\n\n21. Robbery in the second degree as defined by Section 797 of\n\nTitle 21 of the Oklahoma Statutes;\n\n22. Armed robbery as defined by Section 801 of Title 21 of the\n\nOklahoma Statutes;\n\n23. Robbery by two or more persons as defined by Section 800 of\n\nTitle 21 of the Oklahoma Statutes;\n\n24. Robbery with dangerous weapon or imitation firearm as\n\ndefined by Section 801 of Title 21 of the Oklahoma Statutes;\n\n25. Any crime against a child provided for in Section 843.5 of\n\nTitle 21 of the Oklahoma Statutes;\n\n26. Wiring or equipping any vehicle or structure with\n\nexplosives as defined by Section 849 of Title 21 of the Oklahoma\n\nStatutes;\n\n27. Forcible sodomy as defined by Section 888 of Title 21 of\n\nthe Oklahoma Statutes;\n\n28. Rape in the first degree as defined by Sections 1111 and\n\n1114 of Title 21 of the Oklahoma Statutes;\n\n29. Rape in the second degree as defined by Sections 1111 and\n\n1114 of Title 21 of the Oklahoma Statutes;\nehicle or structure with\n\nexplosives as defined by Section 849 of Title 21 of the Oklahoma\n\nStatutes;\n\n27. Forcible sodomy as defined by Section 888 of Title 21 of\n\nthe Oklahoma Statutes;\n\n28. Rape in the first degree as defined by Sections 1111 and\n\n1114 of Title 21 of the Oklahoma Statutes;\n\n29. Rape in the second degree as defined by Sections 1111 and\n\n1114 of Title 21 of the Oklahoma Statutes;\n\n30. Rape by instrumentation as defined by Section 1111.1 of\n\nTitle 21 of the Oklahoma Statutes;\n\n31. Lewd or indecent proposition or lewd or indecent act with a\n\nchild as defined by Section 1123 of Title 21 of the Oklahoma\n\nStatutes;\n\n32. Sexual battery of a person over 16 as defined by Section\n\n1123 of Title 21 of the Oklahoma Statutes;\n\n33. Use of a firearm or offensive weapon to commit or attempt\n\nto commit a felony as defined by Section 1287 of Title 21 of the\n\nOklahoma Statutes;\n\n34. Pointing firearms as defined by Section 1289.16 of Title 21\n\nof the Oklahoma Statutes;\n\n35. Rioting as defined by Section 1311 or 1321.8 of Title 21 of\n\nthe Oklahoma Statutes;\n\n36. Inciting to riot as defined by Section 1320.2 of Title 21\n\nof the Oklahoma Statutes;\n\n37. Arson in the first degree as defined by Section 1401 of\n\nTitle 21 of the Oklahoma Statutes;\n\n38. Endangering human life during arson as defined by Section\n\n1405 of Title 21 of the Oklahoma Statutes;\n\n39. Injuring or burning public buildings as defined by Section\n\n349 of Title 21 of the Oklahoma Statutes;\n\n40. Sabotage as defined by Section 1262, 1265.4 or 1265.5 of\n\nTitle 21 of the Oklahoma Statutes;\n\n41. Extortion as defined by Section 1481 or 1486 of Title 21 of\n\nthe Oklahoma Statutes;\n\n42. Obtaining signature by extortion as defined by Section 1485\n\nof Title 21 of the Oklahoma Statutes;\n\n43. Seizure of a bus, discharging firearm or hurling missile at\n\nbus as defined by Section 1903 of Title 21 of the Oklahoma Statutes;\n\n44. Mistreatment of a vulnerable adult as defined by Section\n\n843.1 of Title 21 of the Oklahoma Statutes;\n\n45. Sex offender providing services to a child as defined by\n\nSection 404.1 of Title 10 of the Oklahoma Statutes;\n\n46. A felony offense of domestic abuse as defined by subsection\n\nC of Section 644 of Title 21 of the Oklahoma Statutes;\n\n47. Prisoner placing body fluid on government employee as\n\ndefined by Section 650.9 of Title 21 of the Oklahoma Statutes;\n\n48. Poisoning food or water supply as defined by Section 832 of\n\nTitle 21 of the Oklahoma Statutes;\n\n49. Trafficking in children as defined by Section 866 of Title\n\n21 of the Oklahoma Statutes;\n\n50. Incest as defined by Section 885 of Title 21 of the\n\nOklahoma Statutes;\n\n51. Procure, produce, distribute, or possess child sexual abuse\n\nmaterial as defined by Section 1021.2 of Title 21 of the Oklahoma\n\nStatutes;\n\n52. Parental consent to child sexual abuse material as defined\n\nby Section 1021.3 of Title 21 of the Oklahoma Statutes;\n\n53. Soliciting minor for indecent exposure as defined by\n\nSection 1021 of Title 21 of the Oklahoma Statutes;\n\n54. Distributing obscene material or child sexual abuse\n\nmaterial as defined by Section 1040.13 of Title 21 of the Oklahoma\n\nStatutes;\n\n55. Child sex trafficking as defined by Section 1030 of Title\n\n21 of the Oklahoma Statutes;\n\n56. Procuring a minor for child sex trafficking or other lewd\n\nacts as defined by Section 1087 of Title 21 of the Oklahoma\n\nStatutes;\n\n57. Transporting a child under eighteen (18) years of age for\n\npurposes of child sex trafficking as defined by Section 1087 of\n\nTitle 21 of the Oklahoma Statutes;\n\n58. Inducing a minor to engage in child sex trafficking as\n\ndefined by Section 1088 of Title 21 of the Oklahoma Statutes;\n\n59. A felony offense of stalking as defined by subsection D of\n\nSection 1173 of Title 21 of the Oklahoma Statutes;\n\n60. Spread of infectious diseases as defined by Section 1192 of\n\nTitle 21 of the Oklahoma Statutes;\nfined by Section 1087 of\n\nTitle 21 of the Oklahoma Statutes;\n\n58. Inducing a minor to engage in child sex trafficking as\n\ndefined by Section 1088 of Title 21 of the Oklahoma Statutes;\n\n59. A felony offense of stalking as defined by subsection D of\n\nSection 1173 of Title 21 of the Oklahoma Statutes;\n\n60. Spread of infectious diseases as defined by Section 1192 of\n\nTitle 21 of the Oklahoma Statutes;\n\n61. Advocate overthrow of government by force, commit or\n\nattempt to commit acts to overthrow the government, organize or\n\nprovide assistance to groups to overthrow the government as defined\n\nby Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma\n\nStatutes;\n\n62. Feloniously discharging a firearm as defined by Section\n\n1289.17A of Title 21 of the Oklahoma Statutes;\n\n63. Possession, use, manufacture, or threat of incendiary\n\ndevice as defined by Section 1767.1 of Title 21 of the Oklahoma\n\nStatutes;\n\n64. Causing a personal injury accident while driving under the\n\ninfluence as defined by Section 11-904 of Title 47 of the Oklahoma\n\nStatutes; or\n\n65. Using a motor vehicle to facilitate the discharge of a\n\nfirearm as defined by Section 652 of Title 21 of the Oklahoma\n\nStatutes.\n\nF. The policy and procedure developed by the Department of\n\nCorrections shall include provisions for adjustment review\n\ncommittees of not less than three members for each such committee.\n\nEach committee shall consist of a classification team supervisor who\n\nshall act as chairman, the case manager for the inmate being\n\nreviewed or classified, a correctional officer or inmate counselor,\n\nand not more than two other members, if deemed necessary, determined\n\npursuant to policy and procedure to be appropriate for the specific\n\nadjustment review committee or committees to which they are\n\nassigned. At least once every four (4) months the adjustment review\n\ncommittee for each inmate shall evaluate the class level status and\n\nperformance of the inmate and determine whether the class level for\n\nthe inmate should be changed.\n\nAny inmate who feels aggrieved by a decision made by an\n\nadjustment review committee may utilize normal grievance procedures\n\nin effect with the Department of Corrections and in effect at the\n\nfacility in which the inmate is incarcerated.\n\nG. Inmates granted medical leaves for treatment that cannot be\n\nfurnished at the penal institution where incarcerated shall be\n\nallowed the time spent on medical leave as time served. Any inmate\n\nplaced into administrative segregation for nondisciplinary reasons\n\nby the institution’s administration may be placed in Class 2. The\n\nlength of any jail term served by an inmate before being transported\n\nto a state correctional institution pursuant to a judgment and\n\nsentence of incarceration shall be deducted from the term of\n\nimprisonment at the state correctional institution. Inmates\n\nsentenced to the Department of Corrections and detained in a county\n\njail as a result of the Department’s reception scheduling procedure\n\nshall be awarded earned credits as provided for in subparagraph b of\n\nparagraph 1 of subsection D of this section, beginning on the date\n\nof the judgment and sentence, unless the inmate is convicted of a\n\nmisdemeanor or felony committed in the jail while the inmate is\n\nawaiting transport to the Lexington Assessment and Reception Center\n\nor other assessment and reception location determined by the\n\nDirector of the Department of Corrections.\n\nH. Additional achievement earned credits for successful\n\ncompletion of departmentally approved programs or for attaining\n\ngoals or standards set by the Department shall be awarded as\n\nfollows:\n\nHigh School Diploma or High School\n\nCertification of Completion of\n\nSuccessful completion of\n\nAlcohol/Chemical Abuse Treatment\n\nProgram of not less than four (4)\n\nSuccessful completion of other\n\nEducational Accomplishments or\ny approved programs or for attaining\n\ngoals or standards set by the Department shall be awarded as\n\nfollows:\n\nHigh School Diploma or High School\n\nCertification of Completion of\n\nSuccessful completion of\n\nAlcohol/Chemical Abuse Treatment\n\nProgram of not less than four (4)\n\nSuccessful completion of other\n\nEducational Accomplishments or\n\nother programs not specified in\n\nAchievement earned credits are subject to loss and restoration in\n\nthe same manner as earned credits. Achievement earned credits for a\n\nhigh school diploma or high school equivalency diploma may be\n\nattained by an inmate who completes such a program during continuous\n\ncustody in a county jail while awaiting trial, sentencing, or\n\ntransfer to the custody of the Department of Corrections. To\n\nqualify, an inmate must have been detained in connection with the\n\ncase that resulted in his or her prison sentence and there must have\n\nbeen continuous custody in a county jail for program completion and\n\ntransfer to the Department. Upon sentencing and transfer to the\n\nDepartment, the inmate shall receive achievement earned credits in\n\nthe amount specified in this subsection, provided the county jail\n\ndocuments completion of the program, including the date of\n\ncertification earned, on the official jail sentence form. The\n\nofficial jail sentence form shall accompany the inmate upon transfer\n\nto the Department.\n\nI. The accumulated time of every inmate shall be tallied\n\nmonthly and maintained by the institution where the term of\n\nimprisonment is being served. A record of such accumulated time\n\nshall be:\n\n1. Sent to the administrative office of the Department of\n\nCorrections on a quarterly basis; and\n\n2. Provided to the inmate.","path":["OK Code","Title 57"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os57.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"511089441c81acd079ef98bbdefd1a50a5f1d2dddbdd9195c9bc0e703a5d83d8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-57-57-138v1","next":"us-ok/okla.-stat.-tit.-57-57-14"},"notice":"GroundRules: Original legal text. Not legal advice."}