{"data":{"id":"us-ok/okla.-stat.-tit.-57-57-564.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 57, § 57-564.1","heading":"Disciplinary proceedings – Judicial review –","body":"Requirements – Procedures.\n\nA. In those instances of prison disciplinary proceedings that\n\nresult in the revocation of earned credits, the prisoner, after\n\nexhausting administrative remedies, may seek judicial review in the\n\ndistrict court of the official residence of the Department of\n\nCorrections. To be considered by the court, the inmate shall meet\n\nthe following requirements:\n\n1. The petition shall be filed within ninety (90) days of the\n\ndate the petitioner is notified of the final Department of\n\nCorrections decision in the Department disciplinary appeal process.\n\n2. The petition shall only name the Department of Corrections\n\nas the respondent and service shall be in accordance with the rules\n\nfor service under the laws of this state.\n\n3. The petition shall be limited to the review of only one\n\ndisciplinary report and no other pleading is allowed other than the\n\npetition and the answer.\n\n4. The court shall not consider any pleadings from any\n\nintervening parties and shall not stay the Department disciplinary\n\nprocess during the review of the misconduct hearing.\n\nB. The answer of the Department shall be filed within thirty\n\n(30) days of receipt of the petition unless the court orders a\n\nspecial report upon motion by one party or upon its own motion.\n\nC. The petition shall assert that due process was not provided\n\nand prove which element of due process, relevant only to a prison\n\nadministrative disciplinary proceeding, was not provided by the\n\nprison staff.\n\nD. The court shall only determine whether due process was\n\nprovided by the revoking authority. In determining whether due\n\nprocess was provided, the court shall determine:\n\n1. Whether written notice of the charge was provided to the\n\ninmate;\n\n2. Whether the inmate had a minimum of twenty-four (24) hours\n\nto prepare after notice of the charge;\n\n3. Whether the inmate was provided an opportunity for a hearing\n\nby a prison employee not involved in bringing the charge;\n\n4. Whether the inmate had the opportunity to present relevant\n\ndocumentary evidence;\n\n5. Whether the inmate had the opportunity to call witnesses\n\nwhen doing so would not be hazardous to institutional safety or\n\nburden correctional goals;\n\n6. Whether the inmate was provided a written statement as to\n\nthe evidence relied on and the reasons for the discipline imposed;\n\nand\n\n7. Whether any evidence existed in the record upon which the\n\nhearing officer could base a finding of guilt.\n\nE. The judicial review as provided in this section shall not be\n\nan independent assessment of the credibility of any witness or a\n\nweighing of the evidence, and there shall be no right to an error\n\nfree proceeding or to confront accusers. The only remedy to be\n\nprovided, if the court finds due process was not provided, is an\n\norder to the Department to provide due process.\n\nF. There shall be no recovery allowed for costs and fees,\n\nproviding that frivolous petitions are subject to the sanctions\n\nprovided by the laws of this state.\n\nG. Either party aggrieved by the final order of the district\n\ncourt on a petition for judicial review may only appeal the order to\n\nthe Oklahoma Court of Criminal Appeals as set forth in the rules of\n\nsuch Court.","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":"d2969599a6c22f16f527e8daf74aec4f14e236c21f152cba93c2715f44544cc4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-57-57-564","next":"us-ok/okla.-stat.-tit.-57-57-565"},"notice":"GroundRules: Original legal text. Not legal advice."}