As used in this act:

1. 1. "Capacity" means the actual available bedspace as certified by the State Board of Corrections subject to applicable federal and state laws and the rules and regulations promulgated under such laws;
2. 2. "Department" means the Department of Corrections of the State of Oklahoma;
3. 3. "Director" means the Director of the Department of Corrections;
4. 4. "Emergency time credit" means time reduction of sentence allowed when ninety-five percent (95%) of capacity is exceeded pursuant to this act; and

5. 5. "Nonviolent offense" means any felony offense except the following, or any attempts to commit or conspiracy or solicitation to commit the following crimes:

   1. a. assault, battery, or assault and battery with a dangerous weapon;
   2. b. aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law;
   3. c. poisoning with intent to kill;
   4. d. shooting with intent to kill;
   5. e. assault with intent to kill;
   6. f. assault with intent to commit a felony;
   7. g. assaults while masked or disguised;
   8. h. murder in the first degree;
   9. i. murder in the second degree;
   10. j. manslaughter in the first degree;
   11. k. manslaughter in the second degree;
   12. l. kidnapping;
   13. m. burglary in the first degree;
   14. n. burglary with explosives;
   15. o. kidnapping for extortion;
   16. p. maiming;
   17. q. robbery;
   18. r. robbery in the first degree;
   19. s. robbery in the second degree;
   20. t. armed robbery;
   21. u. robbery by two (2) or more persons;
   22. v. robbery with dangerous weapon or imitation firearm;
   23. w. child beating;
   24. x. wiring any equipment, vehicle or structure with explosives;
   25. y. forcible sodomy;

   26. z. rape in the first degree;

       aa. rape in the second degree;

       bb. rape by instrumentation;

       cc. lewd or indecent proposition or lewd or indecent act with a child;

       dd. use of a firearm or offensive weapon to commit or attempt to commit a felony;

       ee. pointing firearms;

       ff. rioting;

       gg. inciting to riot;

       hh. arson in the first degree;

       ii. injuring or burning public buildings;

       jj. sabotage;

       kk. criminal syndicalism;

       ll. extortion;

       mm. obtaining signature by extortion;

       nn. seizure of a bus, discharging firearm or hurling missile at bus; or

       oo. mistreatment of a mental patient.

Laws 1984, SB 445, c. 97, § 2, emerg. eff. April 4, 1984; Amended by Laws 1984, SB 9, c. 275, § 1, emerg. eff. May 31, 1984; Amended by Laws 1993, SB 467, c. 276, § 10, emerg. eff. May 27, 1993.