§57-571.

§57-571.
   
   As used in this act:
   
   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. "Department" means the Department of Corrections of the State of
   Oklahoma;
   
   3. "Director" means the Director of the Department of Corrections;
   
   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. "Nonviolent offense" means any felony offense except the following,
   or any attempts to commit or conspiracy or solicitation to commit the
   following crimes:
   
   a. assault, battery, or assault and battery with a dangerous weapon;
   
   b. aggravated assault and battery on a police officer, sheriff,
   highway patrolman, or any other officer of the law;
   
   c. poisoning with intent to kill;
   
   d. shooting with intent to kill;
   
   e. assault with intent to kill;
   
   f. assault with intent to commit a felony;
   
   g. assaults while masked or disguised;
   
   h. murder in the first degree;
   
   i. murder in the second degree;
   
   j. manslaughter in the first degree;
   
   k. manslaughter in the second degree;
   
   l. kidnapping;
   
   m. burglary in the first degree;
   
   n. burglary with explosives;
   
   o. kidnapping for extortion;
   
   p. maiming;
   
   q. robbery;
   
   r. robbery in the first degree;
   
   s. robbery in the second degree;
   
   t. armed robbery;
   
   u. robbery by two (2) or more persons;
   
   v. robbery with dangerous weapon or imitation firearm;
   
   w. child beating;
   
   x. wiring any equipment, vehicle or structure with explosives;
   
   y. forcible sodomy;
   
   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.