Oklahoma 2024 Regular Session

Oklahoma House Bill HB2828

Introduced
2/6/23  

Caption

Criminal procedure; authorizing drug court teams to recommend program participants; effective date.

Impact

The bill introduces key changes that affect the procedural aspects of admitting offenders into drug court programs. It authorizes the drug court judge to hear initial requests from offenders wishing to be considered for rehabilitation. The district attorney retains the power to object to such requests, and the bill establishes clear guidelines regarding handling these objections. The bill mandates that drug courts apply recognized best practices for supervision and monitoring, which may improve treatment outcomes and reduce recidivism rates among offenders struggling with substance use disorders.

Summary

House Bill 2828 aims to amend certain sections of the Oklahoma Drug Court Act under Title 22 of the Oklahoma Statutes. The bill introduces provisions that enhance the role and authority of drug court teams, allowing them to recommend eligible offenders for participation in drug court programs. It specifies the make-up of the drug court team to include a judge, district attorney, defense attorney, drug court coordinator, and other individuals knowledgeable about treatment methods. The establishment of drug courts is aimed at providing an alternative judicial process focused on substance abuse rehabilitation instead of traditional punishment.

Contention

Despite its rehabilitative focus, HB 2828 may face scrutiny over its provisions that allow district attorneys to object to an offender's application for drug court. Some critics might view this as a potential barrier to access for individuals seeking rehabilitation, as the discretion rests significantly with the district attorney’s office. Additionally, the requirement for offenders to enter a guilty plea before being considered for the program could spark debates about fairness and the rights of defendants, particularly for those who might want to contest their charges.

Companion Bills

OK HB2828

Carry Over Criminal procedure; authorizing drug court teams to recommend program participants; effective date.

Previously Filed As

OK HB2828

Criminal procedure; authorizing drug court teams to recommend program participants; effective date.

OK HB2433

Drug courts; deleting certain eligibility restriction and recommendation requirements; effective date.

OK SB122

Criminal procedure; authorizing court to order certain offender to pay child support. Effective date.

OK HB2224

Criminal procedure; authorizing criminal background investigations for certain defendants; effective date.

OK HB2490

Criminal procedure; district attorneys; extension of supervision; dismissal of charges; effective date.

OK HB2371

Criminal procedure; declaring sentencing options inapplicable unless certain findings of fact are made by the court; effective date.

OK HB2387

Criminal procedure; authorizing the Office of Public Guardian to have standing to participate in certain proceedings; effective date.

OK SB545

Veterans' treatment programs; creating the Oklahoma Veterans' Treatment Act; authorizing creation of veterans' treatment programs in district and municipal courts. Effective date.

OK SB493

Mental health courts; authorizing use of certified therapeutic dog in certain court proceedings. Effective date.

OK HB2345

Criminal procedure; removing polygraph examination requirement for certain offenders; effective date.

Similar Bills

OK SB1548

Oklahoma Drug Court Act; modifying requirements for administration of drug court programs.

OK HB3744

Drug courts; deleting certain eligibility restrictions; hearing procedures; eligibility; authorizing court to determine punishment when certain negotiations fail; effective date.

OK HB3304

Drug courts; deleting certain eligibility restrictions; drug court program; punishment; effective date.

OK HB2433

Drug courts; deleting certain eligibility restriction and recommendation requirements; effective date.

OK HB2433

Drug courts; deleting certain eligibility restriction and recommendation requirements; effective date.

OK HB2828

Criminal procedure; authorizing drug court teams to recommend program participants; effective date.

OK SB1746

Drug court; removing certain eligibility requirement; requiring the court to make certain determination. Effective date.

CA SB636

Addiction treatment: advertising: payment.