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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1017 By: Phillips
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 991b, as last amended by Section
3, Chapter 459, O.S.L. 2019 (22 O.S. Supp. 2020,
Section 991b), which relates to revocation of
suspended sentences; prohibiting revocation of
suspended sentence under certain circumstances;
providing exceptions; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 991b, as
last amended by Section 3, Chapter 459, O.S.L. 2019 (22 O.S. Supp.
2020, Section 991b), is amended to read as follows:
Section 991b. A. Whenever a senten ce has been suspended by the
court after conviction of a person for any crime, the suspended
sentence of the person may not be revoked, in whole or part, for any
cause unless a petition setting forth the grounds for such
revocation is filed by the district attorney with the clerk of the
sentencing court and competent evidence justifying the revocation of
the suspended sentence is presented to the court at a hearing to be
held for that purpose within twenty (20) days after the entry of the
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plea of not guilty to the petition, unless waived by both the state
and the defendant. The State of Oklahoma may dismiss the petition
without prejudice one time upon good cause shown to the court,
provided that any successor petition must be filed within forty -five
(45) days of the date of the dismissal of the petition.
B. Whenever a sentence has been suspended by the court after
conviction of a person for any crime, the suspended sentence of the
person may not be revoked in whole for a technical violation unless
a petition setting forth the grounds for such revocation is filed by
the district attorney with the clerk of the sentencing court and
competent evidence justifying the revocation of the suspended
sentence is presented to the court at a hearing to be held for that
purpose within twenty (20) days after the entry of the plea of not
guilty to the petition, unless waived by both the state and the
defendant. The State of Oklahoma may dismiss the petition without
prejudice one time upon good cause shown to the court; prov ided,
that any successor petition must be filed within forty -five (45)
days of the date of the dismissal of the petition. Any revocation
of a suspended sentence based on a technical violation shall not
exceed six (6) months for a first revocation and five (5) years for
a second or subsequent revocation.
C. "Technical violation" as used in this section means a
violation of the court -imposed rules and conditions of probation,
other than:
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1. Committing or being arrested for a new crime;
2. Attempting to fa lsify a drug screen, or three or more failed
drug or alcohol screens within a three -month period;
3. Failing to pay restitution;
4. Tampering with an electronic monitoring device;
5. Failing to initially report or missing assigned reporting
requirements for an excess of sixty (60) days;
6. Unlawfully contacting a victim, codefendant or criminal
associates;
7. Five or more separate and distinct technical violations
within a ninety-day period; or
8. Any violation of the Specialized Sex Offender Rules.
D. 1. The Department of Corrections shall develop a matrix of
technical violations and sanctions to address violations committed
by persons who are being supervised by the Department. The
Department shall be authorized to use a violation response and
intermediate sanction process based on the sanction matrix to apply
to any technical violations of probationers. Within four (4)
working days of the discovery of the violation, the probation
officer shall initiate the violation response and intermediate
sanction process. The sentencing judge may authorize any
recommended sanctions, which may include, but are not limited to:
short-term jail or lockup, day treatment, program attendance,
community service, outpatient or inpatient treatment, monetary
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fines, curfews, ignition interlock devices on vehicles, or a one -
time referral to a term of confinement of six (6) months in an
intermediate revocation facility operated by the Department of
Corrections; provided, upon approval of the district attorney, a
person may be sanctioned to serve additional terms of confinement in
an intermediate revocation facility. The probation officer shall
complete a sanction form, which shall specify the technical
violation, sanction, and the action plan to correct the noncompliant
behavior resulting in the technical violation. The probation
officer shall refer to the sanctioning matrix to determine the
supervision, treatment, and sanctions appropriate to address the
noncompliant behavior. The probation officer shall refer the
violation information and recommended response with a sanction plan
to the Department of Corrections to be heard by a hearing officer.
The Department of Corrections shall develop a sanction matrix,
forms, policies and procedures necessary to implement this
provision. The Department of Corrections shall establish procedures
to hear responses to technical violations and review sanction plans
including the following:
a. hearing officers shall report through a chain of
command separate from that of the supervising
probation officers,
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b. the Department shall provide the offender written
notice of the violation, the evidence relied upon, and
the reason the sanction was imposed,
c. the hearing shall be held unless the offender waives
the right to the hearing,
d. hearings shall be electronically recorded, and
e. the Department shall provide to judges and district
attorneys a record of all violations and actions taken
pursuant to this subsection.
2. The hearing officer shall determine based on a preponderance
of the evidence whether a technical violation occurred. Upon a
finding that a technical violation occurred, the hearing officer may
order the offender to participate in the recommended sanction plan
or may modify the plan. Offenders who accept the sanction plan
shall sign a violation response sanction form, and the hearing
officer shall then impose the sanction. Failure of the offender to
comply with the imposed sanction plan shall constitute a violation
of the rules and conditions of supervision that may result in a
revocation proceeding. If an offender does not voluntarily accept
the recommended sanction plan, the Department shall either impose
the sanction and allow the offender to appeal to the district court,
or request a revocation proceeding as provided by l aw. Every
administrative hearing and sanction imposed by the Department shall
be appealable to the district court.
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3. Absent a finding of willful nonpayment by the offender, the
failure of an offender to pay fines and costs may not serve as a
basis for revocation, excluding restitution.
E. 1. Where one of the grounds for revocation is the failure
of the defendant to make restitution as ordered, the Department of
Corrections shall forward to the district attorney all information
pertaining to the failure of the defendant to make timely
restitution as ordered by the court, and the district attorney shall
file a petition setting forth the grounds for revocation.
2. The defendant ordered to make restitution can petition the
court at any time for remission o r a change in the terms of the
order of restitution if the defendant undergoes a change of
condition which materially affects the ability of the defendant to
comply with the order of the court.
3. At the hearing, if one of the grounds for the petition for
revocation is the failure of the defendant to make timely
restitution as ordered by the court, the court will hear evidence
and if it appears to the satisfaction of the court from such
evidence that the terms of the order of restitution create a
manifest hardship on the defendant or the immediate family of the
defendant, the court may cancel all or any part of the amount still
due, or modify the terms or method of payment. Provided, if the
court determines that a reduction in the restitution still due is
warranted, the court shall equally apply the same percentage
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reduction to any court -ordered monetary obligation owed by the
defendant including, but not limited to, fines, court costs and
costs of incarceration.
F. The court may revoke a portion of the se ntence and leave the
remaining part not revoked, but suspended for the remainder of the
term of the sentence, and under the provisions applying to it. The
person whose suspended sentence is being considered for revocation
at the hearing shall have the rig ht to be represented by counsel, to
present competent evidence in his or her own behalf and to be
confronted by the witnesses against the defendant. Any order of the
court revoking the suspended sentence, in whole or in part, shall be
subject to review on appeal, as in other appeals of criminal cases.
Provided, however, that if the crime for which the suspended
sentence is given was a felony, the defendant may be allowed bail
pending appeal. If the reason for revocation be that the defendant
committed a felony, the defendant shall not be allowed bail pending
appeal.
G. Notwithstanding the provisions of subsections A and B of
this section, when the suspended sentence of a person is being
considered for revocation for an offense where the penalty has
subsequently been lowered to a misdemeanor, the sentence shall be
modified to a term that does not exceed the current maximum
sentence.
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H. Whenever a sentence has been suspended by the court after
conviction of a person for any crime, the suspended sentence ma y not
be revoked, in whole or part, for any person who uses or possesses
medical marijuana pursuant to a valid medical marijuana patient
license issued under the provisions of Section 420 of Title 63 of
the Oklahoma Statutes unless:
1. The sentencing cour t previously found that, based on
material evidence, prohibiting the otherwise lawful use and
possession of medical marijuana is necessary and appropriate to
accomplish the goals of sentencing; or
2. The person was convicted of driving or being in actual
physical control of a motor vehicle while under the influence of
marijuana or convicted of operating a motor vehicle while impaired
by the use of marijuana.
SECTION 2. This act shall become effective November 1, 2021.
58-1-6500 GRS 12/21/20