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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 1651 By: Humphrey of the House
and
Bullard of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 991a, as last amended by Section
1, Chapter 46, O.S.L. 2020 (22 O.S. Supp. 2020,
Section 991a), which relates to sentencing powers of
the court; deleting certain sentencing option; and
providing an effective date.
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to sentencing; repealing Section 4,
Chapter 228, O.S.L. 2012 (22 O.S. Supp. 2020, Section
991a-21), which relates to post -imprisonment
supervision; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. REPEALER Section 4, Chapter 228, O.S.L. 2012
(22 O.S. Supp. 2020, Section 991a -21), is hereby repealed.
SECTION 2. This act shall become effective November 1, 2021. ”
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Passed the Senate the 15th day of April, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1651 By: Humphrey of the House
and
Bullard of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 991a, as last amended by Section
1, Chapter 46, O.S.L. 2020 (22 O.S. Supp. 2020,
Section 991a), which relates to sentencing powers of
the court; deleting certain sentencing option; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 22 O.S. 2011, Section 991a, as
last amended by Section 1, Chapter 46, O.S.L. 2020 (22 O.S. Supp.
2020, Section 991a), is amended to read as follows:
Section 991a. A. Except as otherwise provided in the Elderly
and Incapacitated Victim 's Protection Program, when a defendant is
convicted of a crime and no death sentence is imposed, the court
shall either:
1. Suspend the execution of sentence in whole or in part, with
or without probation. The court, in addition, may order the
convicted defendant at the time of sentencing or at any time during
the suspended sentence to do one or more of the following:
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a. to provide restituti on to the victim as provided by
Section 991f et seq. of this title or according to a
schedule of payments established by the sentencing
court, together with interest upon any pecuniary sum
at the rate of twelve percent (12%) per annum, if the
defendant agrees to pay such restitution or, in the
opinion of the court, if the defendant is able to pay
such restitution without imposing manifest hardship on
the defendant or the immediate family and if the
extent of the damage to the victim is determinable
with reasonable certainty,
b. to reimburse any state agency for amounts paid by the
state agency for hospital and medical expenses
incurred by the victim or victims, as a result of the
criminal act for which such person was convicted,
which reimbursement shall be made directly to the
state agency, with interest accruing thereon at the
rate of twelve percent (12%) per annum,
c. to engage in a term of community service without
compensation, according to a schedule consistent with
the employment and family responsibil ities of the
person convicted,
d. to pay a reasonable sum into any trust fund,
established pursuant to the provisions of Sections 176
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through 180.4 of Title 60 of the Oklahoma Statutes,
and which provides restitution payments by convicted
defendants to victims of crimes committed within this
state wherein such victim has incurred a financial
loss,
e. to confinement in the county jail for a period not to
exceed six (6) months,
f. to confinement as provided by law together with a term
of post-imprisonment community supervision for not
less than three (3) years of the total term allowed by
law for imprisonment, with or without restitution;
provided, however, the authority of this provision is
limited to Section 843.5 of Title 21 of the Oklahoma
Statutes when the offense involved sexual abuse or
sexual exploitation; Sections 681, 741 and 843.1 of
Title 21 of the Oklahoma Statutes when the offense
involved sexual abuse or sexual exploitation; and
Sections 865 et seq., 885, 886, 888, 891, 1021,
1021.2, 1021.3, 1040 .13a, 1087, 1088, 1111.1, 1115 and
1123 of Title 21 of the Oklahoma Statutes,
g. to repay the reward or part of the reward paid by a
local certified crime stoppers program and the
Oklahoma Reward System. In determining whether the
defendant shall repay th e reward or part of the
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reward, the court shall consider the ability of the
defendant to make the payment, the financial hardship
on the defendant to make the required payment, and the
importance of the information to the prosecution of
the defendant as provided by the arresting officer or
the district attorney with due regard for the
confidentiality of the records of the local certified
crime stoppers program and the Oklahoma Reward System.
The court shall assess this repayment against the
defendant as a cost of prosecution. The term
"certified" means crime stoppers organizations that
annually meet the certification standards for crime
stoppers programs established by the Oklahoma Crime
Stoppers Association to the extent those standards do
not conflict with state statutes. The term "court"
refers to all municipal and district courts within
this state. The "Oklahoma Reward System " means the
reward program established by Section 150.18 of Title
74 of the Oklahoma Statutes,
h. g. to reimburse the Oklahoma S tate Bureau of
Investigation for costs incurred by that agency during
its investigation of the crime for which the defendant
pleaded guilty, nolo contendere or was convicted,
including compensation for laboratory, technical, or
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investigation services perfo rmed by the Bureau if, in
the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defendant 's case may be
determined with reasonable certainty,
i. h. to reimburse the Oklahoma State Bureau of
Investigation and any authorized law enforcement
agency for all costs incurred by that agency for
cleaning up an illegal drug laboratory site for which
the defendant pleaded guilty, nolo contender e or was
convicted. The court clerk shall collect the amount
and may retain five percent (5%) of such monies to be
deposited in the Court Clerk Revolving Fund to cover
administrative costs and shall remit the remainder to
the Oklahoma State Bureau of Inve stigation to be
deposited in the OSBI Revolving Fund established by
Section 150.19a of Title 74 of the Oklahoma Statutes
or to the general fund wherein the other law
enforcement agency is located,
j. i. to pay a reasonable sum to the Crime Victims
Compensation Board, created by Section 142.2 et seq.
of Title 21 of the Oklahoma Statutes, for the benefit
of crime victims,
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k. j. to reimburse the court fund for amounts paid to court -
appointed attorneys for representing the defendant in
the case in which the per son is being sentenced,
l. k. to participate in an assessment and evaluation by an
assessment agency or assessment personnel certified by
the Department of Mental Health and Substance Abuse
Services pursuant to Section 3 -460 of Title 43A of the
Oklahoma Statutes and, as determined by the
assessment, participate in an alcohol and drug
substance abuse course or treatment program or both,
pursuant to Sections 3 -452 and 3-453 of Title 43A of
the Oklahoma Statutes, or as ordered by the court,
m. l. to be placed in a victims impact panel program, as
defined in subsection H of this section, or
victim/offender reconciliation program and payment of
a fee to the program of Seventy -five Dollars ($75.00)
as set by the governing authority of the program to
offset the cost of participation by the defendant.
Provided, each victim/offender reconciliation program
shall be required to obtain a written consent form
voluntarily signed by the victim and defendant that
specifies the methods to be used to resolve the
issues, the obligations and rights of each person, and
the confidentiality of the proceedings. Volunteer
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mediators and employees of a victim/offender
reconciliation program shall be immune from liability
and have rights of confidentiality as provided in
Section 1805 of Title 12 of the Oklahoma Statutes,
n. m. to install, at the expense of the defendant, an
ignition interlock device approved by the Board of
Tests for Alcohol and Drug Influence. The device
shall be installed upon every motor vehicle operated
by the defendant, and the court shall require that a
notation of this restriction be affixed to the
defendant's driver license. The restriction shall
remain on the driver license not exceeding two (2)
years to be determined by the court. The restriction
may be modified or removed only by order of the court
and notice of any modification order shall be given to
the Department of Public Safety. Upon the expiration
of the period for the restriction, the Department of
Public Safety shall remove the restriction without
further court order. Failure to comply with the order
to install an ignition interlock device or operating
any vehicle without a device during the period of
restriction shall be a violation of the sentence and
may be punished as deemed proper by the sente ncing
court. As used in this paragraph, "ignition interlock
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device" means a device that, without tampering or
intervention by another person, would prevent the
defendant from operating a motor vehicle if the
defendant has a blood or breath alcohol concent ration
of two-hundredths (0.02) or greater,
o. n. to be confined by electronic monitoring administered
and supervised by the Department of Corrections or a
community sentence provider, and payment of a
monitoring fee to the supervising authority, not to
exceed Three Hundred Dollars ($300.00) per month. Any
fees collected pursuant to this paragraph shall be
deposited with the appropriate supervising authority.
Any willful violation of an order of the court for the
payment of the monitoring fee shall be a v iolation of
the sentence and may be punished as deemed proper by
the sentencing court. As used in this paragraph,
"electronic monitoring " means confinement of the
defendant within a specified location or locations
with supervision by means of an electroni c device
approved by the Department of Corrections which is
designed to detect if the defendant is in the court -
ordered location at the required times and which
records violations for investigation by a qualified
supervisory agency or person,
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p. o. to perform one or more courses of treatment, education
or rehabilitation for any conditions, behaviors,
deficiencies or disorders which may contribute to
criminal conduct, including but not limited to alcohol
and substance abuse, mental health, emotional health,
physical health, propensity for violence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, education, or any other
identifiable deficiency which may be treated
appropriately in the community and for which a
certified provider or a program recognized by the
court as having significant positive impact exists in
the community. Any treatment, education or
rehabilitation provide r required to be certified
pursuant to law or rule shall be certified by the
appropriate state agency or a national organization,
q. p. to submit to periodic testing for alcohol,
intoxicating substance, or controlled dangerous
substances by a qualified lab oratory,
r. q. to pay a fee, costs for treatment, education,
supervision, participation in a program, or any
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combination thereof as determined by the court, based
upon the defendant's ability to pay the fees or costs,
s. r. to be supervised by a Department of Corrections
employee, a private supervision provider, or other
person designated by the court,
t. s. to obtain positive behavior modeling by a trained
mentor,
u. t. to serve a term of confinement in a restrictive
housing facility available in the commu nity,
v. u. to serve a term of confinement in the county jail at
night or during weekends pursuant to Section 991a -2 of
this title or for work release,
w. v. to obtain employment or participate in employment -
related activities,
x. w. to participate in mand atory day reporting to
facilities or persons for services, payments, duties
or person-to-person contacts as specified by the
court,
y. x. to pay day fines not to exceed fifty percent (50%) of
the net wages earned. For purposes of this paragraph,
"day fine" means the offender is ordered to pay an
amount calculated as a percentage of net daily wages
earned. The day fine shall be paid to the local
community sentencing system as reparation to the
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community. Day fines shall be used to support the
local system,
z. y. to submit to blood or saliva testing as required by
subsection I of this section,
aa. z. to repair or restore property damaged by the
defendant's conduct, if the court determines the
defendant possesses sufficient skill to repair or
restore the property and the victim consents to the
repairing or restoring of the property,
bb. aa. to restore damaged property in kind or payment of out -
of-pocket expenses to the victim, if the court is able
to determine the actual out -of-pocket expenses
suffered by the victim,
cc. bb. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offender is
deemed appropriate for participation,
dd. cc. in the case of a person convicted of prostitution
pursuant to Section 1029 of Title 21 of the Oklahoma
Statutes, require such person to receive counseling
for the behavior which may have caused such person to
engage in prostitution activities. Such person may be
required to receive counseling in areas including but
not limited to alcohol a nd substance abuse, sexual
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behavior problems, or domestic abuse or child abuse
problems,
ee. dd. in the case of a sex offender sentenced after November
1, 1989, and required by law to register pursuant to
the Sex Offender Registration Act, the court shall
require the person to comply with sex offender
specific rules and conditions of supervision
established by the Department of Corrections and
require the person to participate in a treatment
program designed for the treatment of sex offenders
during the period of time while the offender is
subject to supervision by the Department of
Corrections. The treatment program shall include
polygraph examinations specifically designed for use
with sex offenders for purposes of supervision and
treatment compliance, an d shall be administered not
less than each six (6) months during the period of
supervision. The examination shall be administered by
a certified licensed polygraph examiner. The
treatment program must be approved by the Department
of Corrections or the D epartment of Mental Health and
Substance Abuse Services. Such treatment shall be at
the expense of the defendant based on the defendant 's
ability to pay,
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ff. ee. in addition to other sentencing powers of the court,
the court in the case of a defendant bei ng sentenced
for a felony conviction for a violation of Section 2 -
402 of Title 63 of the Oklahoma Statutes which
involves marijuana may require the person to
participate in a drug court program, if available. If
a drug court program is not available, the defendant
may be required to participate in a community
sanctions program, if available,
gg. ff. in the case of a person convicted of any false or
bogus check violation, as defined in Section 1541.4 of
Title 21 of the Oklahoma Statutes, impose a fee of
Twenty-five Dollars ($25.00) to the victim for each
check, and impose a bogus check fee to be paid to the
district attorney. The bogus check fee paid to the
district attorney shall be equal to the amount
assessed as court costs plus Twenty -five Dollars
($25.00) for each check upon filing of the case in
district court. This money shall be deposited in the
Bogus Check Restitution Program Fund as established in
subsection B of Section 114 of this title.
Additionally, the court may require the offender to
pay restitution and bogus check fees on any other
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bogus check or checks that have been submitted to the
District Attorney Bogus Check Restitution Program, and
hh. gg. any other provision specifically ordered by the court.
However, any such order for restitution , community service,
payment to a local certified crime stoppers program, payment to the
Oklahoma Reward System, or confinement in the county jail, or a
combination thereof, shall be made in conjunction with probation and
shall be made a condition of the s uspended sentence.
However, unless under the supervision of the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the first two (2) years of
probation to compensate the district attorn ey for the costs incurred
during the prosecution of the offender and for the additional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. The
court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that
a reduction in the fine, costs and costs of prosecution is
warranted, the court shall equ ally apply the same percentage
reduction to the fine, costs and costs of prosecution owed by the
offender;
2. Impose a fine prescribed by law for the offense, with or
without probation or commitment and with or without restitution or
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service as provided f or in this section, Section 991a -4.1 of this
title or Section 227 of Title 57 of the Oklahoma Statutes;
3. Commit such person for confinement provided for by law with
or without restitution as provided for in this section;
4. Order the defendant to reimb urse the Oklahoma State Bureau
of Investigation for costs incurred by that agency during its
investigation of the crime for which the defendant pleaded guilty,
nolo contendere or was convicted, including compensation for
laboratory, technical, or investiga tion services performed by the
Bureau if, in the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant, and if the
costs incurred by the Bureau during the investigation of the
defendant's case may be determi ned with reasonable certainty;
5. Order the defendant to reimburse the Oklahoma State Bureau
of Investigation for all costs incurred by that agency for cleaning
up an illegal drug laboratory site for which the defendant pleaded
guilty, nolo contendere or was convicted. The court clerk shall
collect the amount and may retain five percent (5%) of such monies
to be deposited in the Court Clerk Revolving Fund to cover
administrative costs and shall remit the remainder to the Oklahoma
State Bureau of Investiga tion to be deposited in the OSBI Revolving
Fund established by Section 150.19a of Title 74 of the Oklahoma
Statutes;
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6. In the case of nonviolent felony offenses, sentence such
person to the Community Service Sentencing Program;
7. In addition to the oth er sentencing powers of the court, in
the case of a person convicted of operating or being in control of a
motor vehicle while the person was under the influence of alcohol,
other intoxicating substance, or a combination of alcohol or another
intoxicating substance, or convicted of operating a motor vehicle
while the ability of the person to operate such vehicle was impaired
due to the consumption of alcohol, require such person:
a. to participate in an alcohol and drug assessment and
evaluation by an asses sment agency or assessment
personnel certified by the Department of Mental Health
and Substance Abuse Services pursuant to Section 3 -460
of Title 43A of the Oklahoma Statutes and, as
determined by the assessment, participate in an
alcohol and drug substanc e abuse course or treatment
program or both, pursuant to Sections 3 -452 and 3-453
of Title 43A of the Oklahoma Statutes,
b. to attend a victims impact panel program, as defined
in subsection H of this section, and to pay a fee of
Seventy-five Dollars ($75.00) as set by the governing
authority of the program and approved by the court, to
the program to offset the cost of participation by the
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defendant, if in the opinion of the court the
defendant has the ability to pay such fee,
c. to both participate in the alcohol and drug substance
abuse course or treatment program, pursuant to
subparagraph a of this paragraph and attend a victims
impact panel program, pursuant to subparagraph b of
this paragraph,
d. to install, at the expense of the person, an ignition
interlock device approved by the Board of Tests for
Alcohol and Drug Influence, upon every motor vehicle
operated by such person and to require that a notation
of this restriction be affixed to the person 's driver
license at the time of reinstatement of the license.
The restriction shall remain on the driver license for
such period as the court shall determine. The
restriction may be modified or removed by order of the
court and notice of the order shall be given to the
Department of Public Safety. Upon th e expiration of
the period for the restriction, the Department of
Public Safety shall remove the restriction without
further court order. Failure to comply with the order
to install an ignition interlock device or operating
any vehicle without such device during the period of
restriction shall be a violation of the sentence and
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may be punished as deemed proper by the sentencing
court, or
e. beginning January 1, 1993, to submit to electronically
monitored home detention administered and supervised
by the Department of Corrections, and to pay to the
Department a monitoring fee, not to exceed Seventy -
five Dollars ($75.00) a month, to the Department of
Corrections, if in the opinion of the court the
defendant has the ability to pay such fee. Any fees
collected pursuant to this subparagraph shall be
deposited in the Department of Corrections Revolving
Fund. Any order by the court for the payment of the
monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of court;
8. In addition to t he other sentencing powers of the court, in
the case of a person convicted of prostitution pursuant to Section
1029 of Title 21 of the Oklahoma Statutes, require such person to
receive counseling for the behavior which may have caused such
person to engage in prostitution activities. Such person may be
required to receive counseling in areas including but not limited to
alcohol and substance abuse, sexual behavior problems, or domestic
abuse or child abuse problems;
9. In addition to the other sentencing powers of the court, in
the case of a person convicted of any crime related to domestic
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abuse, as defined in Section 60.1 of this title, the court may
require the defendant to undergo the treatment or participate in the
counseling services necessary to bri ng about the cessation of
domestic abuse against the victim. The defendant may be required to
pay all or part of the cost of the treatment or counseling services;
10. In addition to the other sentencing powers of the court,
the court, in the case of a se x offender sentenced after November 1,
1989, and required by law to register pursuant to the Sex Offenders
Registration Act, shall require the person to participate in a
treatment program designed specifically for the treatment of sex
offenders, if availab le. The treatment program will include
polygraph examinations specifically designed for use with sex
offenders for the purpose of supervision and treatment compliance,
provided the examination is administered by a certified licensed
polygraph examiner. T he treatment program must be approved by the
Department of Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at the expense of
the defendant based on the defendant 's ability to pay;
11. In addition to th e other sentencing powers of the court,
the court, in the case of a person convicted of abuse or neglect of
a child, as defined in Section 1 -1-105 of Title 10A of the Oklahoma
Statutes, may require the person to undergo treatment or to
participate in couns eling services. The defendant may be required
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to pay all or part of the cost of the treatment or counseling
services;
12. In addition to the other sentencing powers of the court,
the court, in the case of a person convicted of cruelty to animals
pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
require the person to pay restitution to animal facilities for
medical care and any boarding costs of victimized animals;
13. In addition to the other sentencing powers of the court, a
sex offender who is habitual or aggravated as defined by Section 584
of Title 57 of the Oklahoma Statutes and who is required to register
as a sex offender pursuant to the Oklahoma Sex Offenders
Registration Act shall be supervised by the Department of
Corrections for the duration of the registration period and shall be
assigned to a global position monitoring device by the Department of
Corrections for the duration of the registration period. The cost
of such monitoring device shall be reimbursed by the offender;
14. In addition to the other sentencing powers of the court, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration Act, the court may
prohibit the person from accessing or using any Internet social
networking website that has the potential or likelihood of allowing
the sex offender to have contact with any child who is under the age
of eighteen (18) years; or
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15. In addition to the other sentencing powers of the court, in
the case of a sex offender who i s required by law to register
pursuant to the Sex Offenders Registration Act, the court shall
require the person to register any electronic mail address
information, instant message, chat or other Internet communication
name or identity information that th e person uses or intends to use
while accessing the Internet or used for other purposes of social
networking or other similar Internet communication.
B. Notwithstanding any other provision of law, any person who
is found guilty of a violation of any provi sion of Section 761 or
11-902 of Title 47 of the Oklahoma Statutes or any person pleading
guilty or nolo contendere for a violation of any provision of such
sections shall be ordered to participate in, prior to sentencing, an
alcohol and drug assessment an d evaluation by an assessment agency
or assessment personnel certified by the Department of Mental Health
and Substance Abuse Services for the purpose of evaluating the
receptivity to treatment and prognosis of the person. The court
shall order the person to reimburse the agency or assessor for the
evaluation. The fee shall be the amount provided in subsection C of
Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
shall be conducted at a certified assessment agency, the office of a
certified assessor or at another location as ordered by the court.
The agency or assessor shall, within seventy -two (72) hours from the
time the person is assessed, submit a written report to the court
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for the purpose of assisting the court in its final sente ncing
determination. No person, agency or facility operating an alcohol
and drug substance abuse evaluation program certified by the
Department of Mental Health and Substance Abuse Services shall
solicit or refer any person evaluated pursuant to this subs ection
for any treatment program or alcohol and drug substance abuse
service in which such person, agency or facility has a vested
interest; however, this provision shall not be construed to prohibit
the court from ordering participation in or any person f rom
voluntarily utilizing a treatment program or alcohol and drug
substance abuse service offered by such person, agency or facility.
If a person is sentenced to the custody of the Department of
Corrections and the court has received a written evaluation report
pursuant to this subsection, the report shall be furnished to the
Department of Corrections with the judgment and sentence. Any
evaluation report submitted to the court pursuant to this subsection
shall be handled in a manner which will keep such r eport
confidential from the general public 's review. Nothing contained in
this subsection shall be construed to prohibit the court from
ordering judgment and sentence in the event the defendant fails or
refuses to comply with an order of the court to obta in the
evaluation required by this subsection.
C. When sentencing a person convicted of a crime, the court
shall first consider a program of restitution for the victim, as
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well as imposition of a fine or incarceration of the offender. The
provisions of paragraph 1 of subsection A of this section shall not
apply to defendants being sentenced upon their third or subsequent
to their third conviction of a felony or, beginning January 1, 1993,
to defendants being sentenced for their second or subsequent felony
conviction for violation of Section 11 -902 of Title 47 of the
Oklahoma Statutes, except as otherwise provided in this subsection.
In the case of a person being sentenced for his or her second or
subsequent felony conviction for violation of Section 11 -902 of
Title 47 of the Oklahoma Statutes, the court may sentence the person
pursuant to the provisions of paragraph 1 of subsection A of this
section if the court orders the person to submit to electronically
monitored home detention administered and supervi sed by the
Department of Corrections pursuant to subparagraph e of paragraph 7
of subsection A of this section. Provided, the court may waive
these prohibitions upon written application of the district
attorney. Both the application and the waiver shall be made part of
the record of the case.
D. When sentencing a person convicted of a crime, the judge
shall consider any victims impact statements if submitted to the
jury, or the judge in the event a jury is waived.
E. Probation, for purposes of subsectio n A of this section, is
a procedure by which a defendant found guilty of a crime, whether
upon a verdict or plea of guilty or upon a plea of nolo contendere,
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is released by the court subject to conditions imposed by the court
and subject to supervision by the Department of Corrections, a
private supervision provider or other person designated by the
court. Such supervision shall be initiated upon an order of
probation from the court, and shall not exceed two (2) years, unless
a petition alleging a violatio n of any condition of deferred
judgment or seeking revocation of the suspended sentence is filed
during the supervision, or as otherwise provided by law. In the
case of a person convicted of a sex offense, supervision shall begin
immediately upon release from incarceration or if parole is granted
and shall not be limited to two (2) years. Provided further, any
supervision provided for in this section may be extended for a
period not to exceed the expiration of the maximum term or terms of
the sentence upon a determination by the court or the Division of
Probation and Parole of the Department of Corrections that the best
interests of the public and the release will be served by an
extended period of supervision.
F. The Department of Corrections, or such ot her agency as the
court may designate, shall be responsible for the monitoring and
administration of the restitution and service programs provided for
by subparagraphs a, c, and d of paragraph 1 of subsection A of this
section, and shall ensure that restit ution payments are forwarded to
the victim and that service assignments are properly performed.
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G. 1. The Department of Corrections is hereby authorized,
subject to funds available through appropriation by the Legislature,
to contract with counties for t he administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Program program
pursuant to this section shall be eligible to participate in a
county Program program; provided, participation in county -funded
Programs programs shall not be limited to offenders who would
otherwise be sentenced to confinement with the Department of
Corrections.
3. The Department shall establish criteria and specifications
for contracts with counties for such Programs programs. A county
may apply to the Department for a contract for a county -funded
Program program for a specific period of time. The Department shall
be responsible for ensuring that any contracting county complies in
full with specifications and requirements of the contract. The
contract shall set appropriate compensation to the county for
services to the Department.
4. The Department is hereby authorized to provide technical
assistance to any county in establishing a Program program,
regardless of whether the county enters into a contract pursuant to
this subsection. Technical assistance shall include appropriate
staffing, development of community resources, sponsorship,
supervision and any other requirements.
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5. The Department shall annually make a report t o the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
on the number of such Programs programs, the number of participating
offenders, the success rates of each Program program according to
criteria established by the Departme nt and the costs of each Program
program.
H. As used in this section:
1. "Ignition interlock device " means a device that, without
tampering or intervention by another person, would prevent the
defendant from operating a motor vehicle if the defendant has a
blood or breath alcohol concentration of two -hundredths (0.02) or
greater;
2. "Electronically monitored home detention " means
incarceration of the defendant within a specified location or
locations with monitoring by means of a device approved by the
Department of Corrections that detects if the person leaves the
confines of any specified location; and
3. "Victims impact panel program " means a program conducted by
a corporation registered with the Secretary of State in Oklahoma for
the sole purpose of operating a victims impact panel program. The
program shall include live presentations from presenters who will
share personal stories with participants about how alcohol, drug
abuse, the operation of a motor vehicle while using an electronic
communication device or the illegal conduct of others has personally
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impacted the lives of the presenters. A victims impact panel
program shall be attended by persons who have committed the offense
of driving, operating or being in actual physical control of a motor
vehicle while under the influence of alcohol or other intoxicating
substance, operating a motor vehicle while the ability of the person
to operate such vehicle was impaired due to the consumption of
alcohol or any other substance or operating a motor vehic le while
using an electronic device. Persons attending a victims impact
panel program shall be required to pay a fee of Seventy -five Dollars
($75.00) to the provider of the program. A certificate of
completion shall be issued to the person upon satisfyin g the
attendance and fee requirements of the victims impact panel program.
The certificate of completion shall contain the business
identification number of the program provider. A certified
assessment agency, certified assessor or provider of an alcohol and
drug substance abuse course shall be prohibited from providing a
victims impact panel program and shall further be prohibited from
having any proprietary or pecuniary interest in a victims impact
panel program. The provider of the victims impact pane l program
shall carry general liability insurance and maintain an accurate
accounting of all business transactions and funds received in
relation to the victims impact panel program. Beginning October 1,
2020, and each October 1 thereafter, the provider o f the victims
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impact panel program shall provide to the District Attorneys Council
the following:
a. proof of registration with the Oklahoma Secretary of
State,
b. proof of general liability insurance,
c. end-of-year financial statements prepared by a
certified public accountant,
d. a copy of federal income tax returns filed with the
Internal Revenue Service,
e. a registration fee of One Thousand Dollars
($1,000.00). The registration fee shall be deposited
in the District Attorneys Council Revolving Fund
created in Section 215.28 of Title 19 of the Oklahoma
Statutes, and
f. a statement certifying that the provider of the
victims impact panel program has complied with all of
the requirements set forth in this paragraph.
I. A person convicted of a felony off ense or receiving any form
of probation for an offense in which registration is required
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid (DNA) testing for law enforcement
identification purposes in accordance with Sect ion 150.27 of Title
74 of the Oklahoma Statutes and the rules promulgated by the
Oklahoma State Bureau of Investigation for the OSBI Combined DNA
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Index System (CODIS) Database. Subject to the availability of
funds, any person convicted of a misdemeanor of fense of assault and
battery, domestic abuse, stalking, possession of a controlled
substance prohibited under Schedule IV of the Uniform Controlled
Dangerous Substances Act, outraging public decency, resisting
arrest, escape or attempting to escape, eludin g a police officer,
Peeping Tom, pointing a firearm, threatening an act of violence,
breaking and entering a dwelling place, destruction of property,
negligent homicide, or causing a personal injury accident while
driving under the influence of any intoxic ating substance, or any
alien unlawfully present under federal immigration law, upon arrest,
shall submit to DNA testing for law enforcement identification
purposes in accordance with Section 150.27 of Title 74 of the
Oklahoma Statutes and the rules promul gated by the Oklahoma State
Bureau of Investigation for the OSBI Combined DNA Index System
(CODIS) Database. Any defendant sentenced to probation shall be
required to submit to testing within thirty (30) days of sentencing
either to the Department of Corr ections or to the county sheriff or
other peace officer as directed by the court. Defendants who are
sentenced to a term of incarceration shall submit to testing in
accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
for those defendants w ho enter the custody of the Department of
Corrections or to the county sheriff, for those defendants sentenced
to incarceration in a county jail. Convicted individuals who have
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previously submitted to DNA testing under this section and for whom
a valid sample is on file in the OSBI Combined DNA Index System
(CODIS) Database at the time of sentencing shall not be required to
submit to additional testing. Except as required by the Sex
Offenders Registration Act, a deferred judgment does not require
submission to DNA testing.
Any person who is incarcerated in the custody of the Department
of Corrections after July 1, 1996, and who has not been released
before January 1, 2006, shall provide a blood or saliva sample prior
to release. Every person subject to DN A testing after January 1,
2006, whose sentence does not include a term of confinement with the
Department of Corrections shall submit a blood or saliva sample.
Every person subject to DNA testing who is sentenced to unsupervised
probation or otherwise no t supervised by the Department of
Corrections shall submit for blood or saliva testing to the sheriff
of the sentencing county.
J. Samples of blood or saliva for DNA testing required by
subsection I of this section shall be taken by employees or
contractors of the Department of Corrections, peace officers, or the
county sheriff or employees or contractors of the sheriff 's office.
The individuals shall be properly trained to collect blood or saliva
samples. Persons collecting blood or saliva for DNA testi ng
pursuant to this section shall be immune from civil liabilities
arising from this activity. All collectors of DNA samples shall
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ensure the collection of samples are mailed to the Oklahoma State
Bureau of Investigation within ten (10) days of the time t he subject
appears for testing or within ten (10) days of the date the subject
comes into physical custody to serve a term of incarceration. All
collectors of DNA samples shall use sample kits provided by the OSBI
and procedures promulgated by the OSBI. Persons subject to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be required to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submission to the
OSBI Combined DNA Index System (CODIS) Database. Any fees collected
pursuant to this subsection shall be deposited in the revolving
account or the service fee account of the collection agency or
department.
K. When sentencing a person who has been convicted of a crime
that would subject that person to the provisions of the Sex
Offenders Registration Act, neither the court nor the district
attorney shall be allowed to waive or exempt such person from the
registration requirements of the Sex Offenders Registration Act.
SECTION 4. This act shall become effective November 1, 2021.
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Passed the House of Representatives the 11th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of t he Senate