Oklahoma 2022 Regular Session

Oklahoma House Bill HB1651 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 1651 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 1651 By: Humphrey of the House
	32	+
	33	+	and
	34	+
	35	+	Bullard of the Senate
	36	+
	37	+
	38	+
	39	+
	40	+	An Act relating to criminal procedure; amending 22
	41	+	O.S. 2011, Section 991a, as last amended by Section
	42	+	1, Chapter 46, O.S.L. 2020 (22 O.S. Supp. 2020,
	43	+	Section 991a), which relates to sentencing powers of
	44	+	the court; deleting certain sentencing option; and
	45	+	providing an effective date.
	46	+
	47	+
	48	+
	49	+
	50	+	AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
	51	+	entire bill and insert
	52	+
	53	+	“An Act relating to sentencing; repealing Section 4,
	54	+	Chapter 228, O.S.L. 2012 (22 O.S. Supp. 2020, Section
	55	+	991a-21), which relates to post -imprisonment
	56	+	supervision; and providing an effective date.
	57	+
	58	+
	59	+
	60	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	61	+	SECTION 1. REPEALER Section 4, Chapter 228, O.S.L. 2012
	62	+	(22 O.S. Supp. 2020, Section 991a -21), is hereby repealed.
	63	+	SECTION 2. This act shall become effective November 1, 2021. ”
	64	+
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	90	+	Passed the Senate the 15th day of April, 2021.
	91	+
	92	+
	93	+
	94	+	Presiding Officer of the Senate
	95	+
	96	+
	97	+	Passed the House of Representatives the ____ day of __________,
	98	+	2021.
	99	+
	100	+
	101	+
	102	+	Presiding Officer of the House
	103	+	of Representatives
	104	+
	105	+	ENGR. H. B. NO. 1651 Page 1 1
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	130	+	ENGROSSED HOUSE
3	131		BILL NO. 1651 By: Humphrey of the House
4	132
5	133		and
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7	135		Bullard of the Senate
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13	141
14		-	An Act relating to sentencing; repealing Section 4,
15		-	Chapter 228, O.S.L. 2012 (22 O.S. Supp. 2020, Section
16		-	991a-21), which relates to post -imprisonment
17		-	supervision; and providing an effective date.
	142	+	An Act relating to criminal procedure; amending 22
	143	+	O.S. 2011, Section 991a, as last amended by Section
	144	+	1, Chapter 46, O.S.L. 2020 (22 O.S. Supp. 2020,
	145	+	Section 991a), which relates to sentencing powers of
	146	+	the court; deleting certain sentencing option; and
	147	+	providing an effective date.
18	148
19	149
20	150
21	151
22		-	~~SUBJECT: Sentencing~~
	152	+
23	153
24	154		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	155	+	SECTION 3. AMENDATORY 22 O.S. 2011, Section 991a, as
	156	+	last amended by Section 1, Chapter 46, O.S.L. 2020 (22 O.S. Supp.
	157	+	2020, Section 991a), is amended to read as follows:
	158	+	Section 991a. A. Except as otherwise provided in the Elderly
	159	+	and Incapacitated Victim 's Protection Program, when a defendant is
	160	+	convicted of a crime and no death sentence is imposed, the court
	161	+	shall either:
	162	+	1. Suspend the execution of sentence in whole or in part, with
	163	+	or without probation. The court, in addition, may order the
	164	+	convicted defendant at the time of sentencing or at any time during
	165	+	the suspended sentence to do one or more of the following:
25	166
26		-	SECTION 1. REPEALER Section 4, Chapter 228, O.S.L. 2012
27		-	(22 O.S. Supp. 2020, Section 991a -21), is hereby repealed.
	167	+	ENGR. H. B. NO. 1651 Page 2 1
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28	191
29		-	SECTION 2. This act shall become effective November 1, 2021.
30		-	ENR. H. B. NO. 1651 Page 2
	192	+	a. to provide restituti on to the victim as provided by
	193	+	Section 991f et seq. of this title or according to a
	194	+	schedule of payments established by the sentencing
	195	+	court, together with interest upon any pecuniary sum
	196	+	at the rate of twelve percent (12%) per annum, if the
	197	+	defendant agrees to pay such restitution or, in the
	198	+	opinion of the court, if the defendant is able to pay
	199	+	such restitution without imposing manifest hardship on
	200	+	the defendant or the immediate family and if the
	201	+	extent of the damage to the victim is determinable
	202	+	with reasonable certainty,
	203	+	b. to reimburse any state agency for amounts paid by the
	204	+	state agency for hospital and medical expenses
	205	+	incurred by the victim or victims, as a result of the
	206	+	criminal act for which such person was convicted,
	207	+	which reimbursement shall be made directly to the
	208	+	state agency, with interest accruing thereon at the
	209	+	rate of twelve percent (12%) per annum,
	210	+	c. to engage in a term of community service without
	211	+	compensation, according to a schedule consistent with
	212	+	the employment and family responsibil ities of the
	213	+	person convicted,
	214	+	d. to pay a reasonable sum into any trust fund,
	215	+	established pursuant to the provisions of Sections 176
31	216
32		-	Passed the House of Representatives the 4th day of May, 2021.
	217	+	ENGR. H. B. NO. 1651 Page 3 1
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	242	+	through 180.4 of Title 60 of the Oklahoma Statutes,
	243	+	and which provides restitution payments by convicted
	244	+	defendants to victims of crimes committed within this
	245	+	state wherein such victim has incurred a financial
	246	+	loss,
	247	+	e. to confinement in the county jail for a period not to
	248	+	exceed six (6) months,
	249	+	f. to confinement as provided by law together with a term
	250	+	of post-imprisonment community supervision for not
	251	+	less than three (3) years of the total term allowed by
	252	+	law for imprisonment, with or without restitution;
	253	+	provided, however, the authority of this provision is
	254	+	limited to Section 843.5 of Title 21 of the Oklahoma
	255	+	Statutes when the offense involved sexual abuse or
	256	+	sexual exploitation; Sections 681, 741 and 843.1 of
	257	+	Title 21 of the Oklahoma Statutes when the offense
	258	+	involved sexual abuse or sexual exploitation; and
	259	+	Sections 865 et seq., 885, 886, 888, 891, 1021,
	260	+	1021.2, 1021.3, 1040 .13a, 1087, 1088, 1111.1, 1115 and
	261	+	1123 of Title 21 of the Oklahoma Statutes,
	262	+	g. to repay the reward or part of the reward paid by a
	263	+	local certified crime stoppers program and the
	264	+	Oklahoma Reward System. In determining whether the
	265	+	defendant shall repay th e reward or part of the
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	292	+	reward, the court shall consider the ability of the
	293	+	defendant to make the payment, the financial hardship
	294	+	on the defendant to make the required payment, and the
	295	+	importance of the information to the prosecution of
	296	+	the defendant as provided by the arresting officer or
	297	+	the district attorney with due regard for the
	298	+	confidentiality of the records of the local certified
	299	+	crime stoppers program and the Oklahoma Reward System.
	300	+	The court shall assess this repayment against the
	301	+	defendant as a cost of prosecution. The term
	302	+	"certified" means crime stoppers organizations that
	303	+	annually meet the certification standards for crime
	304	+	stoppers programs established by the Oklahoma Crime
	305	+	Stoppers Association to the extent those standards do
	306	+	not conflict with state statutes. The term "court"
	307	+	refers to all municipal and district courts within
	308	+	this state. The "Oklahoma Reward System " means the
	309	+	reward program established by Section 150.18 of Title
	310	+	74 of the Oklahoma Statutes,
	311	+	h. g. to reimburse the Oklahoma S tate Bureau of
	312	+	Investigation for costs incurred by that agency during
	313	+	its investigation of the crime for which the defendant
	314	+	pleaded guilty, nolo contendere or was convicted,
	315	+	including compensation for laboratory, technical, or
	316	+
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	342	+	investigation services perfo rmed by the Bureau if, in
	343	+	the opinion of the court, the defendant is able to pay
	344	+	without imposing manifest hardship on the defendant,
	345	+	and if the costs incurred by the Bureau during the
	346	+	investigation of the defendant 's case may be
	347	+	determined with reasonable certainty,
	348	+	i. h. to reimburse the Oklahoma State Bureau of
	349	+	Investigation and any authorized law enforcement
	350	+	agency for all costs incurred by that agency for
	351	+	cleaning up an illegal drug laboratory site for which
	352	+	the defendant pleaded guilty, nolo contender e or was
	353	+	convicted. The court clerk shall collect the amount
	354	+	and may retain five percent (5%) of such monies to be
	355	+	deposited in the Court Clerk Revolving Fund to cover
	356	+	administrative costs and shall remit the remainder to
	357	+	the Oklahoma State Bureau of Inve stigation to be
	358	+	deposited in the OSBI Revolving Fund established by
	359	+	Section 150.19a of Title 74 of the Oklahoma Statutes
	360	+	or to the general fund wherein the other law
	361	+	enforcement agency is located,
	362	+	j. i. to pay a reasonable sum to the Crime Victims
	363	+	Compensation Board, created by Section 142.2 et seq.
	364	+	of Title 21 of the Oklahoma Statutes, for the benefit
	365	+	of crime victims,
	366	+
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	392	+	k. j. to reimburse the court fund for amounts paid to court -
	393	+	appointed attorneys for representing the defendant in
	394	+	the case in which the per son is being sentenced,
	395	+	l. k. to participate in an assessment and evaluation by an
	396	+	assessment agency or assessment personnel certified by
	397	+	the Department of Mental Health and Substance Abuse
	398	+	Services pursuant to Section 3 -460 of Title 43A of the
	399	+	Oklahoma Statutes and, as determined by the
	400	+	assessment, participate in an alcohol and drug
	401	+	substance abuse course or treatment program or both,
	402	+	pursuant to Sections 3 -452 and 3-453 of Title 43A of
	403	+	the Oklahoma Statutes, or as ordered by the court,
	404	+	m. l. to be placed in a victims impact panel program, as
	405	+	defined in subsection H of this section, or
	406	+	victim/offender reconciliation program and payment of
	407	+	a fee to the program of Seventy -five Dollars ($75.00)
	408	+	as set by the governing authority of the program to
	409	+	offset the cost of participation by the defendant.
	410	+	Provided, each victim/offender reconciliation program
	411	+	shall be required to obtain a written consent form
	412	+	voluntarily signed by the victim and defendant that
	413	+	specifies the methods to be used to resolve the
	414	+	issues, the obligations and rights of each person, and
	415	+	the confidentiality of the proceedings. Volunteer
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	442	+	mediators and employees of a victim/offender
	443	+	reconciliation program shall be immune from liability
	444	+	and have rights of confidentiality as provided in
	445	+	Section 1805 of Title 12 of the Oklahoma Statutes,
	446	+	n. m. to install, at the expense of the defendant, an
	447	+	ignition interlock device approved by the Board of
	448	+	Tests for Alcohol and Drug Influence. The device
	449	+	shall be installed upon every motor vehicle operated
	450	+	by the defendant, and the court shall require that a
	451	+	notation of this restriction be affixed to the
	452	+	defendant's driver license. The restriction shall
	453	+	remain on the driver license not exceeding two (2)
	454	+	years to be determined by the court. The restriction
	455	+	may be modified or removed only by order of the court
	456	+	and notice of any modification order shall be given to
	457	+	the Department of Public Safety. Upon the expiration
	458	+	of the period for the restriction, the Department of
	459	+	Public Safety shall remove the restriction without
	460	+	further court order. Failure to comply with the order
	461	+	to install an ignition interlock device or operating
	462	+	any vehicle without a device during the period of
	463	+	restriction shall be a violation of the sentence and
	464	+	may be punished as deemed proper by the sente ncing
	465	+	court. As used in this paragraph, "ignition interlock
	466	+
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	492	+	device" means a device that, without tampering or
	493	+	intervention by another person, would prevent the
	494	+	defendant from operating a motor vehicle if the
	495	+	defendant has a blood or breath alcohol concent ration
	496	+	of two-hundredths (0.02) or greater,
	497	+	o. n. to be confined by electronic monitoring administered
	498	+	and supervised by the Department of Corrections or a
	499	+	community sentence provider, and payment of a
	500	+	monitoring fee to the supervising authority, not to
	501	+	exceed Three Hundred Dollars ($300.00) per month. Any
	502	+	fees collected pursuant to this paragraph shall be
	503	+	deposited with the appropriate supervising authority.
	504	+	Any willful violation of an order of the court for the
	505	+	payment of the monitoring fee shall be a v iolation of
	506	+	the sentence and may be punished as deemed proper by
	507	+	the sentencing court. As used in this paragraph,
	508	+	"electronic monitoring " means confinement of the
	509	+	defendant within a specified location or locations
	510	+	with supervision by means of an electroni c device
	511	+	approved by the Department of Corrections which is
	512	+	designed to detect if the defendant is in the court -
	513	+	ordered location at the required times and which
	514	+	records violations for investigation by a qualified
	515	+	supervisory agency or person,
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	542	+	p. o. to perform one or more courses of treatment, education
	543	+	or rehabilitation for any conditions, behaviors,
	544	+	deficiencies or disorders which may contribute to
	545	+	criminal conduct, including but not limited to alcohol
	546	+	and substance abuse, mental health, emotional health,
	547	+	physical health, propensity for violence, antisocial
	548	+	behavior, personality or attitudes, deviant sexual
	549	+	behavior, child development, parenting assistance, job
	550	+	skills, vocational-technical skills, domestic
	551	+	relations, literacy, education, or any other
	552	+	identifiable deficiency which may be treated
	553	+	appropriately in the community and for which a
	554	+	certified provider or a program recognized by the
	555	+	court as having significant positive impact exists in
	556	+	the community. Any treatment, education or
	557	+	rehabilitation provide r required to be certified
	558	+	pursuant to law or rule shall be certified by the
	559	+	appropriate state agency or a national organization,
	560	+	q. p. to submit to periodic testing for alcohol,
	561	+	intoxicating substance, or controlled dangerous
	562	+	substances by a qualified lab oratory,
	563	+	r. q. to pay a fee, costs for treatment, education,
	564	+	supervision, participation in a program, or any
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	591	+	combination thereof as determined by the court, based
	592	+	upon the defendant's ability to pay the fees or costs,
	593	+	s. r. to be supervised by a Department of Corrections
	594	+	employee, a private supervision provider, or other
	595	+	person designated by the court,
	596	+	t. s. to obtain positive behavior modeling by a trained
	597	+	mentor,
	598	+	u. t. to serve a term of confinement in a restrictive
	599	+	housing facility available in the commu nity,
	600	+	v. u. to serve a term of confinement in the county jail at
	601	+	night or during weekends pursuant to Section 991a -2 of
	602	+	this title or for work release,
	603	+	w. v. to obtain employment or participate in employment -
	604	+	related activities,
	605	+	x. w. to participate in mand atory day reporting to
	606	+	facilities or persons for services, payments, duties
	607	+	or person-to-person contacts as specified by the
	608	+	court,
	609	+	y. x. to pay day fines not to exceed fifty percent (50%) of
	610	+	the net wages earned. For purposes of this paragraph,
	611	+	"day fine" means the offender is ordered to pay an
	612	+	amount calculated as a percentage of net daily wages
	613	+	earned. The day fine shall be paid to the local
	614	+	community sentencing system as reparation to the
	615	+
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	641	+	community. Day fines shall be used to support the
	642	+	local system,
	643	+	z. y. to submit to blood or saliva testing as required by
	644	+	subsection I of this section,
	645	+	aa. z. to repair or restore property damaged by the
	646	+	defendant's conduct, if the court determines the
	647	+	defendant possesses sufficient skill to repair or
	648	+	restore the property and the victim consents to the
	649	+	repairing or restoring of the property,
	650	+	bb. aa. to restore damaged property in kind or payment of out -
	651	+	of-pocket expenses to the victim, if the court is able
	652	+	to determine the actual out -of-pocket expenses
	653	+	suffered by the victim,
	654	+	cc. bb. to attend a victim-offender reconciliation program if
	655	+	the victim agrees to participate and the offender is
	656	+	deemed appropriate for participation,
	657	+	dd. cc. in the case of a person convicted of prostitution
	658	+	pursuant to Section 1029 of Title 21 of the Oklahoma
	659	+	Statutes, require such person to receive counseling
	660	+	for the behavior which may have caused such person to
	661	+	engage in prostitution activities. Such person may be
	662	+	required to receive counseling in areas including but
	663	+	not limited to alcohol a nd substance abuse, sexual
	664	+
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	689	+
	690	+	behavior problems, or domestic abuse or child abuse
	691	+	problems,
	692	+	ee. dd. in the case of a sex offender sentenced after November
	693	+	1, 1989, and required by law to register pursuant to
	694	+	the Sex Offender Registration Act, the court shall
	695	+	require the person to comply with sex offender
	696	+	specific rules and conditions of supervision
	697	+	established by the Department of Corrections and
	698	+	require the person to participate in a treatment
	699	+	program designed for the treatment of sex offenders
	700	+	during the period of time while the offender is
	701	+	subject to supervision by the Department of
	702	+	Corrections. The treatment program shall include
	703	+	polygraph examinations specifically designed for use
	704	+	with sex offenders for purposes of supervision and
	705	+	treatment compliance, an d shall be administered not
	706	+	less than each six (6) months during the period of
	707	+	supervision. The examination shall be administered by
	708	+	a certified licensed polygraph examiner. The
	709	+	treatment program must be approved by the Department
	710	+	of Corrections or the D epartment of Mental Health and
	711	+	Substance Abuse Services. Such treatment shall be at
	712	+	the expense of the defendant based on the defendant 's
	713	+	ability to pay,
	714	+
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	739	+
	740	+	ff. ee. in addition to other sentencing powers of the court,
	741	+	the court in the case of a defendant bei ng sentenced
	742	+	for a felony conviction for a violation of Section 2 -
	743	+	402 of Title 63 of the Oklahoma Statutes which
	744	+	involves marijuana may require the person to
	745	+	participate in a drug court program, if available. If
	746	+	a drug court program is not available, the defendant
	747	+	may be required to participate in a community
	748	+	sanctions program, if available,
	749	+	gg. ff. in the case of a person convicted of any false or
	750	+	bogus check violation, as defined in Section 1541.4 of
	751	+	Title 21 of the Oklahoma Statutes, impose a fee of
	752	+	Twenty-five Dollars ($25.00) to the victim for each
	753	+	check, and impose a bogus check fee to be paid to the
	754	+	district attorney. The bogus check fee paid to the
	755	+	district attorney shall be equal to the amount
	756	+	assessed as court costs plus Twenty -five Dollars
	757	+	($25.00) for each check upon filing of the case in
	758	+	district court. This money shall be deposited in the
	759	+	Bogus Check Restitution Program Fund as established in
	760	+	subsection B of Section 114 of this title.
	761	+	Additionally, the court may require the offender to
	762	+	pay restitution and bogus check fees on any other
	763	+
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	788	+
	789	+	bogus check or checks that have been submitted to the
	790	+	District Attorney Bogus Check Restitution Program, and
	791	+	hh. gg. any other provision specifically ordered by the court.
	792	+	However, any such order for restitution , community service,
	793	+	payment to a local certified crime stoppers program, payment to the
	794	+	Oklahoma Reward System, or confinement in the county jail, or a
	795	+	combination thereof, shall be made in conjunction with probation and
	796	+	shall be made a condition of the s uspended sentence.
	797	+	However, unless under the supervision of the district attorney,
	798	+	the offender shall be required to pay Forty Dollars ($40.00) per
	799	+	month to the district attorney during the first two (2) years of
	800	+	probation to compensate the district attorn ey for the costs incurred
	801	+	during the prosecution of the offender and for the additional work
	802	+	of verifying the compliance of the offender with the rules and
	803	+	conditions of his or her probation. The district attorney may waive
	804	+	any part of this requirement in the best interests of justice. The
	805	+	court shall not waive, suspend, defer or dismiss the costs of
	806	+	prosecution in its entirety. However, if the court determines that
	807	+	a reduction in the fine, costs and costs of prosecution is
	808	+	warranted, the court shall equ ally apply the same percentage
	809	+	reduction to the fine, costs and costs of prosecution owed by the
	810	+	offender;
	811	+	2. Impose a fine prescribed by law for the offense, with or
	812	+	without probation or commitment and with or without restitution or
	813	+
	814	+	ENGR. H. B. NO. 1651 Page 15 1
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	824	+	11
	825	+	12
	826	+	13
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	838	+
	839	+	service as provided f or in this section, Section 991a -4.1 of this
	840	+	title or Section 227 of Title 57 of the Oklahoma Statutes;
	841	+	3. Commit such person for confinement provided for by law with
	842	+	or without restitution as provided for in this section;
	843	+	4. Order the defendant to reimb urse the Oklahoma State Bureau
	844	+	of Investigation for costs incurred by that agency during its
	845	+	investigation of the crime for which the defendant pleaded guilty,
	846	+	nolo contendere or was convicted, including compensation for
	847	+	laboratory, technical, or investiga tion services performed by the
	848	+	Bureau if, in the opinion of the court, the defendant is able to pay
	849	+	without imposing manifest hardship on the defendant, and if the
	850	+	costs incurred by the Bureau during the investigation of the
	851	+	defendant's case may be determi ned with reasonable certainty;
	852	+	5. Order the defendant to reimburse the Oklahoma State Bureau
	853	+	of Investigation for all costs incurred by that agency for cleaning
	854	+	up an illegal drug laboratory site for which the defendant pleaded
	855	+	guilty, nolo contendere or was convicted. The court clerk shall
	856	+	collect the amount and may retain five percent (5%) of such monies
	857	+	to be deposited in the Court Clerk Revolving Fund to cover
	858	+	administrative costs and shall remit the remainder to the Oklahoma
	859	+	State Bureau of Investiga tion to be deposited in the OSBI Revolving
	860	+	Fund established by Section 150.19a of Title 74 of the Oklahoma
	861	+	Statutes;
	862	+
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	887	+
	888	+	6. In the case of nonviolent felony offenses, sentence such
	889	+	person to the Community Service Sentencing Program;
	890	+	7. In addition to the oth er sentencing powers of the court, in
	891	+	the case of a person convicted of operating or being in control of a
	892	+	motor vehicle while the person was under the influence of alcohol,
	893	+	other intoxicating substance, or a combination of alcohol or another
	894	+	intoxicating substance, or convicted of operating a motor vehicle
	895	+	while the ability of the person to operate such vehicle was impaired
	896	+	due to the consumption of alcohol, require such person:
	897	+	a. to participate in an alcohol and drug assessment and
	898	+	evaluation by an asses sment agency or assessment
	899	+	personnel certified by the Department of Mental Health
	900	+	and Substance Abuse Services pursuant to Section 3 -460
	901	+	of Title 43A of the Oklahoma Statutes and, as
	902	+	determined by the assessment, participate in an
	903	+	alcohol and drug substanc e abuse course or treatment
	904	+	program or both, pursuant to Sections 3 -452 and 3-453
	905	+	of Title 43A of the Oklahoma Statutes,
	906	+	b. to attend a victims impact panel program, as defined
	907	+	in subsection H of this section, and to pay a fee of
	908	+	Seventy-five Dollars ($75.00) as set by the governing
	909	+	authority of the program and approved by the court, to
	910	+	the program to offset the cost of participation by the
	911	+
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	936	+
	937	+	defendant, if in the opinion of the court the
	938	+	defendant has the ability to pay such fee,
	939	+	c. to both participate in the alcohol and drug substance
	940	+	abuse course or treatment program, pursuant to
	941	+	subparagraph a of this paragraph and attend a victims
	942	+	impact panel program, pursuant to subparagraph b of
	943	+	this paragraph,
	944	+	d. to install, at the expense of the person, an ignition
	945	+	interlock device approved by the Board of Tests for
	946	+	Alcohol and Drug Influence, upon every motor vehicle
	947	+	operated by such person and to require that a notation
	948	+	of this restriction be affixed to the person 's driver
	949	+	license at the time of reinstatement of the license.
	950	+	The restriction shall remain on the driver license for
	951	+	such period as the court shall determine. The
	952	+	restriction may be modified or removed by order of the
	953	+	court and notice of the order shall be given to the
	954	+	Department of Public Safety. Upon th e expiration of
	955	+	the period for the restriction, the Department of
	956	+	Public Safety shall remove the restriction without
	957	+	further court order. Failure to comply with the order
	958	+	to install an ignition interlock device or operating
	959	+	any vehicle without such device during the period of
	960	+	restriction shall be a violation of the sentence and
	961	+
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	986	+
	987	+	may be punished as deemed proper by the sentencing
	988	+	court, or
	989	+	e. beginning January 1, 1993, to submit to electronically
	990	+	monitored home detention administered and supervised
	991	+	by the Department of Corrections, and to pay to the
	992	+	Department a monitoring fee, not to exceed Seventy -
	993	+	five Dollars ($75.00) a month, to the Department of
	994	+	Corrections, if in the opinion of the court the
	995	+	defendant has the ability to pay such fee. Any fees
	996	+	collected pursuant to this subparagraph shall be
	997	+	deposited in the Department of Corrections Revolving
	998	+	Fund. Any order by the court for the payment of the
	999	+	monitoring fee, if willfully disobeyed, may be
	1000	+	enforced as an indirect contempt of court;
	1001	+	8. In addition to t he other sentencing powers of the court, in
	1002	+	the case of a person convicted of prostitution pursuant to Section
	1003	+	1029 of Title 21 of the Oklahoma Statutes, require such person to
	1004	+	receive counseling for the behavior which may have caused such
	1005	+	person to engage in prostitution activities. Such person may be
	1006	+	required to receive counseling in areas including but not limited to
	1007	+	alcohol and substance abuse, sexual behavior problems, or domestic
	1008	+	abuse or child abuse problems;
	1009	+	9. In addition to the other sentencing powers of the court, in
	1010	+	the case of a person convicted of any crime related to domestic
	1011	+
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	1036	+
	1037	+	abuse, as defined in Section 60.1 of this title, the court may
	1038	+	require the defendant to undergo the treatment or participate in the
	1039	+	counseling services necessary to bri ng about the cessation of
	1040	+	domestic abuse against the victim. The defendant may be required to
	1041	+	pay all or part of the cost of the treatment or counseling services;
	1042	+	10. In addition to the other sentencing powers of the court,
	1043	+	the court, in the case of a se x offender sentenced after November 1,
	1044	+	1989, and required by law to register pursuant to the Sex Offenders
	1045	+	Registration Act, shall require the person to participate in a
	1046	+	treatment program designed specifically for the treatment of sex
	1047	+	offenders, if availab le. The treatment program will include
	1048	+	polygraph examinations specifically designed for use with sex
	1049	+	offenders for the purpose of supervision and treatment compliance,
	1050	+	provided the examination is administered by a certified licensed
	1051	+	polygraph examiner. T he treatment program must be approved by the
	1052	+	Department of Corrections or the Department of Mental Health and
	1053	+	Substance Abuse Services. Such treatment shall be at the expense of
	1054	+	the defendant based on the defendant 's ability to pay;
	1055	+	11. In addition to th e other sentencing powers of the court,
	1056	+	the court, in the case of a person convicted of abuse or neglect of
	1057	+	a child, as defined in Section 1 -1-105 of Title 10A of the Oklahoma
	1058	+	Statutes, may require the person to undergo treatment or to
	1059	+	participate in couns eling services. The defendant may be required
	1060	+
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	1085	+
	1086	+	to pay all or part of the cost of the treatment or counseling
	1087	+	services;
	1088	+	12. In addition to the other sentencing powers of the court,
	1089	+	the court, in the case of a person convicted of cruelty to animals
	1090	+	pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
	1091	+	require the person to pay restitution to animal facilities for
	1092	+	medical care and any boarding costs of victimized animals;
	1093	+	13. In addition to the other sentencing powers of the court, a
	1094	+	sex offender who is habitual or aggravated as defined by Section 584
	1095	+	of Title 57 of the Oklahoma Statutes and who is required to register
	1096	+	as a sex offender pursuant to the Oklahoma Sex Offenders
	1097	+	Registration Act shall be supervised by the Department of
	1098	+	Corrections for the duration of the registration period and shall be
	1099	+	assigned to a global position monitoring device by the Department of
	1100	+	Corrections for the duration of the registration period. The cost
	1101	+	of such monitoring device shall be reimbursed by the offender;
	1102	+	14. In addition to the other sentencing powers of the court, in
	1103	+	the case of a sex offender who is required by law to register
	1104	+	pursuant to the Sex Offenders Registration Act, the court may
	1105	+	prohibit the person from accessing or using any Internet social
	1106	+	networking website that has the potential or likelihood of allowing
	1107	+	the sex offender to have contact with any child who is under the age
	1108	+	of eighteen (18) years; or
	1109	+
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	1134	+
	1135	+	15. In addition to the other sentencing powers of the court, in
	1136	+	the case of a sex offender who i s required by law to register
	1137	+	pursuant to the Sex Offenders Registration Act, the court shall
	1138	+	require the person to register any electronic mail address
	1139	+	information, instant message, chat or other Internet communication
	1140	+	name or identity information that th e person uses or intends to use
	1141	+	while accessing the Internet or used for other purposes of social
	1142	+	networking or other similar Internet communication.
	1143	+	B. Notwithstanding any other provision of law, any person who
	1144	+	is found guilty of a violation of any provi sion of Section 761 or
	1145	+	11-902 of Title 47 of the Oklahoma Statutes or any person pleading
	1146	+	guilty or nolo contendere for a violation of any provision of such
	1147	+	sections shall be ordered to participate in, prior to sentencing, an
	1148	+	alcohol and drug assessment an d evaluation by an assessment agency
	1149	+	or assessment personnel certified by the Department of Mental Health
	1150	+	and Substance Abuse Services for the purpose of evaluating the
	1151	+	receptivity to treatment and prognosis of the person. The court
	1152	+	shall order the person to reimburse the agency or assessor for the
	1153	+	evaluation. The fee shall be the amount provided in subsection C of
	1154	+	Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
	1155	+	shall be conducted at a certified assessment agency, the office of a
	1156	+	certified assessor or at another location as ordered by the court.
	1157	+	The agency or assessor shall, within seventy -two (72) hours from the
	1158	+	time the person is assessed, submit a written report to the court
	1159	+
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	1184	+
	1185	+	for the purpose of assisting the court in its final sente ncing
	1186	+	determination. No person, agency or facility operating an alcohol
	1187	+	and drug substance abuse evaluation program certified by the
	1188	+	Department of Mental Health and Substance Abuse Services shall
	1189	+	solicit or refer any person evaluated pursuant to this subs ection
	1190	+	for any treatment program or alcohol and drug substance abuse
	1191	+	service in which such person, agency or facility has a vested
	1192	+	interest; however, this provision shall not be construed to prohibit
	1193	+	the court from ordering participation in or any person f rom
	1194	+	voluntarily utilizing a treatment program or alcohol and drug
	1195	+	substance abuse service offered by such person, agency or facility.
	1196	+	If a person is sentenced to the custody of the Department of
	1197	+	Corrections and the court has received a written evaluation report
	1198	+	pursuant to this subsection, the report shall be furnished to the
	1199	+	Department of Corrections with the judgment and sentence. Any
	1200	+	evaluation report submitted to the court pursuant to this subsection
	1201	+	shall be handled in a manner which will keep such r eport
	1202	+	confidential from the general public 's review. Nothing contained in
	1203	+	this subsection shall be construed to prohibit the court from
	1204	+	ordering judgment and sentence in the event the defendant fails or
	1205	+	refuses to comply with an order of the court to obta in the
	1206	+	evaluation required by this subsection.
	1207	+	C. When sentencing a person convicted of a crime, the court
	1208	+	shall first consider a program of restitution for the victim, as
	1209	+
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	1234	+
	1235	+	well as imposition of a fine or incarceration of the offender. The
	1236	+	provisions of paragraph 1 of subsection A of this section shall not
	1237	+	apply to defendants being sentenced upon their third or subsequent
	1238	+	to their third conviction of a felony or, beginning January 1, 1993,
	1239	+	to defendants being sentenced for their second or subsequent felony
	1240	+	conviction for violation of Section 11 -902 of Title 47 of the
	1241	+	Oklahoma Statutes, except as otherwise provided in this subsection.
	1242	+	In the case of a person being sentenced for his or her second or
	1243	+	subsequent felony conviction for violation of Section 11 -902 of
	1244	+	Title 47 of the Oklahoma Statutes, the court may sentence the person
	1245	+	pursuant to the provisions of paragraph 1 of subsection A of this
	1246	+	section if the court orders the person to submit to electronically
	1247	+	monitored home detention administered and supervi sed by the
	1248	+	Department of Corrections pursuant to subparagraph e of paragraph 7
	1249	+	of subsection A of this section. Provided, the court may waive
	1250	+	these prohibitions upon written application of the district
	1251	+	attorney. Both the application and the waiver shall be made part of
	1252	+	the record of the case.
	1253	+	D. When sentencing a person convicted of a crime, the judge
	1254	+	shall consider any victims impact statements if submitted to the
	1255	+	jury, or the judge in the event a jury is waived.
	1256	+	E. Probation, for purposes of subsectio n A of this section, is
	1257	+	a procedure by which a defendant found guilty of a crime, whether
	1258	+	upon a verdict or plea of guilty or upon a plea of nolo contendere,
	1259	+
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	1285	+	is released by the court subject to conditions imposed by the court
	1286	+	and subject to supervision by the Department of Corrections, a
	1287	+	private supervision provider or other person designated by the
	1288	+	court. Such supervision shall be initiated upon an order of
	1289	+	probation from the court, and shall not exceed two (2) years, unless
	1290	+	a petition alleging a violatio n of any condition of deferred
	1291	+	judgment or seeking revocation of the suspended sentence is filed
	1292	+	during the supervision, or as otherwise provided by law. In the
	1293	+	case of a person convicted of a sex offense, supervision shall begin
	1294	+	immediately upon release from incarceration or if parole is granted
	1295	+	and shall not be limited to two (2) years. Provided further, any
	1296	+	supervision provided for in this section may be extended for a
	1297	+	period not to exceed the expiration of the maximum term or terms of
	1298	+	the sentence upon a determination by the court or the Division of
	1299	+	Probation and Parole of the Department of Corrections that the best
	1300	+	interests of the public and the release will be served by an
	1301	+	extended period of supervision.
	1302	+	F. The Department of Corrections, or such ot her agency as the
	1303	+	court may designate, shall be responsible for the monitoring and
	1304	+	administration of the restitution and service programs provided for
	1305	+	by subparagraphs a, c, and d of paragraph 1 of subsection A of this
	1306	+	section, and shall ensure that restit ution payments are forwarded to
	1307	+	the victim and that service assignments are properly performed.
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	1334	+	G. 1. The Department of Corrections is hereby authorized,
	1335	+	subject to funds available through appropriation by the Legislature,
	1336	+	to contract with counties for t he administration of county Community
	1337	+	Service Sentencing Programs.
	1338	+	2. Any offender eligible to participate in the Program program
	1339	+	pursuant to this section shall be eligible to participate in a
	1340	+	county Program program; provided, participation in county -funded
	1341	+	Programs programs shall not be limited to offenders who would
	1342	+	otherwise be sentenced to confinement with the Department of
	1343	+	Corrections.
	1344	+	3. The Department shall establish criteria and specifications
	1345	+	for contracts with counties for such Programs programs. A county
	1346	+	may apply to the Department for a contract for a county -funded
	1347	+	Program program for a specific period of time. The Department shall
	1348	+	be responsible for ensuring that any contracting county complies in
	1349	+	full with specifications and requirements of the contract. The
	1350	+	contract shall set appropriate compensation to the county for
	1351	+	services to the Department.
	1352	+	4. The Department is hereby authorized to provide technical
	1353	+	assistance to any county in establishing a Program program,
	1354	+	regardless of whether the county enters into a contract pursuant to
	1355	+	this subsection. Technical assistance shall include appropriate
	1356	+	staffing, development of community resources, sponsorship,
	1357	+	supervision and any other requirements.
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	1384	+	5. The Department shall annually make a report t o the Governor,
	1385	+	the President Pro Tempore of the Senate and the Speaker of the House
	1386	+	on the number of such Programs programs, the number of participating
	1387	+	offenders, the success rates of each Program program according to
	1388	+	criteria established by the Departme nt and the costs of each Program
	1389	+	program.
	1390	+	H. As used in this section:
	1391	+	1. "Ignition interlock device " means a device that, without
	1392	+	tampering or intervention by another person, would prevent the
	1393	+	defendant from operating a motor vehicle if the defendant has a
	1394	+	blood or breath alcohol concentration of two -hundredths (0.02) or
	1395	+	greater;
	1396	+	2. "Electronically monitored home detention " means
	1397	+	incarceration of the defendant within a specified location or
	1398	+	locations with monitoring by means of a device approved by the
	1399	+	Department of Corrections that detects if the person leaves the
	1400	+	confines of any specified location; and
	1401	+	3. "Victims impact panel program " means a program conducted by
	1402	+	a corporation registered with the Secretary of State in Oklahoma for
	1403	+	the sole purpose of operating a victims impact panel program. The
	1404	+	program shall include live presentations from presenters who will
	1405	+	share personal stories with participants about how alcohol, drug
	1406	+	abuse, the operation of a motor vehicle while using an electronic
	1407	+	communication device or the illegal conduct of others has personally
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	1434	+	impacted the lives of the presenters. A victims impact panel
	1435	+	program shall be attended by persons who have committed the offense
	1436	+	of driving, operating or being in actual physical control of a motor
	1437	+	vehicle while under the influence of alcohol or other intoxicating
	1438	+	substance, operating a motor vehicle while the ability of the person
	1439	+	to operate such vehicle was impaired due to the consumption of
	1440	+	alcohol or any other substance or operating a motor vehic le while
	1441	+	using an electronic device. Persons attending a victims impact
	1442	+	panel program shall be required to pay a fee of Seventy -five Dollars
	1443	+	($75.00) to the provider of the program. A certificate of
	1444	+	completion shall be issued to the person upon satisfyin g the
	1445	+	attendance and fee requirements of the victims impact panel program.
	1446	+	The certificate of completion shall contain the business
	1447	+	identification number of the program provider. A certified
	1448	+	assessment agency, certified assessor or provider of an alcohol and
	1449	+	drug substance abuse course shall be prohibited from providing a
	1450	+	victims impact panel program and shall further be prohibited from
	1451	+	having any proprietary or pecuniary interest in a victims impact
	1452	+	panel program. The provider of the victims impact pane l program
	1453	+	shall carry general liability insurance and maintain an accurate
	1454	+	accounting of all business transactions and funds received in
	1455	+	relation to the victims impact panel program. Beginning October 1,
	1456	+	2020, and each October 1 thereafter, the provider o f the victims
	1457	+
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	1483	+	impact panel program shall provide to the District Attorneys Council
	1484	+	the following:
	1485	+	a. proof of registration with the Oklahoma Secretary of
	1486	+	State,
	1487	+	b. proof of general liability insurance,
	1488	+	c. end-of-year financial statements prepared by a
	1489	+	certified public accountant,
	1490	+	d. a copy of federal income tax returns filed with the
	1491	+	Internal Revenue Service,
	1492	+	e. a registration fee of One Thousand Dollars
	1493	+	($1,000.00). The registration fee shall be deposited
	1494	+	in the District Attorneys Council Revolving Fund
	1495	+	created in Section 215.28 of Title 19 of the Oklahoma
	1496	+	Statutes, and
	1497	+	f. a statement certifying that the provider of the
	1498	+	victims impact panel program has complied with all of
	1499	+	the requirements set forth in this paragraph.
	1500	+	I. A person convicted of a felony off ense or receiving any form
	1501	+	of probation for an offense in which registration is required
	1502	+	pursuant to the Sex Offenders Registration Act, shall submit to
	1503	+	deoxyribonucleic acid (DNA) testing for law enforcement
	1504	+	identification purposes in accordance with Sect ion 150.27 of Title
	1505	+	74 of the Oklahoma Statutes and the rules promulgated by the
	1506	+	Oklahoma State Bureau of Investigation for the OSBI Combined DNA
	1507	+
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	1533	+	Index System (CODIS) Database. Subject to the availability of
	1534	+	funds, any person convicted of a misdemeanor of fense of assault and
	1535	+	battery, domestic abuse, stalking, possession of a controlled
	1536	+	substance prohibited under Schedule IV of the Uniform Controlled
	1537	+	Dangerous Substances Act, outraging public decency, resisting
	1538	+	arrest, escape or attempting to escape, eludin g a police officer,
	1539	+	Peeping Tom, pointing a firearm, threatening an act of violence,
	1540	+	breaking and entering a dwelling place, destruction of property,
	1541	+	negligent homicide, or causing a personal injury accident while
	1542	+	driving under the influence of any intoxic ating substance, or any
	1543	+	alien unlawfully present under federal immigration law, upon arrest,
	1544	+	shall submit to DNA testing for law enforcement identification
	1545	+	purposes in accordance with Section 150.27 of Title 74 of the
	1546	+	Oklahoma Statutes and the rules promul gated by the Oklahoma State
	1547	+	Bureau of Investigation for the OSBI Combined DNA Index System
	1548	+	(CODIS) Database. Any defendant sentenced to probation shall be
	1549	+	required to submit to testing within thirty (30) days of sentencing
	1550	+	either to the Department of Corr ections or to the county sheriff or
	1551	+	other peace officer as directed by the court. Defendants who are
	1552	+	sentenced to a term of incarceration shall submit to testing in
	1553	+	accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
	1554	+	for those defendants w ho enter the custody of the Department of
	1555	+	Corrections or to the county sheriff, for those defendants sentenced
	1556	+	to incarceration in a county jail. Convicted individuals who have
	1557	+
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	1583	+	previously submitted to DNA testing under this section and for whom
	1584	+	a valid sample is on file in the OSBI Combined DNA Index System
	1585	+	(CODIS) Database at the time of sentencing shall not be required to
	1586	+	submit to additional testing. Except as required by the Sex
	1587	+	Offenders Registration Act, a deferred judgment does not require
	1588	+	submission to DNA testing.
	1589	+	Any person who is incarcerated in the custody of the Department
	1590	+	of Corrections after July 1, 1996, and who has not been released
	1591	+	before January 1, 2006, shall provide a blood or saliva sample prior
	1592	+	to release. Every person subject to DN A testing after January 1,
	1593	+	2006, whose sentence does not include a term of confinement with the
	1594	+	Department of Corrections shall submit a blood or saliva sample.
	1595	+	Every person subject to DNA testing who is sentenced to unsupervised
	1596	+	probation or otherwise no t supervised by the Department of
	1597	+	Corrections shall submit for blood or saliva testing to the sheriff
	1598	+	of the sentencing county.
	1599	+	J. Samples of blood or saliva for DNA testing required by
	1600	+	subsection I of this section shall be taken by employees or
	1601	+	contractors of the Department of Corrections, peace officers, or the
	1602	+	county sheriff or employees or contractors of the sheriff 's office.
	1603	+	The individuals shall be properly trained to collect blood or saliva
	1604	+	samples. Persons collecting blood or saliva for DNA testi ng
	1605	+	pursuant to this section shall be immune from civil liabilities
	1606	+	arising from this activity. All collectors of DNA samples shall
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	1633	+	ensure the collection of samples are mailed to the Oklahoma State
	1634	+	Bureau of Investigation within ten (10) days of the time t he subject
	1635	+	appears for testing or within ten (10) days of the date the subject
	1636	+	comes into physical custody to serve a term of incarceration. All
	1637	+	collectors of DNA samples shall use sample kits provided by the OSBI
	1638	+	and procedures promulgated by the OSBI. Persons subject to DNA
	1639	+	testing who are not received at the Lexington Assessment and
	1640	+	Reception Center shall be required to pay a fee of Fifteen Dollars
	1641	+	($15.00) to the agency collecting the sample for submission to the
	1642	+	OSBI Combined DNA Index System (CODIS) Database. Any fees collected
	1643	+	pursuant to this subsection shall be deposited in the revolving
	1644	+	account or the service fee account of the collection agency or
	1645	+	department.
	1646	+	K. When sentencing a person who has been convicted of a crime
	1647	+	that would subject that person to the provisions of the Sex
	1648	+	Offenders Registration Act, neither the court nor the district
	1649	+	attorney shall be allowed to waive or exempt such person from the
	1650	+	registration requirements of the Sex Offenders Registration Act.
	1651	+	SECTION 4. This act shall become effective November 1, 2021.
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	1677	+
	1678	+	Passed the House of Representatives the 11th day of March, 2021.
	1679	+
33	1680
34	1681
35	1682
36	1683		Presiding Officer of the House
37	1684		of Representatives
38	1685
39		-	Passed the Senate the 15th day of April, 2021.
	1686	+
	1687	+	Passed the Senate the ___ day of __________, 2021.
40	1688
41	1689
42	1690
43	1691
44	1692		Presiding Officer of t he Senate
45	1693
46		-
47		-
48		-	OFFICE OF THE GOVERNOR
49		-	Received by the Office of the Governor this ____________________
50		-	day of ___________________, 20_______, at _______ o'clock _______ M.
51		-	By: _________________________________
52		-	Approved by the Governor of the State of Oklahoma this _________
53		-	day of ___________________, 20_______, at _______ o'clock _______ M.
54		-
55		-
56		-	_________________________________
57		-	Governor of the State of Oklahoma
58		-
59		-	OFFICE OF THE SECRETARY OF STATE
60		-	Received by the Office of the Secretary of S tate this __________
61		-	day of ___________________, 20_______, at _______ o'clock _______ M.
62		-	By: _________________________________