Oklahoma 2022 Regular Session

Oklahoma House Bill HB3135 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	3	+	SENATE FLOOR VERSION - HB3135 SFLR Page 1
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	29	+	SENATE FLOOR VERSION
	30	+	March 29, 2022
	31	+	AS AMENDED
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 3135 By: Kendrix of the House
4	35
5	36		and
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7	38		Coleman of the Senate
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12		-
13		-
14		-	An Act relating to criminal procedure; amending 22
15		-	O.S. 2021, Section 9 88.2, which relates to the
16		-	Oklahoma Community Sentencing Act; modifying eligible
17		-	offender definition; and providing an effec tive date.
	43	+	[ criminal procedure - eligible offender definition -
	44	+	effective date ]
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22		-	SUBJECT: Criminal procedure
23		-
24	49		BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
25		-
26	50		SECTION 1. AMENDATORY 22 O.S. 2021, Section 988.2, is
27	51		amended to read as follows:
28		-
29	52		Section 988.2 A. For purposes of the Ok lahoma Community
30	53		Sentencing Act:
31		-
32	54		1. "Local community sentencing system " means the use of public
33	55		and private entities to deliver services to the sentencing court for
34	56		punishment of eligible felony offe nders under the authority of a
35	57		community sentence;
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37	58		2. "Community sentence" or "community punishment" means a
38	59		punishment imposed by t he court as a condition of a deferred or
39	60		suspended sentence for an eligible offender;
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41	61		3. "Continuum of sanctions" means a variety of coercive
42	62		measures ranked by degrees of public safety, punitive effect, and
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43	90		cost benefit which are available to the sentenc ing judge as
44	91		punishment for criminal conduct;
45		-	ENR. H. B. NO. 3135 Page 2
46	92		4. "Community sentencing system planning council " or "planning
47	93		council" means a group of citizens and elected officials specified
48	94		by law or appointed by the Chief Judge of the Judicial District
49	95		which plans the local community sentencing system and with the
50	96		assistance of the Community Sentencing Division of the Department of
51	97		Corrections locates treatment pr oviders and resources to suppo rt the
52	98		local community sentencing sys tem;
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54	99		5. "Incentive" means a court-ordered reduction in the terms or
55	100		conditions of a community sentence which is given for exceptional
56	101		performance or progress by t he offender;
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58	102		6. "Disciplinary sanction" means a court-ordered punishment in
59	103		response to a technical or noncompliance violation of a community
60	104		sentence which increases in intensity or duration with each
61	105		successive violation;
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63	106		7. "Division" means the Community Sentencing Division wi thin
64	107		the Department of Correct ions which is the state administratio n
65	108		agency for the Oklahoma Community Sent encing Act, the statewide
66	109		community sentencing system, and all local community sentencing
67	110		systems;
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69	111		8. "Eligible offender" means a felony an offender who has been
70	112		convicted of or who has entered a plea other than not guilty to a
71	113		felony offense crime and who upon completion of a risk and needs
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72	141		assessment has been found to be in a range other than the low range
73	142		and who is not otherwise prohibited by law, or is a person who has
74	143		had an assessment authorized by Section 3 -704 of Title 43A of the
75	144		Oklahoma Statutes and the assessment recommends community
76	145		sentencing. Provided, however, that no person who has been
77	146		convicted of or who has entered a plea other tha n not guilty to an
78	147		offense enumerated in paragraph 2 of Section 571 of Title 57 of the
79	148		Oklahoma Statutes, a s an exception to the definition of "nonviolent
80	149		offense", shall be eligible for a community sentence or communit y
81	150		punishment unless the district atto rney or an assistant district
82	151		attorney for the district in which th e offender's conviction was
83	152		obtained consents thereto. The district attorney may consent to
84	153		eligibility for an offender who has a mental illness or a
85	154		developmental disability or a co -occurring mental illness and
86	155		substance abuse disorder and who scores in the low range on the risk
87	156		and needs assessment authorized by Section 3-704 of Title 43A of the
88	157		Oklahoma Statutes or another assessment instrument if the offender
89	158		is not otherwise prohibited by law. Any consent by a dis trict
90		-	attorney shall be made a part o f the record of the case; and ENR. H. B. NO. 3135 Page 3
91		-
	159	+	attorney shall be made a part o f the record of the case; and
92	160		9. "Statewide community sentencing system" means a network of
93	161		all counties through their respective local community sente ncing
94	162		systems serving the state judic ial system and offering suppor t
95	163		services to each other through reci procal and interlocal agreements
96	164		and interagency cooperation.
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98	192		B. For the purposes of the Oklahoma Community Sentencing Act,
99	193		if a judicial district does not have a Chief Judge or if a judic ial
100	194		district has more than one Chief Judge, the duties of the Chief
101	195		Judge provided for in the Oklahoma Comm unity Sentencing Act shall be
102	196		performed by the Presiding Judge of the Judicial Administrative
103	197		District.
104		-
105	198		SECTION 2. This act shall be come effective November 1, 2022.
106		-	ENR. H. B. NO. 3135 Page 4
107		-	Passed the House of Representatives the 8th day of March, 2022.
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112		-	Presiding Officer of the House
113		-	of Representatives
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116		-	Passed the Senate the 20th day of April, 2022.
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121		-	Presiding Officer of the Senate
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123		-
124		-	OFFICE OF THE GOVERNOR
125		-	Received by the Office of the Governor this ____________________
126		-	day of ___________________, 20_______, at _______ o'clock _______ M.
127		-	By: _________________________________
128		-	Approved by the Governor of the State of Oklahoma this _____ ____
129		-	day of ___________________, 20_______, at _______ o'clock _______ M.
130		-
131		-
132		-	_________________________________
133		-	Governor of the State of Oklahoma
134		-
135		-	OFFICE OF THE SECRETARY OF STATE
136		-	Received by the Office of the Secretary of State this __________
137		-	day of ___________________, 20_______, at _______ o'clock _______ M.
138		-	By: _________________________________
139		-
	199	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	200	+	March 29, 2022 - DO PASS AS AMENDED