An Act
ENROLLED HOUSE
BILL NO. 3135 By: Kendrix of the House
and
Coleman of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 9 88.2, which relates to the
Oklahoma Community Sentencing Act; modifying eligible
offender definition; and providing an effec tive date.
SUBJECT: Criminal procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 988.2, is
amended to read as follows:
Section 988.2 A. For purposes of the Ok lahoma Community
Sentencing Act:
1. "Local community sentencing system " means the use of public
and private entities to deliver services to the sentencing court for
punishment of eligible felony offe nders under the authority of a
community sentence;
2. "Community sentence" or "community punishment" means a
punishment imposed by the court as a condition of a deferred or
suspended sentence for an eligible offender;
3. "Continuum of sanctions" means a variety of coercive
measures ranked by degrees of public safety, punitive effect, and
cost benefit which are available to the sentencing judge as
punishment for criminal conduct;
ENR. H. B. NO. 3135 Page 2
4. "Community sentencing system planning council " or "planning
council" means a group of citizens an d elected officials specified
by law or appointed by the Chief Judge of the Judicial District
which plans the local community sentencing system and with the
assistance of the Community Sentencing Division of the Department of
Corrections locates treatment providers and resources to suppo rt the
local community sentencing sys tem;
5. "Incentive" means a court-ordered reduction in the terms or
conditions of a community sentence which is given for exceptional
performance or progress by t he offender;
6. "Disciplinary sanction" means a court-ordered punishment in
response to a technical or noncompliance violation of a community
sentence which increases in intensity or duration with each
successive violation;
7. "Division" means the Community Sentencing Divisi on within
the Department of Correct ions which is the state administratio n
agency for the Oklahoma Community Sentencing Act, the statewide
community sentencing system, and all local community sentencing
systems;
8. "Eligible offender" means a felony an offender who has been
convicted of or who has entered a plea other than not guilty to a
felony offense crime and who upon completion of a risk and needs
assessment has been found to be in a range other than the low range
and who is not otherwise prohibited b y law, or is a person who has
had an assessment authorized by Section 3 -704 of Title 43A of the
Oklahoma Statutes and the assessment recommends community
sentencing. Provided, however, that no person who has been
convicted of or who has entered a plea oth er than not guilty to an
offense enumerated in paragraph 2 of Section 571 of Title 57 of the
Oklahoma Statutes, as an exception to the definition of "nonviolent
offense", shall be eligible for a community sentence or communit y
punishment unless the distric t attorney or an assistant district
attorney for the district in which th e offender's conviction was
obtained consents thereto. The district attorney may consent to
eligibility for an offender who has a mental illness or a
developmental disability or a co -occurring mental illness and
substance abuse disorder and who scores in the low range on the risk
and needs assessment authorized by Section 3 -704 of Title 43A of the
Oklahoma Statutes or another assessment instrument if the offender
is not otherwise proh ibited by law. Any consent by a dis trict
attorney shall be made a part o f the record of the case; and ENR. H. B. NO. 3135 Page 3
9. "Statewide community sentencing system " means a network of
all counties through their respective local community sente ncing
systems serving the state judicial system and offering suppor t
services to each other through reci procal and interlocal agreements
and interagency cooperation.
B. For the purposes of the Oklahoma Community Sentencing Act,
if a judicial district does not have a Chief Judge or if a judicial
district has more than one Chief Judge, the duties of the Chief
Judge provided for in the Oklahoma Community Sentencing Act shall be
performed by the Presiding Judge of the Judicial Administrative
District.
SECTION 2. This act shall become effective November 1, 2022.
ENR. H. B. NO. 3135 Page 4
Passed the House of Representatives the 8th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 20th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________