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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3293 By: Humphrey
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38	38	AS INTRODUCED
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40	40	An Act relating to criminal procedure; amending 22
41	41	O.S. 2021, Section 98 2a, which relates to sentence
42	42	modification; removing approval requirement for
43	43	certain sentence modifications; removing limitation
44	44	when modifying sentences imposed via plea agreements
45	45	or jury verdicts; and providing an effective date.
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50	50	BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 22 O.S. 2021, Section 982a, is
52	52	amended to read as follows:
53	53	Section 982a. A. 1. Any time within sixty (60) months after
54	54	the initial sentence is imposed or within sixty (60) months after
55	55	probation has been revoked, the court im posing sentence or
56	56	revocation of probation may modify such sentence or re vocation by
57	57	directing that another sentence be imposed, if the court is
58	58	satisfied that the best interests of the public will not be
59	59	jeopardized; provided, however, the court shall not impose a
60	60	deferred sentence. Any application for sentence modification t hat
61	61	is filed and ruled upon beyond twelve (12) months of t he initial
62	62	sentence being imposed must be approved by the district attorney who
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89	89	shall provide written notice to any victims i n the case which is
90	90	being considered for m odification.
91	91	2. The court imposing sentence may modify the sentence of any
92	92	offender who was originally sentenced for a drug charge and ordered
93	93	to complete the Drug Offender Work Camp at the Bill Johnson
94	94	Correctional Facility and direct that another senten ce be imposed,
95	95	if the court is satisfied that the best interests of the public will
96	96	not be jeopardized; provided, however, the court shall not impose a
97	97	deferred sentence. An application for sentence modification
98	98	pursuant to this paragraph may be filed and ruled upon beyond the
99	99	initial sixty-month time period provided for in paragraph 1 of thi s
100	100	subsection.
101	101	3. This section The provisions of this subsection shall not
102	102	apply to convicted felons who have been in confine ment in any state
103	103	or federal prison system for any previous felony conviction during
104	104	the ten-year period preceding the date that th e sentence this
105	105	section subsection applies to was imposed. Further, without the
106	106	consent of the district attorney, this secti on shall not apply to
107	107	sentences imposed pu rsuant to a plea agreement or jury verdict.
108	108	B. The court imposing the sente nce may modify the sentence of
109	109	any offender sentenced to life without parole for an offense other
110	110	than a violent crime, as enumerated in S ection 571 of Title 57 of
111	111	the Oklahoma Statutes, who has served at least ten (10) years of the
112	112	sentence in the custody of the Department of Corrections upon a
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139	139	finding that the best interests of the public will not be
140	140	jeopardized. Provided; however, prior to granting a sentence
141	141	modification under the provisions of this subsection, the court
142	142	shall provide notice of the hea ring to determine sentence
143	143	modification to the victim or representative of the victim and shall
144	144	allow the victim or representative of the victim the opportunity to
145	145	provide testimony at the hearing. The court shall consider the
146	146	testimony of the victim or r epresentative of the victim when
147	147	rendering a decision to modify the sentence of an offender.
148	148	C. For purposes of judicial review, upon cou rt order or written
149	149	request from the sente ncing judge, the Department of Corrections
150	150	shall provide the court imposing sentence or revocation of probation
151	151	with a report to include a summary of the assessed needs of the
152	152	offender, any progress made by the off ender in addressing his or her
153	153	assessed needs, and any other information the Department can supply
154	154	on the offender. The court shall consider such reports when
155	155	modifying the sentence or revocation of probation. The court shall
156	156	allow the Department of Corr ections at least twenty (20) days after
157	157	receipt of a request or order from the court to prepare the required
158	158	reports.
159	159	D. If the court considers modification of the sentence or
160	160	revocation of probation, a hearing shall be made in open court after
161	161	receipt of the reports required in subsection C of t his section.
162	162	The clerk of the court imposing sentence or revocation of prob ation
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189	189	shall give notice of the judicial review hearing to the Department
190	190	of Corrections, the offender, the legal counsel of the offender, and
191	191	the district attorney of the county in which the offender was
192	192	convicted upon receipt of the reports. Such notice shall be mailed
193	193	at least twenty-one (21) days prior to the hearing date and shall
194	194	include a copy of the report and any other written infor mation to be
195	195	considered at the judicial re view hearing.
196	196	E. If an appeal is taken from the original sentence or from a
197	197	revocation of probation which results in a modification of the
198	198	sentence or modification to the revocation of probation of the
199	199	offender, such sentence may be further modified in th e manner
200	200	described in paragraph 1 of subsection A of this section within
201	201	sixty (60) months after the receipt by the clerk of the district
202	202	court of the mandate from the Supreme Court or the Court of Criminal
203	203	Appeals.
204	204	SECTION 2. This act shall become effective November 1, 2022.
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206	206	58-2-8743 GRS 01/10/22

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3293 Compare Versions