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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3293 By: Humphrey
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 98 2a, which relates to sentence
modification; removing approval requirement for
certain sentence modifications; removing limitation
when modifying sentences imposed via plea agreements
or jury verdicts; and providing an effective date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 982a, is
amended to read as follows:
Section 982a. A. 1. Any time within sixty (60) months after
the initial sentence is imposed or within sixty (60) months after
probation has been revoked, the court im posing sentence or
revocation of probation may modify such sentence or re vocation by
directing that another sentence be imposed, if the court is
satisfied that the best interests of the public will not be
jeopardized; provided, however, the court shall not impose a
deferred sentence. Any application for sentence modification t hat
is filed and ruled upon beyond twelve (12) months of t he initial
sentence being imposed must be approved by the district attorney who
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shall provide written notice to any victims i n the case which is
being considered for m odification.
2. The court imposing sentence may modify the sentence of any
offender who was originally sentenced for a drug charge and ordered
to complete the Drug Offender Work Camp at the Bill Johnson
Correctional Facility and direct that another senten ce be imposed,
if the court is satisfied that the best interests of the public will
not be jeopardized; provided, however, the court shall not impose a
deferred sentence. An application for sentence modification
pursuant to this paragraph may be filed and ruled upon beyond the
initial sixty-month time period provided for in paragraph 1 of thi s
subsection.
3. This section The provisions of this subsection shall not
apply to convicted felons who have been in confine ment in any state
or federal prison system for any previous felony conviction during
the ten-year period preceding the date that th e sentence this
section subsection applies to was imposed. Further, without the
consent of the district attorney, this secti on shall not apply to
sentences imposed pu rsuant to a plea agreement or jury verdict.
B. The court imposing the sente nce may modify the sentence of
any offender sentenced to life without parole for an offense other
than a violent crime, as enumerated in S ection 571 of Title 57 of
the Oklahoma Statutes, who has served at least ten (10) years of the
sentence in the custody of the Department of Corrections upon a
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finding that the best interests of the public will not be
jeopardized. Provided; however, prior to granting a sentence
modification under the provisions of this subsection, the court
shall provide notice of the hea ring to determine sentence
modification to the victim or representative of the victim and shall
allow the victim or representative of the victim the opportunity to
provide testimony at the hearing. The court shall consider the
testimony of the victim or r epresentative of the victim when
rendering a decision to modify the sentence of an offender.
C. For purposes of judicial review, upon cou rt order or written
request from the sente ncing judge, the Department of Corrections
shall provide the court imposing sentence or revocation of probation
with a report to include a summary of the assessed needs of the
offender, any progress made by the off ender in addressing his or her
assessed needs, and any other information the Department can supply
on the offender. The court shall consider such reports when
modifying the sentence or revocation of probation. The court shall
allow the Department of Corr ections at least twenty (20) days after
receipt of a request or order from the court to prepare the required
reports.
D. If the court considers modification of the sentence or
revocation of probation, a hearing shall be made in open court after
receipt of the reports required in subsection C of t his section.
The clerk of the court imposing sentence or revocation of prob ation
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shall give notice of the judicial review hearing to the Department
of Corrections, the offender, the legal counsel of the offender, and
the district attorney of the county in which the offender was
convicted upon receipt of the reports. Such notice shall be mailed
at least twenty-one (21) days prior to the hearing date and shall
include a copy of the report and any other written infor mation to be
considered at the judicial re view hearing.
E. If an appeal is taken from the original sentence or from a
revocation of probation which results in a modification of the
sentence or modification to the revocation of probation of the
offender, such sentence may be further modified in th e manner
described in paragraph 1 of subsection A of this section within
sixty (60) months after the receipt by the clerk of the district
court of the mandate from the Supreme Court or the Court of Criminal
Appeals.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8743 GRS 01/10/22