OK
Oklahoma House Bill HB3304

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3304 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 Req. No. 8742 Page 1 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727
2828 STATE OF OKLAHOMA
2929
3030 2nd Session of the 58th Legislature (2022)
3131
3232 HOUSE BILL 3304 By: Humphrey
3333
3434
3535
3636
3737
3838 AS INTRODUCED
3939
4040 An Act relating to drug courts; amending 22 O.S.
4141 2021, Sections 471.1, 471.2, 471.3, 471.4 and 471.6,
4242 which relate to the Oklahoma Dr ug Court Act; deleting
4343 certain eligibility restrictions; modifying initial
4444 hearing procedures; authorizing drug court team to
4545 make certain eligibility determination; authorizing
4646 judge to refer offenders to drug court program
4747 despite objections made by the district attorney;
4848 authorizing court to determine punishment when
4949 certain negotiations fail; and providing an effective
5050 date.
5151
5252
5353
5454
5555
5656 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5757 SECTION 1. AMENDATORY 22 O.S. 2021, Sec tion 471.1, is
5858 amended to read as follows:
5959 Section 471.1 A. For purposes of the Oklahoma Drug Court Act,
6060 "drug court", "drug court program" or "program" means an immediate
6161 and highly structured judicial intervention process for substance
6262 abuse treatment of eligible offenders which expedites the criminal
6363 case and requires succ essful completion of the plea agreement.
6464 B. Each district court of this state is authorized to establish
6565 a drug court program pursuant to the provisions of the Oklahoma Drug
6666
6767 Req. No. 8742 Page 2 1
6868 2
6969 3
7070 4
7171 5
7272 6
7373 7
7474 8
7575 9
7676 10
7777 11
7878 12
7979 13
8080 14
8181 15
8282 16
8383 17
8484 18
8585 19
8686 20
8787 21
8888 22
8989 23
9090 24
9191
9292 Court Act, subject to availability of funds. Juvenile drug courts
9393 may be established based upon the provisions of the Oklahoma Drug
9494 Court Act; provided, however, juveniles shall not be held, processed
9595 or treated in any manner which violates any provision of Title 10A
9696 of the Oklahoma Statutes.
9797 C. Drug court programs shall not apply to any violent criminal
9898 offense. Eligible offenses may further be restricted by the rules
9999 of the specific drug court program. Nothing in the Oklahoma Drug
100100 Court Act shall be construed to require a drug court to consider
101101 every offender with a treatable cond ition or addiction even if the
102102 controlling offense is eligible for consideration in the program.
103103 Traditional prosecution shall be required where an offender is
104104 determined not appropr iate for the drug court program.
105105 D. Drug court programs shall require a separate judicial
106106 processing system differing in practice and design from the
107107 traditional adversarial criminal prosecution and trial systems.
108108 Whenever possible, a drug court team sha ll be designated consisting
109109 of a judge to administer the program, a distr ict attorney, a defense
110110 attorney and other persons designated by the drug court team who
111111 shall have appropriate understanding of the goals of the program and
112112 of the appropriate treatm ent methods for the various conditions.
113113 The assignment of any person to the drug court team shall not
114114 preclude the assigned person from performing other duties required
115115 in the course of their office or employment. The chief judge of the
116116
117117 Req. No. 8742 Page 3 1
118118 2
119119 3
120120 4
121121 5
122122 6
123123 7
124124 8
125125 9
126126 10
127127 11
128128 12
129129 13
130130 14
131131 15
132132 16
133133 17
134134 18
135135 19
136136 20
137137 21
138138 22
139139 23
140140 24
141141
142142 judicial district, or if the district has more than one chief judge
143143 then the presiding jud ge of the Administrative Judicial District,
144144 shall designate one or more judges to administer the drug court
145145 program. The assignment of any judge to a drug court program or the
146146 designation of a drug court docket shall not mandate the assignment
147147 of all substance abuse-related cases to the drug court docket or the
148148 program; however, nothing in the Oklahoma Drug Court Act shall be
149149 construed to preclude the assignment of all criminal cases relating
150150 to substance abuse or drug possession as provided by the rules
151151 established for the specific drug court program. Judicial immunity
152152 shall extend to any duty required by law to be performed by a judge
153153 of a drug court.
154154 E. When a drug court program i s established, the arresting
155155 officer shall file the criminal case record for potentially eligible
156156 offenders with the district attorney within four (4) days of the
157157 arrest. The district attorney shall file an information in the case
158158 within twenty-four (24) hours of receipt of the criminal case record
159159 when the offender appears el igible for consideration for the
160160 program. The information may be amended as necessary when an
161161 offender is denied admittance into the drug court program or for
162162 other purposes as provi ded in Section 304 of this title. Any person
163163 arrested upon a warrant for his or her arrest shall not be eligible
164164 for the drug court program without the approval of the district
165165 attorney. Any criminal case which has been filed and processed in
166166
167167 Req. No. 8742 Page 4 1
168168 2
169169 3
170170 4
171171 5
172172 6
173173 7
174174 8
175175 9
176176 10
177177 11
178178 12
179179 13
180180 14
181181 15
182182 16
183183 17
184184 18
185185 19
186186 20
187187 21
188188 22
189189 23
190190 24
191191
192192 the traditional manner shall be cross-referenced to a drug court
193193 case file by the court clerk if the case is subsequently assigned to
194194 the drug court program. The originating criminal case file shall
195195 remain open to public inspection. The judge shall determine what
196196 information or pleadings are to be retained in the drug court case
197197 file, which shall be closed to public inspection.
198198 F. The court may request assistance from the Department of
199199 Mental Health and Substance Abuse Services which shall be the
200200 primary agency to assist in developing and implementing a drug court
201201 program or from any st ate or local agency in obtaining the necessary
202202 treatment services which will assure maximum opportunity for
203203 successful treatment, education and rehabilitation for offenders
204204 admitted to the program. All participating state and local agencies
205205 are directed to coordinate with each other and cooperate in
206206 assisting the district court in establishing a drug court program.
207207 G. Each drug court program shall ensure, but not be limited to:
208208 1. Strong linkage between participating agencies;
209209 2. Access by all participa ting parties of a case to information
210210 on the progress of the offender;
211211 3. Vigilant supervision and monitoring procedures;
212212 4. Random substance abuse testing;
213213 5. Provisions for nonco mpliance, modification of the treatment
214214 plan and revocation proceedings;
215215
216216 Req. No. 8742 Page 5 1
217217 2
218218 3
219219 4
220220 5
221221 6
222222 7
223223 8
224224 9
225225 10
226226 11
227227 12
228228 13
229229 14
230230 15
231231 16
232232 17
233233 18
234234 19
235235 20
236236 21
237237 22
238238 23
239239 24
240240
241241 6. Availability of residential treatment facilities and
242242 outpatient services;
243243 7. Payment of court costs, treatment costs, supervision fees
244244 and program user fees by the offender;
245245 8. Methods for measuring application of disciplinary sanctions
246246 including provisions for:
247247 a. increased supervision,
248248 b. urinalysis testing,
249249 c. intensive treatment,
250250 d. short-term confinement not to exceed five (5) days,
251251 e. recycling the offender into the program after a
252252 disciplinary action for a minimum violation of the
253253 treatment plan,
254254 f. reinstating the offender into the program after a
255255 disciplinary action for a major violation of the
256256 treatment plan, and
257257 g. revocation from the program; and
258258 9. Methods for measur ing performance-based effectiveness of
259259 each individual treatment provider 's services.
260260 H. All drug court programs shall be required to keep reliable
261261 data on recidivism, relapse, restarts, sanctions imposed and
262262 incentives given.
263263 I. All funds received by a drug court, in its capacity as a
264264 drug court, shall be credited to and acc ounted for in the county
265265
266266 Req. No. 8742 Page 6 1
267267 2
268268 3
269269 4
270270 5
271271 6
272272 7
273273 8
274274 9
275275 10
276276 11
277277 12
278278 13
279279 14
280280 15
281281 16
282282 17
283283 18
284284 19
285285 20
286286 21
287287 22
288288 23
289289 24
290290
291291 treasurer's office in a special cash fund to be known as the "Drug
292292 Court Fund". Each drug court fund shall be a continuing fund, not
293293 subject to fiscal year l imitations, and shall be dedicated to the
294294 operation of the drug court as authorized by law. The expenditures
295295 of any funds received by a drug court program and deposited with the
296296 county treasurer shall be made only upon sworn itemized claims
297297 approved by the county clerk, filed with the county treasurer and
298298 paid by cash voucher drawn by the county treasurer from the funds.
299299 J. Nothing in this section shall prohibit any county from
300300 establishing a drug court for misdemeanor offenses. Such
301301 misdemeanor drug cou rts shall follow the rules and regulations of
302302 felony drug courts except t hat the penalty for revocation shall not
303303 exceed one (1) year in the county jail or the maximum penalty for
304304 the misdemeanor allowed by statute, whichever is less. The
305305 Department of Mental Health and Substance Abuse Services shall
306306 provide technical assistan ce to the counties that establish
307307 misdemeanor drug courts.
308308 SECTION 2. AMENDATORY 22 O.S. 2021, Section 471.2, is
309309 amended to read as follows:
310310 Section 471.2 A. The opportunity for review of an offender for
311311 a drug court program sha ll occur at any time prior to disposition of
312312 the case and sentencing of the offender, including sentencing on a
313313 petition to revoke a suspended sentence or any probation violation.
314314 When a drug court is established, the following information shall be
315315
316316 Req. No. 8742 Page 7 1
317317 2
318318 3
319319 4
320320 5
321321 6
322322 7
323323 8
324324 9
325325 10
326326 11
327327 12
328328 13
329329 14
330330 15
331331 16
332332 17
333333 18
334334 19
335335 20
336336 21
337337 22
338338 23
339339 24
340340
341341 initially reviewed by the sheriff or designee, if the offender is
342342 held in a county jail, or by the chief of police or designee, if the
343343 offender is held in a city jail:
344344 1. The offender's arrest or charge does not involve a crime of
345345 violence against any person, u nless there is a specific treatment
346346 program in the jurisdiction designed to address domestic violence
347347 and the offense is related to domestic violence and substance abuse;
348348 2. The offender has no prior felony conviction in this state or
349349 another state for a violent offense within the last ten (10) years,
350350 except as may be allowed in a domestic violence treatment program
351351 authorized by the drug court program. It shall be sufficient for
352352 this paragraph that a criminal history records name search was
353353 conducted and indicated no apparent violent offense;
354354 3. The offender's arrest or charge does not involve a violation
355355 of the Trafficking In Illegal Drugs Act;
356356 4. The offender has committed a felo ny offense; and
357357 5. The offender:
358358 a. admits to having a substance abuse a ddiction,
359359 b. appears to have a substance abuse addiction,
360360 c. is known to have a substance abuse addiction,
361361 d. the arrest or charge is based upon an offense eligible
362362 for the drug court program, or
363363 e. is a person who has had an assessment authorized by
364364 Section 3-704 of Title 43A of the Oklahoma Statutes or
365365
366366 Req. No. 8742 Page 8 1
367367 2
368368 3
369369 4
370370 5
371371 6
372372 7
373373 8
374374 9
375375 10
376376 11
377377 12
378378 13
379379 14
380380 15
381381 16
382382 17
383383 18
384384 19
385385 20
386386 21
387387 22
388388 23
389389 24
390390
391391 drug court investigation and the assessment or
392392 investigation recommends the drug court program.
393393 B. If it appears to the reviewing of ficer that the offender may
394394 be potentially eligible for the drug court pr ogram based upon a
395395 review of the information in subsection A of this section, the
396396 offender shall be given an eligibility form which may be voluntarily
397397 completed by the offender, and t he reviewing officer shall file the
398398 criminal case record within the time prescribed in subsection E of
399399 Section 471.1 of this title. The offender shall not automatically
400400 be considered for the pr ogram based upon this review. The offender
401401 must request consideration for the drug court program as provided in
402402 subsection C of this s ection and shall have approval from the
403403 district attorney before being considered for the drug court
404404 program. The eligibility form shall describe the drug court program
405405 for which the offender may be eligible, including, but not limited
406406 to:
407407 1. A full description of the drug court process and
408408 investigation;
409409 2. A general explanation of the roles and authority of the
410410 supervising staff, the district attorney, the defense attorney, the
411411 treatment provider, the offender, and the judge in the drug court
412412 program;
413413 3. A clear statement that the drug court judge may decide after
414414 a hearing not to consider the offender for the drug cour t program
415415
416416 Req. No. 8742 Page 9 1
417417 2
418418 3
419419 4
420420 5
421421 6
422422 7
423423 8
424424 9
425425 10
426426 11
427427 12
428428 13
429429 14
430430 15
431431 16
432432 17
433433 18
434434 19
435435 20
436436 21
437437 22
438438 23
439439 24
440440
441441 and in that event the offender will be prosecuted in the traditional
442442 manner;
443443 4. A clear statement that the offender is requi red, before
444444 consideration in the program, to enter a guilty plea as part of a
445445 written plea agreement;
446446 5. A clear statement that the plea agreement will specify the
447447 offense to which the guilty plea will be entered and will state any
448448 penalty to be imposed f or the offense, both in the event of a
449449 successful completion of the drug court program, and in the event of
450450 a failure to complete the program;
451451 6. A clear statement that the offender must voluntarily agree
452452 to:
453453 a. waive the right to a speedy trial,
454454 b. waive the right to a preliminary hearing,
455455 c. the terms and conditions of a treatment plan, and
456456 d. sign a performance contract with the court;
457457 7. A clear statement that the offender, if ac cepted into the
458458 drug court program, may not be incarcerated for the offen se in a
459459 state correctional institution or jail upon successful completion of
460460 the program;
461461 8. A clear statement that duri ng participation in the drug
462462 court program should the offender fail to comply with the terms of
463463 the agreement, the offender may be sanc tioned to serve a term of
464464 confinement of six (6) months in an intermediate revocation facility
465465
466466 Req. No. 8742 Page 10 1
467467 2
468468 3
469469 4
470470 5
471471 6
472472 7
473473 8
474474 9
475475 10
476476 11
477477 12
478478 13
479479 14
480480 15
481481 16
482482 17
483483 18
484484 19
485485 20
486486 21
487487 22
488488 23
489489 24
490490
491491 operated by the Department of Corrections. An offender shall not be
492492 allowed to serve more than two separate terms of confinement in an
493493 intermediate revocation f acility;
494494 9. A clear statement that during participation in the drug
495495 court program should the offender:
496496 a. fail to comply with the terms of the agreements,
497497 b. be convicted of a misdem eanor offense which reflects a
498498 propensity for violence,
499499 c. be arrested for a violent felony offense, or
500500 d. be convicted of any felony offense,
501501 the offender may be required, after a court hearing , to be revoked
502502 from the program and sentenced without trial p ursuant to the
503503 punishment provisions of the negotiated plea agreement; an d
504504 10. An explanation of the criminal record retention and
505505 disposition resulting from participation in the drug court pro gram
506506 following successful completion of the program.
507507 C. 1. The offender may request consideration for the drug
508508 court program as follo ws:
509509 a. if the offender is incarcerated, the offender must
510510 sign and complete the eligibility form and return it
511511 to the sheriff, if the offender is held in the county
512512 jail; or to the chief of police, if the offender is
513513 held in a city jail. The sheriff or ch ief of police,
514514 upon receipt of the eligibility form, shall file the
515515
516516 Req. No. 8742 Page 11 1
517517 2
518518 3
519519 4
520520 5
521521 6
522522 7
523523 8
524524 9
525525 10
526526 11
527527 12
528528 13
529529 14
530530 15
531531 16
532532 17
533533 18
534534 19
535535 20
536536 21
537537 22
538538 23
539539 24
540540
541541 form with the district attorney at the time of filing
542542 the criminal case record or at any time during the
543543 period of incarceration when the offender completes
544544 the form after the criminal cas e record has been
545545 filed, or
546546 b. after release of the offender from incarceration, the
547547 offender must sign and complete the eligibility form
548548 and file it with the district attorney or the court,
549549 prior to or at the time of either initial appearance
550550 or arraignment.
551551 2. Any offender desiring legal consultation prior to signing or
552552 completing the form for consideration in a drug cour t program shall
553553 be referred to the defense attorney of the dru g court team, or a
554554 public defender, if the offender is indigent, or allow ed to consult
555555 with private legal counsel.
556556 3. Nothing contained in the provisions of this subsection shall
557557 prohibit the drug court from considering any offender deemed
558558 eligible for the program at any time prior to sentencing whose case
559559 has been prosecuted in the traditional manner, or upon a violation
560560 of parole or probation conditions relating to substance abuse, upon
561561 recommendation of the district attorney as provided in Section 471.8
562562 of this title.
563563 D. When an offender has filed a voluntary request to be
564564 considered for a drug court program on the appropriate form, the
565565
566566 Req. No. 8742 Page 12 1
567567 2
568568 3
569569 4
570570 5
571571 6
572572 7
573573 8
574574 9
575575 10
576576 11
577577 12
578578 13
579579 14
580580 15
581581 16
582582 17
583583 18
584584 19
585585 20
586586 21
587587 22
588588 23
589589 24
590590
591591 district attorney shall indicate his or her approval of the request
592592 by filing the form with or the drug court tea m shall make a
593593 recommendation to the drug court judge. Upon the filing of the
594594 request form recommendation by the district attorney or the drug
595595 court team, an initial hearing shall be set before the drug court
596596 judge. The hearing shall be not less than three (3 ) work days nor
597597 more than five (5) work days after the date of the filing of the
598598 request form. Notice of the hearing shall be given to the drug
599599 court team, or in the event no drug court team is designated, to the
600600 offender, the district attorney, and to th e public defender. The
601601 offender shall be required to notify any private legal counsel of
602602 the date and time of the hearing.
603603 SECTION 3. AMENDATORY 22 O.S. 2021, Section 471.3, is
604604 amended to read as follows:
605605 Section 471.3 A. At the initial hearing for consideration of
606606 an offender for a drug court progr am, the district attor ney or the
607607 drug court team shall determine whether or not:
608608 1. The offender has approval to be considered for the drug
609609 court program;
610610 2. The offender has been admitted to the program within the
611611 preceding five (5) years; provided, hav ing been admitted to a drug
612612 court program within the previous five (5) years shall not make the
613613 offender ineligible for consideration; and
614614
615615 Req. No. 8742 Page 13 1
616616 2
617617 3
618618 4
619619 5
620620 6
621621 7
622622 8
623623 9
624624 10
625625 11
626626 12
627627 13
628628 14
629629 15
630630 16
631631 17
632632 18
633633 19
634634 20
635635 21
636636 22
637637 23
638638 24
639639
640640 3. Any statutory preclusion , other prohibition, or program
641641 limitation exists and is applicable to considering the of fender for
642642 the program.
643643 The district attorney may object to the consideration of an
644644 offender for the drug court program at the initial hearing.
645645 B. If the offender vol untarily consents to be considered for
646646 the drug court program, has signed and filed the r equired form
647647 requesting consideration, and no objection has been made by the
648648 district attorney, the court shall refer the offender for a drug
649649 court investigation as pr ovided in Section 471.4 of this title, and
650650 set a date for a hearing to determine final el igibility for
651651 admittance into the program.
652652 C. Upon any objection of the district attorney for
653653 consideration of an offender for the program, the court shall deny
654654 determine consideration of the offender's request for participation
655655 in the drug court program at the initial hearing. If the court
656656 determines that the offender is eligible for participation in the
657657 drug court program, the court shall refer the offender for a drug
658658 court investigation as provided in Section 471.4 of this title, and
659659 set a date for a hearing to determine fi nal eligibility for
660660 admittance into the program .
661661 D. Upon denial for consideration in the drug court program at
662662 the initial hearing, the criminal case shall proc eed in the
663663 traditional manner. An objection by the district attorn ey and the
664664
665665 Req. No. 8742 Page 14 1
666666 2
667667 3
668668 4
669669 5
670670 6
671671 7
672672 8
673673 9
674674 10
675675 11
676676 12
677677 13
678678 14
679679 15
680680 16
681681 17
682682 18
683683 19
684684 20
685685 21
686686 22
687687 23
688688 24
689689
690690 subsequent denial of consideration of the offender for the program
691691 shall not preclude any future consideration of the offender for the
692692 drug court program with the approval of the district attorney.
693693 SECTION 4. AMENDATORY 22 O .S. 2021, Section 471.4, is
694694 amended to read as follows:
695695 Section 471.4 A. When directed by the drug court judge, the
696696 supervising staff for the drug court program sha ll make an
697697 investigation of the offender under consideration to determine
698698 whether or not the offender is a person who:
699699 1. Would benefit from the drug court program; and
700700 2. Is appropriate for the drug court program.
701701 B. The drug court investigation shall be conducted through a
702702 standardized screening test and personal interview. A more
703703 comprehensive assessment may take place at the time the offender
704704 enters the treatment portion of the program and may take place at
705705 any time after placement in the drug court program. The
706706 investigation shall determine the original treatment plan which the
707707 offender will be required to follow, if admitted to the program.
708708 Any subsequent assessments or evaluations by the treatment provider,
709709 if the offender is admitted to the pro gram, may be used to determine
710710 modifications needed to the original treatment plan. The
711711 investigation shall include, but not be limited to, the following
712712 information:
713713 1. The person's age and physical condition;
714714
715715 Req. No. 8742 Page 15 1
716716 2
717717 3
718718 4
719719 5
720720 6
721721 7
722722 8
723723 9
724724 10
725725 11
726726 12
727727 13
728728 14
729729 15
730730 16
731731 17
732732 18
733733 19
734734 20
735735 21
736736 22
737737 23
738738 24
739739
740740 2. Employment and military service records ;
741741 3. Educational background and literacy level;
742742 4. Community and family relations;
743743 5. Prior and current drug and alcoho l use;
744744 6. Mental health and medical treatment history, including
745745 substance abuse treatment history;
746746 7. Demonstrable motivation; and
747747 8. Other mitigating or aggravating factors.
748748 C. The drug court investigation may be conduc ted before or
749749 after the initial hearing for consideration but shall occur before
750750 the hearing for final determination of eligibility for the drug
751751 court program. When an offender is appropriate for admittance to
752752 the program, the supervising staff shall make a recommendation for
753753 the treatment program or programs that are available in the
754754 jurisdiction and which would benefit the offender and accept the
755755 offender. The investigation findings and recommendations for
756756 program placement shall be reported to the drug court judge, the
757757 district attorney, the offender, and the defense attorney prior to
758758 the next scheduled hearing.
759759 D. The district attorney and the defense attorney f or the
760760 offender shall independently review the findings and recommendations
761761 of the drug court investigation report. For a n offender to remain
762762 eligible for consideration in the program, both the district
763763 attorney and the defense attorney must accept the re commended
764764
765765 Req. No. 8742 Page 16 1
766766 2
767767 3
768768 4
769769 5
770770 6
771771 7
772772 8
773773 9
774774 10
775775 11
776776 12
777777 13
778778 14
779779 15
780780 16
781781 17
782782 18
783783 19
784784 20
785785 21
786786 22
787787 23
788788 24
789789
790790 treatment plan, and shall negotiate the terms of the written plea
791791 agreement with all punishment provisions speci fied before the
792792 scheduled hearing date for determining final eligibility. Upon
793793 failure of the district attorney and defense attorney to negotiate
794794 the written plea agreement, the court shall determine the
795795 appropriate punishment, or order the criminal case shall be
796796 withdrawn from the drug court program and processed in the
797797 traditional manner. The punishment provisions of the written plea
798798 agreement shall emphasize reparation to the victim, community, and
799799 state.
800800 E. The hearing to determine final eligibility shall be set not
801801 less than three (3) work days nor more than se ven (7) work days from
802802 the date of the initial hearing for consideratio n, unless extended
803803 by the court.
804804 F. For purposes of this act, "supervising staff" means a
805805 Department of Corrections employee assigned to monitor offenders in
806806 the drug court program, a community provider assigned to monitor
807807 offenders in the program, a stat e or local agency representative or
808808 a certified treatment provider participating in the pro gram, or a
809809 person designated by the judge to perform drug court investigations.
810810 SECTION 5. AMENDATORY 22 O.S. 2021, Section 471.6, is
811811 amended to read as foll ows:
812812
813813 Req. No. 8742 Page 17 1
814814 2
815815 3
816816 4
817817 5
818818 6
819819 7
820820 8
821821 9
822822 10
823823 11
824824 12
825825 13
826826 14
827827 15
828828 16
829829 17
830830 18
831831 19
832832 20
833833 21
834834 22
835835 23
836836 24
837837
838838 Section 471.6 A. The drug court judge shall conduct a hearing
839839 as required by subsection E of Section 471.4 of this titl e to
840840 determine final eligibility by considering:
841841 1. Whether the offender voluntarily consents to the program
842842 requirements;
843843 2. Whether to accept the offender based upon the findings and
844844 recommendations of the drug court investigation authorized by
845845 Section 471.4 of this title;
846846 3. Whether there is a written plea agreement, and if so,
847847 whether the terms and conditions of the written ne gotiated plea by
848848 the court or between the district attorney, the defense attorney and
849849 the offender are appropriate and consist ent with the penalty
850850 provisions and conditions of other similar cases;
851851 4. Whether there is an appropriate treatment program avail able
852852 to the offender and whether there is a recommended treatment plan;
853853 and
854854 5. Any information relevant to determining eligib ility;
855855 provided, however, an offen der shall not be denied admittance to any
856856 drug court program based upon an inability to pay cour t costs or
857857 other costs or fees.
858858 B. At the hearing to determine final eli gibility for the drug
859859 court program, the judge shall not grant any admission of any
860860 offender to the program when:
861861
862862 Req. No. 8742 Page 18 1
863863 2
864864 3
865865 4
866866 5
867867 6
868868 7
869869 8
870870 9
871871 10
872872 11
873873 12
874874 13
875875 14
876876 15
877877 16
878878 17
879879 18
880880 19
881881 20
882882 21
883883 22
884884 23
885885 24
886886
887887 1. The required treatment plan and plea agreement have not been
888888 completed;
889889 2. The program funding or availability of treatment has been
890890 exhausted;
891891 3. The treatment program is unwilling to acce pt the offender;
892892 4. The offender was ineligible for consideration by the nature
893893 of a violent offense at the time of arrest, and t he charge has been
894894 modified to meet the eligibility criteria of the progr am; or
895895 5. The offender is inappropriate for admissio n to the program,
896896 in the discretion of the judge.
897897 C. At the final eligibility hearing, if evidence is presented
898898 that was not discovered by the drug court investigation, the
899899 district attorney or the defe nse attorney may make an objection and
900900 may ask the court to withdraw the plea agreement previously
901901 negotiated. The court shall determine whether to proceed and
902902 overrule the objection , to sustain the objection and transfer the
903903 case for traditional criminal prosecution or to require further
904904 negotiations of the plea or punishment provisions. The decision of
905905 the judge for or against eligibility and admission shall be final.
906906 D. When the court accepts the treatment plan with the written
907907 plea agreement, the off ender, upon entering the plea as agreed by
908908 the parties, shall be ordered and escorted i mmediately into the
909909 program. The offender must have voluntarily signed the necessary
910910
911911 Req. No. 8742 Page 19 1
912912 2
913913 3
914914 4
915915 5
916916 6
917917 7
918918 8
919919 9
920920 10
921921 11
922922 12
923923 13
924924 14
925925 15
926926 16
927927 17
928928 18
929929 19
930930 20
931931 21
932932 22
933933 23
934934 24
935935
936936 court documents before the offender may be admitted to treatment.
937937 The court documents shall include:
938938 1. Waiver of the offender 's rights to speedy trial;
939939 2. A written plea agreement which sets forth the offense
940940 charged, the penalty to be imposed for the offense in the event of a
941941 breach of the agreement and the penalty to be imposed, if any, in
942942 the event of a successful completion of the treatment program;
943943 provided, however, incarceration shall be prohibited when the
944944 offender completes the treatment program;
945945 3. A written treatment plan which is subject to modification at
946946 any time during the program; and
947947 4. A written performance contract requiring the offender to
948948 enter the treatment program as directed by the court and participate
949949 until completion, withdrawal or rem oval by the court.
950950 E. If admission into the drug court program is denied , the
951951 criminal case shall be returned to the traditio nal criminal docket
952952 and shall proceed as provided for any other criminal case.
953953 F. At the time an offender is admitted to the drug court
954954 program, any bail or undertaking on behalf of the offender shall b e
955955 exonerated.
956956 G. The period of time during which an offender may participate
957957 in the active treatment portion of the drug court program shall be
958958 not less than six (6) months nor more than twenty-four (24) months
959959 and may include a period of supervision not less than six (6) months
960960
961961 Req. No. 8742 Page 20 1
962962 2
963963 3
964964 4
965965 5
966966 6
967967 7
968968 8
969969 9
970970 10
971971 11
972972 12
973973 13
974974 14
975975 15
976976 16
977977 17
978978 18
979979 19
980980 20
981981 21
982982 22
983983 23
984984 24
985985
986986 nor more than one (1) year f ollowing the treatment portion of the
987987 program. The period of supervision may be extended by order of the
988988 court for not more than six (6) months. No treatment dollars shall
989989 be expended on the offender d uring the extended period of
990990 supervision. If the cou rt orders that the period of super vision
991991 shall be extended, the drug court judge, district attorney, the
992992 attorney for the offender and the supervising staff for the drug
993993 court program shall evaluate the appropriateness of continued
994994 supervision on a quarter ly basis. All participating treat ment
995995 providers shall be certified by the Department of Mental Health and
996996 Substance Abuse Service s and shall be selected and evaluated for
997997 performance-based effectiveness annually by the Department of Mental
998998 Health and Substance Abuse Services. Treatment p rograms shall be
999999 designed to be completed within twelve (12) months and shall have
10001000 relapse prevention and evaluation components.
10011001 H. The drug court judge shall order the offender to pay court
10021002 costs, treatment costs, drug t esting costs, a program user fee n ot
10031003 to exceed Twenty Dollars ($20.00) per month and necessary
10041004 supervision fees, unless the offend er is indigent. The drug court
10051005 judge shall establish a schedule for the payment of costs and fees.
10061006 The cost for treatment, d rug testing and supervision shall be set by
10071007 the treatment and supervision providers respectively and made part
10081008 of the court's order for payment. User fees shall be set by the
10091009 drug court judge within the maximum amount authorized by this
10101010
10111011 Req. No. 8742 Page 21 1
10121012 2
10131013 3
10141014 4
10151015 5
10161016 6
10171017 7
10181018 8
10191019 9
10201020 10
10211021 11
10221022 12
10231023 13
10241024 14
10251025 15
10261026 16
10271027 17
10281028 18
10291029 19
10301030 20
10311031 21
10321032 22
10331033 23
10341034 24
10351035
10361036 subsection and payable directly to the court clerk f or the benefit
10371037 and administration of the drug court program. Treatment, drug
10381038 testing and supervision costs shall be paid to the respective
10391039 providers. The court clerk s hall collect all other costs and fees
10401040 ordered and deposit such costs and fees with the county treasurer in
10411041 a drug court fund created and administered pursuant to subsection I
10421042 of Section 471.1 of this title. The remaining user fees shall be
10431043 remitted to the State Treasurer by the court clerk for deposit in
10441044 the Department of Mental Health and Substance Abuse Services ' Drug
10451045 Abuse Education and Treatment Revolving Fund established pursuant to
10461046 Section 2-503.2 of Title 63 of the Oklahoma Statutes. Court orders
10471047 for costs and fees pursuant to this subsection shall n ot be limited
10481048 for purposes of coll ection to the maximum term of imprisonment for
10491049 which the offender could have been imprisoned for the offense, nor
10501050 shall any court order for costs and fees be limited by any term of
10511051 probation, parole, supervision, treatment or extension thereof.
10521052 Court orders for costs and fees shall remain an obligation of the
10531053 offender until fully paid; provided, how ever, once the offender has
10541054 successfully completed the drug court program , the drug court judge
10551055 shall have the discretion to e xpressly waive all or part of the
10561056 costs and fees provided for in this subsection if, in the opinion of
10571057 the drug court judge, conti nued payment of the costs and fees by the
10581058 offender would create a financi al hardship for the offender.
10591059 Offenders who have not fully paid all costs and fees pur suant to
10601060
10611061 Req. No. 8742 Page 22 1
10621062 2
10631063 3
10641064 4
10651065 5
10661066 6
10671067 7
10681068 8
10691069 9
10701070 10
10711071 11
10721072 12
10731073 13
10741074 14
10751075 15
10761076 16
10771077 17
10781078 18
10791079 19
10801080 20
10811081 21
10821082 22
10831083 23
10841084 24
10851085
10861086 court order but who have otherwise successfully completed the drug
10871087 court program shall not be counted as an active drug court
10881088 participant for purposes of drug c ourt contracts or program
10891089 participant numbers.
10901090 I. Notwithstanding any other provision of law, if the driving
10911091 privileges of the offender have been suspended, revoked, cancel ed or
10921092 denied by the Department of Public Safety and if the drug court
10931093 judge determines that no other means of transportation for the
10941094 offender is available, the drug cour t judge may enter a written
10951095 order requiring the Department of Public Safety to stay any and all
10961096 such actions against the Class D driving privileges of the offender;
10971097 provided, the stay shall not be construed to grant driving
10981098 privileges to an offender who ha s not been issued a driver license
10991099 by the Department or whose Oklahoma driver license has expired , in
11001100 which case the offender shall be required to apply for and be found
11011101 eligible for a driver license, pass all examinations, if applicable,
11021102 and pay all statutory driver license issuance or renewal fees. The
11031103 offender shall provide proof of insurance to t he drug court judge
11041104 prior to the judge ordering a stay of any driver lice nse suspension,
11051105 revocation, cancellation or denial. When a judge of a drug court
11061106 enters a stay against an order by the Department of Public Safety
11071107 suspending or revoking the driving privileges of an offender, the
11081108 time period set in the order by the Depart ment for the suspension or
11091109 revocation shall continue to run during the stay. When an offender
11101110
11111111 Req. No. 8742 Page 23 1
11121112 2
11131113 3
11141114 4
11151115 5
11161116 6
11171117 7
11181118 8
11191119 9
11201120 10
11211121 11
11221122 12
11231123 13
11241124 14
11251125 15
11261126 16
11271127 17
11281128 18
11291129 19
11301130 20
11311131 21
11321132 22
11331133 23
11341134 24
11351135
11361136 has successfully completed the drug court program, the drug court
11371137 judge shall maintain j urisdiction over the offender 's driving
11381138 privileges for one (1) year after the date on which the offender
11391139 graduates from the dr ug court program.
11401140 SECTION 6. This act shall become effective November 1, 2022.
11411141
11421142 58-2-8742 GRS 12/10/21