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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3304 By: Humphrey
AS INTRODUCED
An Act relating to drug courts; amending 22 O.S.
2021, Sections 471.1, 471.2, 471.3, 471.4 and 471.6,
which relate to the Oklahoma Dr ug Court Act; deleting
certain eligibility restrictions; modifying initial
hearing procedures; authorizing drug court team to
make certain eligibility determination; authorizing
judge to refer offenders to drug court program
despite objections made by the district attorney;
authorizing court to determine punishment when
certain negotiations fail; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Sec tion 471.1, is
amended to read as follows:
Section 471.1 A. For purposes of the Oklahoma Drug Court Act,
"drug court", "drug court program" or "program" means an immediate
and highly structured judicial intervention process for substance
abuse treatment of eligible offenders which expedites the criminal
case and requires succ essful completion of the plea agreement.
B. Each district court of this state is authorized to establish
a drug court program pursuant to the provisions of the Oklahoma Drug
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Court Act, subject to availability of funds. Juvenile drug courts
may be established based upon the provisions of the Oklahoma Drug
Court Act; provided, however, juveniles shall not be held, processed
or treated in any manner which violates any provision of Title 10A
of the Oklahoma Statutes.
C. Drug court programs shall not apply to any violent criminal
offense. Eligible offenses may further be restricted by the rules
of the specific drug court program. Nothing in the Oklahoma Drug
Court Act shall be construed to require a drug court to consider
every offender with a treatable cond ition or addiction even if the
controlling offense is eligible for consideration in the program.
Traditional prosecution shall be required where an offender is
determined not appropr iate for the drug court program.
D. Drug court programs shall require a separate judicial
processing system differing in practice and design from the
traditional adversarial criminal prosecution and trial systems.
Whenever possible, a drug court team sha ll be designated consisting
of a judge to administer the program, a distr ict attorney, a defense
attorney and other persons designated by the drug court team who
shall have appropriate understanding of the goals of the program and
of the appropriate treatm ent methods for the various conditions.
The assignment of any person to the drug court team shall not
preclude the assigned person from performing other duties required
in the course of their office or employment. The chief judge of the
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judicial district, or if the district has more than one chief judge
then the presiding jud ge of the Administrative Judicial District,
shall designate one or more judges to administer the drug court
program. The assignment of any judge to a drug court program or the
designation of a drug court docket shall not mandate the assignment
of all substance abuse-related cases to the drug court docket or the
program; however, nothing in the Oklahoma Drug Court Act shall be
construed to preclude the assignment of all criminal cases relating
to substance abuse or drug possession as provided by the rules
established for the specific drug court program. Judicial immunity
shall extend to any duty required by law to be performed by a judge
of a drug court.
E. When a drug court program i s established, the arresting
officer shall file the criminal case record for potentially eligible
offenders with the district attorney within four (4) days of the
arrest. The district attorney shall file an information in the case
within twenty-four (24) hours of receipt of the criminal case record
when the offender appears el igible for consideration for the
program. The information may be amended as necessary when an
offender is denied admittance into the drug court program or for
other purposes as provi ded in Section 304 of this title. Any person
arrested upon a warrant for his or her arrest shall not be eligible
for the drug court program without the approval of the district
attorney. Any criminal case which has been filed and processed in
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the traditional manner shall be cross-referenced to a drug court
case file by the court clerk if the case is subsequently assigned to
the drug court program. The originating criminal case file shall
remain open to public inspection. The judge shall determine what
information or pleadings are to be retained in the drug court case
file, which shall be closed to public inspection.
F. The court may request assistance from the Department of
Mental Health and Substance Abuse Services which shall be the
primary agency to assist in developing and implementing a drug court
program or from any st ate or local agency in obtaining the necessary
treatment services which will assure maximum opportunity for
successful treatment, education and rehabilitation for offenders
admitted to the program. All participating state and local agencies
are directed to coordinate with each other and cooperate in
assisting the district court in establishing a drug court program.
G. Each drug court program shall ensure, but not be limited to:
1. Strong linkage between participating agencies;
2. Access by all participa ting parties of a case to information
on the progress of the offender;
3. Vigilant supervision and monitoring procedures;
4. Random substance abuse testing;
5. Provisions for nonco mpliance, modification of the treatment
plan and revocation proceedings;
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6. Availability of residential treatment facilities and
outpatient services;
7. Payment of court costs, treatment costs, supervision fees
and program user fees by the offender;
8. Methods for measuring application of disciplinary sanctions
including provisions for:
a. increased supervision,
b. urinalysis testing,
c. intensive treatment,
d. short-term confinement not to exceed five (5) days,
e. recycling the offender into the program after a
disciplinary action for a minimum violation of the
treatment plan,
f. reinstating the offender into the program after a
disciplinary action for a major violation of the
treatment plan, and
g. revocation from the program; and
9. Methods for measur ing performance-based effectiveness of
each individual treatment provider 's services.
H. All drug court programs shall be required to keep reliable
data on recidivism, relapse, restarts, sanctions imposed and
incentives given.
I. All funds received by a drug court, in its capacity as a
drug court, shall be credited to and acc ounted for in the county
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treasurer's office in a special cash fund to be known as the "Drug
Court Fund". Each drug court fund shall be a continuing fund, not
subject to fiscal year l imitations, and shall be dedicated to the
operation of the drug court as authorized by law. The expenditures
of any funds received by a drug court program and deposited with the
county treasurer shall be made only upon sworn itemized claims
approved by the county clerk, filed with the county treasurer and
paid by cash voucher drawn by the county treasurer from the funds.
J. Nothing in this section shall prohibit any county from
establishing a drug court for misdemeanor offenses. Such
misdemeanor drug cou rts shall follow the rules and regulations of
felony drug courts except t hat the penalty for revocation shall not
exceed one (1) year in the county jail or the maximum penalty for
the misdemeanor allowed by statute, whichever is less. The
Department of Mental Health and Substance Abuse Services shall
provide technical assistan ce to the counties that establish
misdemeanor drug courts.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 471.2, is
amended to read as follows:
Section 471.2 A. The opportunity for review of an offender for
a drug court program sha ll occur at any time prior to disposition of
the case and sentencing of the offender, including sentencing on a
petition to revoke a suspended sentence or any probation violation.
When a drug court is established, the following information shall be
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initially reviewed by the sheriff or designee, if the offender is
held in a county jail, or by the chief of police or designee, if the
offender is held in a city jail:
1. The offender's arrest or charge does not involve a crime of
violence against any person, u nless there is a specific treatment
program in the jurisdiction designed to address domestic violence
and the offense is related to domestic violence and substance abuse;
2. The offender has no prior felony conviction in this state or
another state for a violent offense within the last ten (10) years,
except as may be allowed in a domestic violence treatment program
authorized by the drug court program. It shall be sufficient for
this paragraph that a criminal history records name search was
conducted and indicated no apparent violent offense;
3. The offender's arrest or charge does not involve a violation
of the Trafficking In Illegal Drugs Act;
4. The offender has committed a felo ny offense; and
5. The offender:
a. admits to having a substance abuse a ddiction,
b. appears to have a substance abuse addiction,
c. is known to have a substance abuse addiction,
d. the arrest or charge is based upon an offense eligible
for the drug court program, or
e. is a person who has had an assessment authorized by
Section 3-704 of Title 43A of the Oklahoma Statutes or
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drug court investigation and the assessment or
investigation recommends the drug court program.
B. If it appears to the reviewing of ficer that the offender may
be potentially eligible for the drug court pr ogram based upon a
review of the information in subsection A of this section, the
offender shall be given an eligibility form which may be voluntarily
completed by the offender, and t he reviewing officer shall file the
criminal case record within the time prescribed in subsection E of
Section 471.1 of this title. The offender shall not automatically
be considered for the pr ogram based upon this review. The offender
must request consideration for the drug court program as provided in
subsection C of this s ection and shall have approval from the
district attorney before being considered for the drug court
program. The eligibility form shall describe the drug court program
for which the offender may be eligible, including, but not limited
to:
1. A full description of the drug court process and
investigation;
2. A general explanation of the roles and authority of the
supervising staff, the district attorney, the defense attorney, the
treatment provider, the offender, and the judge in the drug court
program;
3. A clear statement that the drug court judge may decide after
a hearing not to consider the offender for the drug cour t program
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and in that event the offender will be prosecuted in the traditional
manner;
4. A clear statement that the offender is requi red, before
consideration in the program, to enter a guilty plea as part of a
written plea agreement;
5. A clear statement that the plea agreement will specify the
offense to which the guilty plea will be entered and will state any
penalty to be imposed f or the offense, both in the event of a
successful completion of the drug court program, and in the event of
a failure to complete the program;
6. A clear statement that the offender must voluntarily agree
to:
a. waive the right to a speedy trial,
b. waive the right to a preliminary hearing,
c. the terms and conditions of a treatment plan, and
d. sign a performance contract with the court;
7. A clear statement that the offender, if ac cepted into the
drug court program, may not be incarcerated for the offen se in a
state correctional institution or jail upon successful completion of
the program;
8. A clear statement that duri ng participation in the drug
court program should the offender fail to comply with the terms of
the agreement, the offender may be sanc tioned to serve a term of
confinement of six (6) months in an intermediate revocation facility
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operated by the Department of Corrections. An offender shall not be
allowed to serve more than two separate terms of confinement in an
intermediate revocation f acility;
9. A clear statement that during participation in the drug
court program should the offender:
a. fail to comply with the terms of the agreements,
b. be convicted of a misdem eanor offense which reflects a
propensity for violence,
c. be arrested for a violent felony offense, or
d. be convicted of any felony offense,
the offender may be required, after a court hearing , to be revoked
from the program and sentenced without trial p ursuant to the
punishment provisions of the negotiated plea agreement; an d
10. An explanation of the criminal record retention and
disposition resulting from participation in the drug court pro gram
following successful completion of the program.
C. 1. The offender may request consideration for the drug
court program as follo ws:
a. if the offender is incarcerated, the offender must
sign and complete the eligibility form and return it
to the sheriff, if the offender is held in the county
jail; or to the chief of police, if the offender is
held in a city jail. The sheriff or ch ief of police,
upon receipt of the eligibility form, shall file the
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form with the district attorney at the time of filing
the criminal case record or at any time during the
period of incarceration when the offender completes
the form after the criminal cas e record has been
filed, or
b. after release of the offender from incarceration, the
offender must sign and complete the eligibility form
and file it with the district attorney or the court,
prior to or at the time of either initial appearance
or arraignment.
2. Any offender desiring legal consultation prior to signing or
completing the form for consideration in a drug cour t program shall
be referred to the defense attorney of the dru g court team, or a
public defender, if the offender is indigent, or allow ed to consult
with private legal counsel.
3. Nothing contained in the provisions of this subsection shall
prohibit the drug court from considering any offender deemed
eligible for the program at any time prior to sentencing whose case
has been prosecuted in the traditional manner, or upon a violation
of parole or probation conditions relating to substance abuse, upon
recommendation of the district attorney as provided in Section 471.8
of this title.
D. When an offender has filed a voluntary request to be
considered for a drug court program on the appropriate form, the
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district attorney shall indicate his or her approval of the request
by filing the form with or the drug court tea m shall make a
recommendation to the drug court judge. Upon the filing of the
request form recommendation by the district attorney or the drug
court team, an initial hearing shall be set before the drug court
judge. The hearing shall be not less than three (3 ) work days nor
more than five (5) work days after the date of the filing of the
request form. Notice of the hearing shall be given to the drug
court team, or in the event no drug court team is designated, to the
offender, the district attorney, and to th e public defender. The
offender shall be required to notify any private legal counsel of
the date and time of the hearing.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 471.3, is
amended to read as follows:
Section 471.3 A. At the initial hearing for consideration of
an offender for a drug court progr am, the district attor ney or the
drug court team shall determine whether or not:
1. The offender has approval to be considered for the drug
court program;
2. The offender has been admitted to the program within the
preceding five (5) years; provided, hav ing been admitted to a drug
court program within the previous five (5) years shall not make the
offender ineligible for consideration; and
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3. Any statutory preclusion , other prohibition, or program
limitation exists and is applicable to considering the of fender for
the program.
The district attorney may object to the consideration of an
offender for the drug court program at the initial hearing.
B. If the offender vol untarily consents to be considered for
the drug court program, has signed and filed the r equired form
requesting consideration, and no objection has been made by the
district attorney, the court shall refer the offender for a drug
court investigation as pr ovided in Section 471.4 of this title, and
set a date for a hearing to determine final el igibility for
admittance into the program.
C. Upon any objection of the district attorney for
consideration of an offender for the program, the court shall deny
determine consideration of the offender's request for participation
in the drug court program at the initial hearing. If the court
determines that the offender is eligible for participation in the
drug court program, the court shall refer the offender for a drug
court investigation as provided in Section 471.4 of this title, and
set a date for a hearing to determine fi nal eligibility for
admittance into the program .
D. Upon denial for consideration in the drug court program at
the initial hearing, the criminal case shall proc eed in the
traditional manner. An objection by the district attorn ey and the
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subsequent denial of consideration of the offender for the program
shall not preclude any future consideration of the offender for the
drug court program with the approval of the district attorney.
SECTION 4. AMENDATORY 22 O .S. 2021, Section 471.4, is
amended to read as follows:
Section 471.4 A. When directed by the drug court judge, the
supervising staff for the drug court program sha ll make an
investigation of the offender under consideration to determine
whether or not the offender is a person who:
1. Would benefit from the drug court program; and
2. Is appropriate for the drug court program.
B. The drug court investigation shall be conducted through a
standardized screening test and personal interview. A more
comprehensive assessment may take place at the time the offender
enters the treatment portion of the program and may take place at
any time after placement in the drug court program. The
investigation shall determine the original treatment plan which the
offender will be required to follow, if admitted to the program.
Any subsequent assessments or evaluations by the treatment provider,
if the offender is admitted to the pro gram, may be used to determine
modifications needed to the original treatment plan. The
investigation shall include, but not be limited to, the following
information:
1. The person's age and physical condition;
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2. Employment and military service records ;
3. Educational background and literacy level;
4. Community and family relations;
5. Prior and current drug and alcoho l use;
6. Mental health and medical treatment history, including
substance abuse treatment history;
7. Demonstrable motivation; and
8. Other mitigating or aggravating factors.
C. The drug court investigation may be conduc ted before or
after the initial hearing for consideration but shall occur before
the hearing for final determination of eligibility for the drug
court program. When an offender is appropriate for admittance to
the program, the supervising staff shall make a recommendation for
the treatment program or programs that are available in the
jurisdiction and which would benefit the offender and accept the
offender. The investigation findings and recommendations for
program placement shall be reported to the drug court judge, the
district attorney, the offender, and the defense attorney prior to
the next scheduled hearing.
D. The district attorney and the defense attorney f or the
offender shall independently review the findings and recommendations
of the drug court investigation report. For a n offender to remain
eligible for consideration in the program, both the district
attorney and the defense attorney must accept the re commended
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treatment plan, and shall negotiate the terms of the written plea
agreement with all punishment provisions speci fied before the
scheduled hearing date for determining final eligibility. Upon
failure of the district attorney and defense attorney to negotiate
the written plea agreement, the court shall determine the
appropriate punishment, or order the criminal case shall be
withdrawn from the drug court program and processed in the
traditional manner. The punishment provisions of the written plea
agreement shall emphasize reparation to the victim, community, and
state.
E. The hearing to determine final eligibility shall be set not
less than three (3) work days nor more than se ven (7) work days from
the date of the initial hearing for consideratio n, unless extended
by the court.
F. For purposes of this act, "supervising staff" means a
Department of Corrections employee assigned to monitor offenders in
the drug court program, a community provider assigned to monitor
offenders in the program, a stat e or local agency representative or
a certified treatment provider participating in the pro gram, or a
person designated by the judge to perform drug court investigations.
SECTION 5. AMENDATORY 22 O.S. 2021, Section 471.6, is
amended to read as foll ows:
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Section 471.6 A. The drug court judge shall conduct a hearing
as required by subsection E of Section 471.4 of this titl e to
determine final eligibility by considering:
1. Whether the offender voluntarily consents to the program
requirements;
2. Whether to accept the offender based upon the findings and
recommendations of the drug court investigation authorized by
Section 471.4 of this title;
3. Whether there is a written plea agreement, and if so,
whether the terms and conditions of the written ne gotiated plea by
the court or between the district attorney, the defense attorney and
the offender are appropriate and consist ent with the penalty
provisions and conditions of other similar cases;
4. Whether there is an appropriate treatment program avail able
to the offender and whether there is a recommended treatment plan;
and
5. Any information relevant to determining eligib ility;
provided, however, an offen der shall not be denied admittance to any
drug court program based upon an inability to pay cour t costs or
other costs or fees.
B. At the hearing to determine final eli gibility for the drug
court program, the judge shall not grant any admission of any
offender to the program when:
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1. The required treatment plan and plea agreement have not been
completed;
2. The program funding or availability of treatment has been
exhausted;
3. The treatment program is unwilling to acce pt the offender;
4. The offender was ineligible for consideration by the nature
of a violent offense at the time of arrest, and t he charge has been
modified to meet the eligibility criteria of the progr am; or
5. The offender is inappropriate for admissio n to the program,
in the discretion of the judge.
C. At the final eligibility hearing, if evidence is presented
that was not discovered by the drug court investigation, the
district attorney or the defe nse attorney may make an objection and
may ask the court to withdraw the plea agreement previously
negotiated. The court shall determine whether to proceed and
overrule the objection , to sustain the objection and transfer the
case for traditional criminal prosecution or to require further
negotiations of the plea or punishment provisions. The decision of
the judge for or against eligibility and admission shall be final.
D. When the court accepts the treatment plan with the written
plea agreement, the off ender, upon entering the plea as agreed by
the parties, shall be ordered and escorted i mmediately into the
program. The offender must have voluntarily signed the necessary
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court documents before the offender may be admitted to treatment.
The court documents shall include:
1. Waiver of the offender 's rights to speedy trial;
2. A written plea agreement which sets forth the offense
charged, the penalty to be imposed for the offense in the event of a
breach of the agreement and the penalty to be imposed, if any, in
the event of a successful completion of the treatment program;
provided, however, incarceration shall be prohibited when the
offender completes the treatment program;
3. A written treatment plan which is subject to modification at
any time during the program; and
4. A written performance contract requiring the offender to
enter the treatment program as directed by the court and participate
until completion, withdrawal or rem oval by the court.
E. If admission into the drug court program is denied , the
criminal case shall be returned to the traditio nal criminal docket
and shall proceed as provided for any other criminal case.
F. At the time an offender is admitted to the drug court
program, any bail or undertaking on behalf of the offender shall b e
exonerated.
G. The period of time during which an offender may participate
in the active treatment portion of the drug court program shall be
not less than six (6) months nor more than twenty-four (24) months
and may include a period of supervision not less than six (6) months
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nor more than one (1) year f ollowing the treatment portion of the
program. The period of supervision may be extended by order of the
court for not more than six (6) months. No treatment dollars shall
be expended on the offender d uring the extended period of
supervision. If the cou rt orders that the period of super vision
shall be extended, the drug court judge, district attorney, the
attorney for the offender and the supervising staff for the drug
court program shall evaluate the appropriateness of continued
supervision on a quarter ly basis. All participating treat ment
providers shall be certified by the Department of Mental Health and
Substance Abuse Service s and shall be selected and evaluated for
performance-based effectiveness annually by the Department of Mental
Health and Substance Abuse Services. Treatment p rograms shall be
designed to be completed within twelve (12) months and shall have
relapse prevention and evaluation components.
H. The drug court judge shall order the offender to pay court
costs, treatment costs, drug t esting costs, a program user fee n ot
to exceed Twenty Dollars ($20.00) per month and necessary
supervision fees, unless the offend er is indigent. The drug court
judge shall establish a schedule for the payment of costs and fees.
The cost for treatment, d rug testing and supervision shall be set by
the treatment and supervision providers respectively and made part
of the court's order for payment. User fees shall be set by the
drug court judge within the maximum amount authorized by this
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subsection and payable directly to the court clerk f or the benefit
and administration of the drug court program. Treatment, drug
testing and supervision costs shall be paid to the respective
providers. The court clerk s hall collect all other costs and fees
ordered and deposit such costs and fees with the county treasurer in
a drug court fund created and administered pursuant to subsection I
of Section 471.1 of this title. The remaining user fees shall be
remitted to the State Treasurer by the court clerk for deposit in
the Department of Mental Health and Substance Abuse Services ' Drug
Abuse Education and Treatment Revolving Fund established pursuant to
Section 2-503.2 of Title 63 of the Oklahoma Statutes. Court orders
for costs and fees pursuant to this subsection shall n ot be limited
for purposes of coll ection to the maximum term of imprisonment for
which the offender could have been imprisoned for the offense, nor
shall any court order for costs and fees be limited by any term of
probation, parole, supervision, treatment or extension thereof.
Court orders for costs and fees shall remain an obligation of the
offender until fully paid; provided, how ever, once the offender has
successfully completed the drug court program , the drug court judge
shall have the discretion to e xpressly waive all or part of the
costs and fees provided for in this subsection if, in the opinion of
the drug court judge, conti nued payment of the costs and fees by the
offender would create a financi al hardship for the offender.
Offenders who have not fully paid all costs and fees pur suant to
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court order but who have otherwise successfully completed the drug
court program shall not be counted as an active drug court
participant for purposes of drug c ourt contracts or program
participant numbers.
I. Notwithstanding any other provision of law, if the driving
privileges of the offender have been suspended, revoked, cancel ed or
denied by the Department of Public Safety and if the drug court
judge determines that no other means of transportation for the
offender is available, the drug cour t judge may enter a written
order requiring the Department of Public Safety to stay any and all
such actions against the Class D driving privileges of the offender;
provided, the stay shall not be construed to grant driving
privileges to an offender who ha s not been issued a driver license
by the Department or whose Oklahoma driver license has expired , in
which case the offender shall be required to apply for and be found
eligible for a driver license, pass all examinations, if applicable,
and pay all statutory driver license issuance or renewal fees. The
offender shall provide proof of insurance to t he drug court judge
prior to the judge ordering a stay of any driver lice nse suspension,
revocation, cancellation or denial. When a judge of a drug court
enters a stay against an order by the Department of Public Safety
suspending or revoking the driving privileges of an offender, the
time period set in the order by the Depart ment for the suspension or
revocation shall continue to run during the stay. When an offender
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has successfully completed the drug court program, the drug court
judge shall maintain j urisdiction over the offender 's driving
privileges for one (1) year after the date on which the offender
graduates from the dr ug court program.
SECTION 6. This act shall become effective November 1, 2022.
58-2-8742 GRS 12/10/21