Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB115

Introduced
2/1/21  

Caption

Deferred prosecution programs; authorizing use of programs for persons accused of certain offenses; establishing requirements for participation. Effective date.

Impact

By amending existing statutes related to deferred prosecution, SB115 sets forth a clearer framework that guides district attorneys in deciding who is eligible for such programs. The guideline provisions must take into account various factors, including the nature of the offense, the accused's cooperation, and public safety considerations. Notably, the bill includes specific provisions for domestic violence offenses, necessitating participation in treatment programs as a condition of deferred prosecution. This indicates a targeted effort to address substance issues while highlighting the importance of victim safety.

Summary

Senate Bill 115 is a legislative measure aimed at enhancing the effectiveness of the criminal justice system in Oklahoma by allowing the use of deferred prosecution programs for certain accused individuals. The bill stipulates that district attorneys may defer the filing of criminal charges for a period of up to three years, providing that it serves the best interests of the accused and does not compromise public safety. The legislation emphasizes a rehabilitative approach, focusing particularly on first-time offenders and nonviolent crimes, which proponents argue will reduce recidivism and assist individuals in reintegrating into society.

Contention

Though SB115 introduces beneficial reforms, it has also sparked discussions regarding its implications. Supporters contend that offering deferred prosecution pathways may greatly benefit those accused of less severe charges, potentially easing the burden on the court system. However, some critics express concerns that including certain domestic abuse offenses under deferred prosecution could send a troubling message about accountability. The measures requiring treatment and supervision are efforts to mitigate these risks, reflecting complex tensions in balancing legislative reforms with community safety.

Notable_points

Overall, SB115 marks a significant step toward modernizing Oklahoma's approach to handling specific criminal cases. By aligning deferred prosecution policies with community needs, policymakers aim to foster a justice system that prioritizes rehabilitation over punishment. As the bill progresses, its full effects on both accused individuals and public safety will require ongoing evaluation, ensuring that the intended benefits are realized without undermining victims’ rights or public trust.

Companion Bills

No companion bills found.

Previously Filed As

OK HB1880

Criminal procedure; authorizing district attorneys to create restorative justice programs for certain nonviolent offenders; codification; effective date.

OK SB925

Title theft; authorizing filing of certain notice; establishing requirements for filing of certain notice; establishing felony offenses for title theft; establishing elements of certain offenses. Effective date.

OK SB1100

Assault and battery; requiring certain assessment; authorizing certain alternative programs. Effective date.

OK SB283

Crimes and punishments; requiring certain program participation. Effective date.

OK SB884

Crimes and punishments; providing duress by abuse affirmative defense for persons accused of certain crimes; providing evidentiary requirements. Effective date.

OK SB884

Crimes and punishments; providing duress by abuse affirmative defense for persons accused of certain crimes; providing evidentiary requirements. Effective date.

OK HB3053

Criminal procedure; providing option for sentences to be deferred when offenders successfully complete drug court programs; effective date.

OK SB310

Youthful offenders; prohibiting youthful offender status for person charged with certain crimes. Effective date.

OK SB1783

Criminal procedure; authorizing use of certain treatment programs for pretrial release; authorizing order for electronic monitoring; requiring court to make certain determination for restoration of competence. Effective date.

OK HB3044

Motor vehicles; requiring certain persons complete Impaired Driver Accountability Program; allowing for satisfaction of requirements under certain condition; effective date.

Similar Bills

No similar bills found.