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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1548 By: Thompson
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Sections 471.1, 471.2, 471.3, 471.4,
471.6, 471.8, and 471.10, which rel ate to the
Oklahoma Drug Court Act; modifying entity authorized
to establish drug court program; establishing
requirements for administrative contracts for
maintaining drug court programs; providing for
funding for drug court programs; providing for
administrative support and oversight of drug court
programs; modifying eligibility requireme nts for drug
court programs; modi fying participants in drug court
team; modifying procedures for review of offender for
drug court program; modifying procedures for offender
request for consideration for drug court program;
modifying requirements for initial hearing for
consideration for drug court program; modifying
requirements for drug court investigation report;
modifying definition; deleting prohibitions for
admission to program; modifying requirements for
utilization of programs as disciplinary sanction;
modifying authority for implementation of Oklahoma
Drug Court Act; updating statutory references; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 471.1, is
amended to read as follows:
Section 471.1. A. For purposes of the Oklahoma Drug Cou rt Act,
“drug court”, “drug court program” or “program” means an immediate
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and highly structured judicial intervention process for substance
abuse treatment of elig ible offenders which expedites the criminal
case and requires successful completion of the p lea agreement.
B. Each district court county of this state is authorized to
establish a drug court program pursuant to the provisions of the
Oklahoma Drug Court Act, subj ect to availability of funds. Juvenile
drug courts may be established based upon the provisions of the
Oklahoma Drug Court Ac t; provided, however, juveniles shall not be
held, processed or treated in any manner which violates any
provision of Title 10A of the Oklahoma Statutes
1. In each county with a drug court program, t he board of
county commissioners shall enter into an administrative contract
with the Department of Mental Health and Substance Abuse Services
(DMHSAS) for establishing and maintaining the drug court program .
2. For drug court programs that encompass more than one county,
a single administrative contr act may be executed by the board of
county commissioners in the county receiving payment, which shall be
designated as the primary county for the program.
3. Upon signing the contract, the board of county commissioners
shall designate the drug court coordinator. The county may identify
the program coordinator as a county employee or enter into a
subcontract with a court services subcontractor to provide the
coordinator position. If additional staff positio ns are necessary
to support the program, the coun ty may identify additional county
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employee positions to serve as drug court staff, subcontract with
its court services subcontractor to provide one or more drug court
program staff or use a combination of county employees and staff
provided through the sub contractor. Nothing in this paragraph shall
be construed to prohibit personnel from other private entities or
state agencies from serving as drug court support staff as approved
by the board of county commissioners. All staff shall be under the
supervision of the drug court coordinator when performing duties
related to the drug court program .
4. The county shall receive and allocate the funds from DMHSAS,
as set forth in the administrative contract, fo r the operation and
staffing of the drug court progr am. The county or its court
services subcontracto r, where applicable, shall be responsible for
overhead and expenses associated with operatin g a drug court program
including risk management and liability insurance, staff salaries
and benefits, computer equipment, and compliance officer staffing.
5. The county, or the county ’s designated court services
subcontractor, shall provide administrative support and oversight
for the drug court program and the drug court program staff. Such
administrative support and oversight shall include:
a. employing and supervising the drug court coordinator
and any other staff who are assigned to support the
drug court program, and
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b. communicating with DMHSAS as required by the
administrative contract, to monitor the performance
and success of the drug court program based upon
established formulas, case load statistics, and
performance metrics.
C. Drug court programs shall n ot apply to any violent crimi nal
offense. Eligible offenses may further be restricted by the rules
of the specific drug court progr am. Nothing in the Oklahoma Drug
Court Act shall be construed to req uire a drug court to consider
every offender with a tre atable condition or addiction even if the
controlling offense is eligible for cons ideration in the program.
Traditional prosecution shall be required where an offender is
determined not appropriate fo r the drug court program. Juvenile
drug courts may be established based upon the provisions of the
Oklahoma Drug Court Act; provided, ho wever, a juvenile shall not be
held, processed or treated in any manner which violates any
provision of Title 10A of the Oklaho ma Statutes.
D. Drug court programs shall requ ire a separate judicial
processing system dif fering in practice and design from th e
traditional adversarial criminal prosecution and trial systems.
Whenever possible, a drug court team shall be d esignated consisting
of a judge to administer preside over the drug court judicial
process and hold proceedings where participants are advanced through
the program, a district attorney, a defense attorney, a drug court
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coordinator, and other persons designated by the drug court team who
shall have appropriate under standing of the goals of the program and
of the appropriate treatment met hods for the various conditions.
The assignment of any per son to the drug court tea m shall not
preclude the assigned person from performing other duties required
in the course of the ir office or employment. The chief judge of t he
judicial district, or if the district has more than one chief judge
then the presiding judge of the Administ rative Judicial District,
shall designate one or more judges to administer preside over cases
assigned to 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 is established, the arresting
officer shall file the criminal case record for potentially el igible
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 ca se record
when the offender appears eligible for conside ration for the
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program. The information may be amended as necessary when an
offender is denied admittance into the drug court program or for
other purposes as provided 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 approv al of the district
attorney. Any criminal case which has been filed and proc essed in
the traditional manner shall be cross-referenced to a drug court
case file by the court clerk if the c ase is subsequently assigned to
the drug court program. The origina ting criminal case file shall
remain open to public inspection. The judge sh all determine what
information or pleadings are to be r etained in the drug court case
file, which shall be clos ed to public inspection.
F. The court may request assistance from t he Department of
Mental Health and Substance Abuse Services which shall be th e
primary agency to assist in developing and implementi ng a drug court
program or from any state or local agenc y in obtaining the necessary
treatment services which will assure ma ximum 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 county in establishing a drug court
program.
G. Each drug court program shall ensure, apply recognized best
practices including but not be limited to:
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1. Strong linkage between participating agencies;
2. Access by all participating parties of a case to information
on the progress of the offender;
3. Vigilant supervision and monitoring procedur es;
4. Random substance abuse testing;
5. Provisions for noncomplianc e, modification of the treatment
plan and revocation proceedings;
6. Availability of residential treatment facilities and
outpatient services;
7. Payment of court costs, treatment cos ts, 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
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9. Methods for measuring per formance-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, sanc tions imposed and
incentives given.
I. All funds received by a drug court, in its capacity as a the
county for the drug court program, shall be credited to and
accounted for in the county 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 subj ect to fiscal year limitati ons,
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 depos ited with the county treasurer shall be made
only upon sworn itemized c laims approved by the count y clerk, filed
with the county treasurer and paid by cash voucher drawn by t he
county treasurer from the funds.
J. Nothing in this section shall prohibit any county from
establishing a drug court for misdeme anor offenses. Such
misdemeanor drug courts sha ll follow the rules and regulations of
felony drug courts except that the pe nalty for revocation shall not
exceed one (1) year in the county jail or the maxim um penalty for
the misdemeanor allowed by statute, whichever is less. The
Department of Mental He alth and Substance Abuse Services shall
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provide technical assistance 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 shall occur at any time prior to
disposition of the case and sentencing of the offender , including
sentencing on a petition to revoke a suspende d sentence or any
probation violation. Any judge assigned a criminal case where drug
court processing appears to be more appropriate for the offender may
consider eligibility for the drug court program. T he judge shall
give the district attorney and defe nse attorney the opportunity to
make an objection. If the judge determ ines the person would best be
served by the drug court, the judge may proceed with placing the
offender in the drug court program. The decision of the judge for
or against eligibility and admission shall be fin al.
B. When a drug court is established, the following information
shall be initially reviewed by the sheriff or designee, if the
offender is held in a county jail, or by the chie f of police or
designee, if the offender is held i n a city jail:
1. The offender’s arrest or charge does not involve a c rime of
violence against any person, unless there is a specific treatment
program in the jurisdiction designed to address domestic viol ence
and the offense is related to domestic violen ce and substance abuse;
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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 t reatment 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 vi olation
of the Trafficking In Illegal Drugs Act;
4. 2. The offender has committed a felony offense or a
misdemeanor offense where a misdemeanor drug court is authorized ;
and
5. 3. The offender:
a. admits to having a substance abuse addiction,
b. appears to have a substance abuse addiction,
c. is known to have a substance abuse addiction,
d. the arrest or charge is based up on an offense eligible
for the drug court program, or
e. is a person who has h ad an assessment authorized by
Section 3-704 of Title 43A of the Oklahoma Statutes or
drug court investigat ion and the assessment or
investigation recommends the drug court progr am.
B. C. If it appears to the reviewing officer that the offender
may be potentially eligible for the drug court program based upon a
review of the information in subsection A B of this section, the
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offender shall be given an eligibility form which may be voluntarily
completed by the offender, and the reviewing officer shall file the
criminal case record within the time prescribed in su bsection E of
Section 471.1 of this title. The offender shall not automatically
be considered for the program based upon this review. The offender
must may request consideration for the drug court program a s
provided in subsection C D of this section and shall have approval
from the district attorney be fore 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 t he judge presiding over the
cases in the drug court program;
3. A clear statement that the drug court judge may decide after
a hearing not to consider the offender fo r the drug court program
and in that event the offender will be prosecuted in the traditional
manner;
4. A clear statement that the of fender is required, before
consideration in the pr ogram, to enter a guilty plea as part of a
written plea agreement;
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5. A clear statement that the plea agreement will specify the
offense to which the guilty plea will be entered and wi ll state any
penalty to be imposed for the offense, both in the event of a
successful completion of the drug court program, and in the event o f
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 drug court;
7. A clear statement that the offender, if accepted into the
drug court program, m ay not be incarcerated for the offense in a
state correctional ins titution or jail upon successful completion of
the program;
8. A clear statement that during participation in the drug
court program should the offender fail to comply with the terms of
the agreement, the offender may be sanctioned to serve a term of
confinement of six (6) months in an intermediate revocation facility
operated by the Department of Corrections. An offender shall not be
allowed to serve more than two separate terms of confine ment in an
intermediate revocation facility;
9. A clear statement that during participation in the drug
court program should the offende r:
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a. fail to comply with the terms of the agreements,
b. be convicted of a misdemeanor 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, a fter a court hearing, to be revoked
from the program and sentenced without trial pursuant to the
punishment provisions of the negotiated plea agreement; and
10. An explanation of the c riminal record retention and
disposition resulting from participation i n the drug court program
following successful completion of the program.
C. D. 1. The offender may request consideration for the drug
court program as follows:
a. if the offender is i ncarcerated, the offender must
sign and complete the eligibility form a nd 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 chief of police,
upon receipt of the completed eligibility form, shall
file the form with the district attorney at the ti me
of filing the criminal case record or at any time
during the period of incarceration when the offender
completes the form after the criminal case record has
been filed drug court coordinator , or
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b. after release of the offender from incarceration, the
offender must sign and c omplete the eligibility form
and file it with the district attorney drug court
coordinator 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 court program shall
be referred to the defense attorney of t he drug court team, or a
public defender, if the offender is indigent, or allowed to consult
with private legal counsel.
3. Nothing contained i n 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. E. When an offender has filed a voluntary request to be
considered for a drug court program on the appropriate form , the
drug court coordinator shall file the form with the district
attorney who shall indicate his or her approval of recommendation
regarding the request by filing and submit the form with to the drug
court judge. Upon the filing of the request form by t he district
attorney, an initial hearing shall be set before the drug court
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judge. The hearing shall be not less t han 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 gi ven to the drug
court team, or in the event no drug court team is designated, to the
offender, the district attorne y, and to the public de fender. 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 program, the district attorney judge
presiding over the drug court case 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, having been admitted to a dr ug
court program within the previous f ive (5) years shall not make the
offender ineligible for consideration; and
3. Any any statutory preclusion, other prohibition, or program
limitation exists and is applicable to considering the offender for
the program.
The district attorney may object to the consideration of an
offender for the drug court program at the initial hearing.
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B. If the offender voluntarily consents to be considered for
the drug court program , and has signed and filed the required form
requesting consideration, and no objection has bee n made by the
district attorney, the court shall may refer the offender for a dru g
court investigation a s provided in Section 471.4 of this title, and
set a date for a hearing to determine final eligibility 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
consideration of the offender’s request for participation in the
drug court program. Upon denial for If the judge denies
consideration in the drug court program at the initial hearing, the
criminal case shall proceed in the tradition al manner. An objection
by the district attorney and the subsequent A denial of
consideration of the offender for the program sh all not preclude any
future consideration of the offender for the drug c ourt 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
determines that further investigation of the offender under
consideration is appropriate , the supervising staff for the drug
court program shall make an investigation of the offender under
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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 ta ke 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 e valuations by the trea tment provider,
if the offender is admitted to the program, 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;
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
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8. Other mitigating or aggravating factors.
C. The drug court investigation may be conducted before or
after the initial hearing for consideration but shall occur before
the hearing for final determin ation of eligibility fo r the drug
court program. When an offender is appropriate for admittance to
the program, the supervising staff shal l make a recommendation for
the treatment program or programs that are available in the
jurisdiction and which would benefit the offender an d accept the
offender. The investigation findings and recommendations for
program placement shall be reported to th e drug court judge, the
district attorney, the offender, and the defense attorney prior to
the next scheduled hearing .
D. The district atto rney and the defense attorney for the
offender shall independently review the findings and recommendations
of the drug court investigation report. For an offender to remain
eligible for consideration in the pro gram, both the The district
attorney and the defense attorney must accept the recommended
treatment plan, and shall negotiate the terms of the written plea
agreement with all punishment provisions speci fied before prior to
the scheduled hearing date for de termining final eligib ility. Upon
failure of the district attorney and defense attorney to negotiate
the written plea agreement, the judge presiding over the case may
order the criminal case shall to be withdrawn from th e drug court
program and processed in the traditional manner. The punishment
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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 seven (7) work days fr om
the date of the init ial hearing for consideration, unless extended
by the court.
F. For purposes of this act Section 471 et seq. of this title ,
“supervising staff” means a Department of Corrections employee
assigned to monitor of fenders in the drug cou rt program, a community
provider assigned to monit or offenders in the program, a state, or
local agency county, or municipal governmental representative, or a
certified treatment provider participating in the program, or a
CLEET-certified person designated by the judge drug court program to
perform drug court investigations.
SECTION 5. AMENDATORY 22 O.S. 2021, Section 471.6, is
amended to read as follows:
Section 471.6. A. The drug court judge shall conduct a hearing
as required by subsection E of Sect ion 471.4 of this title to
determine final eligibility by considering:
1. Whether the offender voluntarily consents to the program
requirements;
2. Whether to accept the offender b ased upon the findings and
recommendations of the d rug court investigation authorized by
Section 471.4 of this title;
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3. Whether there is a written plea agreement, and if so,
whether the terms and conditions of the written negotiated plea
between the district attorney, the defense attorney and the offende r
are appropriate and c onsistent with the penalty provisions and
conditions of other similar cases;
4. Whether there is an appropriate treatment program available
to the offender and whether there is a re commended treatment plan;
and
5. Any information r elevant to determining eligibility;
provided, however, an offender shall not be denied admittance to any
drug court program based upon an inability to pay court costs or
other costs or fees.
B. At the hearing to determine final eligibility for the drug
court program, the judge shall not grant any admissi on of any
offender to the program when:
1. The required treatment plan and plea agreement have not been
completed;
2. The program funding or availability of treatment has been
exhausted; or
3. The treatment program is unwillin g to accept the offender;
4. The offender was ineligible for consideration by the nature
of a violent offense at the time of arrest, and the charge has been
modified to meet the eligib ility criteria of the program; or
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5. The offender is inappropriate for admission 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 defense attorney may make an objection and
may ask the court to withdraw th e 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 re quire further
negotiations of the plea or punishme nt 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 writ ten
plea agreement, the offender, upon entering the plea as agreed by
the parties, shall be ordere d and escorted immediately into the
program. The offender must have voluntarily signed the necessary
court documents before the offender may be admitted to t reatment.
The court documents shall include:
1. Waiver of the offende r’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 th e penalty to be imposed, if any, in
the event of a successful completio n of the treatment program;
provided, however, incarceration shall be prohibited when the
offender completes the treatment program;
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3. A written treatment plan which is subject to modi fication at
any time during the program; and
4. A written performance contract requiring the offe nder to
enter the treatment program as directed by the court and participate
until completion, withdrawal or removal by the court.
E. If admission into the d rug court program is denied, the
criminal case shall be returned to the traditional criminal docke t
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 beh alf of the offender shall be
exonerated.
G. The period of time during which an offender may parti cipate
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) mon ths
nor more than one (1) year following the treat ment 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 during the extended pe riod of
supervision. If the court orders that the period of supervision
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 co ntinued
supervision on a quarterly basis. All par ticipating treatment
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providers shall be certified by the Department of Mental Health and
Substance Abuse Services and shall be selected and evaluated for
performance-based effectiveness annually by the Depa rtment of Mental
Health and Substance Abuse Servic es. Treatment programs 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 cour t
costs, treatment cost s, drug testing costs, a pr ogram user fee not
to exceed Twenty Dollars ($20.00) per month and necessary
supervision fees, unless the offender is indigent. The drug court
judge shall establish a schedule for the payment of costs and fees.
The cost for treatment, drug testing and su pervision 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 autho rized by this
subsection and payable directly to t he court clerk for 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 shall collect all othe r costs and fees
ordered and deposit such costs an d 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 fe es shall be
remitted to the State Treasurer by t he court clerk for depo sit in
the Department of Me ntal Health and Substance Abuse Services’ Drug
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Abuse Education and Treatment Revolving Fund established pursuant to
Section 2-503.2 of Title 63 of the Oklahom a Statutes. Court orders
for costs and fees pur suant to this subsectio n shall not be limited
for purposes of collection to the maximum term of imprisonment for
which the offender could have been imprisoned for the offense, nor
shall any court order for co sts and fees be limited by any term of
probation, parole, supervision, treatment or extension ther eof.
Court orders for costs and fees shall remain an obligation of the
offender until fully paid; provided, however, once the offender has
successfully completed the drug court program, the drug court judg e
shall have the discre tion to expressly waive all or part of the
costs and fees provided for in this subsection if, in the opinion of
the drug court judge, continued payment of the costs and fees by the
offender would create a financial hardship for the o ffender.
Offenders who have not fully paid all co sts and fees pursuant to
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 court contracts or pro gram
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 t he drug court
judge determines that no other mea ns of transportation fo r the
offender is available , the drug court judge may enter a written
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order requiring the Department of Public Safety to stay any and all
such actions against the Class D driving privil eges of the offender;
provided, the stay shall n ot be construed to gran t driving
privileges to an offender who has 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 exam inations, if applicable,
and pay all statutory driver license issuance or renewal fees. The
offender shall provide proof of insurance to the drug court judge
prior to the judge orderin g a stay of any driver license 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 Department for the suspensi on or
revocation shall continue to run during the stay. When an offender
has successfully completed the drug court program, the drug court
judge shall maintain jurisdiction over the offender ’s driving
privileges for one (1) year after the date on which th e offender
graduates from the drug court program.
SECTION 6. AMENDATORY 22 O.S. 2021, Sectio n 471.8, is
amended to read as follows:
Section 471.8. The drug court program may be utilized as a
disciplinary sanction for a violation of a condition of parol e
related to substance abus e for eligible offenses, or in a case where
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the offender has been trie d for an eligible offense in the
traditional manner, given either a deferred or suspended sen tence,
and has violated a condition of the sentence. The judge sh all not
order an offender into treatment within the scope of any drug court
program without prior approval from the designated drug court team,
or the district attorney if no team is designa ted. Any judge having
a criminal case assi gned where drug court p rocessing appears to be
more appropriate for the offender, may request a review of the case
by the drug court team, or if no team is designated, a review by the
district attorney and the def ense attorney. If both the district
attorney and the defense atto rney or offender agree, the case may be
transferred to the drug court program with the approval o f a
designated presiding drug court judge. After a case has been
transferred to the drug court docket, it shall continue with the
designated drug court judge until the offender is revok ed or
released from the program. The offenders whose cases have been
transferred from a traditional criminal case docket to the drug
court docket shall be required to have a drug court investigation
and complete the drug court p rocess prior to placement i n any
treatment program authorized by this act Section 471 et seq. of this
title.
SECTION 7. AMENDATORY 22 O.S. 2021, Sectio n 471.10, is
amended to read as follows:
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Section 471.10. A. For purposes of this act, the following
state agencies shall jointly develop a st andardized testing
instrument with an appropriate scoring device for use by a ll the
district courts in this state in implementing the Oklahoma Drug
Court Act:
1. The Department of Corrections;
2. The Administrative Of fice of the Courts;
3. The Department of Mental Health and Substance Abuse
Services;
4. The State Department of Health;
5. The State Department of Education;
6. The Office of Juvenile Affairs; and
7. The Oklahoma Department of Vocational and Technical
Education.
B. The Administrative Of fice of the Courts shall promulgate
rules, procedures, and forms necessary to implement the Oklahoma
Drug Court Act to ensure statewid e uniformity in procedures and
forms. The Department of Mental Health and Substance Abuse Services
is directed to develop a training and implementation manual for drug
court programs with the assist ance of the State Department of
Health, the State Departm ent of Education, the Oklahoma Depa rtment
of Career and Technology Education, the Dep artment of Corrections,
the Office of Juvenile Affairs, and the Administrative Office of the
Courts. The Departme nt of Mental Health and Substance Abuse
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Services shall provide technical assistance to the d istrict courts
in implementing drug court programs .
C. All participating agencies shal l promulgate rules as
necessary to comply with the provisions of this act Section 471 et
seq. of this title. Each district court shall establish rules for
their jurisdiction upon implementation of a drug court program,
pursuant to the provisions of this act.
SECTION 8. This act shall become effective November 1, 2022.
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