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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1548 By: Thompson of the Senate
and
Hilbert of the House
[ criminal procedure - modifying entity authorized to
establish drug court program - establishing
requirements for administ rative contracts for
maintaining drug court programs - 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
and highly structured judicial intervention process for substance
abuse treatment of eligible 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
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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 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
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 dru g court program.
2. For drug court programs that encompass more than one county,
a single administrative contract 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 county may identify additional county
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 subcontractor. Nothing in this paragraph shall
be construed to prohibit personnel from other private entities or
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state agencies from serving as dr ug 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 receiv e and allocate the funds f rom DMHSAS,
as set forth in the administrative contract, fo r the operation and
staffing of the drug court program. 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 s upport 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 assign ed to support the
drug court program, and
b. communicating with DMHSAS as required by the
administrative contra ct, to monitor the performance
and success of the drug court program based upon
established formulas, case load statistics, and
performance metrics.
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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 req uire a drug court to consider
every offender with a treatable condition or addiction even if the
controlling offense is eligible fo r consideration in the program.
Traditional prosecution shall be required where an offender is
determined not appropriate fo r the drug court pro gram. Juvenile
drug courts may be established based upon the provisions of the
Oklahoma Drug Court Act; provid ed, however, 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 require a separate judicial
processing system dif fering in practice and design from the
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
coordinator, and other persons designated by the drug court t eam who
shall have appropriate understanding of the goals of the program and
of the appropriate treatment met hods for the various conditions.
The assignment of any person to the drug court tea m shall not
preclude the assigned person from performing other duties required
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in the course of their 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 ext end 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 distri ct 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 eligible for conside ration 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 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 approval of the district
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attorney. Any criminal case which has been filed and pr ocessed 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. T he 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 clos ed to public inspection.
F. The court may request assista nce 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 state or local agenc y in obtaining the necessary
treatment services which will assure maximum opportunity for
successful treatment, education and rehabilitation fo r 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:
1. Strong linkage between participating agencies;
2. Access by all participat ing parties of a case to information
on the progress of the offender;
3. Vigilant supervision and monitoring p rocedures;
4. Random substance abuse testing;
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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, treatm ent 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 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, restart s, sanctions imposed and
incentives given.
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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 opera tion 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 c laims approved by the count y 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 prohi bit any county from
establishing a drug court for misdemeanor offenses. Such
misdemeanor drug courts sha ll 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 th e maximum penalty for
the misdemeanor allowed by statute, whichever is less. The
Department of Mental He alth 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 sh all occur at any time prior to
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disposition of the case and sentencing of the offender , including
sentencing on a petition to revoke a suspended sentence or any
probation violation.
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 t he 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 c rime of
violence against any perso n, unless there is a specific treatment
program in the jurisdiction designed to address domest ic 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 domestic violence offense within the
last ten (10) years, except as may be allowed in a domestic vio lence
treatment program authorized by the drug court program. It shall be
sufficient for this paragraph that a crimin al history records name
search was conducted and indicated no apparent violent domestic
violence offense. An offender admitted to the drug court program
for a crime which requires the offender to attend a batter ers'
intervention program certified by the Attorney General's office
shall be required to undergo such treatment as a condition of drug
court;
3. 2. The offender's arrest or charge does not invol ve a
violation of the Trafficking In Illegal Drugs Act;
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4. 3. The offender has committed a felony offen se or a
misdemeanor offense where a misdemeanor drug court is authorized;
and
5. 4. 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 investigation 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
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 prescribe d in subsection 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 before being considered for the drug
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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 o f 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 offender is required, 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 wi ll state any
penalty to be imposed for the offense, both in the event of a
successful completion of the drug court pro gram, 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,
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b. waive the right to a preliminary hearing,
c. the terms and conditions of a treatment pl an, 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 institution 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 re vocation 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:
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
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10. An explanation of the criminal 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 incarcerated, 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 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 case record has
been filed drug court coordinator who shall forward
the form to the district attorney and the judge
assigned to the offender's case, or
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. The drug
court coordinator shall forward the form to the
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district attorney and the judge assigned to the
offender's case.
2. Any offender desiring legal consultation prio r to signing or
completing the form for consideration in a drug court program shall
be referred to the defense attorn ey of the drug court team, or a
public defender, if the offender is indigent, or allowed 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. E. When an offender has filed a voluntary request to be
considered for a drug court program on the appropriate form, the
district attorney shall indicate his or her approval of the request
by filing the form with 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 judge. Th e 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 o ffender, the district attorney, and to the
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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 program, the district attorney shall
determine whether or not:
1. The offender has approval to be considered for the drug
court program; and
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 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 hearin g.
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 fo r a drug
court investigation as provided in Section 471.4 of this title, and
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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 p rogram, the court shall deny
consideration of the offender's request for participation in the
drug court program. Upon denial for consideration in the drug court
program at the initial hearing, the criminal case shall proceed in
the traditional manner. An objection by the district attorney and
the subsequent A 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. Each drug court team shall devel op agreed-
upon, objective eligibility criteria to determine presumptive dru g
court eligibility for offenders. The obj ective criteria shall be in
writing and communicated to potential referral sources including but
not limited to judges, law enforcement, defense attorneys,
prosecutors, treatment professionals, and communi ty supervision
officers. The criteria shall target high-risk and high-need
offenders who are addicted to illicit drugs or alcohol and who are
at a substantial risk for reoffending or failing to complete a less
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intensive case disposition such as standard probation or pret rial
supervision.
B. When directed by the drug court judge, district attorney,
defense attorney, drug court coordinator, treatment provider, or any
other drug court team member determines that further investigation
of the offender under consid eration is appropriate, the supervising
staff for the drug court program shall make an investigation of the
offender under consideration to determine whether or not the
offender is a person who:
1. Is presumptively eligible for the drug court pr ogram;
2. Would benefit from the drug court program; and
2. 3. Is appropriate for the drug court program and there is
not a more appropriate less restrictive treatment alternative based
upon the risk and need levels of the offender.
B. C. The drug court investigation shall be conducted through a
standardized screenin g test and personal interv iew. 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 pl an which the
offender will be required to follow, if admitted to the program.
Any subsequent assessments or e valuations by the treatment provider,
if the offender is admitted to the program, may be used to determine
modifications needed to the original tr eatment plan. The
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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 le vel;
4. Community and fam ily relations;
5. Prior and current drug and alcohol use;
6. Mental health and medical treatment history , including
substance abuse treatment history;
7. Demonstrable motivation; and
8. Other mitigating or aggravating factors.
C. D. The drug court investigation may be conducted 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 admittanc e to
the program, the supe rvising 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 f or
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. E. The district attorney and the defense attorney for the
offender shall independently re view the findings and reco mmendations
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of the drug court investigation report. For an offender to remain
eligible for consideration in the pro gram, both the district
attorney and the defense attorney must accept the recommended
treatment plan, and shall negotiate the terms of the w ritten plea
agreement with all punishment provisions speci fied before prior to
the scheduled hearing date for de termining final eligibility. 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
provisions of the written plea agreement shall emphasize reparation
to the victim, community, and sta te. If the crime for which the
offender is seeking eligibility to drug court involves a victim,
notification to the vic tim shall be in compliance with subsection A
of Section 34 of Article II of the Oklahom a Constitution and the
Oklahoma Victim's Rights Act, Section 142A et seq. of Title 21 of
the Oklahoma Statutes, and shall include the right to prov ide
victim's impact statements.
E. F. The hearing to determine final eligibility shall be set
not less than three (3) work days nor more than seven (7) work days
from the date of the initial hearing for consideration, unless
extended by the court.
G. The drug court coordinator shall keep a record of all
presumptively eligible offenders who are no t placed in the drug
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court program. The record shall indicate t he reason each offender
was not placed in the program and information about the ulti mate
case disposition for each offender. The recor d shall be made
available to all mem bers of the drug court team.
F. H. 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 court program, a
community provider assigned to monitor 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, Sect ion 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 Section 471.4 of this title to
determine final eligibility by considering:
1. Whether the offender voluntarily consen ts to the program
requirements;
2. Whether to accept the offender b ased 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 agreemen t, and if so,
whether the terms and conditions of the written negotiated plea
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between the district attorney, the defense attorney and the offender
are appropriate and consistent with the penalty pro visions and
conditions of other similar cases;
4. Whether there is an appropriate t reatment program available
to the offender and whether there is a re commended treatment plan;
and
5. Any information relevant 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 admission of any
offender to the program when:
1. The required trea tment plan and plea agreem ent have not been
completed;
2. The program funding or availability of treatment has been
exhausted;
3. The treatment program or drug court team is unwilling to
accept the offender;
4. The offender was ineligible for considerat ion by the nature
of a violent offense at the time of arrest, and the charge has been
modified to does not meet the presumptive eligibility 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 m ay make an objection and
may ask the court to withdraw the p lea 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 o r 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 writ ten
plea agreement, the offender, upon en tering the plea as agreed by
the parties, shall be ordered a nd 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 incl ude:
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 th e penalty to be imposed, if any, in
the event of a successful completion of the treatment program;
provided, however, incarceration shall be prohibi ted 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 offende r 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 docket
and shall proceed as provided for any other crim inal 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 particip ate
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
nor more than one (1) year following the treatmen t portion of the
program. The period of superv ision 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 exte nded period of
supervision. If the court orders that the pe riod 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 appropriatenes s of continued
supervision on a quarterly basis. All partic ipating 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 t he Department of Mental
Health and Substance Abuse Services. 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 p ay court
costs, treatment costs, drug testing costs, a progr am user fee not
to exceed Twenty Dollars ($20.0 0) per month and necessary
supervision fees, unless the offender is indigent. The drug court
judge shall establish a schedule for the payment of cos ts and fees.
The cost for treatment, drug testing and super vision shall be set by
the treatment and superv ision 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 amoun t authorized by this
subsection and payable directly to the 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 a ll other costs and fees
ordered and deposit such costs and f ees 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 Treasur er by the court clerk for deposit in
the Department of Menta l 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 pursuant to this subsection shall not be limited
for purposes of collection to the maximum term of impr isonment 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 thereof .
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 cou rt judge
shall have the discretion to expressly waive all or part of the
costs and fees provided for in thi s 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 fo r the offender.
Offenders who have not fully paid all costs 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 program
participant numbers.
I. Notwithstanding any oth er provision of law, if the driving
privileges of the offender have been suspended, revoked, canceled or
denied by the Department of Public Safety and if t he drug court
judge determines that no ot her means of transportation for the
offender is available, t he 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 not be construed to grant driving
privileges to an off ender 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 examinations, if applicable,
and pay all statutory driver license issuance or ren ewal 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 dru g court
enters a stay against an order by the D epartment of Public Safety
suspending or revoking the driving privileges of an offender, the
time period set in the order by the Department for the s uspension or
revocation shall continue to run during the sta y. 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 w hich the offender
graduates from the drug court program.
SECTION 6. AMENDATORY 22 O.S. 2021, Section 471.8, is
amended to read as follows:
Section 471.8. The drug court program may be utilized as a
disciplinary sanction for a vio lation of a condition of parole
related to substance abuse f or eligible offenses, or in a case where
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the offender has been tried 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 shall 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 assigned where drug court processing appears to be
more appropriate for the offender, may request a revi ew of the case
by the drug court team, or if no team is designated, a review by
both the district attorney and the def ense attorney or offender. If
both the district attorney and the defense attorney or offender
agree, the case may be transferred to the drug court program with
the approval of a designated the 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
revoked 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 process prior to placement
in 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 deve lop a standardized 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 Offic e 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; an d
7. The Oklahoma Department of Vocational and Technical
Education.
B. The Administrative Office of the Courts shall promulgate
rules, procedures, and forms necessary to implement the Oklahoma
Drug Court Act to ensure statewid e uniformity in procedures a nd
forms. The Department of Mental Health and Substance Abu se 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 Oklaho ma Department
of Career and Technology Education, the Depart ment 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 t o the district courts
in implementing drug court programs.
C. All participating agenc ies shall 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 o f this act.
SECTION 8. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
04/06/2022 - DO PASS, As Amended.