Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1548 Compare Versions

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Version 2 (New)

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4		-
5		-	An Act
6		-	ENROLLED SENATE
7		-	BILL NO. 1548 By: Thompson of the Senate
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	28	+	ENGROSSED HOUSE AMENDME NT
	29	+	TO
	30	+	ENGROSSED SENATE BILL NO . 1548 By: Thompson of the Senate
8	31
9	32		and
10	33
11	34		Hilbert of the House
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17		-
18	40		An Act relating to criminal procedure; amending 22
	41	+	O.S. 2021, Sections 471.1, 471.2, 471.3, 471.4,
	42	+	471.6, 471.8, and 471.10, which relate to the
	43	+	Oklahoma Drug Court Act; modifying entity authorize d
	44	+	to establish drug court program; establishing
	45	+	requirements for administ rative contracts for
	46	+	maintaining drug court programs; requiring
	47	+	designation of drug court coordinator; providing for
	48	+	funding for drug court programs; providing for
	49	+	administrative support and oversight of drug court
	50	+	programs; authorizing establishment of ju venile drug
	51	+	courts; modifying participants in drug court team;
	52	+	modifying eligibility requirements for drug court
	53	+	programs; modifying procedu res for review of offender
	54	+	for drug court program; modifying procedures for
	55	+	offender request for consideration for d rug court
	56	+	program; modifying requirements for initial hearing
	57	+	for consideration for drug court program; requiring
	58	+	development of written eli gibility criteria by drug
	59	+	court team; establishing requirements for certain
	60	+	criteria; modifying requirements for dru g court
	61	+	investigation report; requiring notification to
	62	+	victim under certain circumstances; requiring drug
	63	+	court coordinator to maintain rec ord of presumptively
	64	+	eligible offenders not placed in drug court;
	65	+	modifying definition; modifying prohibitions for
	66	+	admission to program; modifying requirements for
	67	+	utilization of programs as disciplinary sanction;
	68	+	modifying authority for implementation of Oklahoma
	69	+	Drug Court Act; updating statutory references; and
	70	+	providing an effective date .
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	100	+	AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
	101	+	and insert:
	102	+
	103	+
	104	+
	105	+
	106	+	"An Act relating to criminal procedure; amending 22
19	107		O.S. 2021, Sections 471.1, 471.2, 471.3, 471.4,
20	108		471.6, 471.8, and 471.10, which relate to the
21	109		Oklahoma Drug Court Act; removing certain drug court
22	110		program restriction; authorizing establishment of
23	111		juvenile drug courts; modifying participants in drug
24	112		court team; modifying eligibility requirements for
25	113		drug court programs; modifying procedu res for review
26	114		of offender for drug court program; modifying
27		-	procedures for offender request for consideration ~~for~~
28		-	drug court program; modifying requirements for
	115	+	procedures for offender request for consideration
	116	+	for drug court program; modifying requirements for
29	117		initial hearing for consideration for drug court
30		-	program; requiring development of written eli gibility
31		-	criteria by drug court team; establishing
32		-	requirements for certain criteria; modifying
33		-	requirements for dru g court investigation report;
34		-	requiring notification to victi m under certain
35		-	circumstances; requiring drug court coordinator to
36		-	maintain record of presumptively eligible offenders
37		-	not placed in drug court; modifying definition;
38		-	modifying prohibitions for a dmission to program;
39		-	modifying requirements for utilization o f programs as
40		-	disciplinary sanction; modifying authority for
41		-	implementation of Oklahoma Drug Court Act; and
42		-	updating statutory references .
43		-
44		-
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48		-
49		-	ENR. S. B. NO. 1548 Page 2
50		-	SUBJECT: Oklahoma Drug Court Act
	118	+	program; requiring development of written
	119	+	eligibility criteria by drug court team;
	120	+	establishing requirements for certain criteria;
	121	+	modifying requirements for dru g court investigation
	122	+	report; requiring notification to victi m under
	123	+	certain circumstances; requiring drug court
	124	+	coordinator to maintain rec ord of presumptively
	125	+	eligible offenders not placed in drug court;
	126	+	modifying definition; modifying prohibitions for
	127	+	admission to program; modifying requirements for
	128	+	utilization of programs as disciplinary sanction;
	129	+	modifying authority for implementation of Oklahoma
	130	+	Drug Court Act; and updating statutory references .
	131	+
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51	133
52	134		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53		-
54	135		SECTION 1. AMENDATORY 22 O.S. 2021 , Section 471.1, is
55	136		amended to read as follows:
56		-
57		-	Section 471.1. A. For purposes of the Oklahoma Drug Cou rt Act,
	137	+	Section 471.1 A. For purposes of the Oklahoma Drug Cou rt Act,
58	138		"drug court", "drug court program" or "program" means an immediate
59	139		and highly structured j udicial intervention process for substance
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60	166		abuse treatment of eligible offenders which expedites the criminal
61	167		case and requires successful completion of the p lea agreement.
62		-
63	168		B. Each district court of this state is authorized to establish
64	169		a drug court program pursuant to the provisions of the Oklahoma Drug
65	170		Court Act, subject to availability of funds. Juvenile drug courts
66	171		may be established based upon the provisions of the Oklahoma Drug
67	172		Court Act; provided, however, juveniles shall not be held, processed
68	173		or treated in any manner which violates any provision of Title 10A
69	174		of the Oklahoma Statutes.
70		-
71	175		C. Drug court programs shall not apply to any violent criminal
72	176		offense. Eligible offenses may further be restricted by the rules
73	177		of the specific drug court program. Nothing in the Oklahoma Drug
74	178		Court Act shall be cons trued to require a drug court to consider
75	179		every offender with a treatable condition or addiction even if the
76	180		controlling offense is eligible fo r consideration in the program.
77	181		Traditional prosecution sh all be required where an offender is
78	182		determined not appropriate for the drug court program. Juvenile
79	183		drug courts may be established based upon the provisions of the
80	184		Oklahoma Drug Court Act; provid ed, however, a juvenile shall not be
81	185		held, processed, or treated in any manner which violates any
82	186		provision of Title 10A of the Oklaho ma Statutes.
83		-
84	187		D. Drug court programs shall require a separate judicial
85	188		processing system dif fering in practice and design from the
86	189		traditional adversarial criminal prosecution and t rial systems.
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87	216		Whenever possible, a drug court team sh all be designated consisting
88	217		of a judge to administer preside over the drug court judicial
89	218		process and hold proceedings where participants are advanced through
90	219		the program, a district attorney, a defense attorney, a drug court
91	220		coordinator, and other persons designated by the drug court team who
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93		-	ENR. S. B. NO. 1548 Page 3
94	221		shall have appropriate understanding of the goals of the program and
95	222		of the appropriate treatment met hods for the various conditions.
96	223		The assignment of any perso n to the drug court team shall not
97	224		preclude the assigned person from performing other duties required
98	225		in the course of their office or employment. The chief judge of t he
99	226		judicial district, or if the district has more than one chief judge
100	227		then the presiding judge of the Administrative Judicial District,
101	228		shall designate one or more judges to administer preside over cases
102	229		assigned to the drug court program. The assignment of any judge to
103	230		a drug court program or the designation of a drug court docket shall
104	231		not mandate the assignment of all substance abuse -related cases to
105	232		the drug court docket or the program; however, nothing in the
106	233		Oklahoma Drug Court Act shall be construed to preclude the
107	234		assignment of all criminal cases relating to substance abuse or drug
108	235		possession as provided by the rules established for the specific
109	236		drug court program. Judicial immunity shall ext end to any duty
110	237		required by law to be performed by a judge of a drug court.
111		-
112	238		E. When a drug court program is established, the arresting
113	239		officer shall file the criminal case record for potentially el igible
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114	266		offenders with the district attorney within four (4 ) days of the
115	267		arrest. The district attorney shall file an information in the case
116	268		within twenty-four (24) hours of receipt of the criminal case record
117	269		when the offender appears eligible for conside ration for the
118	270		program. The information may be amended as necessary when an
119	271		offender is denied admittance into the drug court program or for
120	272		other purposes as provided in Section 304 of this title. Any person
121	273		arrested upon a warrant for his or her arrest shall not be eligible
122	274		for the drug court program without the approval of the district
123	275		attorney. Any criminal case which has been filed and pr ocessed in
124	276		the traditional manner shall be cross-referenced to a drug court
125	277		case file by the court clerk if the c ase is subsequently assigned to
126	278		the drug court program. T he originating criminal case file shall
127	279		remain open to public inspection. The judge shall determine what
128	280		information or pleadings are to be ret ained in the drug court case
129	281		file, which shall be clos ed to public inspection.
130		-
131	282		F. The court may request assista nce from the Department of
132	283		Mental Health and Substance Abuse Services which shall be the
133	284		primary agency to assist in developing and implementing a drug court
134	285		program or from any state or local agenc y in obtaining the necessary
135	286		treatment services which will assure maximum opportunity for
136		-
137		-	ENR. S. B. NO. 1548 Page 4
138	287		successful treatment, education and rehabilitation fo r offenders
139	288		admitted to the program. All participating sta te and local agencies
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140	315		are directed to coordinate with each other and cooperate in
141	316		assisting the district court in establishing a drug court program.
142		-
143	317		G. Each drug court program shall ensure, apply recognized best
144	318		practices including but not be limited to:
145		-
146	319		1. Strong linkage between participating agencies;
147		-
148	320		2. Access by all participating parties of a case to information
149	321		on the progress of the offender;
150		-
151	322		3. Vigilant supervision and monitoring p rocedures;
152		-
153	323		4. Random substance abuse testing;
154		-
155	324		5. Provisions for noncompliance, modification of the treatment
156	325		plan and revocation proceedings;
157		-
158	326		6. Availability of residential treatment facilities and
159	327		outpatient services;
160		-
161	328		7. Payment of court costs, treatm ent costs, supervision fees
162	329		and program user fees by the offender;
163		-
164	330		8. Methods for measuring application of disciplinary sanctions
165	331		including provisions for:
166		-
167	332		a. increased supervision,
168		-
169	333		b. urinalysis testing,
170		-
171	334		c. intensive treatment,
172		-
173	335		d. short-term confinement not to exceed five (5) days,
174		-
175	336		e. recycling the offender into the program after a
176	337		disciplinary action for a minimum violat ion of the
177	338		treatment plan,
178	339
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181	365		f. reinstating the offender into the program after a
182	366		disciplinary action for a major violation of the
183	367		treatment plan, and
184		-
185	368		g. revocation from the program; and
186		-
187	369		9. Methods for measuring performance-based effectiveness of
188	370		each individual treatment provider 's services.
189		-
190	371		H. All drug court programs shall be required to keep reliable
191	372		data on recidivism, relapse, restart s, sanctions imposed and
192	373		incentives given.
193		-
194	374		I. All funds received by a drug court, in its capacity as a
195	375		drug court program, shall be credited to and acc ounted for in the
196	376		county treasurer's office in a special cash fund to be known as the
197	377		"Drug Court Fund". Each drug court fund shall be a continuing fund,
198	378		not subject to fiscal year limitations, and shall be dedicated to
199	379		the operation of the drug court as authorized by law. The
200	380		expenditures of any funds received by a drug court program an d
201	381		deposited with the county treasurer shall be made only upon sworn
202	382		itemized claims approved by the county clerk, filed with the county
203	383		treasurer and paid by cash voucher drawn by the county treasurer
204	384		from the funds.
205		-
206	385		J. Nothing in this section shall prohi bit any county from
207	386		establishing a drug court for misdemeanor offenses. Such
208	387		misdemeanor drug courts shall follow the rules and regulatio ns of
209	388		felony drug courts except t hat the penalty for revocation shall not
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210	415		exceed one (1) year in the county jail or th e maximum penalty for
211	416		the misdemeanor allowed by statute, whichever is less. The
212	417		Department of Mental Health and Substance Abuse Services shall
213	418		provide technical assistan ce to the counties that establish
214	419		misdemeanor drug courts.
215		-
216	420		SECTION 2. AMENDATORY 22 O.S. 2021, Section 471.2, is
217	421		amended to read as follows:
218		-
219		-	Section 471.2. A. The opportunity for review of an offender
220		-	for a drug court program shall occur at any time prior to
221		-	disposition of the case and sentencing of the offender , including
222		-
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224		-	sentencing on a petition to revoke a suspended sentence or any
225		-	probation violation.
226		-
	422	+	Section 471.2 A. The opportunity for review of an offender for
	423	+	a drug court program sh all occur at any time prior to disposition of
	424	+	the case and sentencing of the offender , including sentencing on a
	425	+	petition to revoke a suspended sentence or any probation violation.
227	426		B. When a drug court is established, the following information
228	427		shall be initially reviewed by the sheriff or designee, if the
229	428		offender is held in a county jail, or by t he chief of police or
230	429		designee, if the offender is held in a city jail:
231		-
232	430		1. The offender's arrest or charge does not involve a c rime of
233	431		violence against any perso n, unless there is a specific treatment
234	432		program in the jurisdiction designed to address domest ic violence
235	433		and the offense is related to domestic violence and substance ab use;
236		-
237	434		2. The offender has no prior felony conviction in this state or
238	435		another state for a violent domestic violence offense within the
239	436		last ten (10) years, except as may be allowed in a domestic vio lence
240	437		treatment program authorized by the drug court progr am. It shall be
241	438		sufficient for this paragraph that a criminal history records name
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242	465		search was conducted and indicated no apparent violent domestic
243	466		violence offense. An offender admitted to the drug court program
244	467		for a crime which requires the offender to attend a batterers'
245	468		intervention program certified by the Attorney General 's office
246	469		shall be required to undergo such treatment as a condition of drug
247	470		court;
248		-
249	471		3. 2. The offender's arrest or charge does not invol ve a
250	472		violation of the Trafficking In Illegal Drugs Act;
251		-
252	473		4. 3. The offender has committed a felony offense or a
253	474		misdemeanor offense where a misdemeanor drug court is authorized;
254	475		and
255		-
256	476		5. 4. The offender:
257		-
258	477		a. admits to having a substance abuse addiction,
259		-
260	478		b. appears to have a substance abuse addiction,
261		-
262	479		c. is known to have a substance abuse addiction,
263		-
264	480		d. the arrest or charge is based up on an offense eligible
265	481		for the drug court program, or
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268		-
269	482		e. is a person who has h ad an assessment authorized by
270	483		Section 3-704 of Title 43A of the Oklahoma Statutes or
271	484		drug court investigation and the assessment or
272	485		investigation recommends the drug court progr am.
273		-
274	486		B. C. If it appears to the reviewing officer that the offender
275	487		may be potentially eligible for the drug court program based upon a
276	488		review of the information in subsection A B of this section, the
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277	515		offender shall be given a n eligibility form which may be voluntarily
278	516		completed by the offender, and the reviewing officer shall file the
279	517		criminal case record within the time prescribe d in subsection E of
280	518		Section 471.1 of this title. The offender shall not automatically
281	519		be considered for the program based upon this review. The offender
282	520		must may request consideration for the drug court program a s
283	521		provided in subsection C D of this section and shall have approval
284	522		from the district attorney before being considered for the drug
285	523		court program. The eligibility form shall describe the drug court
286	524		program for which the offender may be eligible , including, but not
287	525		limited to:
288		-
289	526		1. A full description of the drug court process and
290	527		investigation;
291		-
292	528		2. A general explanation of the roles and autho rity of the
293	529		supervising staff, the district attorney, the defense attorney, the
294	530		treatment provider, the offender, and t he judge presiding over the
295	531		cases in the drug court program;
296		-
297	532		3. A clear statement that the drug court judge may decide after
298	533		a hearing not to consider the offender fo r the drug court program
299	534		and in that event the offender will be prosecuted in the traditional
300	535		manner;
301		-
302	536		4. A clear statement that the offender is required, before
303	537		consideration in the program, to enter a guilty plea as part of a
304	538		written plea agreement;
305	539
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306	565		5. A clear statement that the plea agreement will specify the
307	566		offense to which the guilty plea will be entered and wi ll state any
308	567		penalty to be imposed for the offense, both in the event of a
309		-
310		-	ENR. S. B. NO. 1548 Page 8
311	568		successful completion of the drug cou rt program, and in the event o f
312	569		a failure to complete the program;
313		-
314	570		6. A clear statement that the offender must voluntarily agree
315	571		to:
316		-
317	572		a. waive the right to a speedy trial,
318		-
319	573		b. waive the right to a preliminary hearing,
320		-
321	574		c. the terms and conditions of a treatm ent plan, and
322		-
323	575		d. sign a performance contract with the drug court;
324		-
325	576		7. A clear statement that the offender, if accepted into the
326	577		drug court program, m ay not be incarcerated for the offense in a
327	578		state correctional institution or jail upon successful completi on of
328	579		the program;
329		-
330	580		8. A clear statement that during participation in the drug
331	581		court program should the offender fail to comply with the terms of
332	582		the agreement, the offender may be sanctioned to serve a term of
333	583		confinement of six (6) months in an intermedi ate revocation facility
334	584		operated by the Department of Corrections. An offender shall not be
335	585		allowed to serve more than two separate terms of confine ment in an
336	586		intermediate revocation facility;
337		-
338	587		9. A clear statement that during participation in the drug
339	588		court program should the offende r:
340	589
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341	615		a. fail to comply with the terms of the agreements,
342		-
343	616		b. be convicted of a misdemeanor offense which reflects a
344	617		propensity for violence,
345		-
346	618		c. be arrested for a violent felony offense, or
347		-
348	619		d. be convicted of any felony offense,
349		-
350	620		the offender may be required, a fter a court hearing, to be
351	621		revoked from the program and sentenced without trial
352		-
353		-	ENR. S. B. NO. 1548 Page 9
354	622		pursuant to the punishment provisions of the negotiated
355	623		plea agreement; and
356		-
357	624		10. An explanation of the criminal record retention and
358	625		disposition resulting from participation i n the drug court program
359	626		following successful completion of the program.
360		-
361	627		C. D. 1. The offender may request consideration for the drug
362	628		court program as follows:
363		-
364	629		a. if the offender is incarcerated, the offender must
365	630		sign and complete the eligibility form a nd return it
366	631		to the sheriff, if the offender is held in the county
367	632		jail; or to the chief of police, if the offender is
368	633		held in a city jail. The sheriff or chief of police,
369	634		upon receipt of the completed eligibility form, shall
370	635		file the form with the district attorney at the time
371	636		of filing the criminal case record or at any time
372	637		during the period of incarceration when the offender
373	638		completes the form after the criminal case record has
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374	665		been filed drug court coordinator who shall forward
375	666		the form to the district attorney and the judge
376	667		assigned to the offender's case, or
377		-
378	668		b. after release of the offender from incarceration, the
379	669		offender must sign and c omplete the eligibility form
380	670		and file it with the district attorney drug court
381	671		coordinator or the court, prior to or at the time of
382	672		either initial appearance or arraignment. The drug
383	673		court coordinator shall forward the form to the
384	674		district attorney and the judge assigned to the
385	675		offender's case.
386		-
387	676		2. Any offender desiring legal consultatio n prior to signing or
388	677		completing the form for consideration in a drug court program shall
389	678		be referred to the defense attorn ey of the drug court team, or a
390	679		public defender, if the offender is indigent, or allowed to consult
391	680		with private legal counsel.
392		-
393	681		3. Nothing contained in the provisions of this subsection shall
394	682		prohibit the drug court from considering any offender deemed
395	683		eligible for the program at any time prior to sentencing whose case
396		-
397		-	ENR. S. B. NO. 1548 Page 10
398	684		has been prosecuted in the traditional manner, or upon a violation
399	685		of parole or probation conditions relating to substance abuse, upon
400	686		recommendation of the district attorney as provided in Section 471.8
401	687		of this title.
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402	713
403	714		D. E. When an offender has filed a voluntary request to be
404	715		considered for a drug court program on the appropriate form, the
405	716		district attorney shall indicate his or her approval of the request
406	717		by filing the form with the drug court judge. Upon the filing of
407	718		the request form by t he district attorney, an initial hearing shall
408	719		be set before the drug court judg e. The hearing shall be not less
409	720		than three (3) work days nor more than five (5) work days after the
410	721		date of the filing of the request form. Notice of the hearing shall
411	722		be given to the drug court team , or in the event no drug court team
412	723		is designated, to the offender, the district attorney, and to the
413	724		public defender. The offender shall be required to notify any
414	725		private legal counsel of the date and time of the hearing.
415		-
416	726		SECTION 3. AMENDATORY 22 O.S. 2021, Section 471.3, is
417	727		amended to read as follows:
418		-
419		-	Section 471.3. A. At the initial hearing for consideration of
	728	+	Section 471.3 A. At the initial hearing for consideration of
420	729		an offender for a drug court program, the district attorney shall
421	730		determine whether or not:
422		-
423	731		1. The offender has app roval to be considered for the drug
424	732		court program; and
425		-
426	733		2. The offender has been admitted to the program within the
427	734		preceding five (5) years; provided, having been admitted to a dr ug
428	735		court program within the previous f ive (5) years shall not make the
429	736		offender ineligible for consideration; and
430	737
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431	763		3. Any statutory preclusion, other prohibition, or program
432	764		limitation exists and is applicable to considering the offender for
433	765		the program.
434		-
435	766		The district attorney may object to the consideration of an
436	767		offender for the drug court program at the initial hearin g.
437		-
438	768		B. If the offender voluntarily consents to be considered for
439	769		the drug court program, and has signed and filed the required form
440		-
441		-	ENR. S. B. NO. 1548 Page 11
442	770		requesting consideration, and no objection has bee n made by the
443	771		district attorney, the court shall may refer the offender fo r a drug
444	772		court investigation as provided in Section 471.4 of this title, and
445	773		set a date for a hearing to determine final eligibility for
446	774		admittance into the program.
447		-
448	775		C. Upon any objection of the district attorney fo r
449	776		consideration of an offender for the p rogram, the court shall deny
450	777		consideration of the offender's request for participation in the
451	778		drug court program. Upon denial for consideration in the drug court
452	779		program at the initial hearing, the criminal case sha ll proceed in
453	780		the traditional manner. An objection by the district attorney and
454	781		the subsequent A denial of consideration of the offender for the
455	782		program shall not preclude any future consideration of the offender
456	783		for the drug court program with the approval of the district
457	784		attorney.
458		-
459	785		SECTION 4. AMENDATORY 22 O.S. 2021, Section 471.4, is
460	786		amended to read as follows:
461	787
462		-	Section 471.4. A. Each drug court team shall devel op agreed-
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	813	+	Section 471.4 A. Each drug court team shall devel op agreed-
463	814		upon, objective eligibility criteria to determine presumpt ive drug
464	815		court eligibility for offenders. The obj ective criteria shall be in
465	816		writing and communicated to potential referral sources including but
466	817		not limited to judges, law enforcement, defense attorneys,
467	818		prosecutors, treatment professionals, and communi ty supervision
468	819		officers. The criteria shall target high-risk and high-need
469	820		offenders who are addicted to illicit drugs or alcohol and who are
470	821		at a substantial risk for reoffending or failing to complete a less
471	822		intensive case disposition such as standard pr obation or pretrial
472	823		supervision.
473		-
474	824		B. When directed by the drug court judge , district attorney,
475	825		defense attorney, drug court coordinator, treatment provider, or any
476	826		other drug court team member determines that further investigation
477	827		of the offender under con sideration is appropriate, the supervising
478	828		staff for the drug court program shall make an investigation of the
479	829		offender under consideration to determine whether or not the
480	830		offender is a person who:
481		-
482	831		1. Is presumptively eligible for the drug court pr ogram;
483		-
484		-
485		-	ENR. S. B. NO. 1548 Page 12
486	832		2. Would benefit from the drug court program; and
487		-
488	833		2. 3. Is appropriate for the drug court program and there is
489	834		not a more appropriate less restrictive treatment alternative based
490	835		upon the risk and need levels of the offender.
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491	861
492	862		B. C. The drug court investigation shall be conducted through a
493	863		standardized screening test and personal interv iew. A more
494	864		comprehensive assessment may take place at the time the offender
495	865		enters the treatment portion of the program and may take place at
496	866		any time after placement in the drug court program. The
497	867		investigation shall deter mine the original treatment pl an which the
498	868		offender will be required to follow, if admitted to the program.
499	869		Any subsequent assessments or e valuations by the treatment provider,
500	870		if the offender is admitted to the program, may be used to determine
501	871		modifications needed to the original tr eatment plan. The
502	872		investigation shall include, but not be limited to, the following
503	873		information:
504		-
505	874		1. The person's age and physical condition;
506		-
507	875		2. Employment and military service records;
508		-
509	876		3. Educational background and literac y level;
510		-
511	877		4. Community and fam ily relations;
512		-
513	878		5. Prior and current drug and alcohol use;
514		-
515	879		6. Mental health and medical treatment history , including
516	880		substance abuse treatment history;
517		-
518	881		7. Demonstrable motivation; and
519		-
520	882		8. Other mitigating or aggravating fact ors.
521		-
522	883		C. D. The drug court investigation may be conducted before or
523	884		after the initial hearing for consideration but shall occur before
524	885		the hearing for final determination of eligibility for the drug
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525	912		court program. When an offender is appropriate for admit tance to
526	913		the program, the supe rvising staff shall make a recommendation for
527	914		the treatment program or programs that are available in the
528		-
529		-	ENR. S. B. NO. 1548 Page 13
530	915		jurisdiction and which would benefit the offender and accept the
531	916		offender. The investigation findings and recommendatio ns for
532	917		program placement shall be reported to the drug court judge, the
533	918		district attorney, the offender, and the defense attorney prior to
534	919		the next scheduled hearing.
535		-
536	920		D. E. The district attorney and the defense attorney for the
537	921		offender shall independentl y review the findings and reco mmendations
538	922		of the drug court investigation report. For an offender to remain
539	923		eligible for consideration in the pro gram, both the district
540	924		attorney and the defense attorney must accept the recommended
541	925		treatment plan, and shall negotiate the terms of the w ritten plea
542	926		agreement with all punishment provisions speci fied before prior to
543	927		the scheduled hearing date for de termining final eligibility. Upon
544	928		failure of the district attorney and defense attorney to negotiate
545	929		the written plea agreement, the judge presiding over the case may
546	930		order the criminal case shall to be withdrawn from th e drug court
547	931		program and processed in the traditional manner. The punishment
548	932		provisions of the written plea agreement shall emphasize reparation
549	933		to the victim, community, and sta te. If the crime for which the
550	934		offender is seeking eligibility to drug court involves a victim,
551	935		notification to the vic tim shall be in compliance with subsection A
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	961	+
552	962		of Section 34 of Article II of the Oklahom a Constitution and the
553	963		Oklahoma Victim's Rights Act, Section 142A et seq. of Title 21 of
554	964		the Oklahoma Statutes, and shall include the right to prov ide
555	965		victim's impact statements.
556		-
557	966		E. F. The hearing to determine final elig ibility shall be set
558	967		not less than three (3) work days nor more than seven (7) work days
559	968		from the date of the initial hearing for consideration, unless
560	969		extended by the court.
561		-
562	970		G. The drug court coordinator shall keep a record of all
563	971		presumptively eligible offenders who are not placed in the drug
564	972		court program. The record shall indicate t he reason each offender
565	973		was not placed in the program and information about the ulti mate
566	974		case disposition for each offender. The recor d shall be made
567	975		available to all mem bers of the drug court team.
568		-
569	976		F. H. For purposes of this act Section 471 et seq. of this
570	977		title, "supervising staff" means a Department of Corrections
571	978		employee assigned to monitor of fenders in the drug court program, a
572		-
573		-	ENR. S. B. NO. 1548 Page 14
574	979		community provider assigned to monitor offenders in the program, a
575	980		state or local agency, county, or municipal governmental
576	981		representative or, a certified treatment provider participating in
577	982		the program, or a CLEET-certified person designated by the judge
578	983		drug court program to perform drug court investigations.
579		-
580	984		SECTION 5. AMENDATORY 22 O.S. 2021, Sect ion 471.6, is
581	985		amended to read as follows:
582	986
583		-	Section 471.6. A. The drug court judge shall conduct a hearing
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	1012	+	Section 471.6 A. The drug court judge shall conduct a hearing
584	1013		as required by subsection E F of Section 471.4 of this title to
585	1014		determine final eligibility by considering:
586		-
587	1015		1. Whether the offender voluntarily consen ts to the program
588	1016		requirements;
589		-
590	1017		2. Whether to accept the offender b ased upon the findings and
591	1018		recommendations of the drug court investigation authorized by
592	1019		Section 471.4 of this title;
593		-
594	1020		3. Whether there is a written plea agr eement, and if so,
595	1021		whether the terms and conditions of the written negotiated plea
596	1022		between the district attorney, the defense attorney and the offender
597	1023		are appropriate and consistent with the penalty pro visions and
598	1024		conditions of other similar cases;
599		-
600	1025		4. Whether there is an appropriate t reatment program available
601	1026		to the offender and whether there is a re commended treatment plan;
602	1027		and
603		-
604	1028		5. Any information relevant to determining eligibility;
605	1029		provided, however, an offender shall not be denied admittance to any
606	1030		drug court program based upon an inability to pay court costs or
607	1031		other costs or fees.
608		-
609	1032		B. At the hearing to determine final eligibility for the drug
610	1033		court program, the judge shall not grant any admission of any
611	1034		offender to the program when:
612	1035
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613	1061		1. The required treatment plan and plea agreem ent have not been
614	1062		completed;
615		-
616		-
617		-	ENR. S. B. NO. 1548 Page 15
618	1063		2. The program funding or availability of treatment has been
619	1064		exhausted;
620		-
621	1065		3. The treatment program or drug court team is unwilling to
622	1066		accept the offender;
623		-
624	1067		4. The offender was ineligible for consideration by the nature
625	1068		of a violent offense at the time of arrest, and the charge has been
626	1069		modified to does not meet the presumptive eligibility criteria of
627	1070		the program; or
628		-
629	1071		5. The offender is inappropriate for admission to the program,
630	1072		in the discretion of the judge.
631		-
632	1073		C. At the final eligibility hearing, if evidence is presented
633	1074		that was not discovered by the drug court investigation, the
634	1075		district attorney or the defense attorney m ay make an objection and
635	1076		may ask the court to withdraw the p lea agreement previously
636	1077		negotiated. The court shall determine whether to proceed and
637	1078		overrule the objection, to sustain the objection and transfer the
638	1079		case for traditional criminal prosecution o r to require further
639	1080		negotiations of the plea or punishment provisions. The decision of
640	1081		the judge for or against eligibility and admission shall be final.
641		-
642	1082		D. When the court accepts the treatment plan with the writ ten
643	1083		plea agreement, the offender, upon en tering the plea as agreed by
644	1084		the parties, shall be ordered a nd escorted immediately into the
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645	1111		program. The offender must have voluntarily signed the necessary
646	1112		court documents before the offender may be admitted to t reatment.
647	1113		The court documents shall incl ude:
648		-
649	1114		1. Waiver of the offender's rights to speedy trial;
650		-
651	1115		2. A written plea agreement which sets forth the offense
652	1116		charged, the penalty to be imposed for the offense in the event of a
653	1117		breach of the agreement and th e penalty to be imposed, if any, in
654	1118		the event of a successful completion of the treatment program;
655	1119		provided, however, incarceration shall be prohibi ted when the
656	1120		offender completes the treatment program;
657		-
658	1121		3. A written treatment plan which is subject to modi fication at
659	1122		any time during the program; and
660		-
661		-	ENR. S. B. NO. 1548 Page 16
662		-
663	1123		4. A written performance contract requiring the offende r to
664	1124		enter the treatment program as directed by the court and participate
665	1125		until completion, withdrawal or removal by the court.
666		-
667	1126		E. If admission into the d rug court program is denied, the
668	1127		criminal case shall be returned to the traditional criminal docket
669	1128		and shall proceed as provided for any other crim inal case.
670		-
671	1129		F. At the time an offender is admitted to the drug court
672	1130		program, any bail or undertaking on beh alf of the offender shall be
673	1131		exonerated.
674		-
675	1132		G. The period of time during which an offender may particip ate
676	1133		in the active treatment portion of the drug court program shall be
677	1134		not less than six (6) months nor more than twenty -four (24) months
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678	1161		and may include a period of supervision not less than six (6) months
679	1162		nor more than one (1) year following the treatmen t portion of the
680	1163		program. The period of superv ision may be extended by order of the
681	1164		court for not more than six (6) months. No treatment dollars shall
682	1165		be expended on the offender during the exte nded period of
683	1166		supervision. If the court orders that the pe riod of supervision
684	1167		shall be extended, the drug court judge, district attorney, the
685	1168		attorney for the offender and the supervising staff for the drug
686	1169		court program shall evaluate the appropriatenes s of continued
687	1170		supervision on a quarterly basis. All partic ipating treatment
688	1171		providers shall be certified by the Department of Mental Health and
689	1172		Substance Abuse Services and shall be selected and evaluated for
690	1173		performance-based effectiveness annually by t he Department of Mental
691	1174		Health and Substance Abuse Services. Treatment programs shall be
692	1175		designed to be completed within twelve (12) months and shall have
693	1176		relapse prevention and evaluation components.
694		-
695	1177		H. The drug court judge shall order the offender to p ay court
696	1178		costs, treatment costs, drug testing costs, a progr am user fee not
697	1179		to exceed Twenty Dollars ($20.0 0) per month and necessary
698	1180		supervision fees, unless the offender is indigent. The drug court
699	1181		judge shall establish a schedule for the payment of cos ts and fees.
700	1182		The cost for treatment, drug testing and super vision shall be set by
701	1183		the treatment and superv ision providers respectively and made part
702	1184		of the court's order for payment. User fees shall be set by the
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703	1211		drug court judge within the maximum amoun t authorized by this
704		-
705		-	ENR. S. B. NO. 1548 Page 17
706	1212		subsection and payable directly to the court clerk for the benefit
707	1213		and administration of the drug court program. Treatment, drug
708	1214		testing and supervision costs shall be paid to the respective
709	1215		providers. The court clerk shall collect a ll other costs and fees
710	1216		ordered and deposit such costs and f ees with the county treasurer in
711	1217		a drug court fund created and administered pursuant to subsection I
712	1218		of Section 471.1 of this title. The remaining user fe es shall be
713	1219		remitted to the State Treasur er by the court clerk for deposit in
714	1220		the Department of Menta l Health and Substance Abuse Services' Drug
715	1221		Abuse Education and Treatment Revolving Fund established pursuant to
716	1222		Section 2-503.2 of Title 63 of the Oklahom a Statutes. Court orders
717	1223		for costs and fees pursuant to this subsection shall not be limited
718	1224		for purposes of collection to the maximum term of impr isonment for
719	1225		which the offender could have been imprisoned for the offense, nor
720	1226		shall any court order for co sts and fees be limited by any term of
721	1227		probation, parole, supervision, treatment or extension thereof .
722	1228		Court orders for costs and fees shall remain an obligation of the
723	1229		offender until fully paid; provided, however, once the offender has
724	1230		successfully completed the drug court program, the drug cou rt judge
725	1231		shall have the discretion to expressly waive all or part of the
726	1232		costs and fees provided for in thi s subsection if, in the opinion of
727	1233		the drug court judge, continued payment of the costs and fees by the
728	1234		offender would create a financial hardship fo r the offender.
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729	1261		Offenders who have not fully paid all costs and fees pursuant to
730	1262		court order but who have otherwise successfully completed the drug
731	1263		court program shall not be counted as an active drug court
732	1264		participant for purposes of drug court contracts or program
733	1265		participant numbers.
734		-
735	1266		I. Notwithstanding any oth er provision of law, if the driving
736	1267		privileges of the offender have been suspended, revoked, canceled or
737	1268		denied by the Department of Public Safety and if t he drug court
738	1269		judge determines that no ot her means of transportation for the
739	1270		offender is available, t he drug court judge may enter a written
740	1271		order requiring the Department of Public Safety to stay any and all
741	1272		such actions against the Class D driving privil eges of the offender;
742	1273		provided, the stay shall not be construed to grant driving
743	1274		privileges to an off ender who has not been issued a driver license
744	1275		by the Department or whose Oklahoma driver license has expired, in
745	1276		which case the offender shall be required to apply for and be found
746	1277		eligible for a driver license, pass all examinations, if applicable,
747	1278		and pay all statutory driver license issuance or ren ewal fees. The
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750	1279		offender shall provide proof of insurance to the drug court judge
751	1280		prior to the judge orderin g a stay of any driver license suspension ,
752	1281		revocation, cancellation or denial. When a judge of a dru g court
753	1282		enters a stay against an order by the D epartment of Public Safety
754	1283		suspending or revoking the driving privileges of an offender, the
755	1284		time period set in the order by the Department for the s uspension or
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756	1311		revocation shall continue to run during the sta y. When an offender
757	1312		has successfully completed the drug court program, the drug court
758	1313		judge shall maintain jurisdiction over the offender 's driving
759	1314		privileges for one (1) year after the date on w hich the offender
760	1315		graduates from the drug court program.
761		-
762	1316		SECTION 6. AMENDATORY 22 O.S. 2021, Section 471.8, is
763	1317		amended to read as follows:
764		-
765		-	Section 471.8. The drug court program may be utilized as a
	1318	+	Section 471.8 The drug court program may be utilized as a
766	1319		disciplinary sanction for a vio lation of a condition of parole
767	1320		related to substance abuse f or eligible offenses, or in a case where
768	1321		the offender has been tried for an eligible offense in the
769	1322		traditional manner, given either a deferred or suspended sen tence,
770	1323		and has violated a condition of the sentence. The judge shall not
771	1324		order an offender into treatment within the scope of any drug court
772	1325		program without prior approval from the designated drug court team,
773	1326		or the district attorney if no team is designa ted. Any judge having
774	1327		a criminal case assigned where drug court processing appears to be
775	1328		more appropriate for the offender, may request a revi ew of the case
776	1329		by the drug court team, or if no team is designated, a review by
777	1330		both the district attorney and the def ense attorney or offender. If
778	1331		both the district attorney and the defense attorney or offender
779	1332		agree, the case may be transferred to the drug court program with
780	1333		the approval of a designated the presiding drug court judge. After
781	1334		a case has been transferred to the drug court docket, it shall
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782	1361		continue with the designated drug court judge until the offender is
783	1362		revoked or released from the program. The offenders whose cases
784	1363		have been transferred from a traditional criminal case docket to the
785	1364		drug court docket shall be required to have a drug court
786	1365		investigation and complete the drug court process prior to placement
787	1366		in any treatment program authorized by this act Section 471 et seq.
788	1367		of this title.
789		-
790	1368		SECTION 7. AMENDATORY 22 O.S. 2021, Sectio n 471.10, is
791	1369		amended to read as follows:
792		-
793		-	ENR. S. B. NO. 1548 Page 19
794		-
795		-	Section 471.10. A. For purposes of this act, the following
	1370	+	Section 471.10 A. For purposes of this act, the following
796	1371		state agencies shall jointly deve lop a standardized testing
797	1372		instrument with an appropriate scoring device for use by a ll the
798	1373		district courts in this state in implementing the Oklahoma Drug
799	1374		Court Act:
800		-
801	1375		1. The Department of Corrections;
802		-
803	1376		2. The Administrative Of fice of the Courts;
804		-
805	1377		3. The Department of Mental Health and Substance Abuse
806	1378		Services;
807		-
808	1379		4. The State Department of Health;
809		-
810	1380		5. The State Department of Education;
811		-
812	1381		6. The Office of Juvenile Affairs; an d
813		-
814	1382		7. The Oklahoma Department of Vocational and Technical
815	1383		Education.
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816	1409
817	1410		B. The Administrative Office of the Courts shall promulgate
818	1411		rules, procedures, and forms necessary to implement the Oklahoma
819	1412		Drug Court Act to ensure statewid e uniformity in procedures a nd
820	1413		forms. The Department of Mental Health and Substance Abuse Services
821	1414		is directed to develop a training and implementation manual for drug
822	1415		court programs with the assist ance of the State Department of
823	1416		Health, the State Departm ent of Education, the Oklaho ma Department
824	1417		of Career and Technology Education, the Dep artment of Corrections,
825	1418		the Office of Juvenile Affairs, and the Administrative Office of the
826	1419		Courts. The Departme nt of Mental Health and Substance Abuse
827	1420		Services shall provide technical assistance t o the district courts
828	1421		in implementing drug court programs .
829		-
	1422	+	C. All participating agenc ies shall promulgate rules as
	1423	+	necessary to comply with the provisions of this act Section 471 et
	1424	+	seq. of this title. Each district court shall establish rules for
	1425	+	their jurisdiction upon implementation of a drug court program,
	1426	+	pursuant to the provisions o f this act."
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	1453	+	Passed the House of Representatives the 28th day of April, 2022.
	1454	+
	1455	+
	1456	+
	1457	+
	1458	+
	1459	+	Presiding Officer of the House of
	1460	+	Representatives
	1461	+
	1462	+
	1463	+	Passed the Senate the ____ day of _______ ___, 2022.
	1464	+
	1465	+
	1466	+
	1467	+
	1468	+
	1469	+	Presiding Officer of the Senate
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	1496	+	ENGROSSED SENATE
	1497	+	BILL NO. 1548 By: Thompson of the Senate
	1498	+
	1499	+	and
	1500	+
	1501	+	Hilbert of the House
	1502	+
	1503	+
	1504	+
	1505	+
	1506	+	An Act relating to criminal procedure; amending 22
	1507	+	O.S. 2021, Sections 471.1, 471.2, 471.3, 471.4,
	1508	+	471.6, 471.8, and 471.10, which relate to the
	1509	+	Oklahoma Drug Court Act; modifying entity authorized
	1510	+	to establish drug court program; establishing
	1511	+	requirements for administ rative contracts for
	1512	+	maintaining drug court programs; requiring
	1513	+	designation of drug court coordinator; providing for
	1514	+	funding for drug court programs; providing for
	1515	+	administrative support and oversight of drug court
	1516	+	programs; authorizing establishment of ju venile drug
	1517	+	courts; modifying participants in drug court team;
	1518	+	modifying eligibility requirements for drug court
	1519	+	programs; modifying procedu res for review of offender
	1520	+	for drug court program; modifying procedures for
	1521	+	offender request for consideration for d rug court
	1522	+	program; modifying requirements for initial hearing
	1523	+	for consideration for drug court program; requiring
	1524	+	development of written eli gibility criteria by drug
	1525	+	court team; establishing requirements for certain
	1526	+	criteria; modifying requirements for dru g court
	1527	+	investigation report; requiring notification to
	1528	+	victim under certain circumstances; requiring drug
	1529	+	court coordinator to maintain rec ord of presumptively
	1530	+	eligible offenders not placed in drug court;
	1531	+	modifying definition; modifying prohibitions for
	1532	+	admission to program; modifying requirements for
	1533	+	utilization of programs as disciplinary sanction;
	1534	+	modifying authority for implementation of Oklahoma
	1535	+	Drug Court Act; updating statutory references; and
	1536	+	providing an effective date .
	1537	+
	1538	+
	1539	+
	1540	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	1541	+
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	1566	+
	1567	+	SECTION 8. AMENDATORY 22 O.S. 2021, Section 471.1, is
	1568	+	amended to read as follows:
	1569	+	Section 471.1. A. For purposes of the Oklahoma Drug Cou rt Act,
	1570	+	"drug court", "drug court program" or "program" means an immediate
	1571	+	and highly structured judicial intervention process for substance
	1572	+	abuse treatment of elig ible offenders which expedites the criminal
	1573	+	case and requires successful completion of the p lea agreement.
	1574	+	B. Each district court county of this state is authorized to
	1575	+	establish a drug court program pursuant to the provisions of the
	1576	+	Oklahoma Drug Court Act, subj ect to availability of funds. Juvenile
	1577	+	drug courts may be established based upon the provisions of the
	1578	+	Oklahoma Drug Court Act; provided, however, juveniles shall not be
	1579	+	held, processed or treated in any manner which violates any
	1580	+	provision of Title 10A of the Oklahoma Statutes
	1581	+	1. In each county with a drug court program, t he board of
	1582	+	county commissioners shall enter into an administrative contract
	1583	+	with the Department of Mental Health and Substance Abuse Services
	1584	+	(DMHSAS) for establishing and maintaining the dru g court program.
	1585	+	2. For drug court programs that encompass more than one county,
	1586	+	a single administrative contract may be executed by the board of
	1587	+	county commissioners in the county receiving payment, which shall be
	1588	+	designated as the primary county for the program.
	1589	+	3. Upon signing the contract, the board of county commissioners
	1590	+	shall designate the drug court coordinator. The county may identify
	1591	+
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	1617	+	the program coordinator as a county employee or enter into a
	1618	+	subcontract with a court services subcontractor to provide the
	1619	+	coordinator position. If additional staff positio ns are necessary
	1620	+	to support the program, the county may identify additional county
	1621	+	employee positions to serve as drug court staff, subcontract with
	1622	+	its court services subcontractor to provide one or more drug court
	1623	+	program staff, or use a combination of county employees and staff
	1624	+	provided through the subcontractor. Nothing in this paragraph shall
	1625	+	be construed to prohibit personnel from other private entities or
	1626	+	state agencies from serving as dr ug court support staff as approved
	1627	+	by the board of county commissioners. All staff shall be under the
	1628	+	supervision of the drug court coordinator when performing duties
	1629	+	related to the drug court program .
	1630	+	4. The county shall receive and allocate the funds f rom DMHSAS,
	1631	+	as set forth in the administrative contract, fo r the operation and
	1632	+	staffing of the drug court program. The county or its court
	1633	+	services subcontracto r, where applicable, shall be responsible for
	1634	+	overhead and expenses associated with operatin g a drug court program
	1635	+	including risk management and liability insurance, staff salaries
	1636	+	and benefits, computer equipment, and compliance officer staffing .
	1637	+	5. The county, or the county 's designated court services
	1638	+	subcontractor, shall provide administrative s upport and oversight
	1639	+	for the drug court program and the drug court program staff. Such
	1640	+	administrative support and oversight shall include:
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	1667	+	a. employing and supervising the drug court coordinator
	1668	+	and any other staff who are assigned to support the
	1669	+	drug court program, and
	1670	+	b. communicating with DMHSAS as required by the
	1671	+	administrative contra ct, to monitor the performance
	1672	+	and success of the drug court program based upon
	1673	+	established formulas, case load statistics, and
	1674	+	performance metrics.
	1675	+	C. Drug court programs shall not apply to any violent criminal
	1676	+	offense. Eligible offenses may further be restricted by the rules
	1677	+	of the specific drug court program. Nothing in the Oklahoma Drug
	1678	+	Court Act shall be construed to req uire a drug court to consider
	1679	+	every offender with a treatable condition or addiction even if the
	1680	+	controlling offense is eligible fo r consideration in the program.
	1681	+	Traditional prosecution shall be required where an offender is
	1682	+	determined not appropriate fo r the drug court program. Juvenile
	1683	+	drug courts may be established based upon the provisions of the
	1684	+	Oklahoma Drug Court Act; provid ed, however, a juvenile shall not be
	1685	+	held, processed, or treated in any manner which violates any
	1686	+	provision of Title 10A of the Oklaho ma Statutes.
	1687	+	D. Drug court programs shall require a separate judicial
	1688	+	processing system dif fering in practice and design from the
	1689	+	traditional adversarial criminal prosecution and trial systems.
	1690	+	Whenever possible, a drug court team shall be d esignated consisting
	1691	+
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	1717	+	of a judge to administer preside over the drug court judicial
	1718	+	process and hold proceedings where participants are advanced through
	1719	+	the program, a district attorney, a defense attorney, a drug court
	1720	+	coordinator, and other persons designated by the drug court team who
	1721	+	shall have appropriate understanding of the goals of the program and
	1722	+	of the appropriate treatment met hods for the various conditions.
	1723	+	The assignment of any person to the drug court tea m shall not
	1724	+	preclude the assigned person from performing other duties required
	1725	+	in the course of their office or employment. The chief judge of t he
	1726	+	judicial district, or if the district has more than one chief judge
	1727	+	then the presiding judge of the Administ rative Judicial District,
	1728	+	shall designate one or more judges to administer preside over cases
	1729	+	assigned to the drug court program. The assignment of any judge to
	1730	+	a drug court program or the designation of a drug court docket shall
	1731	+	not mandate the assignment of all substance abuse -related cases to
	1732	+	the drug court docket or the program; however, nothing in the
	1733	+	Oklahoma Drug Court Act shall be construed to preclude the
	1734	+	assignment of all criminal cases relating to substance abuse or drug
	1735	+	possession as provided by the rules established for the specific
	1736	+	drug court program. Judicial immunity shall ext end to any duty
	1737	+	required by law to be performed by a judge of a drug court.
	1738	+	E. When a drug court program is established, the arresting
	1739	+	officer shall file the criminal case record for potentially el igible
	1740	+	offenders with the district attorney within four (4 ) days of the
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	1767	+	arrest. The district attorney shall file an information in the case
	1768	+	within twenty-four (24) hours of receipt of the criminal case record
	1769	+	when the offender appears eligible for conside ration for the
	1770	+	program. The information may be amended as necessary when an
	1771	+	offender is denied admittance into the drug court program or for
	1772	+	other purposes as provided in Section 304 of this title. Any person
	1773	+	arrested upon a warrant for his or her arrest shall not be eligible
	1774	+	for the drug court program without the approval of the district
	1775	+	attorney. Any criminal case which has been filed and pr ocessed in
	1776	+	the traditional manner shall be cross-referenced to a drug court
	1777	+	case file by the court clerk if the c ase is subsequently assigned to
	1778	+	the drug court program. T he originating criminal case file shall
	1779	+	remain open to public inspection. The judge shall determine what
	1780	+	information or pleadings are to be retained in the drug court case
	1781	+	file, which shall be clos ed to public inspection.
	1782	+	F. The court may request assista nce from the Department of
	1783	+	Mental Health and Substance Abuse Services which shall be the
	1784	+	primary agency to assist in developing and implementing a drug court
	1785	+	program or from any state or local agenc y in obtaining the necessary
	1786	+	treatment services which will assure maximum opportunity for
	1787	+	successful treatment, education and rehabilitation fo r offenders
	1788	+	admitted to the program. All participating state and local agencies
	1789	+	are directed to coordinate with each other and cooperate in
	1790	+
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	1816	+	assisting the district court county in establishing a drug court
	1817	+	program.
	1818	+	G. Each drug court program shall ensure, apply recognized best
	1819	+	practices including but not be limited to:
	1820	+	1. Strong linkage between participating agencies;
	1821	+	2. Access by all participating parties of a case to information
	1822	+	on the progress of the offender;
	1823	+	3. Vigilant supervision and monitoring p rocedures;
	1824	+	4. Random substance abuse testing;
	1825	+	5. Provisions for noncomplianc e, modification of the treatment
	1826	+	plan and revocation proceedings;
	1827	+	6. Availability of residential treatment facilities and
	1828	+	outpatient services;
	1829	+	7. Payment of court costs, treatm ent costs, supervision fees
	1830	+	and program user fees by the offender;
	1831	+	8. Methods for measuring application of disciplinary sanctions
	1832	+	including provisions for:
	1833	+	a. increased supervision,
	1834	+	b. urinalysis testing,
	1835	+	c. intensive treatment,
	1836	+	d. short-term confinement not to exceed five (5) days,
	1837	+	e. recycling the offender into the program after a
	1838	+	disciplinary action for a minimum violation of the
	1839	+	treatment plan,
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	1866	+	f. reinstating the offender into the program after a
	1867	+	disciplinary action for a major violation of the
	1868	+	treatment plan, and
	1869	+	g. revocation from the program; and
	1870	+	9. Methods for measuring per formance-based effectiveness of
	1871	+	each individual treatment provider 's services.
	1872	+	H. All drug court programs shall be required to keep reliable
	1873	+	data on recidivism, relapse, restart s, sanctions imposed and
	1874	+	incentives given.
	1875	+	I. All funds received by a drug court, in its capacity as a the
	1876	+	county for the drug court program, shall be credited to and
	1877	+	accounted for in the county treasurer's office in a special cash
	1878	+	fund to be known as the "Drug Court Fund". Each drug court fund
	1879	+	shall be a continuing fund, not subj ect to fiscal year limitati ons,
	1880	+	and shall be dedicated to the operation of the drug court as
	1881	+	authorized by law. The expenditures of any funds received by a drug
	1882	+	court program and deposited with the county treasurer shall be made
	1883	+	only upon sworn itemized c laims approved by the count y clerk, filed
	1884	+	with the county treasurer and paid by cash voucher drawn by the
	1885	+	county treasurer from the funds.
	1886	+	J. Nothing in this section shall prohi bit any county from
	1887	+	establishing a drug court for misdemeanor offenses. Such
	1888	+	misdemeanor drug courts sha ll follow the rules and regulations of
	1889	+	felony drug courts except t hat the penalty for revocation shall not
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	1916	+	exceed one (1) year in the county jail or th e maximum penalty for
	1917	+	the misdemeanor allowed by statute, whichever is less. The
	1918	+	Department of Mental He alth and Substance Abuse Services shall
	1919	+	provide technical assistan ce to the counties that establish
	1920	+	misdemeanor drug courts.
	1921	+	SECTION 9. AMENDATORY 22 O.S. 2021, Section 471.2, is
	1922	+	amended to read as follows:
	1923	+	Section 471.2. A. The opportunity for review of an offender
	1924	+	for a drug court program sh all occur at any time prior to
	1925	+	disposition of the case and sentencing of the offender , including
	1926	+	sentencing on a petition to revoke a suspended sentence or any
	1927	+	probation violation.
	1928	+	B. When a drug court is established, the following information
	1929	+	shall be initially reviewed by the sheriff or designee, if the
	1930	+	offender is held in a county jail, or by t he chief of police or
	1931	+	designee, if the offender is held in a city jail:
	1932	+	1. The offender's arrest or charge does not involve a c rime of
	1933	+	violence against any perso n, unless there is a specific treatment
	1934	+	program in the jurisdiction designed to address domest ic violence
	1935	+	and the offense is related to domestic violence and substance abuse;
	1936	+	2. The offender has no prior felony conviction in this state or
	1937	+	another state for a violent domestic violence offense within the
	1938	+	last ten (10) years, except as may be allowed in a domestic vio lence
	1939	+	treatment program authorized by the drug court program. It shall be
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	1966	+	sufficient for this paragraph that a criminal history records name
	1967	+	search was conducted and indicated no apparent violent domestic
	1968	+	violence offense. An offender admitted to the drug court program
	1969	+	for a crime which requires the offender to attend a batter ers'
	1970	+	intervention program certified by the Attorney General 's office
	1971	+	shall be required to undergo such treatment as a condition of drug
	1972	+	court;
	1973	+	3. 2. The offender's arrest or charge does not invol ve a
	1974	+	violation of the Trafficking In Illegal Drugs Act;
	1975	+	4. 3. The offender has committed a felony offense or a
	1976	+	misdemeanor offense where a misdemeanor drug court is authorized;
	1977	+	and
	1978	+	5. 4. The offender:
	1979	+	a. admits to having a substance abuse addiction,
	1980	+	b. appears to have a substance abuse addiction,
	1981	+	c. is known to have a substance abuse addiction,
	1982	+	d. the arrest or charge is based up on an offense eligible
	1983	+	for the drug court program, or
	1984	+	e. is a person who has h ad an assessment authorized by
	1985	+	Section 3-704 of Title 43A of the Oklahoma Statutes or
	1986	+	drug court investigation and the assessment or
	1987	+	investigation recommends the drug court progr am.
	1988	+	B. C. If it appears to the reviewing officer that the offender
	1989	+	may be potentially eligible for the drug court program based upon a
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	2016	+	review of the information in subsection A B of this section, the
	2017	+	offender shall be given an eligibility form which may be voluntarily
	2018	+	completed by the offender, and the reviewing officer shall file the
	2019	+	criminal case record within the time prescribe d in subsection E of
	2020	+	Section 471.1 of this title. The offender shall not automatically
	2021	+	be considered for the program based upon this review. The offender
	2022	+	must may request consideration for the drug court program a s
	2023	+	provided in subsection C D of this section and shall have approval
	2024	+	from the district attorney before being considered for the drug
	2025	+	court program. The eligibility form shall describe the drug court
	2026	+	program for which the offender may be eligible , including, but not
	2027	+	limited to:
	2028	+	1. A full description of the drug court process and
	2029	+	investigation;
	2030	+	2. A general explanation of the roles and authority of the
	2031	+	supervising staff, the district attorney, the defense attorney, the
	2032	+	treatment provider, the offender, and t he judge presiding over the
	2033	+	cases in the drug court program;
	2034	+	3. A clear statement that the drug court judge may decide after
	2035	+	a hearing not to consider the offender fo r the drug court program
	2036	+	and in that event the offender will be prosecuted in the traditional
	2037	+	manner;
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	2064	+	4. A clear statement that the offender is required, before
	2065	+	consideration in the program, to enter a guilty plea as part of a
	2066	+	written plea agreement;
	2067	+	5. A clear statement that the plea agreement will specify the
	2068	+	offense to which the guilty plea will be entered and wi ll state any
	2069	+	penalty to be imposed for the offense, both in the event of a
	2070	+	successful completion of the drug court program, and in the event o f
	2071	+	a failure to complete the program;
	2072	+	6. A clear statement that the offender must voluntarily agree
	2073	+	to:
	2074	+	a. waive the right to a speedy trial,
	2075	+	b. waive the right to a preliminary hearing,
	2076	+	c. the terms and conditions of a treatment plan, and
	2077	+	d. sign a performance contract with the drug court;
	2078	+	7. A clear statement that the offender, if accepted into the
	2079	+	drug court program, m ay not be incarcerated for the offense in a
	2080	+	state correctional institution or jail upon successful completion of
	2081	+	the program;
	2082	+	8. A clear statement that during participation in the drug
	2083	+	court program should the offender fail to comply with the terms of
	2084	+	the agreement, the offender may be sanctioned to serve a term of
	2085	+	confinement of six (6) months in an intermediate revocation facility
	2086	+	operated by the Department of Corrections. An offender shall not be
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	2113	+	allowed to serve more than two separate terms of confine ment in an
	2114	+	intermediate revocation facility;
	2115	+	9. A clear statement that during participation in the drug
	2116	+	court program should the offende r:
	2117	+	a. fail to comply with the terms of the agreements,
	2118	+	b. be convicted of a misdemeanor offense which reflects a
	2119	+	propensity for violence,
	2120	+	c. be arrested for a violent felony offense, or
	2121	+	d. be convicted of any felony offense,
	2122	+	the offender may be required, a fter a court hearing, to be revoked
	2123	+	from the program and sentenced without trial pursuant to the
	2124	+	punishment provisions of the negotiated plea agreement; and
	2125	+	10. An explanation of the criminal record retention and
	2126	+	disposition resulting from participation i n the drug court program
	2127	+	following successful completion of the program.
	2128	+	C. D. 1. The offender may request consideration for the drug
	2129	+	court program as follows:
	2130	+	a. if the offender is incarcerated, the offender must
	2131	+	sign and complete the eligibility form a nd return it
	2132	+	to the sheriff, if the offender is held in the county
	2133	+	jail; or to the chief of police, if the offender is
	2134	+	held in a city jail. The sheriff or chief of police,
	2135	+	upon receipt of the completed eligibility form, shall
	2136	+	file the form with the district attorney at the time
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	2163	+	of filing the criminal case record or at any time
	2164	+	during the period of incarceration when the offender
	2165	+	completes the form after the criminal case record has
	2166	+	been filed drug court coordinator who shall forward
	2167	+	the form to the district attorney and the judge
	2168	+	assigned to the offender's case, or
	2169	+	b. after release of the offender from incarceration, the
	2170	+	offender must sign and c omplete the eligibility form
	2171	+	and file it with the district attorney drug court
	2172	+	coordinator or the court, prior to or at the time of
	2173	+	either initial appearance or arraignment. The drug
	2174	+	court coordinator shall forward the form to the
	2175	+	district attorney and the judge assigned to the
	2176	+	offender's case.
	2177	+	2. Any offender desiring legal consultation prior to signing or
	2178	+	completing the form for consideration in a drug court program shall
	2179	+	be referred to the defense attorn ey of the drug court team, or a
	2180	+	public defender, if the offender is indigent, or allowed to consult
	2181	+	with private legal counsel.
	2182	+	3. Nothing contained i n the provisions of this subsection shall
	2183	+	prohibit the drug court from considering any offender deemed
	2184	+	eligible for the program at any time prior to sentencing whose case
	2185	+	has been prosecuted in the traditional manner, or upon a violation
	2186	+	of parole or probation conditions relating to substance abuse, upon
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	2213	+	recommendation of the district attorney as provided in Section 471.8
	2214	+	of this title.
	2215	+	D. E. When an offender has filed a voluntary request to be
	2216	+	considered for a drug court program on the appropriate form , the
	2217	+	district attorney shall indicate his or her approval of the request
	2218	+	by filing the form with the drug court judge. Upon the filing of
	2219	+	the request form by t he district attorney, an initial hearing shall
	2220	+	be set before the drug court judge. The hearing shall be not less
	2221	+	than three (3) work days nor more than five (5) work days after the
	2222	+	date of the filing of the request form. Notice of the hearing shall
	2223	+	be given to the drug court team, or in the event no drug court team
	2224	+	is designated, to the offender, the district attorney, and to the
	2225	+	public defender. The offender shall be required to notify any
	2226	+	private legal counsel of the date and time of the hearing.
	2227	+	SECTION 10. AMENDATORY 22 O.S. 2021, Section 471.3, is
	2228	+	amended to read as follows:
	2229	+	Section 471.3. A. At the initial hearing for consideration of
	2230	+	an offender for a drug court program, the district attorney shall
	2231	+	determine whether or not:
	2232	+	1. The offender has approval to be considered for the drug
	2233	+	court program; and
	2234	+	2. The offender has been admitted to the program within the
	2235	+	preceding five (5) years; provided, having been admitted to a dr ug
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	2262	+	court program within the previous f ive (5) years shall not make the
	2263	+	offender ineligible for consideration; and
	2264	+	3. Any statutory preclusion, other prohibition, or program
	2265	+	limitation exists and is applicable to considering the offender for
	2266	+	the program.
	2267	+	The district attorney may object to the consideration of an
	2268	+	offender for the drug court program at the initial hearin g.
	2269	+	B. If the offender voluntarily consents to be considered for
	2270	+	the drug court program, and has signed and filed the required form
	2271	+	requesting consideration, and no objection has bee n made by the
	2272	+	district attorney, the court shall may refer the offender fo r a drug
	2273	+	court investigation as provided in Section 471.4 of this title, and
	2274	+	set a date for a hearing to determine final eligibility for
	2275	+	admittance into the program.
	2276	+	C. Upon any objection of the district attorney for
	2277	+	consideration of an offender for the p rogram, the court shall deny
	2278	+	consideration of the offender's request for participation in the
	2279	+	drug court program. Upon denial for consideration in the drug court
	2280	+	program at the initial hearing, the criminal case shall proceed in
	2281	+	the traditional manner. An objection by the district attorney and
	2282	+	the subsequent A denial of consideration of the offender for the
	2283	+	program shall not preclude any future consideration of the offender
	2284	+	for the drug court program with the approval of the district
	2285	+	attorney.
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	2312	+	SECTION 11. AMENDATORY 22 O.S. 2021, Section 471.4, is
	2313	+	amended to read as follows:
	2314	+	Section 471.4. A. Each drug court team shall devel op agreed-
	2315	+	upon, objective eligibility criteria to determine presumptive dru g
	2316	+	court eligibility for offenders. The obj ective criteria shall be in
	2317	+	writing and communicated to potential referral sources including but
	2318	+	not limited to judges, law enforcement, defense attorneys,
	2319	+	prosecutors, treatment professionals, and communi ty supervision
	2320	+	officers. The criteria shall target high-risk and high-need
	2321	+	offenders who are addicted to illicit drugs or alcohol and who are
	2322	+	at a substantial risk for reoffending or failing to complete a less
	2323	+	intensive case disposition such as standard probation or pret rial
	2324	+	supervision.
	2325	+	B. When directed by the drug court judge , district attorney,
	2326	+	defense attorney, drug court coordinator, treatment provider, or any
	2327	+	other drug court team member determines that further investigation
	2328	+	of the offender under consid eration is appropriate, the supervising
	2329	+	staff for the drug court program shall make an investigation of the
	2330	+	offender under consideration to determine whether or not the
	2331	+	offender is a person who:
	2332	+	1. Is presumptively eligible for the drug court pr ogram;
	2333	+	2. Would benefit from the drug court program; and
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	2360	+	2. 3. Is appropriate for the drug court program and there is
	2361	+	not a more appropriate less restrictive treatment alternative based
	2362	+	upon the risk and need levels of the offender.
	2363	+	B. C. The drug court investigation shall be conducted through a
	2364	+	standardized screening test and personal interv iew. A more
	2365	+	comprehensive assessment may take place at the time the offender
	2366	+	enters the treatment portion of the program and may take place at
	2367	+	any time after placement in the drug court program. The
	2368	+	investigation shall determine the original treatment pl an which the
	2369	+	offender will be required to follow, if admitted to the program.
	2370	+	Any subsequent assessments or e valuations by the treatment provider,
	2371	+	if the offender is admitted to the program, may be used to determine
	2372	+	modifications needed to the original tr eatment plan. The
	2373	+	investigation shall include, but not be limited to, the following
	2374	+	information:
	2375	+	1. The person's age and physical condition;
	2376	+	2. Employment and military service records;
	2377	+	3. Educational background and literacy level;
	2378	+	4. Community and fam ily relations;
	2379	+	5. Prior and current drug and alcohol use;
	2380	+	6. Mental health and medical treatment history , including
	2381	+	substance abuse treatment history;
	2382	+	7. Demonstrable motivation; and
	2383	+	8. Other mitigating or aggravating factors.
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	2410	+	C. D. The drug court investigation may be conducted before or
	2411	+	after the initial hearing for consideration but shall occur before
	2412	+	the hearing for final determination of eligibility for the drug
	2413	+	court program. When an offender is appropriate for admittance to
	2414	+	the program, the supe rvising staff shall make a recommendation for
	2415	+	the treatment program or programs that are available in the
	2416	+	jurisdiction and which would benefit the offender and accept the
	2417	+	offender. The investigation findings and recommendations for
	2418	+	program placement shall be reported to the drug court judge, the
	2419	+	district attorney, the offender, and the defense attorney prior to
	2420	+	the next scheduled hearing.
	2421	+	D. E. The district attorney and the defense attorney for the
	2422	+	offender shall independently review the findings and reco mmendations
	2423	+	of the drug court investigation report. For an offender to remain
	2424	+	eligible for consideration in the pro gram, both the district
	2425	+	attorney and the defense attorney must accept the recommended
	2426	+	treatment plan, and shall negotiate the terms of the w ritten plea
	2427	+	agreement with all punishment provisions speci fied before prior to
	2428	+	the scheduled hearing date for de termining final eligibility. Upon
	2429	+	failure of the district attorney and defense attorney to negotiate
	2430	+	the written plea agreement, the judge presiding over the case may
	2431	+	order the criminal case shall to be withdrawn from th e drug court
	2432	+	program and processed in the traditional manner. The punishment
	2433	+	provisions of the written plea agreement shall emphasize reparation
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	2460	+	to the victim, community, and sta te. If the crime for which the
	2461	+	offender is seeking eligibility to drug court involves a victim,
	2462	+	notification to the vic tim shall be in compliance with subsection A
	2463	+	of Section 34 of Article II of the Oklahom a Constitution and the
	2464	+	Oklahoma Victim's Rights Act, Section 142A et seq. of Title 21 of
	2465	+	the Oklahoma Statutes, and shall include the right to prov ide
	2466	+	victim's impact statements.
	2467	+	E. F. The hearing to determine final eligibility shall be set
	2468	+	not less than three (3) work days nor more than seven (7) work days
	2469	+	from the date of the initial hearing for consideration, unless
	2470	+	extended by the court.
	2471	+	G. The drug court coordinator shall keep a record of all
	2472	+	presumptively eligible offenders who are no t placed in the drug
	2473	+	court program. The record shall indicate t he reason each offender
	2474	+	was not placed in the program and information about the ulti mate
	2475	+	case disposition for each offender. The recor d shall be made
	2476	+	available to all mem bers of the drug court team.
	2477	+	F. H. For purposes of this act Section 471 et seq. of this
	2478	+	title, "supervising staff" means a Department of Corrections
	2479	+	employee assigned to monitor of fenders in the drug court program, a
	2480	+	community provider assigned to monitor offenders in the program, a
	2481	+	state, or local agency county, or municipal governmental
	2482	+	representative, or a certified treatment provider participating in
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	2509	+	the program, or a CLEET-certified person designated by the judge
	2510	+	drug court program to perform drug court investigations.
	2511	+	SECTION 12. AMENDATORY 22 O.S. 2021, Sect ion 471.6, is
	2512	+	amended to read as follows:
	2513	+	Section 471.6. A. The drug court judge shall conduct a hearing
	2514	+	as required by subsection E of Section 471.4 of this title to
	2515	+	determine final eligibility by considering:
	2516	+	1. Whether the offender voluntarily consen ts to the program
	2517	+	requirements;
	2518	+	2. Whether to accept the offender b ased upon the findings and
	2519	+	recommendations of the drug court investigation authorized by
	2520	+	Section 471.4 of this title;
	2521	+	3. Whether there is a written plea agreement, and if so,
	2522	+	whether the terms and conditions of the written negotiated plea
	2523	+	between the district attorney, the defense attorney and the offender
	2524	+	are appropriate and consistent with the penalty pro visions and
	2525	+	conditions of other similar cases;
	2526	+	4. Whether there is an appropriate t reatment program available
	2527	+	to the offender and whether there is a re commended treatment plan;
	2528	+	and
	2529	+	5. Any information relevant to determining eligibility;
	2530	+	provided, however, an offender shall not be denied admittance to any
	2531	+	drug court program based upon an inability to pay court costs or
	2532	+	other costs or fees.
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	2559	+	B. At the hearing to determine final eligibility for the drug
	2560	+	court program, the judge shall not grant any admission of any
	2561	+	offender to the program when:
	2562	+	1. The required treatment plan and plea agreem ent have not been
	2563	+	completed;
	2564	+	2. The program funding or availability of treatment has been
	2565	+	exhausted;
	2566	+	3. The treatment program or drug court team is unwilling to
	2567	+	accept the offender;
	2568	+	4. The offender was ineligible for consideration by the nature
	2569	+	of a violent offense at the time of arrest, and the charge has been
	2570	+	modified to does not meet the presumptive eligibility criteria of
	2571	+	the program; or
	2572	+	5. The offender is inappropriate for admission to the program,
	2573	+	in the discretion of the judge.
	2574	+	C. At the final eligibility hearing, if evidence is presented
	2575	+	that was not discovered by the drug court investigation, the
	2576	+	district attorney or the defense attorney m ay make an objection and
	2577	+	may ask the court to withdraw the p lea agreement previously
	2578	+	negotiated. The court shall determine whether to proceed and
	2579	+	overrule the objection, to sustain the objection and transfer the
	2580	+	case for traditional criminal prosecution o r to require further
	2581	+	negotiations of the plea or punishment provisions. The decision of
	2582	+	the judge for or against eligibility and admission shall be final.
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	2609	+	D. When the court accepts the treatment plan with the writ ten
	2610	+	plea agreement, the offender, upon en tering the plea as agreed by
	2611	+	the parties, shall be ordered a nd escorted immediately into the
	2612	+	program. The offender must have voluntarily signed the necessary
	2613	+	court documents before the offender may be admitted to t reatment.
	2614	+	The court documents shall incl ude:
	2615	+	1. Waiver of the offender's rights to speedy trial;
	2616	+	2. A written plea agreement which sets forth the offense
	2617	+	charged, the penalty to be imposed for the offense in the event of a
	2618	+	breach of the agreement and th e penalty to be imposed, if any, in
	2619	+	the event of a successful completion of the treatment program;
	2620	+	provided, however, incarceration shall be prohibi ted when the
	2621	+	offender completes the treatment program;
	2622	+	3. A written treatment plan which is subject to modi fication at
	2623	+	any time during the program; and
	2624	+	4. A written performance contract requiring the offende r to
	2625	+	enter the treatment program as directed by the court and participate
	2626	+	until completion, withdrawal or removal by the court.
	2627	+	E. If admission into the d rug court program is denied, the
	2628	+	criminal case shall be returned to the traditional criminal docket
	2629	+	and shall proceed as provided for any other crim inal case.
	2630	+	F. At the time an offender is admitted to the drug court
	2631	+	program, any bail or undertaking on beh alf of the offender shall be
	2632	+	exonerated.
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	2659	+	G. The period of time during which an offender may particip ate
	2660	+	in the active treatment portion of the drug court program shall be
	2661	+	not less than six (6) months nor more than twenty -four (24) months
	2662	+	and may include a period of supervision not less than six (6) months
	2663	+	nor more than one (1) year following the treatmen t portion of the
	2664	+	program. The period of superv ision may be extended by order of the
	2665	+	court for not more than six (6) months. No treatment dollars shall
	2666	+	be expended on the offender during the exte nded period of
	2667	+	supervision. If the court orders that the pe riod of supervision
	2668	+	shall be extended, the drug court judge, district attorney, the
	2669	+	attorney for the offender and the supervising staff for the drug
	2670	+	court program shall evaluate the appropriatenes s of continued
	2671	+	supervision on a quarterly basis. All partic ipating treatment
	2672	+	providers shall be certified by the Department of Mental Health and
	2673	+	Substance Abuse Services and shall be selected and evaluated for
	2674	+	performance-based effectiveness annually by t he Department of Mental
	2675	+	Health and Substance Abuse Services. Treatment programs shall be
	2676	+	designed to be completed within twelve (12) months and shall have
	2677	+	relapse prevention and evaluation components.
	2678	+	H. The drug court judge shall order the offender to p ay court
	2679	+	costs, treatment costs, drug testing costs, a progr am user fee not
	2680	+	to exceed Twenty Dollars ($20.0 0) per month and necessary
	2681	+	supervision fees, unless the offender is indigent. The drug court
	2682	+	judge shall establish a schedule for the payment of cos ts and fees.
	2683	+
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	2709	+	The cost for treatment, drug testing and super vision shall be set by
	2710	+	the treatment and superv ision providers respectively and made part
	2711	+	of the court's order for payment. User fees shall be set by the
	2712	+	drug court judge within the maximum amoun t authorized by this
	2713	+	subsection and payable directly to the court clerk for the benefit
	2714	+	and administration of the drug court program. Treatment, drug
	2715	+	testing and supervision costs shall be paid to the respective
	2716	+	providers. The court clerk shall collect a ll other costs and fees
	2717	+	ordered and deposit such costs and f ees with the county treasurer in
	2718	+	a drug court fund created and administered pursuant to subsection I
	2719	+	of Section 471.1 of this title. The remaining user fe es shall be
	2720	+	remitted to the State Treasur er by the court clerk for deposit in
	2721	+	the Department of Menta l Health and Substance Abuse Services' Drug
	2722	+	Abuse Education and Treatment Revolving Fund established pursuant to
	2723	+	Section 2-503.2 of Title 63 of the Oklahom a Statutes. Court orders
	2724	+	for costs and fees pursuant to this subsection shall not be limited
	2725	+	for purposes of collection to the maximum term of impr isonment for
	2726	+	which the offender could have been imprisoned for the offense, nor
	2727	+	shall any court order for co sts and fees be limited by any term of
	2728	+	probation, parole, supervision, treatment or extension thereof .
	2729	+	Court orders for costs and fees shall remain an obligation of the
	2730	+	offender until fully paid; provided, however, once the offender has
	2731	+	successfully completed the drug court program, the drug cou rt judge
	2732	+	shall have the discretion to expressly waive all or part of the
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	2759	+	costs and fees provided for in thi s subsection if, in the opinion of
	2760	+	the drug court judge, continued payment of the costs and fees by the
	2761	+	offender would create a financial hardship fo r the offender.
	2762	+	Offenders who have not fully paid all costs and fees pursuant to
	2763	+	court order but who have otherwise successfully completed the drug
	2764	+	court program shall not be counted as an active drug court
	2765	+	participant for purposes of drug court contracts or program
	2766	+	participant numbers.
	2767	+	I. Notwithstanding any oth er provision of law, if the driving
	2768	+	privileges of the offender have been suspended, revoked, canceled or
	2769	+	denied by the Department of Public Safety and if t he drug court
	2770	+	judge determines that no ot her means of transportation for the
	2771	+	offender is available, t he drug court judge may enter a written
	2772	+	order requiring the Department of Public Safety to stay any and all
	2773	+	such actions against the Class D driving privil eges of the offender;
	2774	+	provided, the stay shall not be construed to grant driving
	2775	+	privileges to an off ender who has not been issued a driver license
	2776	+	by the Department or whose Oklahoma driver license has expired, in
	2777	+	which case the offender shall be required to apply for and be found
	2778	+	eligible for a driver license, pass all examinations, if applicable,
	2779	+	and pay all statutory driver license issuance or ren ewal fees. The
	2780	+	offender shall provide proof of insurance to the drug court judge
	2781	+	prior to the judge orderin g a stay of any driver license suspension ,
	2782	+	revocation, cancellation or denial. When a judge of a dru g court
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	2809	+	enters a stay against an order by the D epartment of Public Safety
	2810	+	suspending or revoking the driving privileges of an offender, the
	2811	+	time period set in the order by the Department for the s uspension or
	2812	+	revocation shall continue to run during the sta y. When an offender
	2813	+	has successfully completed the drug court program, the drug court
	2814	+	judge shall maintain jurisdiction over the offender 's driving
	2815	+	privileges for one (1) year after the date on w hich the offender
	2816	+	graduates from the drug court program.
	2817	+	SECTION 13. AMENDATORY 22 O.S. 2021, Section 471.8, is
	2818	+	amended to read as follows:
	2819	+	Section 471.8. The drug court program may be utilized as a
	2820	+	disciplinary sanction for a vio lation of a condition of parole
	2821	+	related to substance abuse f or eligible offenses, or in a case where
	2822	+	the offender has been tried for an eligible offense in the
	2823	+	traditional manner, given either a deferred or suspended sen tence,
	2824	+	and has violated a condition of the sentence. The judge shall not
	2825	+	order an offender into treatment within the scope of any drug court
	2826	+	program without prior approval from the designated drug court team,
	2827	+	or the district attorney if no team is designa ted. Any judge having
	2828	+	a criminal case assigned where drug court processing appears to be
	2829	+	more appropriate for the offender, may request a revi ew of the case
	2830	+	by the drug court team, or if no team is designated, a review by
	2831	+	both the district attorney and the def ense attorney or offender. If
	2832	+	both the district attorney and the defense attorney or offender
	2833	+
	2834	+	ENGR. S. B. NO. 1548 Page 28 1
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	2859	+	agree, the case may be transferred to the drug court program with
	2860	+	the approval of a designated the presiding drug court judge. After
	2861	+	a case has been transferred to the drug court docket, it shall
	2862	+	continue with the designated drug court judge until the offender is
	2863	+	revoked or released from the program. The offenders whose cases
	2864	+	have been transferred from a traditional criminal case docket to the
	2865	+	drug court docket shall be required to have a drug court
	2866	+	investigation and complete the drug court process prior to placement
	2867	+	in any treatment program authorized by this act Section 471 et seq.
	2868	+	of this title.
	2869	+	SECTION 14. AMENDATORY 22 O.S. 2021, Sectio n 471.10, is
	2870	+	amended to read as follows:
	2871	+	Section 471.10. A. For purposes of this act, the following
	2872	+	state agencies shall jointly deve lop a standardized testing
	2873	+	instrument with an appropriate scoring device for use by a ll the
	2874	+	district courts in this state in implementing the Oklahoma Drug
	2875	+	Court Act:
	2876	+	1. The Department of Corrections;
	2877	+	2. The Administrative Office of the Courts;
	2878	+	3. The Department of Mental Health and Substance Abuse
	2879	+	Services;
	2880	+	4. The State Department of Health;
	2881	+	5. The State Department of Education;
	2882	+	6. The Office of Juvenile Affairs; an d
	2883	+
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	2909	+	7. The Oklahoma Department of Vocational and Technical
	2910	+	Education.
	2911	+	B. The Administrative Office of the Courts shall promulgate
	2912	+	rules, procedures, and forms necessary to implement the Oklahoma
	2913	+	Drug Court Act to ensure statewid e uniformity in procedures a nd
	2914	+	forms. The Department of Mental Health and Substance Abuse Services
	2915	+	is directed to develop a training and implementation manual for drug
	2916	+	court programs with the assist ance of the State Department of
	2917	+	Health, the State Departm ent of Education, the Oklaho ma Department
	2918	+	of Career and Technology Education, the Department of Corrections,
	2919	+	the Office of Juvenile Affairs, and the Administrative Office of the
	2920	+	Courts. The Departme nt of Mental Health and Substance Abuse
	2921	+	Services shall provide technical assistance t o the district courts
	2922	+	in implementing drug court programs.
830	2923		C. All participating agenc ies shall promulgate rules as
831	2924		necessary to comply with the provisions of this act Section 471 et
832	2925		seq. of this title. Each district court shall establish rules for
833	2926		their jurisdiction upon implementation of a drug court program,
834	2927		pursuant to the provisions o f this act.
835		-
836		-
837		-	ENR. S. B. NO. 1548 Page 20
838		-	Passed the Senate the 10th day of May, 2022.
	2928	+	SECTION 15. This act shall become effective November 1, 2022.
	2929	+
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	2954	+
	2955	+	Passed the Senate the 21st day of March, 2022.
839	2956
840	2957
841	2958
842	2959		Presiding Officer of the Senate
843	2960
844	2961
845		-	Passed the House of Representatives the 28th day of April, 2022.
	2962	+	Passed the House of Representatives the ____ day of __________,
	2963	+	2022.
846	2964
847	2965
848	2966
849	2967		Presiding Officer of the House
850	2968		of Representatives
851	2969
852		-	OFFICE OF THE GOVERNOR
853		-	Received by the Office of the Governor this _______ _____________
854		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
855		-	By: _________________________________
856		-	Approved by the Governor of the State of Oklahoma this _____ ____
857		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
858		-
859		-	_________________________________
860		-	Governor of the State of Oklahoma
861		-
862		-
863		-	OFFICE OF THE SECRETARY OF STAT E
864		-	Received by the Office of the Secretary of State this _______ ___
865		-	day of __________________, 20 _______, at _______ o'clock _______ M.
866		-	By: _______________________________ __
	2970	+