OK
Oklahoma House Bill HB2225

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2225 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (202 3)
3131
3232 HOUSE BILL 2225 By: Ford
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3838 AS INTRODUCED
3939
4040 An Act relating to victim impact panels; amending 22
4141 O.S. 2021, Section 991a, which relates to sentencing
4242 powers of the court; expanding scope of definition to
4343 include certain business licensees; and providing an
4444 effective date.
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5252 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 22 O.S. 2021, Section 991a, is
5454 amended to read as follows:
5555 Section 991a. A. Except as otherwise provided in the Elderly
5656 and Incapacitated Victim's Protection Program, when a defendant is
5757 convicted of a crime an d no death sentence is imposed, the court
5858 shall either:
5959 1. Suspend the execution of sentence in whole or in part, with
6060 or without probation. The court, in addition, may order the
6161 convicted defendant at the time of sentencing or at any time during
6262 the suspended sentence to do one or more of the following:
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8989 a. to provide restitutio n to the victim as provided by
9090 Section 991f et seq. o f this title or according to a
9191 schedule of payments established by the sentencing
9292 court, together with interest upon any pecu niary sum
9393 at the rate of twelve percent (12%) per annum, if the
9494 defendant agrees to pay such restitution or, in the
9595 opinion of the court, if the defendant is able to pay
9696 such restitution without imposing manifest hardship on
9797 the defendant or the immediate family and if the
9898 extent of the damage to the victim is determinable
9999 with reasonable certainty,
100100 b. to reimburse any state agency fo r amounts paid by the
101101 state agency for hospital and medical expenses
102102 incurred by the victim or victims, as a result of the
103103 criminal act for which such person was convicted,
104104 which reimbursement shall be m ade directly to the
105105 state agency, with interest accru ing thereon at the
106106 rate of twelve percent (12%) per annum,
107107 c. to engage in a term of community service without
108108 compensation, according to a schedule consistent with
109109 the employment and family responsibili ties of the
110110 person convicted,
111111 d. to pay a reasonable sum into any trust fund
112112 established pursuant to the provisions of Sections 176
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139139 through 180.4 of Title 60 of the Oklahoma S tatutes and
140140 which provides restitution payments by convicted
141141 defendants to victim s of crimes committed within this
142142 state wherein such victim has incurred a financial
143143 loss,
144144 e. to confinement in the county jail for a period not to
145145 exceed six (6) months,
146146 f. to confinement as provided by law together with a term
147147 of post-imprisonment community supervision for not
148148 less than three (3) years of the total term allowed by
149149 law for imprisonment, wit h or without restitution;
150150 provided, however, the authority of this pr ovision is
151151 limited to Section 843.5 of Title 21 of the Oklahoma
152152 Statutes when the offense involved sexual abuse or
153153 sexual exploitation; Sections 681, 741 and 843.1 of
154154 Title 21 of the Okla homa Statutes when the offense
155155 involved sexual abuse or sexual exploi tation; and
156156 Sections 865 et seq., 885, 886, 888, 891, 1021,
157157 1021.2, 1021.3, 1040.13 a, 1087, 1088, 1111.1, 1115 and
158158 1123 of Title 21 of t he Oklahoma Statutes,
159159 g. to repay the reward or par t of the reward paid by a
160160 local certified crime stoppers program and the
161161 Oklahoma Reward System . In determining whether the
162162 defendant shall repay the r eward or part of the
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189189 reward, the court shall consider the ability of the
190190 defendant to make the payment, the financial hardship
191191 on the defendant to make the required payment and the
192192 importance of the information to the prosecution of
193193 the defendant as provid ed by the arresting officer or
194194 the district attorney with due regard for the
195195 confidentiality of the reco rds of the local certified
196196 crime stoppers program and the Oklahoma R eward System.
197197 The court shall assess this repayment against the
198198 defendant as a cost of prosecution. The term
199199 "certified" means crime stoppers organizations that
200200 annually meet the certifi cation standards for crime
201201 stoppers programs established by the Okla homa Crime
202202 Stoppers Association to the extent those standards do
203203 not conflict with state statutes. The term "court"
204204 refers to all munici pal and district courts within
205205 this state. The "Oklahoma Reward System " means the
206206 reward program established by Sectio n 150.18 of Title
207207 74 of the Oklahoma Statutes,
208208 h. to reimburse the Oklahoma State Bu reau of
209209 Investigation for costs incurred by that agen cy during
210210 its investigation of the crime for which the defendant
211211 pleaded guilty, nolo contendere or was convicted
212212 including compensation for laboratory, technical or
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239239 investigation services performed by t he Bureau if, in
240240 the opinion of the court, the defend ant is able to pay
241241 without imposing manifest hardsh ip on the defendant,
242242 and if the costs incurred by the Bureau during the
243243 investigation of the defendant 's case may be
244244 determined with reasonable certaint y,
245245 i. to reimburse the Oklahoma State Bureau of
246246 Investigation and any authorized law enforcement
247247 agency for all costs incurred by that agency for
248248 cleaning up an illegal d rug laboratory site for which
249249 the defendant pleaded guilty, nolo contendere or was
250250 convicted. The court clerk shall collect the amount
251251 and may retain five percent (5%) of such monies to be
252252 deposited in the Court Clerk's Revolving Fund to cover
253253 administrative costs and shall remit the remainder to
254254 the Oklahoma State Bureau of Investigation to be
255255 deposited in the OSBI Revolving Fund establishe d by
256256 Section 150.19a of Title 74 of the Oklahoma St atutes
257257 or to the general fund wherein the other law
258258 enforcement agency is located,
259259 j. to pay a reasonable sum to the Crime Victims
260260 Compensation Board, c reated by Section 142.2 et seq.
261261 of Title 21 of the Ok lahoma Statutes, for the benefit
262262 of crime victims,
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289289 k. to reimburse the court fund for amounts paid to court -
290290 appointed attorneys for representing the defendant in
291291 the case in which the person is being sen tenced,
292292 l. to participate in an assessment and evalua tion by an
293293 assessment agency or assessment personne l certified by
294294 the Department of Mental Health and Substance Ab use
295295 Services pursuant to Section 3 -460 of Title 43A of the
296296 Oklahoma Statutes and, as dete rmined by the
297297 assessment, participate in an alcohol a nd drug
298298 substance abuse course or treatment program or both,
299299 pursuant to Sections 3 -452 and 3-453 of Title 43A of
300300 the Oklahoma Statutes, or as ordered by the court,
301301 m. to be placed in a victims impact pa nel program, as
302302 defined in subsection H of this secti on, or
303303 victim/offender reconciliation program and p ayment of
304304 a fee to the program of Seventy -five Dollars ($75.00 )
305305 as set by the governing authority of the program to
306306 offset the cost of participation by the defendant.
307307 Provided, each victim/offender reconc iliation program
308308 shall be required to obtain a writ ten consent form
309309 voluntarily signed by the victim and defendan t that
310310 specifies the methods to be used to resolve the
311311 issues, the obligations and rights of each person and
312312 the confidentiality of the proceed ings. Volunteer
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339339 mediators and employees of a victi m/offender
340340 reconciliation program shall be immune from liabili ty
341341 and have rights of confidentiality as provided in
342342 Section 1805 of Title 12 of the Oklah oma Statutes,
343343 n. to install, at the expense of the de fendant, an
344344 ignition interlock device approved by t he Board of
345345 Tests for Alcohol and Drug Influence . The device
346346 shall be installed upon every motor vehicle operated
347347 by the defendant, and the court shall require that a
348348 notation of this restriction be affix ed to the
349349 defendant's driver license. The restriction shall
350350 remain on the driver license not exceeding two (2)
351351 years to be determined by the court . The restriction
352352 may be modified or removed only by or der of the court
353353 and notice of any modification order shall be given to
354354 the Department of Public Safety . Upon the expiration
355355 of the period for the restriction, the Department of
356356 Public Safety shall remove the restriction without
357357 further court order. Failure to comply with the order
358358 to install an ignition i nterlock device or operating
359359 any vehicle without a device during the period of
360360 restriction shall be a violation of the sentence and
361361 may be punished as deemed proper by the sentencing
362362 court. As used in this paragraph, "ignition interlock
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389389 device" means a device that, without tampering or
390390 intervention by another person, would prevent the
391391 defendant from operating a mot or vehicle if the
392392 defendant has a blood or breath alcohol concentration
393393 of two-hundredths (0.02) or greater,
394394 o. to be confined by electronic mon itoring administered
395395 and supervised by the Departme nt of Corrections or a
396396 community sentence provider, and paym ent of a
397397 monitoring fee to the supervising authority, not to
398398 exceed Three Hundred Dollars ($ 300.00) per month. Any
399399 fees collected pursuant to th is subparagraph shall be
400400 deposited with the appropr iate supervising authority .
401401 Any willful violation of an ord er of the court for the
402402 payment of the monitoring fee shall be a violation of
403403 the sentence and may be punished as deemed proper by
404404 the sentencing court. As used in this paragraph,
405405 "electronic monitoring" means confinement of the
406406 defendant within a specifi ed location or locations
407407 with supervision by means of an electronic device
408408 approved by the Department of Corrections which is
409409 designed to detect if the defendant is in the court -
410410 ordered location at the required times and which
411411 records violations for invest igation by a qualified
412412 supervisory agency or person,
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439439 p. to perform one or more courses of tr eatment, education
440440 or rehabilitation for any conditio ns, behaviors,
441441 deficiencies or disorders which may contribute to
442442 criminal conduct including but not limited to alcohol
443443 and substance abuse, mental health, emotional health,
444444 physical health, propensity fo r violence, antisocial
445445 behavior, personality or attit udes, deviant sexual
446446 behavior, child development, p arenting assistance, job
447447 skills, vocational-technical skills, domestic
448448 relations, literacy, education or any other
449449 identifiable deficiency which may be treated
450450 appropriately in the community and for which a
451451 certified provider or a program recognized by the
452452 court as having significant positive impact exists in
453453 the community. Any treatment, education or
454454 rehabilitation provider required to be certified
455455 pursuant to law or rule shall be certified by the
456456 appropriate state agency or a national organization,
457457 q. to submit to periodic testing for alcohol,
458458 intoxicating substance or controlled dangerous
459459 substances by a qualified laboratory,
460460 r. to pay a fee or costs for treatment, education,
461461 supervision, participation i n a program or any
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488488 combination thereof as determine d by the court, based
489489 upon the defendant's ability to pay the fees or costs,
490490 s. to be supervised by a Department of Corrections
491491 employee, a private supe rvision provider or other
492492 person designated by the co urt,
493493 t. to obtain positive behavior modeling by a t rained
494494 mentor,
495495 u. to serve a term of confinement in a restrictive
496496 housing facility available in the community,
497497 v. to serve a term of confinement in the county jail at
498498 night or during weekends pursuant to S ection 991a-2 of
499499 this title or for work release,
500500 w. to obtain employment or participate in employment -
501501 related activities,
502502 x. to participate in mandatory day reporting to
503503 facilities or persons for service s, payments, duties
504504 or person-to-person contacts as s pecified by the
505505 court,
506506 y. to pay day fines not to e xceed fifty percent (50%) of
507507 the net wages earned . For purposes of this paragraph,
508508 "day fine" means the offender is ordered to pay an
509509 amount calculated as a percentage of net daily wages
510510 earned. The day fine shall be paid to the local
511511 community sentencing system as reparation to the
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538538 community. Day fines shall be used to support the
539539 local system,
540540 z. to submit to blood or saliva testing as required by
541541 subsection I of this section,
542542 aa. to repair or restore property damaged by the
543543 defendant's conduct, if the court determines the
544544 defendant possesses suffic ient skill to repair or
545545 restore the property and the victim consents to the
546546 repairing or restoring of th e property,
547547 bb. to restore damaged property in kind o r payment of out-
548548 of-pocket expenses to the victim, if the court is able
549549 to determine the actual ou t-of-pocket expenses
550550 suffered by the victim,
551551 cc. to attend a victim-offender reconciliation program if
552552 the victim agrees to participate and the offender is
553553 deemed appropriate for participation,
554554 dd. in the case of a person convicted of prostitution
555555 pursuant to Section 1029 of Title 21 of the Oklahoma
556556 Statutes, require such person to receive counseling
557557 for the behavior which may have caused such person to
558558 engage in prostitution activities . Such person may be
559559 required to receive counseling in areas includin g but
560560 not limited to alcohol and substance abuse, sexual
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587587 behavior problems or domestic abuse or child abuse
588588 problems,
589589 ee. in the case of a sex offender sentence d after November
590590 1, 1989, and required by law to re gister pursuant to
591591 the Sex Offender Registra tion Act, the court shall
592592 require the person to comply with sex offender
593593 specific rules and conditions of su pervision
594594 established by the Department of Correction s and
595595 require the person to participate in a treatm ent
596596 program designed for the treatment of se x offenders
597597 during the period of time while the offender is
598598 subject to supervision by the Department of
599599 Corrections. The treatment program shall include
600600 polygraph examinations specifically designed for use
601601 with sex offenders for purposes of supervision an d
602602 treatment compliance, and shall be administered not
603603 less than each six (6) months during the period of
604604 supervision. The examination shall be administered by
605605 a certified licensed polygraph examiner . The
606606 treatment program must be approved by the Departme nt
607607 of Corrections or the Department of Mental Health and
608608 Substance Abuse Services . Such treatment shall be at
609609 the expense of the defendant based on the defendan t's
610610 ability to pay,
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637637 ff. in addition to other senten cing powers of the court,
638638 the court in the case of a defendant being sentenced
639639 for a felony conviction for a violation of Section 2 -
640640 402 of Title 63 of t he Oklahoma Statutes which
641641 involves marijuana may req uire the person to
642642 participate in a drug court prog ram, if available. If
643643 a drug court program is not available, the defendant
644644 may be required to participate in a community
645645 sanctions program, if availabl e,
646646 gg. in the case of a person convicted of any false or
647647 bogus check violation, as defined in Section 15 41.4 of
648648 Title 21 of the Oklahoma Statutes, impose a fee of
649649 Twenty-five Dollars ($25.00) to the victim for each
650650 check, and impose a bogus check fee to be paid to the
651651 district attorney. The bogus check fee paid to the
652652 district attorney shall be equal to the amount
653653 assessed as court costs plus Twent y-five Dollars
654654 ($25.00) for each check upon filing of the case in
655655 district court. This money shall be deposit ed in the
656656 Bogus Check Restitution Program Fund as est ablished in
657657 subsection B of Section 114 of this tit le.
658658 Additionally, the court may require t he offender to
659659 pay restitution and bogus check fees on any other
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686686 bogus check or checks that have been submitte d to the
687687 Bogus Check Restitution Program, and
688688 hh. any other provision specifically ordered by the court.
689689 However, any such order for restitution , community service,
690690 payment to a local certified crime stoppers program, payment to the
691691 Oklahoma Reward System or confinement in the county jail, or a
692692 combination thereof, shall be made in conjunction with probation and
693693 shall be made a condition of the su spended sentence.
694694 However, unless under the supervision of the district attorney,
695695 the offender shall be required to pay Forty Dollars ($40.00) per
696696 month to the district attorney during the first two (2) years of
697697 probation to compensate the district attorn ey for the costs incurred
698698 during the prosecution of the offender and for the additional work
699699 of verifying the com pliance of the offender with the rules and
700700 conditions of his or her probation . The district attorney ma y waive
701701 any part of this requirement in the best interests of justice . The
702702 court shall not waive, suspend, defer or dismiss the costs of
703703 prosecution in its entirety. However, if the court determines that
704704 a reduction in the fine, costs and costs of prosec ution is
705705 warranted, the court shall equ ally apply the same percentage
706706 reduction to the fine, costs and costs of prosecution owed by the
707707 offender;
708708 2. Impose a fine prescribed by law for the offense, with o r
709709 without probation or commitment and with or witho ut restitution or
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736736 service as provided for in this section, Section 991a -4.1 of this
737737 title or Section 227 of Title 57 of the Oklahoma Statutes;
738738 3. Commit such person for confinement provided for by law wit h
739739 or without restitution as provided for in this se ction;
740740 4. Order the defendant to re imburse the Oklahoma State Bureau
741741 of Investigation for costs incurred by that agency during its
742742 investigation of the crime for which the defendant pleaded guilty,
743743 nolo contendere or was convicted including compensation f or
744744 laboratory, technical or investig ation services performed by the
745745 Bureau if, in the opinion of the court, the defendant is able to pay
746746 without imposing manifest hardship on the defendant, and if the
747747 costs incurred by the Bureau during the investigation o f the
748748 defendant's case may be determ ined with reasonable certainty;
749749 5. Order the defendant to reimburse the Oklahoma State Bureau
750750 of Investigation for all costs incurred by that agency for cleaning
751751 up an illegal drug laboratory site for which the defendan t pleaded
752752 guilty, nolo contendere o r was convicted. The court clerk shall
753753 collect the amount and may retain five percent (5%) of such monies
754754 to be deposited in the Court Clerk's Revolving Fund to cover
755755 administrative costs and shall remit the remainder to the Oklahoma
756756 State Bureau of Inves tigation to be deposited in the OSBI Revolving
757757 Fund established by Section 150.19a of Title 74 of the Oklahoma
758758 Statutes;
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785785 6. In the case of nonviolent felony offenses, se ntence such
786786 person to the Community Service Sentenc ing Program;
787787 7. In addition to the other sentencing powers of the court, in
788788 the case of a person convicted of operating or being in control of a
789789 motor vehicle while the person was under the influence of a lcohol,
790790 other intoxicating substance or a combinati on of alcohol or another
791791 intoxicating substance, or convicted of operating a motor vehicle
792792 while the ability of the person to operate such vehicle was i mpaired
793793 due to the consumption of alcohol, require su ch person:
794794 a. to participate in an alcohol and drug assessment and
795795 evaluation by an assessment agency or assessment
796796 personnel certified by the Department of Mental Health
797797 and Substance Abuse Services pur suant to Section 3-460
798798 of Title 43A of the Oklahoma S tatutes and, as
799799 determined by the assessment, parti cipate in an
800800 alcohol and drug substance abuse course or treatment
801801 program or both, pursuant to Sections 3 -452 and 3-453
802802 of Title 43A of the Oklahoma Sta tutes,
803803 b. to attend a victims impact panel program, a s defined
804804 in subsection H of this section, and to p ay a fee of
805805 Seventy-five Dollars ($75.00) as set by the governing
806806 authority of the program and approved by the court, to
807807 the program to offset the cost of participation by the
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834834 defendant, if in the opinion of the court the
835835 defendant has the ability to pay s uch fee,
836836 c. to both participate in the alcohol and drug substance
837837 abuse course or treatment program, pursuant to
838838 subparagraph a of this paragraph and at tend a victims
839839 impact panel program, pursuant to subp aragraph b of
840840 this paragraph,
841841 d. to install, at the expense of the person, an ig nition
842842 interlock device approved by the Board of Tests for
843843 Alcohol and Drug Influence, upon every motor vehicle
844844 operated by such person and to require that a notation
845845 of this restriction be affixed to the person 's driver
846846 license at the time of reinstatemen t of the license.
847847 The restriction shall remain on the driver license for
848848 such period as the court shall determine . The
849849 restriction may be modified or removed by order of the
850850 court and notice of the order shall be given to the
851851 Department of Public Safety . Upon the expiration of
852852 the period for the restriction, the Department of
853853 Public Safety shall remove the restriction witho ut
854854 further court order. Failure to comply with the o rder
855855 to install an ignition interlock device or ope rating
856856 any vehicle without su ch device during the period of
857857 restriction shall be a violation of the sentence and
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884884 may be punished as deemed proper by the sentencing
885885 court, or
886886 e. beginning January 1, 1993, t o submit to electronically
887887 monitored home detention administered and supervised
888888 by the Department of Corrections, and to pay to the
889889 Department a monitoring fee, not to exceed Seventy -
890890 five Dollars ($75.00 ) a month, to the Department of
891891 Corrections, if in th e opinion of the court the
892892 defendant has the abilit y to pay such fee. Any fees
893893 collected pursuant to this subparagraph shall be
894894 deposited in the Department of Corrections Revolving
895895 Fund. Any order by the court for the payment of the
896896 monitoring fee, if wi llfully disobeyed, may be
897897 enforced as an indirect c ontempt of court;
898898 8. In addition to the other sentencing powers of the court, in
899899 the case of a person convicted of prostitution pursuant to Section
900900 1029 of Title 21 of the Oklahoma Statutes, require such person to
901901 receive counseling for the behavior which may have caused such
902902 person to engage in prostitution activities . Such person may be
903903 required to receive counseling in areas including but not limited to
904904 alcohol and substance abuse, sexual behavior prob lems or domestic
905905 abuse or child abuse problems;
906906 9. In addition to the other sentencing powers of the court, in
907907 the case of a person convicted of any crime related to domestic
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934934 abuse, as defined in Sectio n 60.1 of this title, the court may
935935 require the defendant to undergo the treatment or participate in the
936936 counseling services neces sary to bring about the cessation of
937937 domestic abuse against the victim . The defendant may be required to
938938 pay all or part of t he cost of the treatment or counseling services;
939939 10. In addition to the other sentencing powers of the court,
940940 the court, in the case of a sex offender sentenced after November 1,
941941 1989, and required by law to register pursuant to the Sex Offenders
942942 Registration Act, shall require the defendant to participate in a
943943 treatment program designed specifically for th e treatment of sex
944944 offenders, if available. The treatment program will include
945945 polygraph examinations specifically designed for use with sex
946946 offenders for the purpose of supervision and treatment complian ce,
947947 provided the examination is administered by a c ertified licensed
948948 polygraph examiner. The treatment program must be approved by the
949949 Department of Corrections or the Department of Mental Health and
950950 Substance Abuse Services. Such treatment shall be at t he expense of
951951 the defendant based on the ability of the defendant to pay;
952952 11. In addition to the other sentencing powers of the court,
953953 the court, in the case of a person convicted of abuse or neglect of
954954 a child, as defined in Section 1-1-105 of Title 10A of the Oklahoma
955955 Statutes, may require the person to undergo treatment or to
956956 participate in counseling services . The defendant may be required
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983983 to pay all or part of the cost of the treatment or counselin g
984984 services;
985985 12. In addition to the other sentencing powers of the court,
986986 the court, in the case of a pe rson convicted of cruel ty to animals
987987 pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
988988 require the person to pay restitution to animal facilities for
989989 medical care and any boarding costs of victimized animals;
990990 13. In addition to the other sentencing powers of t he court, a
991991 sex offender who is habitual or aggravated as defined by Section 584
992992 of Title 57 of the Oklahoma Statutes and who is r equired to register
993993 as a sex offender pursuant to the Sex Offenders Registration Act
994994 shall be supervised by the Department of Corrections for the
995995 duration of the registration period and shall be assigned to a
996996 global position monitoring device by the Depart ment of Corrections
997997 for the duration of the registrat ion period. The cost of such
998998 monitoring device sha ll be reimbursed by th e offender;
999999 14. In addition to the other sentencing powers of the court, in
10001000 the case of a sex offender who is required by law to register
10011001 pursuant to the Sex Offenders Registration A ct, the court may
10021002 prohibit the person from accessin g or using any Intern et social
10031003 networking website that has the potential or likelihood of allowing
10041004 the sex offender to have contact with any child who i s under the age
10051005 of eighteen (18) years;
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10321032 15. In addition to the other sentencing powers of the court, i n
10331033 the case of a sex offender who is required by law to register
10341034 pursuant to the Sex Offenders Registration Act, the court shall
10351035 require the person to re gister any electronic mail address
10361036 information, instant message, chat or other Internet communication
10371037 name or identity infor mation that the person uses or intends to use
10381038 while accessing the Internet or used for other purposes of social
10391039 networking or other similar Internet communication; or
10401040 16. In addition to the other sentencing powers of the court,
10411041 and pursuant to the terms and conditions of a written plea
10421042 agreement, the court may prohibit the defendant from entering,
10431043 visiting or residing within the judic ial district in which the
10441044 defendant was convicted unt il after completion of his or her
10451045 sentence; provided, however, the court shall ensure that the
10461046 defendant has access to those services or programs for which the
10471047 defendant is required to participate as a c ondition of probation.
10481048 When seeking to enter the pro hibited judicial district for personal
10491049 business not related to his or her criminal case, the defendant
10501050 shall be required to obtain approval by the court .
10511051 B. Notwithstanding any other provision of law, a ny person who
10521052 is found guilty of a violation of any p rovision of Section 761 or
10531053 11-902 of Title 47 of th e Oklahoma Statutes or any person pleading
10541054 guilty or nolo contendere for a violation of any provision of such
10551055 sections shall be ordered to participate i n, prior to sentencing, an
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10821082 alcohol and drug assessmen t and evaluation by an assessment agency
10831083 or assessment personnel certified by the Department of Mental Health
10841084 and Substance Abuse Services for the purpose of evaluating the
10851085 receptivity to treatment and p rognosis of the person. The court
10861086 shall order the person to reimburse the agency or assessor for the
10871087 evaluation. The fee shall be the amount provided in subsection C of
10881088 Section 3-460 of Title 43A of the Oklahoma Statutes . The evaluation
10891089 shall be conducted at a certified assessment agency, the office of a
10901090 certified assessor or at another location as ordere d by the court.
10911091 The agency or assessor shall, within seventy -two (72) hours from the
10921092 time the person is assessed, submit a written report to the court
10931093 for the purpose of assisting the court in its final s entencing
10941094 determination. No person, agency or faci lity operating an alcohol
10951095 and drug substance abuse evaluation program certified by the
10961096 Department of Mental Health and Substance Abuse Services shall
10971097 solicit or refer any person evaluated pursuant to this subsection
10981098 for any treatment program or alcohol and drug substance abuse
10991099 service in which such person, agency or facility has a vested
11001100 interest; however, this provision shall not be construed to prohibit
11011101 the court from ordering participation in or any pers on from
11021102 voluntarily utilizing a treatment program o r alcohol and drug
11031103 substance abuse service offered by such person, agency or facility .
11041104 If a person is sentenced to the custody of the Department of
11051105 Corrections and the court has received a written evaluat ion report
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11321132 pursuant to this subsection, the report shall be furnished to the
11331133 Department of Corrections with the judgment and sentence . Any
11341134 evaluation report submitted to the court pursuant to this subse ction
11351135 shall be handled in a manner which will keep su ch report
11361136 confidential from the general public 's review. Nothing contained in
11371137 this subsection shall be construed to prohibit the court from
11381138 ordering judgment and sentence in the event the defendant fail s or
11391139 refuses to comply with an order of the court to obtain the
11401140 evaluation required by this subsection.
11411141 C. When sentencing a person convicted of a crime, the court
11421142 shall first consider a program of restitution for the victim, as
11431143 well as imposition of a fi ne or incarceration of the offender. The
11441144 provisions of paragraph 1 of subsection A of this section shal l not
11451145 apply to defendants being sentenced upon their third or subsequent
11461146 to their third conviction of a felony or, beginning January 1, 1993,
11471147 to defendants being sentenced for their second or subsequent fe lony
11481148 conviction for violation of Section 11 -902 of Title 47 of the
11491149 Oklahoma Statutes, except as otherwise provided in this subsection .
11501150 In the case of a person being sentenced for his or her second or
11511151 subsequent felony conviction for violation of Section 1 1-902 of
11521152 Title 47 of the Oklahoma Statutes, the cou rt may sentence the person
11531153 pursuant to the provisions of paragraph 1 of subsection A of this
11541154 section if the court orders the person to submit to electro nically
11551155 monitored home detention administered and sup ervised by the
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11821182 Department of Corrections pursuant t o subparagraph e of paragraph 7
11831183 of subsection A of this section . Provided, the court may waive
11841184 these prohibitions upon written application of the distr ict
11851185 attorney. Both the application and the waiver sh all be made part of
11861186 the record of the case.
11871187 D. When sentencing a person convicted of a crime, the judge
11881188 shall consider any victim impact statements if submitted to the
11891189 jury, or the judge in the event a jury is waived.
11901190 E. Probation, for purposes of subsec tion A of this section, is
11911191 a procedure by which a d efendant found guilty of a crime, whether
11921192 upon a verdict or plea of guilty or upon a plea of nolo contendere,
11931193 is released by the court subject to condit ions imposed by the court
11941194 and subject to supervision by the Department of Corrections, a
11951195 private supervision provider or other person designated by the
11961196 court. Such supervision shall be initiated upon an order of
11971197 probation from the court, and shall not exc eed two (2) years, unless
11981198 a petition alleging a viola tion of any condition of deferred
11991199 judgment or seeking revocation of the suspended sentence is filed
12001200 during the supervision, or as otherwise provided by law . In the
12011201 case of a person convicted of a sex of fense, supervision shall begin
12021202 immediately upon relea se from incarceration or if parole is granted
12031203 and shall not be limited to two (2) years . Provided further, any
12041204 supervision provided for in this section may be extended for a
12051205 period not to exceed the exp iration of the maximum term or terms of
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12321232 the sentence upon a determination by the court or the Division o f
12331233 Probation and Parole of the Department of Corrections that the best
12341234 interests of the public and the release will be served by an
12351235 extended period of su pervision.
12361236 F. The Department of Corrections, or such other agency as the
12371237 court may designate, shall be responsible for the monitoring and
12381238 administration of the restitution and service programs provided for
12391239 by subparagraphs a, c and d of paragraph 1 of sub section A of this
12401240 section, and shall ensure that rest itution payments are forwarded to
12411241 the victim and that service assignments are properly performed.
12421242 G. 1. The Department of Corrections is hereby authorized,
12431243 subject to funds available through appropriat ion by the Legislature,
12441244 to contract with counties for the administration of county Community
12451245 Service Sentencing Programs.
12461246 2. Any offender eligible to participate in the Program pursuant
12471247 to this section shall be eligible to participate in a county
12481248 Program; provided, participation in county-funded Programs shall not
12491249 be limited to offenders who would otherwise be sentenced to
12501250 confinement with the Department of Corrections.
12511251 3. The Department shall establish criteria and specifications
12521252 for contracts with count ies for such Programs. A county may apply
12531253 to the Department for a contract for a county -funded Program for a
12541254 specific period of time. The Department shall be responsible for
12551255 ensuring that any contracting county complies in full with
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12821282 specifications and re quirements of the contract. The contract shall
12831283 set appropriate compensation to the county for services to the
12841284 Department.
12851285 4. The Department is hereby authorized to provide technical
12861286 assistance to any county in establishing a Program, regardless of
12871287 whether the county enters into a contract pursuant to this
12881288 subsection. Technical assistance shall include app ropriate
12891289 staffing, development of community resources, sponsorship,
12901290 supervision and any other requirements.
12911291 5. The Department shall annually make a rep ort to the Governor,
12921292 the President Pro Tempore of the Senate and the Speaker of the House
12931293 on the number of such Programs, the number of participating
12941294 offenders, the success rates of each Program according to criteria
12951295 established by the Department and the c osts of each Program.
12961296 H. As used in this section:
12971297 1. "Ignition interlock device " means a device that, without
12981298 tampering or intervention by another person, would prevent the
12991299 defendant from operating a motor vehicle if the defendant has a
13001300 blood or breath alcohol concentration of two-hundredths (0.02) or
13011301 greater;
13021302 2. "Electronically monitored home detention " means
13031303 incarceration of the defendant within a specified location or
13041304 locations with monitoring by means of a device approved by the
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13311331 Department of Correct ions that detects if the person leaves the
13321332 confines of any specified location; and
13331333 3. "Victims impact panel program" means a program conducted by
13341334 a corporation registered with the Secretary of State in Oklahoma for
13351335 the sole purpose of operating a victims impact panel program. The
13361336 program shall include live presentations from presenters who will
13371337 share personal stories with participants about how alcohol, drug
13381338 abuse, the operation of a motor vehicle while using an electronic
13391339 communication device or the ille gal conduct of others has personally
13401340 impacted the lives of the presenters. A victims impact panel
13411341 program shall be attended by persons who have committed the offense
13421342 of driving, operating or being in actual physical control of a motor
13431343 vehicle while under the influence of alcohol or other intoxicating
13441344 substance, operating a motor vehicle while the ability of the person
13451345 to operate such vehicle was impaired due to the consumption of
13461346 alcohol or any other substance or operating a motor vehicle while
13471347 using an electronic device or by persons who have been convicted of
13481348 furnishing alcoholic beverage to persons under twenty-one (21) years
13491349 of age, as provided in Sections 6 -101 and 6-120 of Title 37A of the
13501350 Oklahoma Statutes. Persons attending a victims impact panel p rogram
13511351 shall be required to pay a fee of Seventy -five Dollars ($75.00) to
13521352 the provider of the program . A certificate of completion shall be
13531353 issued to the person upon satisfying the attendance and fee
13541354 requirements of the victims impact panel program . The certificate
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13811381 of completion shall contain the business identification number of
13821382 the program provider . A certified assessment agency, certified
13831383 assessor or, provider of an alcohol and drug substance abuse course ,
13841384 or an individual, legal or commercial business entity that holds any
13851385 business license issued in ac cordance with the Oklahoma Alcoholic
13861386 Beverage Control Act or the Oklahoma Medical Marijuana and Patient
13871387 Protection Act shall be prohibited from providing a victims im pact
13881388 panel program and shall further be prohibited from having any
13891389 proprietary or pecuniary in terest in a victims impact panel program .
13901390 The provider of the victims impact panel program shall carry general
13911391 liability insurance and maintain an accurate accou nting of all
13921392 business transactions and funds received in relation to the victims
13931393 impact panel program. Beginning October 1, 2020, and each October 1
13941394 thereafter, the provider of the victims impact panel program shall
13951395 provide to the District Attorneys Counc il the following:
13961396 a. proof of registration with the Okla homa Secretary of
13971397 State,
13981398 b. proof of general liability insurance,
13991399 c. end-of-year financial statements prepared by a
14001400 certified public accountant,
14011401 d. a copy of federal income tax returns filed with the
14021402 Internal Revenue Service,
14031403 e. a registration fee of One T housand Dollars
14041404 ($1,000.00). The registration fee shall be deposited
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14311431 in the District Attorneys Council Revolving Fund
14321432 created in Section 215.28 of Title 19 of the Oklahoma
14331433 Statutes, and
14341434 f. a statement certifying that the provider of the
14351435 victims impact panel program has complied with all of
14361436 the requirements set forth in this paragraph.
14371437 I. A person convicted of a felony offense or receiving any form
14381438 of probation for an offense in which registration is required
14391439 pursuant to the Sex Offenders Registration Act, shall submit to
14401440 deoxyribonucleic acid (DNA) testing for law enforcement
14411441 identification purposes in accordance with Section 150.27 of Title
14421442 74 of the Oklahoma Statutes and the rules promulgated by the
14431443 Oklahoma State Bureau of Investigation for the OSBI Com bined DNA
14441444 Index System (CODIS) Databas e. Subject to the availability of
14451445 funds, any person convicted of a misdemeanor offense of assault and
14461446 battery, domestic abuse, stalking, possession of a controll ed
14471447 substance prohibited unde r the Uniform Controlled Dan gerous
14481448 Substances Act, outraging publi c decency, resisting arrest, escape
14491449 or attempting to escape, eluding a police officer, Peeping Tom,
14501450 pointing a firearm, threatening an act of violence, breaking a nd
14511451 entering a dwelling place, destruction of property, n egligent
14521452 homicide or causing a persona l injury accident while driving under
14531453 the influence of any intoxicating substance, or any alien unlawfully
14541454 present under federal immigration law, upon arrest, sha ll submit to
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14811481 DNA testing for law enforcement identificat ion purposes in
14821482 accordance with Sectio n 150.27 of Title 74 of the Oklahoma Statutes
14831483 and the rules promulgated by the Oklahoma State Bureau of
14841484 Investigation for the OSBI Combined DNA Index System (CODI S)
14851485 Database. Any defendant sentenced to probation shall be required to
14861486 submit to testing with in thirty (30) days of sentencing either to
14871487 the Department of Corrections or to the county sheriff or other
14881488 peace officer as directed by the court . Defendants who are
14891489 sentenced to a term of incarceration shall submit to testing in
14901490 accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
14911491 for those defendants who enter the custody of the Department of
14921492 Corrections or to the county sheriff, for those defend ants sentenced
14931493 to incarceration in a county jail . Convicted individuals who have
14941494 previously submitted to DNA testing under this section and for whom
14951495 a valid sample is on file in the OSBI Combined DNA Index System
14961496 (CODIS) Database at the time of sentencing shall not be required to
14971497 submit to additional testing . Except as required by the Sex
14981498 Offenders Registration Act, a deferred judgment does not require
14991499 submission to DNA testing.
15001500 Any person who is incarcerated in the custody of the Department
15011501 of Corrections after July 1, 1996, and who has not been released
15021502 before January 1, 2006, shall provide a bl ood or saliva sample prior
15031503 to release. Every person subject to DNA testing after January 1,
15041504 2006, whose sentence does not include a term of confinement with the
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15311531 Department of Corrections shall submit a blood or saliva sample.
15321532 Every person subject to DNA testing who is sentenced to unsupervised
15331533 probation or otherwise not supervised by the Department of
15341534 Corrections shall submit for blood or saliva testing to the sh eriff
15351535 of the sentencing county.
15361536 J. Samples of blood or saliva for DNA testing required by
15371537 subsection I of this section shall be taken by employees or
15381538 contractors of the Department of Corrections, peace officers, or the
15391539 county sheriff or employees or contr actors of the sheriff 's office.
15401540 The individuals shall b e properly trained to collect blood or saliva
15411541 samples. Persons collecting blood or saliva for DNA testing
15421542 pursuant to this section shall be immune from civil liabilities
15431543 arising from this activity . All collectors of DNA samples shall
15441544 ensure the collectio n of samples are mailed to the Oklahom a State
15451545 Bureau of Investigation within ten (10) days of the time the subject
15461546 appears for testing or within ten (10) days of the date the subject
15471547 comes into physical custody to serve a term of incarceration . All
15481548 collectors of DNA samples shall use sample k its provided by the OSBI
15491549 and procedures promulgated by the OSBI . Persons subject to DNA
15501550 testing who are not received at the Lexington Assessment and
15511551 Reception Center shall be required to pay a fee of Fifteen Dollars
15521552 ($15.00) to the agency collecting the s ample for submission to the
15531553 OSBI Combined DNA Index System (CODIS) Database . Any fees collected
15541554 pursuant to this subsection shall be deposited in the revolving
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15811581 account or the service fee account of the collection agen cy or
15821582 department.
15831583 K. When sentencing a person who has been convicted of a crime
15841584 that would subject that person to the provisions of the Sex
15851585 Offenders Registration Act, neither the court nor the distr ict
15861586 attorney shall be allowed to waive or exempt such pe rson from the
15871587 registration requirement s of the Sex Offenders Registration Act.
15881588 SECTION 2. This act shall become effective November 1, 2023.
15891589
15901590 59-1-5786 GRS 01/10/23