OK
Oklahoma House Bill HB2433

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2433 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (202 3)
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3232 HOUSE BILL 2433 By: Lowe (Jason)
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3838 AS INTRODUCED
3939
4040 An Act relating to drug courts; amending 22 O.S.
4141 2021, Sections 471.1, 471.2 and 471.3, as amended by
4242 Sections 1, 2 and 3, Chapter 277, O.S.L. 2022 (22
4343 O.S. Supp. 2022, Sections 471.1, 471.2 and 471.3),
4444 which relate to the Oklahoma Drug Court Act ; deleting
4545 certain eligibility restriction and recommendation
4646 requirements; authorizing court to overrule or
4747 sustain objections made by the d istrict attorney; and
4848 providing an effective date.
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5454 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5555 SECTION 1. AMENDATORY 22 O.S. 2021, Section 471.1, as
5656 amended by Section 1, Chapter 277, O.S.L. 2022 (22 O.S. Sup p. 2022,
5757 Section 471.1), is amended to read as follows:
5858 Section 471.1 A. For purposes of the Oklahoma Drug Cou rt Act,
5959 "drug court", "drug court program" or "program" means an immediate
6060 and highly structured j udicial intervention process for substance
6161 abuse treatment of eligible offenders which expedites the criminal
6262 case and requires successful completion of the p lea agreement.
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8989 B. Each district court of this state is authorized to establish
9090 a drug court program pursuant to the provisions of the Oklahoma Drug
9191 Court Act, subject to availability of funds.
9292 C. Eligible offenses may be restricted by the rules of the
9393 specific drug court program. Nothing in the Oklahoma Drug Court Act
9494 shall be construed to require a drug court to consider ever y
9595 offender with a treatable condition or addiction even if the
9696 controlling offense is eligible for consideration in the program.
9797 Traditional prosecution sh all be required where an offender is
9898 determined not appropriate for the drug court program. Juvenile
9999 drug courts may be established based upon the provisions of the
100100 Oklahoma Drug Court Act; pro vided, however, a juvenile shall not be
101101 held, processed, or treated in any manner which violates any
102102 provision of Title 10A of the Oklaho ma Statutes.
103103 D. Drug court programs shall require a separate judicial
104104 processing system differing in practice and des ign from the
105105 traditional adversarial criminal prosecution and t rial systems.
106106 Whenever possible, a drug court team sh all be designated consisting
107107 of a judge to preside over the drug court judicial process and hold
108108 proceedings where participants are advanced through the program, a
109109 district attorney, a defense attorney, a drug court coordinator, and
110110 other persons designated by the drug court team who shall have
111111 appropriate understanding of the goals of the program and of the
112112 appropriate treatment met hods for the various conditions. The
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139139 assignment of any perso n to the drug court team shall not preclude
140140 the assigned person from performing other duties requir ed in the
141141 course of their office or employment. The chief judge of the
142142 judicial district, or if the district has more than one chief judge
143143 then the presiding judge of the Administrative Judicial District,
144144 shall designate one or more judges to preside over cases assigned to
145145 the drug court program. The assignment of any judge to a drug court
146146 program or the designation of a drug court docket shall no t mandate
147147 the assignment of all substance abuse -related cases to the drug
148148 court docket or the progr am; however, nothing in the Oklahoma Drug
149149 Court Act shall be construed to preclude the assignment of all
150150 criminal cases relating to substance abuse or drug p ossession as
151151 provided by the rules established for the specific drug court
152152 program. Judicial immunity shall extend to any duty required by law
153153 to be performed by a judge of a drug court.
154154 E. When a drug court program is established, the arresting
155155 officer shall file the criminal case record for potentially el igible
156156 offenders with the district attorney within four (4) days of the
157157 arrest. The district attorney shall file an information in the case
158158 within twenty-four (24) hours of receipt of the criminal case record
159159 when the offender appears eligible for conside ration for the
160160 program. The information may be amended as necessary when an
161161 offender is denied admittance into the drug court program or for
162162 other purposes as provided in Section 304 of this title. Any person
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189189 arrested upon a warrant for his or her arrest shall not be eligible
190190 for the drug court pr ogram without the approval of the district
191191 attorney. Any criminal case which has been filed and processed in
192192 the traditional manner shall be cross-referenced to a drug court
193193 case file by the court clerk if the c ase is subsequently assigned to
194194 the drug court program. The originating criminal case file shall
195195 remain open to public inspection. The judge shall determine what
196196 information or pleadings are to be ret ained in the drug court case
197197 file, which shall be clos ed to public inspection.
198198 F. The court may request assistance from the Department of
199199 Mental Health and Substance Abuse Services which shall be the
200200 primary agency to assist in developing and implementing a drug court
201201 program or from any state or local agenc y in obtaining the necessary
202202 treatment services which will assure maximum opportunity for
203203 successful treatment, education and rehabilitation for offenders
204204 admitted to the program. All participating sta te and local agencies
205205 are directed to coordinate with each other and cooperate in
206206 assisting the district court in establishing a drug court program.
207207 G. Each drug court program shall apply recognized best
208208 practices including but not limited to:
209209 1. Strong linkage between participating agencies;
210210 2. Access by all participating parties of a case to information
211211 on the progress of the offender;
212212 3. Vigilant supervision and monitoring procedures;
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239239 4. Random substance abuse testing;
240240 5. Provisions for noncompliance, modification of the treatment
241241 plan and revocation proceedings;
242242 6. Availability of residential treatment facilities and
243243 outpatient services;
244244 7. Payment of court costs, treatment costs, supervision fees
245245 and program user fees by the offender;
246246 8. Methods for measuring application of disciplinary sanctions
247247 including provisions fo r:
248248 a. increased supervision,
249249 b. urinalysis testing,
250250 c. intensive treatment,
251251 d. short-term confinement not to exceed five (5) days,
252252 e. recycling the offender into the program after a
253253 disciplinary action for a minimum violat ion of the
254254 treatment plan,
255255 f. reinstating the offender into the program after a
256256 disciplinary action for a major violation of the
257257 treatment plan, and
258258 g. revocation from the program; and
259259 9. Methods for measuring performance-based effectiveness of
260260 each individual treatment provider 's services.
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287287 H. All drug court programs shall be required to keep reliable
288288 data on recidivism, relapse, restarts, sanctions imposed and
289289 incentives given.
290290 I. All funds received by a drug court, in its capacity as a
291291 drug court program, shall be credited to and accounted for in the
292292 county treasurer's office in a special cash fun d to be known as the
293293 "Drug Court Fund". Each drug court fund shall be a continuing fund,
294294 not subject to fiscal year limitations, and shall be dedicated to
295295 the operation of the drug court as authorized by law. The
296296 expenditures of any funds received by a d rug court program and
297297 deposited with the county treasurer shall be made only upon sworn
298298 itemized claims approved by the county clerk, filed with the county
299299 treasurer and paid by cash voucher drawn by the county treasurer
300300 from the funds.
301301 J. Nothing in this section shall prohibit any county from
302302 establishing a drug court for misdemeanor offenses. Such
303303 misdemeanor drug courts shall follow the rules and regulatio ns of
304304 felony drug courts except that the penalty for revocation shall not
305305 exceed one (1) year in t he county jail or the maximum penalty for
306306 the misdemeanor allowed by statute, whichever is less. The
307307 Department of Mental Health and Substance Abuse Services shall
308308 provide technical assistance to the counties that establish
309309 misdemeanor drug courts.
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336336 SECTION 2. AMENDATORY 22 O.S. 2021, Section 471.2, as
337337 amended by Section 2, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2022,
338338 Section 471.2), is amended to read as follows:
339339 Section 471.2 A. The opportunity for review of an offender for
340340 a drug court program shall occur at any time prior to disposition of
341341 the case and sentencing of the offender including sentencing on a
342342 petition to revoke a suspended sentence or any probation violation.
343343 B. When a drug court is established, the following information
344344 shall be initially reviewed by the sheriff or designee, if the
345345 offender is held in a county jail, or by t he chief of police or
346346 designee, if the offender is held in a city jail:
347347 1. The offender has no prior felony conviction in this state or
348348 another state for a domestic violence offense within the last ten
349349 (10) years, except as may be allowed in a domestic vio lence
350350 treatment program authorized by the drug court progr am. It shall be
351351 sufficient for this paragraph that a criminal history records name
352352 search was conducted and indicated no apparent domestic violence
353353 offense. An offender admitted to the drug court program for a crime
354354 which requires the offender to attend a batterers' intervention
355355 program certified by the Attorney General's office shall be required
356356 to undergo such treatment as a condition of drug court ;
357357 2. The offender's charge does not invol ve a violation of the
358358 Trafficking In Illegal Drugs Act;
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385385 3. The offender has committed a felony offense or a misdemeanor
386386 offense where a misdemeanor drug court is authorized; and
387387 4. The offender:
388388 a. admits to having a substance abuse addiction,
389389 b. appears to have a substance abuse addiction,
390390 c. is known to have a substance abuse addiction,
391391 d. the arrest or charge is based upon an offense eligible
392392 for the drug court program, or
393393 e. is a person who has had an assessment authorized by
394394 Section 3-704 of Title 43A of the Oklahoma Statutes or
395395 drug court investigation and the assessment or
396396 investigation recommends the drug court progr am.
397397 C. If it appears to the reviewing officer that the offender may
398398 be potentially eligible for the drug court program based upon a
399399 review of the information in subsection B of this section, the
400400 offender shall be given a n eligibility form which may be voluntarily
401401 completed by the offender, and the reviewing officer shall file the
402402 criminal case record within the time prescribe d in subsection E of
403403 Section 471.1 of this title. The offender may request consideration
404404 for the drug court program a s provided in subsection D of this
405405 section. The eligibility form shall describe the drug court program
406406 for which the offender may be eligible including, but not limited
407407 to:
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434434 1. A full description of the drug court process and
435435 investigation;
436436 2. A general explanation of the roles and autho rity of the
437437 supervising staff, the district attorney, the defense attorney, the
438438 treatment provider, the offender, and t he judge presiding over the
439439 cases in the drug court program;
440440 3. A clear statement that the drug court judge may decide after
441441 a hearing not to consider the offender fo r the drug court program
442442 and in that event the offender will be prosecuted in the traditional
443443 manner;
444444 4. A clear statement that the offender is required, before
445445 consideration in the program, to enter a guilty plea as part of a
446446 written plea agreement;
447447 5. A clear statement that the plea agreement will specify the
448448 offense to which the guilty plea will b e entered and will state any
449449 penalty to be imposed for the offense, both in the event of a
450450 successful completion of the drug cou rt program, and in the event o f
451451 a failure to complete the program;
452452 6. A clear statement that the offender must voluntarily agr ee
453453 to:
454454 a. waive the right to a speedy trial,
455455 b. waive the right to a preliminary hearing,
456456 c. the terms and conditions of a treat ment plan, and
457457 d. sign a performance contract with the drug court;
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484484 7. A clear statement that the offender, if accepted int o the
485485 drug court program, m ay not be incarcerated for the offense in a
486486 state correctional institution or jail upon successful compl etion of
487487 the program;
488488 8. A clear statement that during participation in the drug
489489 court program should the offender fail to comply with the terms of
490490 the agreement, the offender may be sanctioned to serve a term of
491491 confinement of six (6) months in an inter mediate revocation facility
492492 operated by the Department of Corrections. An offender shall not be
493493 allowed to serve more than t wo separate terms of confine ment in an
494494 intermediate revocation facility;
495495 9. A clear statement that during participation in the dr ug
496496 court program should the offende r:
497497 a. fail to comply with the terms of the agreements,
498498 b. be convicted of a misdemeanor offense which reflects a
499499 propensity for violence,
500500 c. be arrested for a violent felony offense, or
501501 d. be convicted of any felony o ffense,
502502 the offender may be required, a fter a court hearing, to be
503503 revoked from the program and sentenced without trial
504504 pursuant to the punishment provisions of the negotiated
505505 plea agreement; and
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532532 10. An explanation of the criminal record retention and
533533 disposition resulting from participation i n the drug court program
534534 following successful completion of the program.
535535 D. 1. The offender may request consideration for the drug
536536 court program as follows:
537537 a. if the offender is incarcerated, the offender mu st
538538 sign and complete the eligibility form a nd return it
539539 to the sheriff, if the offender is held in the county
540540 jail; or to the chief of police, if the offender is
541541 held in a city jail. The sheriff or chief of police,
542542 upon receipt of the completed eligibility form, shall
543543 file the form with the drug court coordinator who
544544 shall forward the form to the district attorney and
545545 the judge assigned to the offender's case, or
546546 b. after release of the offender from incarceration, the
547547 offender must sign and c omplete the eligibility form
548548 and file it with the drug court coordinator or the
549549 court, prior to or at the time of either initial
550550 appearance or arraignment. The drug court coordinator
551551 shall forward the form to the district attorney and
552552 the judge assigned to the offend er's case.
553553 2. Any offender desiring legal consultation prior to signing or
554554 completing the form for consideration in a drug court program shall
555555 be referred to the def ense attorney of the drug court team, or a
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582582 public defender, if the offender is indigent, or allowed to consult
583583 with private legal counsel.
584584 3. Nothing contained in the provisions of this subsection shall
585585 prohibit the drug court from considering any offende r deemed
586586 eligible for the program at any time prior to sentencing whose case
587587 has been prosecuted in the traditional manner, or upon a violation
588588 of parole or probation conditions relating to substance abuse, upon
589589 recommendation of the district attorney as provided in Section 471.8
590590 of this title.
591591 E. When an offender has filed a request to be considered for a
592592 drug court program, an initial hearing shall be set before the drug
593593 court judge. The hearing shall be not less than three (3) work days
594594 nor more than five (5) work days after the date of the filing of the
595595 request form. Notice of the hearing shall be gi ven to the drug
596596 court team, or in the event no drug court team is designated, to the
597597 offender, the district attorney, and to the public defender. The
598598 offender shall be required to notify any private legal counsel of
599599 the date and time of the hearing.
600600 SECTION 3. AMENDATORY 22 O.S. 2021, Section 471.3, as
601601 amended by Section 3, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2022,
602602 Section 471.3), is amended to read as follows:
603603 Section 471.3 A. At the initial hearing for consideration of
604604 an offender for a drug court program, the district attorney shall
605605 determine whether:
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632632 1. The offender has app roval to be considered for the dr ug
633633 court program; and
634634 2. Any statutory preclusion, other prohibition, or program
635635 limitation exists and is applicable to consider ing the offender for
636636 the program.
637637 The district attorney may object to the consideration of an
638638 offender for the drug court program at the init ial hearing.
639639 B. If the offender voluntarily consents to be considered for
640640 the drug court program and has signed and filed the required form
641641 requesting consideration, and no objection has bee n made by the
642642 district attorney, the court may refer the offender for a drug court
643643 investigation as provided in Section 471.4 of this title, and set a
644644 date for a hearing to determi ne final eligibility for admittance
645645 into the program.
646646 C. Upon any objection of the district attorney fo r
647647 consideration of an offend er for the program, the court shall deny
648648 consideration of the offender's request may overrule the objection
649649 or sustain the objection of the district attorney. If the court
650650 overrules the objection and determines that the offender is eligible
651651 for participation in the drug court program , the court shall refer
652652 the offender for a drug court investigation as provided in Section
653653 471.4 of this title, and set a date for a hearing to determine final
654654 eligibility for admittance into the program . Upon denial for
655655 consideration If the court sustains the objection of the district
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682682 attorney and denies the offender 's request for participation in the
683683 drug court program at the initial hearing, the criminal case sha ll
684684 proceed in the traditional manner. A denial of consideration of the
685685 offender for the program sh all not preclude any future consideration
686686 of the offender for the drug c ourt program with the approval of the
687687 district attorney.
688688 SECTION 4. This act shall become effective November 1, 2023.
689689
690690 59-1-6184 GRS 01/09/23