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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2490 By: Hill
COMMITTEE SUBSTITUTE
[ criminal procedure – district attorneys – extension
of supervision – dismissal of charges – effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 982a, is
amended to read as follows:
Section 982a. A. 1. Any time within sixty (60) months after
the initial sentence is imposed or within sixty (60) months after
probation has been rev oked, the court imposing sentence or
revocation of probation may modify such sentence or re vocation by
directing that another sentence b e imposed, if the court is
satisfied that the best interests of the public will not be
jeopardized; provided, however, t he court shall not impose a
deferred sentence. Any application for sentence modification t hat
is filed and ruled upon beyond twelve (12 ) months of the initial
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sentence being impos ed must be approved by the district attorney wh o
shall provide written notic e to any victims in the case which is
being considered for modification.
2. The court imposing sentence may modify the sentence of any
offender who was originally sentenced for a drug charge and ordered
to complete the Drug Of fender Work Camp at the Bill Johnson
Correctional Facility and direct th at another sentence be imposed,
if the court is satisfied that the best interests of the publ ic will
not be jeopardized; provided, howeve r, the court shall not impose a
deferred sentence. An application for sente nce modification
pursuant to this paragraph may be filed and ruled upon beyond the
initial sixty-month time period provided for in parag raph 1 of this
subsection.
3. This section shall not apply to convicted felons who have
been in confinement in any stat e or federal prison system for any
previous felony conviction during the ten -year period preceding the
date that the sentence this secti on applies to was imposed.
Further, without the consent of the district attorney, this sec tion
shall not apply to sente nces imposed pursuant to a plea agreement o r
jury verdict.
B. The court imposing the sente nce may modify the sentence of
any offender sentenced to life without parole for an offen se other
than a violent crime, as enumerated in Section 571 of Title 57 of
the Oklahoma Statutes, who has served at lea st ten (10) years of the
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sentence in the custody of the Department of Corrections upon a
finding that the best interests of the public wi ll not be
jeopardized. Provided; however, prio r to granting a sentence
modification under the provisions of this subse ction, the court
shall provide notice of the hea ring to determine sentence
modification to the victim or representative of the victim and shall
allow the victim or representative of th e victim the opportunity to
provide testimony at the hearing. The court shall consider the
testimony of the victim or r epresentative of the victim when
rendering a decision to modify the sentence of an offend er.
C. For purposes of judicial review, upon c ourt order or written
request from the sentencing judge, the Department of Corrections
shall provide the court imposing sentence or revocation of probation
with a report to include a summary of the assessed ne eds of the
offender, any progress made by the o ffender in addressing his or her
assessed needs, and any other informati on the Department can supply
on the offender. The court shall consider such reports when
modifying the sentence or revocation of probati on. The court shall
allow the Department of Co rrections at least twenty (20 ) days after
receipt of a request or order from the court to prepare the required
reports.
D. If the court considers modification of th e sentence or
revocation of probation, a hea ring shall be made in open court after
receipt of the reports required in su bsection C of this section.
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The clerk of the court imposing sentence or revocation of prob ation
shall give notice of the judicial revie w hearing to the Department
of Corrections, the offender, the legal counsel of the offender , and
the district attorney o f the county in which the offender was
convicted upon receipt of the reports. Such notice shall be mailed
at least twenty-one (21) days prior to the hearing date and shall
include a copy of the report and any other written inf ormation to be
considered at the judicial review hearing.
E. If an appeal is taken from the original sentence or from a
revocation of probation which results in a m odification of the
sentence or modification to the revocation of probation of the
offender, such sentence may be further modified in the manner
described in paragraph 1 of subsection A of this section within
sixty (60) months after the receipt by the clerk of the district
court of the mandate from t he Supreme Court or the Court of Criminal
Appeals.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 991a, is
amended to read as follows:
Section 991a. A. Except as otherwise provided in t he Elderly
and Incapacitated Victim's Protecti on Program, when a defendant is
convicted of a crime and no death sentence i s imposed, the court
shall either:
1. Suspend the execution of sentence in whole or in part, with
or without probation. The court, in addition, may order the
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convicted defendant at the time of sentencing or at any time during
the suspended sentence to do one or more of the following:
a. to provide restitutio n to the victim as provided by
Section 991f et seq. of this title or according to a
schedule of payments established by the s entencing
court, together with interest upon an y pecuniary sum
at the rate of twelve percent (12%) per annum, if the
defendant agrees to pay such restitution or, in the
opinion of the court, if the defendant is able to pay
such restitution without imposing manifest hardship on
the defendant or the imme diate family and if the
extent of the damage to the victim is determinable
with reasonable certainty,
b. to reimburse any state a gency for amounts paid by the
state agency for hospital and medical expenses
incurred by the victim or victims, as a result of the
criminal act for which su ch person was convicted,
which reimbursement shall be m ade directly to the
state agency, with intere st accruing thereon at the
rate of twelve percent (12%) per annum,
c. to engage in a term of community service without
compensation, according to a schedule consistent with
the employment and family responsibili ties of the
person convicted,
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d. to pay a reasonable sum into any trust fund
established pursuant to the provisions of Sectio ns 176
through 180.4 of Title 60 of the Oklahom a Statutes and
which provides restitution payments by convicted
defendants to victim s of crimes committed within this
state wherein such victim has incurred a fina ncial
loss,
e. to confinement in the county ja il for a period not to
exceed six (6) months,
f. to confinement as provided by law together with a term
of post-imprisonment community supervision for not
less than three (3) y ears of the total term allowed by
law for imprisonment, with or without restitut ion;
provided, however, the authority of this p rovision is
limited to Section 843.5 of Title 21 of the Oklahoma
Statutes when the offense involved sexual abuse or
sexual exploitation; Sections 681, 741 and 843. 1 of
Title 21 of the Oklahoma Statutes when th e offense
involved sexual abuse or sexual explo itation; and
Sections 865 et seq., 885, 886, 888, 891, 1021,
1021.2, 1021.3, 1040.13 a, 1087, 1088, 1111.1, 1115 and
1123 of Title 21 of the Oklahoma Statutes,
g. to repay the reward or part of the reward paid by a
local certified crime stoppers program and the
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Oklahoma Reward System . In determining whether the
defendant shall repay the r eward or part of the
reward, the court shall consider the ability of the
defendant to make the payment, the financial hardshi p
on the defendant to make the required payment and the
importance of the in formation to the prosecution of
the defendant as provid ed by the arresting officer or
the district attorney with due regard for the
confidentiality of the records of the local cert ified
crime stoppers program and the Oklahoma R eward System.
The court shall assess this repayment against the
defendant as a cost of prosecution. The term
"certified" means crime stoppers organizations that
annually meet the certification standards for crime
stoppers programs established by the Okla homa Crime
Stoppers Association to the extent those standards do
not conflict with state statutes. The term "court"
refers to all municipal and district courts wi thin
this state. The "Oklahoma Reward System" means the
reward program established by Sectio n 150.18 of Title
74 of the Oklahoma Statutes,
h. to reimburse the Oklahoma State Bu reau of
Investigation for costs incurred by t hat agency during
its investigation of the crime for which the defendant
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pleaded guilty, nolo contendere or was convicted
including compensation for laborat ory, technical or
investigation services performed by t he Bureau if, in
the opinion of the court, th e defendant is able to pay
without imposing manifest hardship on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defe ndant's case may be
determined with reasonable certaint y,
i. to reimburse the Oklahoma State Bureau of
Investigation and any authorize d law enforcement
agency for all costs incurre d by that agency for
cleaning up an illegal d rug laboratory site for which
the defendant pleaded guilty, nolo contendere or was
convicted. The court clerk shall collect the am ount
and may retain five percent ( 5%) of such monies to be
deposited in the Cour t Clerk's Revolving Fund to cover
administrative costs and shall remit the r emainder to
the Oklahoma State Bureau of Investigation to be
deposited in the OSBI Revolving Fund es tablished by
Section 150.19a of Ti tle 74 of the Oklahoma Statutes
or to the general fund wherein the other law
enforcement agency is located,
j. to pay a reasonable sum to the Crime Victims
Compensation Board, c reated by Section 142.2 et seq.
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of Title 21 of the Oklahoma Statutes, for the b enefit
of crime victims,
k. to reimburse the court fund for amounts paid to court-
appointed attorneys for representing the defendant in
the case in which the person is being sen tenced,
l. to participate in an assessment an d evaluation by an
assessment agency or assessment personnel certified by
the Department of Mental Health and Substance Ab use
Services pursuant to Section 3 -460 of Title 43A of the
Oklahoma Statutes and, as dete rmined by the
assessment, participate in an a lcohol and drug
substance abuse course or treatment program or both,
pursuant to Sections 3-452 and 3-453 of Title 43A of
the Oklahoma Statutes, or as order ed by the court,
m. to be placed in a victims impact pa nel program, as
defined in subsection H of th is section, or
victim/offender reconciliation program and payment of
a fee to the program of Seventy-five Dollars ($75.00 )
as set by the governing authority of the program to
offset the cost of participation by the defendant.
Provided, each victim/offende r reconciliation program
shall be required to obtain a written consent form
voluntarily signed by the victim and defendan t that
specifies the methods to be used to resolve the
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issues, the obligations and rights of each person and
the confidentiality of the proceedings. Volunteer
mediators and employees of a victim/offender
reconciliation program shall be immune from liabili ty
and have rights of confidentiali ty as provided in
Section 1805 of Title 12 of the Oklah oma Statutes,
n. to install, at the expense o f the defendant, an
ignition interlock device approved by the Board of
Tests for Alcohol and Drug Influence. The device
shall be installed upon every motor vehicle operated
by the defendant, and the court shall require that a
notation of this restriction be affixed to the
defendant's driver license. The restriction shall
remain on the driver license not exceeding two (2)
years to be determined by the court . The restriction
may be modified or removed only by or der of the court
and notice of any modificati on order shall be given to
the Department of Public Safety. Upon the expiration
of the period for the restriction, the Department of
Public Safety shall re move the restriction without
further court order. Failure to comply with the order
to install an ignition interlock device or operati ng
any vehicle without a device during the per iod of
restriction shall be a violation of the sentence and
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may be punished as deemed proper by the sentencing
court. As used in this paragraph, "ignition interlock
device" means a device that, without tamperi ng or
intervention by another person, would pr event the
defendant from operating a mot or vehicle if the
defendant has a blood or breath alcohol concentration
of two-hundredths (0.02) or greater,
o. to be confined by electr onic monitoring administered
and supervised by the Department of Corrections or a
community sentence provider, and paym ent of a
monitoring fee to the superv ising authority, not to
exceed Three Hundred Dollars ($ 300.00) per month. Any
fees collected pursua nt to this subparagraph shall be
deposited with the appropriate supervising auth ority.
Any willful violation of an ord er of the court for the
payment of the monitoring fee shall be a violation of
the sentence and may be punished as deemed proper by
the sentencing court. As used in this paragraph,
"electronic monitoring" means confin ement of the
defendant within a specifi ed location or locations
with supervision by means of an electronic device
approved by the Department of Corrections which is
designed to detect if the defendant is in the court-
ordered location at the required times and which
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records violations for invest igation by a qualified
supervisory agency or person,
p. to perform one or more courses of tr eatment, education
or rehabilitation for any conditions, behaviors,
deficiencies or disorders which may contribute to
criminal conduct including but not limited to alcohol
and substance abuse, mental h ealth, emotional health,
physical health, propensity fo r violence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, educa tion or any other
identifiable deficiency which may be treated
appropriately in the community and fo r which a
certified provider or a program recognized by the
court as having sign ificant positive impact exists in
the community. Any treatment, education o r
rehabilitation provider required to be certified
pursuant to law or rule shall be certified by the
appropriate state agency or a nat ional organization,
q. to submit to periodic t esting for alcohol,
intoxicating substance or controlled dangerous
substances by a qualified laboratory,
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r. to pay a fee or costs for treatment, education,
supervision, partici pation in a program or any
combination thereof as determined by the court, based
upon the defendant's ability to pay the fees or costs,
s. to be supervised by a Department of Corrections
employee, a private supe rvision provider or other
person designated by the court,
t. to obtain positive behavior modeling by a trained
mentor,
u. to serve a term of confinement in a restrictive
housing facility available in t he community,
v. to serve a term of confinement in the county jail at
night or during weekends pursu ant to Section 991a-2 of
this title or for work release,
w. to obtain employment or participate in employment-
related activities,
x. to participate in manda tory day reporting to
facilities or persons for service s, payments, duties
or person-to-person contacts as specified by the
court,
y. to pay day fines not to exceed fifty percent ( 50%) of
the net wages earned. For purposes of this paragraph,
"day fine" means the offender is ordered to pay an
amount calculated as a percentage of net daily wages
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earned. The day fine shall be paid to the local
community sentencing system as reparatio n to the
community. Day fines shall be used to support the
local system,
z. to submit to blood or saliva testing as required by
subsection I of this section,
aa. to repair or restore property damaged by the
defendant's conduct, if the court determines the
defendant possesses sufficient skill to repair or
restore the property and the victim consents to the
repairing or restoring of th e property,
bb. to restore damaged property i n kind or payment of out -
of-pocket expenses to the victim, if the court is able
to determine the actual out-of-pocket expenses
suffered by the victim,
cc. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offend er is
deemed appropriate for parti cipation,
dd. in the case of a person convicte d of prostitution
pursuant to Section 1029 of T itle 21 of the Oklahoma
Statutes, require such person to receive counseling
for the behavior which may have caused such person to
engage in prostitution activities . Such person may be
required to receive coun seling in areas including but
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not limited to alcohol and substance abuse, se xual
behavior problems or domestic abuse or child abuse
problems,
ee. in the case of a sex offender sentenced after November
1, 1989, and required by law to register pursuant to
the Sex Offender Registration Act, the court shal l
require the person to compl y with sex offender
specific rules and conditions of su pervision
established by the Department of Co rrections and
require the person t o participate in a treatment
program designed for the treatment of sex offenders
during the period of time while the offen der is
subject to supervision by the Department of
Corrections. The treatment program shall include
polygraph examinations specifical ly designed for use
with sex offenders for pur poses of supervision and
treatment compliance, and shall be administered not
less than each six (6) months during the period of
supervision. The examination shall be administe red by
a certified licensed polygr aph examiner. The
treatment program must be a pproved by the Department
of Corrections or the Department of Mental Health and
Substance Abuse Services . Such treatment shall be at
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the expense of the defendant based on the defendant's
ability to pay,
ff. in addition to other sentencing powers of the co urt,
the court in the case of a defendant being sentenced
for a felony conviction for a violation of Section 2 -
402 of Title 63 of t he Oklahoma Statutes which
involves marijuana may require the person to
participate in a drug court program, if available. If
a drug court program is not available, the de fendant
may be required to pa rticipate in a community
sanctions program, if availabl e,
gg. in the case of a person convicted of a ny false or
bogus check violation, as defined in Section 1541.4 of
Title 21 of the Oklahoma Statutes, impose a fee of
Twenty-five Dollars ($25.00) to the vi ctim for each
check, and impose a bogus check fee to be paid to the
district attorney. The bogus check fee paid to the
district attorney shall be equal to the amount
assessed as court costs plus Twenty-five Dollars
($25.00) for each check upon filing of t he case in
district court. This money shall be deposit ed in the
Bogus Check Restitution Program Fun d as established in
subsection B of Section 114 of this title.
Additionally, the court may require the offender to
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pay restitution and bogus check fees on any other
bogus check or checks that have been submitte d to the
Bogus Check Restitution Program, and
hh. any other provision specifica lly ordered by the court.
However, any such or der for restitution, community service,
payment to a local certified crime s toppers program, payment to the
Oklahoma Reward System or confinement in the county jail, or a
combination thereof, shall be made in c onjunction with probation and
shall be made a condition of the suspended sentence.
However, unless under the supervision o f the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the fi rst two (2) years of
probation to compensate t he district attorney for the costs incurred
during the prosecution of the of fender and for the additional work
of verifying the com pliance of the offender with the rules and
conditions of his or her probation . The district attorney may waive
any part of this requirement in the best interests of justic e. The
court shall not waive , suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determi nes that
a reduction in the fine, costs and costs of prosecution is
warranted, the court shall equally apply the same percentag e
reduction to the fine, cost s and costs of prosecution owed by the
offender;
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2. Impose a fine prescribed by law for the offense , with or
without probation or com mitment and with or without restitution or
service as provided for in this section, Section 9 91a-4.1 of this
title or Section 227 of Title 57 of the Oklahoma Statutes;
3. Commit such person for confinement provided for by law with
or without restitution a s provided for in this section;
4. Order the defendant to reimburse the Oklahoma State Burea u
of Investigation for costs incurred by that agency during its
investigation of the crime for which the defendant pleaded guilty ,
nolo contendere or was convicted including compensation for
laboratory, technical or investigation services performed by the
Bureau if, in the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant, and if the
costs incurred by the Bureau d uring the investigation of the
defendant's case may be determined with reasonable certainty;
5. Order the defendant to re imburse the Oklahoma State Bureau
of Investigation for all costs incurred by that agency for cleanin g
up an illegal drug laboratory si te for which the defendant pleaded
guilty, nolo contendere or was convicted. The court clerk shall
collect the amount and may retain five percent (5%) of such monies
to be deposited in the Court Clerk's Revolving Fund to cover
administrative costs and sha ll remit the remainder to the Oklahoma
State Bureau of Investigation to be deposited in the O SBI Revolving
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Fund established by Section 150.19a of Title 74 of the Oklahoma
Statutes;
6. In the case of nonviolent felony offe nses, sentence such
person to the Community Service Sentencing Program;
7. In addition to the other sentencing powers of the c ourt, in
the case of a person convicted of operating or being in control of a
motor vehicle while the person was under the influe nce of alcohol,
other intoxicating substance or a combination of alcohol or anot her
intoxicating substance, or convicted of operating a motor vehicle
while the ability of the person to operate such vehicle was i mpaired
due to the consumption of alcohol, re quire such person:
a. to participate in an alcohol and drug assessment and
evaluation by an assessment agency or assessment
personnel certified by the Depar tment of Mental Health
and Substance Abuse Services pur suant to Section 3-460
of Title 43A of the Ok lahoma Statutes and, as
determined by the assessment, participate in an
alcohol and drug substance abuse course or treatment
program or both, pursuant to Se ctions 3-452 and 3-453
of Title 43A of the Oklahoma Sta tutes,
b. to attend a victims impact panel pr ogram, as defined
in subsection H of this section, and to pay a fee of
Seventy-five Dollars ($75.00) as set by the governing
authority of the program and ap proved by the court, to
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the program to offset the cost of participation by the
defendant, if in the opinion of the court the
defendant has the ability to pay such fee,
c. to both participate in the alcohol and drug substance
abuse course or treatment progr am, pursuant to
subparagraph a of this paragraph and at tend a victims
impact panel program, pursuant to subparagraph b of
this paragraph,
d. to install, at the expense of the perso n, an ignition
interlock device approved by the Board of Tests for
Alcohol and Drug Influence, upon every motor vehicle
operated by such person and to require that a notation
of this restriction be affixed to t he person's driver
license at the time of rein statement of the license.
The restriction shal l remain on the driver licens e for
such period as the court shall determine . The
restriction may be modified or removed by order of the
court and notice of the or der shall be given to the
Department of Public Safety. Upon the expiration of
the period for the restriction, the Departm ent of
Public Safety shall remove the restriction witho ut
further court order. Failure to comply wi th the order
to install an ignitio n interlock device or operating
any vehicle without such device during the period of
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restriction shall be a violation of t he sentence and
may be punished as deemed proper by the sentencing
court, or
e. beginning January 1, 1993, to submit to electronically
monitored home detention administered and sup ervised
by the Department of Corrections, and t o pay to the
Department a monitoring fee, not to exceed Seventy -
five Dollars ($75.00 ) a month, to the Department of
Corrections, if in the opinion of the court the
defendant has the ability to pay such fee. Any fees
collected pursuant to this subparagraph shall be
deposited in the Department of Corrections Revolving
Fund. Any order by the court for the payment of the
monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of court;
8. In addition to the other sentencing powers of the court, in
the case of a person convicted of prostitution pursuant to Section
1029 of Title 21 of the Oklahoma Statutes, requi re such person to
receive counseling for the behavior which may have caused such
person to engage in prostitution activities . Such person may be
required to receive counseling in areas including but not limited to
alcohol and substance abuse, sexual behav ior problems or domestic
abuse or child abuse problems;
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9. In addition to the o ther sentencing powers of the court, in
the case of a person convicted of an y crime related to domestic
abuse, as defined in Sectio n 60.1 of this title, the court may
require the defendant to undergo the treatm ent or participate in the
counseling services necessary to bring about the cessation of
domestic abuse against the victim . The defendant may be required to
pay all or part of t he cost of the treatment or counseling servic es;
10. In addition to the other sentencing powers of the court,
the court, in the case of a sex offender sentenced after Nove mber 1,
1989, and required by law to register pursuant to the Sex Offenders
Registration Act, shall require the defendant to participate in a
treatment program des igned specifically for the treatment of sex
offenders, if available. The treatment program w ill include
polygraph examinations specifically designed for use with sex
offenders for the purpose of supervision and treatment compliance,
provided the examinati on is administered by a certified licensed
polygraph examiner. The treatment program must be approved by the
Department of Corrections or the Department of Mental Health and
Substance Abuse Services . Such treatment shall be at the expense of
the defendant based on the ability of the defendant to pay;
11. In addition to the other sentencing powe rs of the court,
the court, in the case of a person convicted of abuse or neglect of
a child, as defined in Section 1 -1-105 of Title 10A of the Oklahoma
Statutes, may require the person to undergo treatment or to
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participate in counseling services . The defendant may be required
to pay all or part of the cost of the treatment or counselin g
services;
12. In addition to the other sen tencing powers of the court,
the court, in the case of a person convicted of cru elty to animals
pursuant to Section 1685 of Tit le 21 of the Oklahoma Statute s, may
require the person to pay restitution to animal facilities for
medical care and any boarding costs of victimized animals;
13. In addition to the other sentencing powers of the court, a
sex offender who is habitual or ag gravated as defined by Sectio n 584
of Title 57 of the Oklahoma Statutes and who is r equired to register
as a sex offender pursuan t to the Sex Offenders Registratio n Act
shall be supervised by the Department of Corrections for the
duration of the registrati on period and shall be assign ed to a
global position monitoring device by the Depart ment of Corrections
for the duration of the r egistration period. The cost of such
monitoring device shall be reimbursed by t he offender;
14. In addition to the other sent encing powers of the court, i n
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Regist ration Act, the court may
prohibit the person from accessing or using any Intern et social
networking website that has the poten tial or likelihood of allowin g
the sex offender to have contact with any child who i s under the age
of eighteen (18) years;
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15. In addition to the other sentenci ng powers of the court, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Reg istration Act, the court shall
require the person to re gister any electronic mail address
information, instant message, chat or other Internet communication
name or identity infor mation that the person uses or intends to use
while accessing the Internet or used for other purposes of social
networking or other similar Internet communication ; or
16. In addition to the other sentencing pow ers of the court,
and pursuant to the terms and conditions of a written plea
agreement, the court may prohibit the defenda nt from entering,
visiting or residing within the judic ial district in which the
defendant was convicted until after completion of his or her
sentence; provided, however, the court shall ensure that the
defendant has access to those services or programs fo r which the
defendant is required to participate as a c ondition of probation .
When seeking to enter the prohibited judicial district for personal
business not related to his or her criminal case, the defendant
shall be required to obtain approval by the c ourt.
B. Notwithstanding any other provision of law, a ny person who
is found guilty of a violation of any provision of Section 761 or
11-902 of Title 47 of the Oklahoma Statutes or any person pleading
guilty or nolo contendere for a violation of any provi sion of such
sections shall be ordered to participate i n, prior to sentencing, an
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alcohol and drug assessment and evaluation by an ass essment agency
or assessment personnel certified by the Department of Mental Health
and Substance Abuse Services for the p urpose of evaluating the
receptivity to treatment and p rognosis of the person . The court
shall order the person to reimburse the agen cy or assessor for the
evaluation. The fee shall be the amount provided in subsection C of
Section 3-460 of Title 43A of the Oklahoma Statutes . The evaluation
shall be conducted at a certified assessment agency, the offi ce of a
certified assessor or at a nother location as ordered by the court.
The agency or assessor shall, within seventy -two (72) hours from the
time the person is assessed, submit a written report to the court
for the purpose of assisting the court in its final sentencing
determination. No person, agency or facility operating an alcohol
and drug substance abuse evaluation progra m certified by the
Department of Mental Health and Substance Abuse Services shall
solicit or refer any person evaluated pursuant to this subsection
for any treatment program or alcohol and drug substance abuse
service in which such person, agency or facili ty has a vested
interest; however, this provision shall not be construed to prohibit
the court from ordering participation in or any person from
voluntarily utilizing a treatment program or alcohol and drug
substance abuse service offered by such person, a gency or facility.
If a person is sentenced to the custody of the Department of
Corrections and the court has received a written evaluation report
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pursuant to this subsection, the report shall be furnished to the
Department of Corrections with the judgmen t and sentence. Any
evaluation report submitted to the court pursuant to this subse ction
shall be handled in a manner which will keep such report
confidential from the general public's review. Nothing contained in
this subsection shall be construed to pr ohibit the court from
ordering judgment and sentence in the event the defendant fail s or
refuses to comply with an order of the c ourt to obtain the
evaluation required by this subsection.
C. When sentencing a person convicted of a crime, the court
shall first consider a program of re stitution for the victim, as
well as imposition of a fi ne or incarceration of the offender . The
provisions of paragraph 1 of subsecti on A of this section shall not
apply to defendants being sentenced upon their third or subseq uent
to their third convictio n of a felony or, beginning January 1, 1993,
to defendants being sentenced for their second or subse quent felony
conviction for violat ion of Section 11-902 of Title 47 of the
Oklahoma Statutes, except as otherwise provided in t his subsection.
In the case of a person being sentenced for his or her second or
subsequent felony conviction for violation of S ection 11-902 of
Title 47 of the Oklahoma Statutes, the court may sentence the person
pursuant to the provisions of paragraph 1 of subsection A of this
section if the court orders the person to submit to electro nically
monitored home detention administered and supervised by the
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Department of Corrections pursuant to subparagraph e of paragraph 7
of subsection A of this section . Provided, the court may waive
these prohibitions upon written application of the distr ict
attorney. Both the application and the w aiver shall be made part of
the record of the case.
D. When sentencing a person convicted of a crime, the judge
shall consider any victim impact statements if submitted to the
jury, or the judge in the event a jury is waived.
E. Probation, for purposes o f subsection A of this section, is
a procedure by which a defendant found guilty of a crime, whether
upon a verdict or plea of guilty or upon a plea of nolo contendere,
is released by the court subject to condit ions imposed by the court
and subject to supervision by the Department of Corre ctions, a
private supervision provider or other person designated by the
court. Such supervision shall be initiated upon an order of
probation from the court, and shall not exc eed two (2) years, unless
a petition alleging a violation of any condition of d eferred
judgment or seeking revocation of the suspended sentence is filed
during the supervision, or as otherwise provided by law. In the
case of a person convicted of a sex of fense, supervision shall begin
immediately upon release from incarceration or i f parole is granted
and shall not be limited to two (2) years. Provided further, any
supervision provided for in this sec tion may be extended for a
period not to exceed the expiration of the maximum term or terms of
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the sentence three (3) years upon a determination by the court or
the Division of Probation and Parole of the Department of
Corrections that the best interests of the public and the release
will be served by an extended period of defendant has committed a
new crime while on supervision or willfully failed to pay
restitution owed.
F. The Department of Corrections, or such other agency as the
court may designate, shall be responsible for the monitoring and
administration of the restit ution and service programs provided for
by subparagraphs a, c and d of paragr aph 1 of subsection A of this
section, and shall ensure that restitution payments are forwarded to
the victim and that service assignments are properly performed.
G. 1. The Department of Corrections is hereby authorized,
subject to funds available throug h appropriation by the Legislature,
to contract with counties for the administration o f county Community
Service Sentencing Programs.
2. Any offender eligible to participate in t he Program pursuant
to this section shall be eligible to participate in a cou nty
Program; provided, participation in county-funded Programs shall not
be limited to offenders who would otherwise be sentenced to
confinement with the Department of Corrections .
3. The Department shall establish criteria and specifications
for contracts with counties for such Programs. A county may apply
to the Department for a contrac t for a county-funded Program for a
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specific period of time. The Department shall be respons ible for
ensuring that any contracting county complies in full with
specifications and requirements of the contract. The contract shall
set appropriate compensati on to the county for services to the
Department.
4. The Department is hereby authorized to p rovide technical
assistance to any county in establishing a Program, regardle ss of
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall include app ropriate
staffing, development of community resources, sponsors hip,
supervision and any other requirements.
5. The Department shall annuall y make a report to the Governor,
the President Pro Tempore of the Senate and the Speak er of the House
on the number of such Programs, the number of participating
offenders, the success rates of each Program according to criteria
established by the Departme nt and the costs of each Program.
H. As used in this section:
1. "Ignition interlock device" means a device that, without
tampering or interven tion by another person, would prev ent the
defendant from operating a motor vehicle if the defendant has a
blood or breath alcohol concentration of two-hundredths (0.02) or
greater;
2. "Electronically monitored home detention" means
incarceration of the de fendant within a specified locatio n or
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locations with monitoring by means of a device approved by the
Department of Corrections that detects if the person leaves the
confines of any specified locat ion; and
3. "Victims impact panel program" means a program conducted by
a corporation regist ered with the Secretary of State in Oklahoma for
the sole purpose of operatin g a victims impact panel program. The
program shall include live presentations from p resenters who will
share personal stories with participants about how alcohol, drug
abuse, the operation of a motor vehicle while using an electronic
communication device or the illegal conduct of others has personally
impacted the lives of the presenters . A victims impact panel
program shall be attended by perso ns who have committed the offense
of driving, operating or being in actual physical control of a motor
vehicle while under the influence of alcohol or other intoxicating
substance, operating a moto r vehicle while the ability of the person
to operate such vehicle was impaired due to the con sumption of
alcohol or any other substance or operating a motor vehicle while
using an electronic device or by persons who have been convicted of
furnishing alcoholic beverage to persons under twenty-one (21) years
of age, as provided in Sections 6 -101 and 6-120 of Title 37A of the
Oklahoma Statutes. Persons attending a victims im pact panel program
shall be required to pay a fee of Seventy-five Dollars ($75.00) to
the provider of the program . A certificate of completion s hall be
issued to the person upon satisfying the attendance and fee
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requirements of the victims impact panel pr ogram. The certificate
of completion shall contain the business identification number of
the program provider . A certified assessment agency, c ertified
assessor or provider of a n alcohol and drug substance abuse course
shall be prohibited from providing a victims impact panel program
and shall further be prohibited from having any proprie tary or
pecuniary interest in a victims impact panel progra m. The provider
of the victims impact panel program shall carry general liability
insurance and maintain an ac curate accounting of all business
transactions and funds received in relation to the v ictims impact
panel program. Beginning October 1, 2020, an d each October 1
thereafter, the provider of the victims impact panel program shall
provide to the District Att orneys Council the following:
a. proof of registration with the Oklahoma Secretary of
State,
b. proof of general lia bility insurance,
c. end-of-year financial statements prepared by a
certified public accountant,
d. a copy of federal income tax returns fil ed with the
Internal Revenue Service,
e. a registration fee of One Thousand Dollars
($1,000.00). The registration fee shall be deposited
in the District Attorneys Council Revolvi ng Fund
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created in Section 215.28 of Title 19 of the Oklahoma
Statutes, and
f. a statement certifying that the provider of the
victims impact panel program has com plied with all of
the requirements set forth in this paragr aph.
I. A person convicted of a f elony offense or receiving any form
of probation for an offense in which regi stration is required
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid (DNA) t esting for law enforcement
identification purposes in accordance with Section 150.27 of Title
74 of the Oklahoma Statutes and the rules promul gated by the
Oklahoma State Bureau of Investigation for the OSBI Combined DNA
Index System (CODIS) Database . Subject to the availability of
funds, any person convicted of a misde meanor offense of assault and
battery, domestic abuse, stalking, possession o f a controlled
substance prohibited under the Uniform Controlled Dangerous
Substances Act, outraging public decenc y, resisting arrest, escape
or attempting to escape, eluding a po lice officer, Peeping Tom,
pointing a firearm, threatening an act of violence , breaking and
entering a dwelling place, destruction of property, negligent
homicide or causing a personal injury accident while driving under
the influence of any intoxicating s ubstance, or any alien unlawfully
present under federal immigration law, upon arrest, shall submit to
DNA testing for law enforcement identification purposes in
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accordance with Section 150.27 of Title 74 of the Oklahoma St atutes
and the rules promulgated b y the Oklahoma State Bureau of
Investigation for the OSBI Combined DNA Index System (CODIS)
Database. Any defendant sentenced to probation shall be required to
submit to testing within thirt y (30) days of sentencing eithe r to
the Department of Corrections or to the county sheriff or other
peace officer as directed by the court . Defendants who are
sentenced to a term of incarceration shall submit to testing in
accordance with Section 530.1 of Title 57 of the Oklahoma Statu tes,
for those defendants who ente r the custody of the Department of
Corrections or to the county sheriff, for those defendants sentenced
to incarceration in a county jail. Convicted individuals w ho have
previously submitted to DNA testing under this sect ion and for whom
a valid sample is on file in the OSBI Combined DNA Index System
(CODIS) Database at the time o f sentencing shall not be required to
submit to additional testing. Except as required by the Sex
Offenders Registration Act, a deferred judgmen t does not require
submission to DNA testing.
Any person who is incarcerated in the custody of the Department
of Corrections after July 1, 1996, and who has not been released
before January 1, 2006 , shall provide a blood or saliva sample prior
to release. Every person subject to DNA testi ng after January 1,
2006, whose sentence does not include a term of confineme nt with the
Department of Corrections shall submit a blood or saliva sample .
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Every person subject to DNA testing who is sentenced to unsupervise d
probation or otherwise not super vised by the Department of
Corrections shall submit for blood or saliva testi ng to the sheriff
of the sentencing county.
J. Samples of blood or saliva for DNA tes ting required by
subsection I of this section shall be take n by employees or
contractors of the Department of Corrections, peace officers, or the
county sheriff or employ ees or contractors of the sheriff's office.
The individuals shall be properly trained to collect blood or saliv a
samples. Persons collecting bl ood or saliva for DNA testing
pursuant to this section shall be immune from civil liabilities
arising from this activity. All collectors of DNA samples shall
ensure the collection of samples are m ailed to the Oklahoma Stat e
Bureau of Investigation within ten (10) days of the time the subj ect
appears for testing or within ten (10) days of the date the subject
comes into physical custody to serve a term of incarceration. All
collectors of DNA sample s shall use sample kits pr ovided by the OSBI
and procedures promulgated by the OSBI . Persons subject to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be required to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submission to the
OSBI Combined DNA Index System (CODIS) Databa se. Any fees collected
pursuant to this subsection shall be deposited in the revolving
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account or the service fee account of the collection agency or
department.
K. When sentencing a per son who has been convicted of a cr ime
that would subject that person to the provisions of the Sex
Offenders Registration Act, neither the court n or the district
attorney shall be allowed to waive or exempt such person from the
registration requirements of the Sex Offenders Registration Act .
SECTION 3. AMENDATORY 22 O.S. 2021, Section 991c, is
amended to read as follows:
Section 991c. A. Upon a verdict or plea of guilty or upon a
plea of nolo contendere, but before a judgment of guilt, the court
may, without entering a judgme nt of guilt and with the cons ent of
the defendant, defer further proceedings upon the specific
conditions prescribed by the court not to exceed a seven-year
period, except as authorized under subsection B of this section.
The court shall first consider re stitution among the various
conditions it may prescribe. The court may also consider ordering
the defendant to:
1. Pay court costs;
2. Pay an assessment in lieu of any fine authorized by law for
the offense;
3. Pay any other assessment or cost autho rized by law;
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4. Engage in a term of community service without compensation,
according to a schedule co nsistent with the employment and family
responsibilities of the defendant;
5. County jail confinement for a period not to excee d ninety
(90) days or the maximum amount of jail time provided for the
offense, if it is less than ninety (90) days;
6. Pay an amount as reimbursement for reasonable attorney fees,
to be paid into the court fund, if a court-appointed attorney has
been provided to the defendan t;
7. Be supervised in the community for a period not to exceed
eighteen (18) months, unless a petition al leging violation of any
condition of deferred judgment is filed during the period of
supervision. As a condition of any supervi sion, the defendant shall
be required to pay a supervision fee of Forty Dollars ($40.00) per
month. The supervision fee shall b e waived in whole or part by the
supervisory agency when the accused is indigent. Any fees collected
by the district attorney p ursuant to this paragraph shall be
deposited in the General Revenue Fund of the State Treasury. No
person shall be denied super vision based solely on the inability of
the person to pay a fee;
8. Pay into the court fund a monthly amount not exceeding Fort y
Dollars ($40.00) per month during any period during which the
proceedings are deferred when the defendant is not to be supervi sed
in the community. The total amount to be paid into the court fund
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shall be established by the court and shall not exceed th e amount of
the maximum fine authorized by law for the offense;
9. Make other reparations to the community or victim as
required and deemed appropriate by the court;
10. Order any conditions which can be imposed for a suspended
sentence pursuant to parag raph 1 of subsection A of Section 991a of
this title; or
11. Any combination of the above provisions.
However, unless under the supervision of the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district at torney during the first two (2) yea rs of
probation to compensate the district attorney for the costs incurred
during the prosecution of the offender and for the additional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The district a ttorney may waive
any part of this requirement in the best interests of justice. The
court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that
a reduction in the fine, costs and costs of prosecution is
warranted, the court shall equally apply the same percentage
reduction to the fine, costs and costs of prosecution owed by the
offender. Any fees collected by the district attorney pursuant to
this paragraph shall be deposited in the General Revenue Fund of the
State Treasury.
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B. When the court has ordered restitution as a con dition of
supervision as provided for in subsection A of this section and that
condition has not been satisfied, the court may, at any time prior
to the termination or expiration of the supervision period, order an
extension of supervision for a period not to exceed three (3) years.
C. In addition to any conditions of supervision provided for in
subsection A of this section, the c ourt shall, in the case of a
person before the court for the offense of operating or being in
control of a motor vehicle while t he person was under the influence
of alcohol, other intoxicating substance, or a combination of
alcohol and another intoxicating substance, or who is before the
court for the offense of operating a motor vehicle while the ability
of the person to operate such vehicle was impaired due to the
consumption of alcohol, require the person to participate in an
alcohol and drug substance a buse evaluation program offered by a
facility or qualified practitioner certified by the Department of
Mental Health and Substan ce Abuse Services for the purpose of
evaluating the receptivity to treatment and prognosis of the person.
The court shall order the person to reimburse the facili ty or
qualified practitioner for the evaluation. The Department of Mental
Health and Substance Abuse Services shall establish a fee schedule,
based upon the ability of a person to pay, provided the fee for an
evaluation shall not exceed Seventy-five Dollars ($75.00). The
evaluation shall be conducted at a certified facility, the office of
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a qualified practitioner or at another location as ordered by the
court. The facility or qualified practitioner shall, within
seventy-two (72) hours from the time the p erson is assessed, submit
a written report to the court for the purpose of assisting the cour t
in its determination of conditions for deferred sentence. No
person, agency or facility operating an alcohol and drug substan ce
abuse evaluation program certifi ed by the Department of Mental
Health and Substance Abuse Services shall solicit or refer any
person evaluated pursuant to this subsection for any treatment
program or alcohol and drug substance abuse service in which the
person, agency or facility has a v ested interest; however, this
provision shall not be construed to prohibit the court from ord ering
participation in or any person from voluntarily utilizing a
treatment program or alcohol and drug substance abuse service
offered by such person, agency or f acility. Any evaluation report
submitted to the court pursuant to this subsection shall be h andled
in a manner which will keep the report confidential from review by
the general public. Nothing contained in this subsect ion shall be
construed to prohibit the court from ordering judgment and sentence
in the event the defendant fails or refuses to comply with an order
of the court to obtain the evaluation required by this subsection.
As used in this subsection, "qualified practitioner" means a person
with at least a bachelor's degree in substance abuse treatment,
mental health or a related health c are field and at least two (2)
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years of experience in providing alcohol abuse treatment, other drug
abuse treatment, or both alc ohol and other drug abuse treatment who
is certified each year by the Department of Mental Health and
Substance Abuse Services t o provide these assessments. However, any
person who does not meet the requirements for a qualified
practitioner as defined her ein, but who has been previously
certified by the Department of Mental Health and Substance Abuse
Services to provide alcohol or drug treatment or assessments, shall
be considered a qualified practitioner provided all education,
experience and certificatio n requirements stated herein are me t by
September 1, 1995. The court may also require the person to
participate in one or both of the following:
1. An alcohol and drug substance abuse course, pursuant to
Sections 3-452 and 3-453 of Title 43A of the Oklah oma Statutes; and
2. A victims impact panel program, as defined in subsection H
of Section 991a of this title, if such a progra m is offered in the
county where the judgment is rendered. The defendant shall be
required to pay a fee of Seventy -five Dollars ($75.00) as set by the
governing authority of the program and approved by the court to the
victims impact panel program to offs et the cost of participation by
the defendant, if in the opinion of the court the defendant has the
ability to pay such fee.
D. Upon completion of the conditions of the deferred judgment,
and upon a finding by the court that the conditions have been met
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and all fines, fees, and monetary assessments have been paid as
ordered, the defendant shall be discharged without a court judgme nt
of guilt, and the court shall or der the verdict or plea of guilty or
plea of nolo contendere to be expunged from the record a nd the
charge shall be dismissed with prejudice to any further action. The
defendant may petition the court at any time during the deferred
judgment for a finding that the conditions have been met . The
charge shall be dismissed with prejudice upon the court's finding of
the same. The procedure to expunge the record of the defendant
shall be as follows:
1. All references t o the name of the defendant shall be deleted
from the docket sheet;
2. The public index of the filing of the charge shall be
expunged by deletion, mark-out or obliteration;
3. Upon expungement, the court clerk shall keep a separate
confidential index o f case numbers and names of defendants which
have been obliterated pursuant to the provisions of this section;
4. No information concer ning the confidential file shall be
revealed or released, except upon written order of a judge of the
district court or upon written request by the named defendant to the
court clerk for the purpose of updating the criminal history record
of the defendant with the Oklahoma State Bureau of Investigation;
and
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5. Defendants qualifying under Section 18 of this title may
petition the court to have the filing of the The indictment and the
dismissal expunged from the public index and docket sheet. This
section shall not be mutually exclusive of Section 18 of this title.
Records expunged pursuant to this subsection shall be sealed to
the public but not to law enforcement agencies for law enforcement
purposes. Records expunged pursuant to this subsection shall be
admissible in any subsequent criminal prosecution to prove the
existence of a prior co nviction or prior deferred judgment without
the necessity of a court order requesting the unsealing of such
records.
E. The provisions of subsection D of this section sh all be
retroactive.
F. Whenever a judgment has been deferred by the court according
to the provisions of this section, deferred judgment may not be
accelerated for any technical violation unless a petition setting
forth the grounds for such acceleration i s filed by the district
attorney with the clerk of the sentencing court and competent
evidence justifying the accelerat ion of the judgment is presented to
the court at a hearing to be held for that purpose. The hearing
shall be held not more than twenty ( 20) days after the entry of the
plea of not guilty to the petition, unless waived by b oth the state
and the defendant. Any acceleration of a deferred sentence based on
a technical violation shall not exceed ninety (90) days for a first
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acceleration or five (5) years for a second or subsequent
acceleration.
G. Upon any violation of the def erred judgment, other than a
technical violation, the court may enter a judgment of guilt and
proceed as provided in Section 991a of this title or may modify any
condition imposed. Provided, however, if the deferred judgment is
for a felony offense, and t he defendant commits another fel ony
offense, the defendant shall not be allowed bail pending appeal.
H. The deferred judgment procedure described in this section
shall apply only to defendants who have not been previously
convicted of a felony offense and have not received more than on e
deferred judgment for a felony offense within the ten (10) years
previous to the commission of the pending offense.
Provided, the court m ay waive this prohibition upon written
application of the district attorney. Both the application and the
waiver shall be made a part of the record of the case.
I. The deferred judgment procedure described in this section
shall not apply to defendants fo und guilty or who plead guilty or
nolo contendere to a sex offense required by law to register
pursuant to the Sex Offenders Registration Act.
J. All defendants who are supervised pursuant to this section
shall be subject to the sanction process as establ ished in
subsection D of Section 991b of this title.
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K. Notwithstanding the provisi ons of subsections F and G of
this section, a person who is being c onsidered for an acceleration
of a deferred judgment for an offense where the penalty has
subsequently been lowered to a misdemeanor shall only be subject to
a judgment and sentence that wo uld have been applicable had he or
she committed the offense after July 1, 2017.
SECTION 4. This act shall become effective November 1, 2023.
59-1-7926 LRB 03/02/23