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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2 023)
HOUSE BILL 2828 By: Blancett
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Sections 471.1, 471.2 and 471.3, as
amended by Sections 1, 2, and 3, Chapter 277, O.S.L.
2022 (22 O.S. Supp. 2022, S ections 471.1, 471.2 and
471.3), which relate to the Oklahoma Drug Court Act ;
defining terms; authorizing drug court teams to
recommend program participants ; authorizing court to
overrule or sustain objections made by the district
attorney; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 471.1, as
amended by Section 1, Chapter 277, O.S.L. 2022 (2 2 O.S. Supp. 2022,
Section 471.1), is amended to read as follows:
Section 471.1 A. For purposes of the Oklahoma Drug Cou rt Act,
"drug court":
1. "Drug court", "drug court program" or "program" means an
immediate and highly structured j udicial intervention process for
substance abuse treatment of eligible offenders which expedites the
criminal case and requires successful completion of the p lea
agreement; and
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2. "Drug court team" means a team consisting of :
(a) a judge who presides over t he drug court judicial
process,
(b) a district attorney,
(c) a defense attorney,
(d) a drug court coordinator, and
(e) any other person designated by the drug court team who
shall have an appropriate understanding of the goals
of the program and tr eatment methods for various
conditions.
B. Each district court of this state is authorized to establish
a drug court program pursuant to the provisions of the Oklahoma Drug
Court Act, subject to availability of funds.
C. Eligible offenses may be restricted by the rules of the
specific drug court program. Nothing in the Oklahoma Drug Court Act
shall be construed to require a drug court to consider ever y
offender with a treatable condition or addiction even if the
controlling offense is eligible for consideration in the program.
Traditional prosecution shall be required where an offender is
determined not appropriate for the drug court program. Juvenile
drug courts may be established based upon the provisions of the
Oklahoma Drug Court Act; pro vided, however, a juvenile shall not be
held, processed, or treated in any manner which violates any
provision of Title 10A of the Oklaho ma Statutes.
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D. Drug court programs shall require a separate judicial
processing system differing in practice and des ign from the
traditional adversarial criminal prosecution and trial systems.
Whenever possible, a drug court team sh all be designated consisting
of a judge to preside over the drug court judicial process and hold
proceedings where participants are advanced through the program, a
district attorney, a defense attorney, a drug court coordinator, and
other persons designated by the drug court team who shall have
appropriate understanding of the goals of the program and of the
appropriate treatment met hods for the various conditions. The
assignment of any person to the drug court team shall not preclude
the assigned person from performing other duties requir ed in the
course of their office or employment. The chief judge of the
judicial district, or if the district has more than one chief judge
then the presiding judge of the Administrative Judicial District,
shall designate one or more judges to preside over cases assigned to
the drug court program. The assignment of any judge to a drug court
program or the designation of a drug court docket shall not mandate
the assignment of all substance abuse -related cases to the drug
court docket or the progr am; however, nothing in the Oklahoma Drug
Court Act shall be construed to preclude the assignment of all
criminal cases relating to substance abuse or drug possession as
provided by the rules established for the specific drug court
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program. Judicial immunity shall extend to any duty required by law
to be performed by a judge of a drug court.
E. When a drug court program is established, the arresting
officer shall file the criminal case record for potentially el igible
offenders with the district attorney within four (4) days of the
arrest. The district attorney shall file an information in the case
within twenty-four (24) hours of receipt of the criminal case record
when the offender appears eligible for conside ration for the
program. The information may be amended as necessary when an
offender is denied admittance into the drug court program or for
other purposes as provided in Section 304 of this title. Any person
arrested upon a warrant for his or her arrest shall not be eligible
for the drug court pr ogram without the approval of the district
attorney drug court team. Any criminal case which has been filed
and processed in the traditional manner shall be cross-referenced to
a drug court case file by the court clerk if the c ase is
subsequently assigned to the drug cou rt program. The originating
criminal case file shall remain open to public inspection. The
judge shall determine what information or pleadings are to be
retained in the drug court case file, which shall be clos ed to
public inspection.
F. The court may request assistance from the Department of
Mental Health and Substance Abuse Services which shall be the
primary agency to assist in developing and implementing a drug court
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program or from any state or local agenc y in obtaining the necessary
treatment services which will assure maximum opportunity for
successful treatment, education and rehabilitation for offenders
admitted to the program. All participating state and local agencies
are directed to coordinate with each other and cooperate in
assisting the district court in establishing a drug court program.
G. Each drug court program shall apply recognized best
practices including but not limited to:
1. Strong linkage between partici pating agencies;
2. Access by all participating parties of a case to information
on the progress of the offender;
3. Vigilant supervis ion and monitoring procedures;
4. Random substance abuse testing;
5. Provisions for noncompliance, modification of the treatment
plan and revocation proceedings;
6. Availability of residential treatment facilities and
outpatient services;
7. Payment of court costs, treatment costs, supervision fees
and program user fees by the offender;
8. Methods for measuring applica tion of disciplinary sanctions
including provisions fo r:
a. increased supervision,
b. urinalysis testing,
c. intensive treatment,
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d. short-term confinement not to exceed five (5) days,
e. recycling the offender into the program after a
disciplinary action for a minimum violation of the
treatment plan,
f. reinstating the offender into the program after a
disciplinary action for a major viol ation of the
treatment plan, and
g. revocation from the program; and
9. Methods for measuring performance-based effectiveness of
each individual treatment provider 's services.
H. All drug court programs shall be required to keep reliable
data on recidivism, relapse, restarts, sanctions imposed and
incentives given.
I. All funds received by a drug court, in its capacity a s a
drug court program, shall be credited to and accounted for in the
county treasurer's office in a special cash fund to be known as th e
"Drug Court Fund". Each drug court fund shall be a continuing fund,
not subject to fiscal year limitations, and shall be dedicated to
the operation of the drug court as authorized by law. The
expenditures of any funds received by a drug court program a nd
deposited with the county treasurer shall be made only upon sworn
itemized claims approved by the county clerk, filed with the county
treasurer and paid by cash voucher drawn by the county treasurer
from the funds.
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J. Nothing in this section shall proh ibit any county from
establishing a drug court for misdemeanor offenses. Su ch
misdemeanor drug courts shall follow the rules and regulations of
felony drug courts except that the penalty for revocation shall not
exceed one (1) year in the county jail or t he maximum penalty for
the misdemeanor allowed by statute, whichever is less . The
Department of Mental Health and Substance Abuse Services shall
provide technical assistance to the counties that establish
misdemeanor drug courts.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 471.2, as
amended by Section 2, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 471.2), is amended to read as follows:
Section 471.2 A. The opportunity for review of an offender for
a drug court program shall occur at any time prior to disposition of
the case and sentencing of t he offender including sentencing on a
petition to revoke a suspended sentence or any probation violation.
B. When a drug court is established, the following information
shall be initially reviewed by the sheriff or designee, if the
offender is held in a c ounty jail, or by the chief of police or
designee, if the offender is held in a city jail:
1. The offender has no prior felony conviction in this state or
another state for a domestic violence offense within the last ten
(10) years, except as may be allow ed in a domestic violence
treatment program authorized by the drug court progr am. It shall be
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sufficient for this paragraph that a criminal history records name
search was conducted and indicated no apparent domestic violence
offense. An offender admitted to the drug court program for a crime
which requires the offender to attend a batterers' intervention
program certified by the Attorney General's office shall be required
to undergo such treatment as a condition of drug court ;
2. The offender's charge does not involve a violation of the
Trafficking In Illegal Drugs Act;
3. The offender has committed a felony offense or a misdemeanor
offense where a misdemeanor drug court is authorized; and
4. The offender:
a. admits to having a substance abuse addictio n,
b. appears to have a substance abuse addiction,
c. is known to have a substance abuse addiction,
d. the arrest or charge is based upon an offense eligible
for the drug court program, or
e. is a person who has h ad an assessment authorized by
Section 3-704 of Title 43A of the Oklahoma Statutes or
drug court investigation and the assessment or
investigation recommends the drug court progr am.
C. If it appears to the reviewing officer that the offender may
be potentially eligible for the drug court program b ased upon a
review of the information in subsection B of this section, the
offender shall be given a n eligibility form which may be voluntarily
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completed by the offender, and the reviewing officer shall file the
criminal case record within the time prescri bed in subsection E of
Section 471.1 of this title. The offender may request consideration
for the drug court program a s provided in subsection D of this
section. The eligibility form shall describe the drug court program
for which the offender may be el igible including, but not limited
to:
1. A full description of the drug court process and
investigation;
2. A general explanation of the roles and autho rity of the
supervising staff, the district attorney, the defense attorney, the
treatment provider, th e offender, and the judge presiding over the
cases in the drug court program;
3. A clear statement that the drug court judge may decide after
a hearing not to consider the offender fo r the drug court program
and in that event the offender will be prosecut ed in the traditional
manner;
4. A clear statement that the offender is required, before
consideration in the program, to enter a guilty plea as part of a
written plea agreement;
5. A clear statement that the plea agreement will specify the
offense to which the guilty plea will be entered and will state any
penalty to be imposed for the offense, both in the event of a
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successful completion of the drug cou rt program, and in the event o f
a failure to complete the program;
6. A clear statement that the offe nder must voluntarily agree
to:
a. waive the right to a speedy trial,
b. waive the right to a preliminary hearing,
c. the terms and conditions of a treat ment plan, and
d. sign a performance contract with the drug court;
7. A clear statement that the offen der, if accepted into the
drug court program, may not be incarcerated for the offense in a
state correctional institution or jail upon successful compl etion of
the program;
8. A clear statement that during participation in the drug
court program should th e offender fail to comply with the terms of
the agreement, the offender may be sanctioned to serve a term of
confinement of six (6) months in an inter mediate revocation facility
operated by the Department of Corrections. An offender shall not be
allowed to serve more than two separate terms of confinement in an
intermediate revocation facility;
9. A clear statement that during participation in the dr ug
court program should the offende r:
a. fail to comply with the terms of the agreements,
b. be convicted of a misdemeanor offense which reflects a
propensity for violence,
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c. be arrested for a violent felony offense, or
d. be convicted of any felony o ffense,
the offender may be required, a fter a court hearing, to be
revoked from the program and sentenced witho ut trial
pursuant to the punishment provisions of the negotiated
plea agreement; and
10. An explanation of the criminal record retention and
disposition resulting from participation i n the drug court program
following successful completion of the program.
D. 1. The offender may request consideration for the drug
court program as follows:
a. if the offender is incarcerated, the offender mu st
sign and complete the eligibility form a nd return it
to the sheriff, if the offender is held in the county
jail; or to the chief of police, if the offender is
held in a city jail. The sheriff or chief of police,
upon receipt of the completed eligibility form, shall
file the form with the drug court coordinator who
shall forward the form to the district attorney and
the judge assigned to the offender's case, or
b. after release of the offender from incarceration, the
offender must sign and c omplete the eligibility form
and file it with the drug court coordinator or the
court, prior to or at the time of either initial
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appearance or arraignment. The drug court coordinator
shall forward the form to the district attorney and
the judge assigned to the offend er's case.
2. Any offender desiring le gal consultation prior to signing or
completing the form for consideration in a drug court program shall
be referred to the defense attorney of the drug court team, or a
public defender, if the offender is indigent, or allowed to consult
with private legal counsel.
3. Nothing contained in the provisions of this subsection shall
prohibit the drug court team from considering any offender deemed
eligible for the program at any time prior to sentencing whose case
has been prosecuted in the traditional manner, or u pon a violation
of parole or probation conditions relating to substance abuse, upon
recommendation of the district attorney drug court team as provided
in Section 471.8 of this title.
E. When an offender has filed a request to be considered for a
drug court program, an initial hearing shall be set before th e drug
court judge. The hearing shall be not less than three (3) work days
nor more than five (5) work days after the date of the filing of the
request form. Notice of the hearing shall be gi ven to the drug
court team, or in the event no drug court team is designated, to the
offender, the district attorney, and to the public defender. The
offender shall be required to notify any private legal counsel of
the date and time of the hearing.
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SECTION 3. AMENDATORY 22 O.S. 2021, Section 471.3, as
amended by Section 3, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 471.3), is amended to read as follows:
Section 471.3 A. At the initial hearing for consideration of
an offender for a drug court pro gram, the district attorney drug
court team shall determine whether:
1. The offender has approval to be considered for the drug
court program; and
2. Any statutory preclusion, other prohibition, or program
limitation exists and is applicable to considering the offender for
the program.
The district attorney ma y object to the consideration of an
offender for the drug court program at the i nitial hearing.
B. If the offender voluntarily consents to be considered for
the drug court program and has signed and filed the requi red form
requesting consideration, and no objection has been made by the
district attorney, the court may refer the offender for a drug court
investigation as provided in Section 471.4 of this title, and set a
date for a hearing to determine final eligibil ity for admittance
into the program.
C. Upon any objection of the district attorney for
consideration of an offender for the program, the court shall deny
consideration of the offender's request may overrule the objection
or sustain the objection of the d istrict attorney. If the court
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overrules the objection and determines that the offender is eligible
for participation in the drug court program , the court shall refer
the offender for a drug court investigation as provided in Section
471.4 of this title, and set a date for a hearing to determine final
eligibility for admittance into the program. Upon denial for
consideration If the court sustains the objection of the district
attorney and denies the offender 's request for participation in the
drug court program at the initial hearing, the criminal case shall
proceed in the traditional manner. A denial of consideration of the
offender for the program sh all not preclude any future consideration
of the offender for the drug c ourt program with the approval of the
district attorney drug court team.
SECTION 4. This act shall become effective November 1, 2023.
59-1-6993 GRS 01/19/23