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Oklahoma House Bill HB2828

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2828 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2 023)
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3232 HOUSE BILL 2828 By: Blancett
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3838 AS INTRODUCED
3939
4040 An Act relating to criminal procedure; amending 22
4141 O.S. 2021, Sections 471.1, 471.2 and 471.3, as
4242 amended by Sections 1, 2, and 3, Chapter 277, O.S.L.
4343 2022 (22 O.S. Supp. 2022, S ections 471.1, 471.2 and
4444 471.3), which relate to the Oklahoma Drug Court Act ;
4545 defining terms; authorizing drug court teams to
4646 recommend program participants ; authorizing court to
4747 overrule or sustain objections made by the district
4848 attorney; and 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 (2 2 O.S. Supp. 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":
6060 1. "Drug court", "drug court program" or "program" means an
6161 immediate and highly structured j udicial intervention process for
6262 substance abuse treatment of eligible offenders which expedites the
6363 criminal case and requires successful completion of the p lea
6464 agreement; and
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9191 2. "Drug court team" means a team consisting of :
9292 (a) a judge who presides over t he drug court judicial
9393 process,
9494 (b) a district attorney,
9595 (c) a defense attorney,
9696 (d) a drug court coordinator, and
9797 (e) any other person designated by the drug court team who
9898 shall have an appropriate understanding of the goals
9999 of the program and tr eatment methods for various
100100 conditions.
101101 B. Each district court of this state is authorized to establish
102102 a drug court program pursuant to the provisions of the Oklahoma Drug
103103 Court Act, subject to availability of funds.
104104 C. Eligible offenses may be restricted by the rules of the
105105 specific drug court program. Nothing in the Oklahoma Drug Court Act
106106 shall be construed to require a drug court to consider ever y
107107 offender with a treatable condition or addiction even if the
108108 controlling offense is eligible for consideration in the program.
109109 Traditional prosecution shall be required where an offender is
110110 determined not appropriate for the drug court program. Juvenile
111111 drug courts may be established based upon the provisions of the
112112 Oklahoma Drug Court Act; pro vided, however, a juvenile shall not be
113113 held, processed, or treated in any manner which violates any
114114 provision of Title 10A of the Oklaho ma Statutes.
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141141 D. Drug court programs shall require a separate judicial
142142 processing system differing in practice and des ign from the
143143 traditional adversarial criminal prosecution and trial systems.
144144 Whenever possible, a drug court team sh all be designated consisting
145145 of a judge to preside over the drug court judicial process and hold
146146 proceedings where participants are advanced through the program, a
147147 district attorney, a defense attorney, a drug court coordinator, and
148148 other persons designated by the drug court team who shall have
149149 appropriate understanding of the goals of the program and of the
150150 appropriate treatment met hods for the various conditions. The
151151 assignment of any person to the drug court team shall not preclude
152152 the assigned person from performing other duties requir ed in the
153153 course of their office or employment. The chief judge of the
154154 judicial district, or if the district has more than one chief judge
155155 then the presiding judge of the Administrative Judicial District,
156156 shall designate one or more judges to preside over cases assigned to
157157 the drug court program. The assignment of any judge to a drug court
158158 program or the designation of a drug court docket shall not mandate
159159 the assignment of all substance abuse -related cases to the drug
160160 court docket or the progr am; however, nothing in the Oklahoma Drug
161161 Court Act shall be construed to preclude the assignment of all
162162 criminal cases relating to substance abuse or drug possession as
163163 provided by the rules established for the specific drug court
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190190 program. Judicial immunity shall extend to any duty required by law
191191 to be performed by a judge of a drug court.
192192 E. When a drug court program is established, the arresting
193193 officer shall file the criminal case record for potentially el igible
194194 offenders with the district attorney within four (4) days of the
195195 arrest. The district attorney shall file an information in the case
196196 within twenty-four (24) hours of receipt of the criminal case record
197197 when the offender appears eligible for conside ration for the
198198 program. The information may be amended as necessary when an
199199 offender is denied admittance into the drug court program or for
200200 other purposes as provided in Section 304 of this title. Any person
201201 arrested upon a warrant for his or her arrest shall not be eligible
202202 for the drug court pr ogram without the approval of the district
203203 attorney drug court team. Any criminal case which has been filed
204204 and processed in the traditional manner shall be cross-referenced to
205205 a drug court case file by the court clerk if the c ase is
206206 subsequently assigned to the drug cou rt program. The originating
207207 criminal case file shall remain open to public inspection. The
208208 judge shall determine what information or pleadings are to be
209209 retained in the drug court case file, which shall be clos ed to
210210 public inspection.
211211 F. The court may request assistance from the Department of
212212 Mental Health and Substance Abuse Services which shall be the
213213 primary agency to assist in developing and implementing a drug court
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240240 program or from any state or local agenc y in obtaining the necessary
241241 treatment services which will assure maximum opportunity for
242242 successful treatment, education and rehabilitation for offenders
243243 admitted to the program. All participating state and local agencies
244244 are directed to coordinate with each other and cooperate in
245245 assisting the district court in establishing a drug court program.
246246 G. Each drug court program shall apply recognized best
247247 practices including but not limited to:
248248 1. Strong linkage between partici pating agencies;
249249 2. Access by all participating parties of a case to information
250250 on the progress of the offender;
251251 3. Vigilant supervis ion and monitoring procedures;
252252 4. Random substance abuse testing;
253253 5. Provisions for noncompliance, modification of the treatment
254254 plan and revocation proceedings;
255255 6. Availability of residential treatment facilities and
256256 outpatient services;
257257 7. Payment of court costs, treatment costs, supervision fees
258258 and program user fees by the offender;
259259 8. Methods for measuring applica tion of disciplinary sanctions
260260 including provisions fo r:
261261 a. increased supervision,
262262 b. urinalysis testing,
263263 c. intensive treatment,
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290290 d. short-term confinement not to exceed five (5) days,
291291 e. recycling the offender into the program after a
292292 disciplinary action for a minimum violation of the
293293 treatment plan,
294294 f. reinstating the offender into the program after a
295295 disciplinary action for a major viol ation of the
296296 treatment plan, and
297297 g. revocation from the program; and
298298 9. Methods for measuring performance-based effectiveness of
299299 each individual treatment provider 's services.
300300 H. All drug court programs shall be required to keep reliable
301301 data on recidivism, relapse, restarts, sanctions imposed and
302302 incentives given.
303303 I. All funds received by a drug court, in its capacity a s a
304304 drug court program, shall be credited to and accounted for in the
305305 county treasurer's office in a special cash fund to be known as th e
306306 "Drug Court Fund". Each drug court fund shall be a continuing fund,
307307 not subject to fiscal year limitations, and shall be dedicated to
308308 the operation of the drug court as authorized by law. The
309309 expenditures of any funds received by a drug court program a nd
310310 deposited with the county treasurer shall be made only upon sworn
311311 itemized claims approved by the county clerk, filed with the county
312312 treasurer and paid by cash voucher drawn by the county treasurer
313313 from the funds.
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340340 J. Nothing in this section shall proh ibit any county from
341341 establishing a drug court for misdemeanor offenses. Su ch
342342 misdemeanor drug courts shall follow the rules and regulations of
343343 felony drug courts except that the penalty for revocation shall not
344344 exceed one (1) year in the county jail or t he maximum penalty for
345345 the misdemeanor allowed by statute, whichever is less . The
346346 Department of Mental Health and Substance Abuse Services shall
347347 provide technical assistance to the counties that establish
348348 misdemeanor drug courts.
349349 SECTION 2. AMENDATORY 22 O.S. 2021, Section 471.2, as
350350 amended by Section 2, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2022,
351351 Section 471.2), is amended to read as follows:
352352 Section 471.2 A. The opportunity for review of an offender for
353353 a drug court program shall occur at any time prior to disposition of
354354 the case and sentencing of t he offender including sentencing on a
355355 petition to revoke a suspended sentence or any probation violation.
356356 B. When a drug court is established, the following information
357357 shall be initially reviewed by the sheriff or designee, if the
358358 offender is held in a c ounty jail, or by the chief of police or
359359 designee, if the offender is held in a city jail:
360360 1. The offender has no prior felony conviction in this state or
361361 another state for a domestic violence offense within the last ten
362362 (10) years, except as may be allow ed in a domestic violence
363363 treatment program authorized by the drug court progr am. It shall be
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390390 sufficient for this paragraph that a criminal history records name
391391 search was conducted and indicated no apparent domestic violence
392392 offense. An offender admitted to the drug court program for a crime
393393 which requires the offender to attend a batterers' intervention
394394 program certified by the Attorney General's office shall be required
395395 to undergo such treatment as a condition of drug court ;
396396 2. The offender's charge does not involve a violation of the
397397 Trafficking In Illegal Drugs Act;
398398 3. The offender has committed a felony offense or a misdemeanor
399399 offense where a misdemeanor drug court is authorized; and
400400 4. The offender:
401401 a. admits to having a substance abuse addictio n,
402402 b. appears to have a substance abuse addiction,
403403 c. is known to have a substance abuse addiction,
404404 d. the arrest or charge is based upon an offense eligible
405405 for the drug court program, or
406406 e. is a person who has h ad an assessment authorized by
407407 Section 3-704 of Title 43A of the Oklahoma Statutes or
408408 drug court investigation and the assessment or
409409 investigation recommends the drug court progr am.
410410 C. If it appears to the reviewing officer that the offender may
411411 be potentially eligible for the drug court program b ased upon a
412412 review of the information in subsection B of this section, the
413413 offender shall be given a n eligibility form which may be voluntarily
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440440 completed by the offender, and the reviewing officer shall file the
441441 criminal case record within the time prescri bed in subsection E of
442442 Section 471.1 of this title. The offender may request consideration
443443 for the drug court program a s provided in subsection D of this
444444 section. The eligibility form shall describe the drug court program
445445 for which the offender may be el igible including, but not limited
446446 to:
447447 1. A full description of the drug court process and
448448 investigation;
449449 2. A general explanation of the roles and autho rity of the
450450 supervising staff, the district attorney, the defense attorney, the
451451 treatment provider, th e offender, and the judge presiding over the
452452 cases in the drug court program;
453453 3. A clear statement that the drug court judge may decide after
454454 a hearing not to consider the offender fo r the drug court program
455455 and in that event the offender will be prosecut ed in the traditional
456456 manner;
457457 4. A clear statement that the offender is required, before
458458 consideration in the program, to enter a guilty plea as part of a
459459 written plea agreement;
460460 5. A clear statement that the plea agreement will specify the
461461 offense to which the guilty plea will be entered and will state any
462462 penalty to be imposed for the offense, both in the event of a
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489489 successful completion of the drug cou rt program, and in the event o f
490490 a failure to complete the program;
491491 6. A clear statement that the offe nder must voluntarily agree
492492 to:
493493 a. waive the right to a speedy trial,
494494 b. waive the right to a preliminary hearing,
495495 c. the terms and conditions of a treat ment plan, and
496496 d. sign a performance contract with the drug court;
497497 7. A clear statement that the offen der, if accepted into the
498498 drug court program, may not be incarcerated for the offense in a
499499 state correctional institution or jail upon successful compl etion of
500500 the program;
501501 8. A clear statement that during participation in the drug
502502 court program should th e offender fail to comply with the terms of
503503 the agreement, the offender may be sanctioned to serve a term of
504504 confinement of six (6) months in an inter mediate revocation facility
505505 operated by the Department of Corrections. An offender shall not be
506506 allowed to serve more than two separate terms of confinement in an
507507 intermediate revocation facility;
508508 9. A clear statement that during participation in the dr ug
509509 court program should the offende r:
510510 a. fail to comply with the terms of the agreements,
511511 b. be convicted of a misdemeanor offense which reflects a
512512 propensity for violence,
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539539 c. be arrested for a violent felony offense, or
540540 d. be convicted of any felony o ffense,
541541 the offender may be required, a fter a court hearing, to be
542542 revoked from the program and sentenced witho ut trial
543543 pursuant to the punishment provisions of the negotiated
544544 plea agreement; and
545545 10. An explanation of the criminal record retention and
546546 disposition resulting from participation i n the drug court program
547547 following successful completion of the program.
548548 D. 1. The offender may request consideration for the drug
549549 court program as follows:
550550 a. if the offender is incarcerated, the offender mu st
551551 sign and complete the eligibility form a nd return it
552552 to the sheriff, if the offender is held in the county
553553 jail; or to the chief of police, if the offender is
554554 held in a city jail. The sheriff or chief of police,
555555 upon receipt of the completed eligibility form, shall
556556 file the form with the drug court coordinator who
557557 shall forward the form to the district attorney and
558558 the judge assigned to the offender's case, or
559559 b. after release of the offender from incarceration, the
560560 offender must sign and c omplete the eligibility form
561561 and file it with the drug court coordinator or the
562562 court, prior to or at the time of either initial
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589589 appearance or arraignment. The drug court coordinator
590590 shall forward the form to the district attorney and
591591 the judge assigned to the offend er's case.
592592 2. Any offender desiring le gal consultation prior to signing or
593593 completing the form for consideration in a drug court program shall
594594 be referred to the defense attorney of the drug court team, or a
595595 public defender, if the offender is indigent, or allowed to consult
596596 with private legal counsel.
597597 3. Nothing contained in the provisions of this subsection shall
598598 prohibit the drug court team from considering any offender deemed
599599 eligible for the program at any time prior to sentencing whose case
600600 has been prosecuted in the traditional manner, or u pon a violation
601601 of parole or probation conditions relating to substance abuse, upon
602602 recommendation of the district attorney drug court team as provided
603603 in Section 471.8 of this title.
604604 E. When an offender has filed a request to be considered for a
605605 drug court program, an initial hearing shall be set before th e drug
606606 court judge. The hearing shall be not less than three (3) work days
607607 nor more than five (5) work days after the date of the filing of the
608608 request form. Notice of the hearing shall be gi ven to the drug
609609 court team, or in the event no drug court team is designated, to the
610610 offender, the district attorney, and to the public defender. The
611611 offender shall be required to notify any private legal counsel of
612612 the date and time of the hearing.
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639639 SECTION 3. AMENDATORY 22 O.S. 2021, Section 471.3, as
640640 amended by Section 3, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2022,
641641 Section 471.3), is amended to read as follows:
642642 Section 471.3 A. At the initial hearing for consideration of
643643 an offender for a drug court pro gram, the district attorney drug
644644 court team shall determine whether:
645645 1. The offender has approval to be considered for the drug
646646 court program; and
647647 2. Any statutory preclusion, other prohibition, or program
648648 limitation exists and is applicable to considering the offender for
649649 the program.
650650 The district attorney ma y object to the consideration of an
651651 offender for the drug court program at the i nitial hearing.
652652 B. If the offender voluntarily consents to be considered for
653653 the drug court program and has signed and filed the requi red form
654654 requesting consideration, and no objection has been made by the
655655 district attorney, the court may refer the offender for a drug court
656656 investigation as provided in Section 471.4 of this title, and set a
657657 date for a hearing to determine final eligibil ity for admittance
658658 into the program.
659659 C. Upon any objection of the district attorney for
660660 consideration of an offender for the program, the court shall deny
661661 consideration of the offender's request may overrule the objection
662662 or sustain the objection of the d istrict attorney. If the court
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689689 overrules the objection and determines that the offender is eligible
690690 for participation in the drug court program , the court shall refer
691691 the offender for a drug court investigation as provided in Section
692692 471.4 of this title, and set a date for a hearing to determine final
693693 eligibility for admittance into the program. Upon denial for
694694 consideration If the court sustains the objection of the district
695695 attorney and denies the offender 's request for participation in the
696696 drug court program at the initial hearing, the criminal case shall
697697 proceed in the traditional manner. A denial of consideration of the
698698 offender for the program sh all not preclude any future consideration
699699 of the offender for the drug c ourt program with the approval of the
700700 district attorney drug court team.
701701 SECTION 4. This act shall become effective November 1, 2023.
702702
703703 59-1-6993 GRS 01/19/23