Req. No. 5786 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2225 By: Ford
AS INTRODUCED
An Act relating to victim impact panels; amending 22
O.S. 2021, Section 991a, which relates to sentencing
powers of the court; expanding scope of definition to
include certain business licensees; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 991a, is
amended to read as follows:
Section 991a. A. Except as otherwise provided in the Elderly
and Incapacitated Victim's Protection Program, when a defendant is
convicted of a crime an d no death sentence is 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
convicted defendant at the time of sentencing or at any time during
the suspended sentence to do one or more of the following:
Req. No. 5786 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. to provide restitutio n to the victim as provided by
Section 991f et seq. o f this title or according to a
schedule of payments established by the sentencing
court, together with interest upon any pecu niary 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 immediate family and if the
extent of the damage to the victim is determinable
with reasonable certainty,
b. to reimburse any state agency fo r 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 such person was convicted,
which reimbursement shall be m ade directly to the
state agency, with interest accru ing 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,
d. to pay a reasonable sum into any trust fund
established pursuant to the provisions of Sections 176
Req. No. 5786 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
through 180.4 of Title 60 of the Oklahoma S tatutes and
which provides restitution payments by convicted
defendants to victim s of crimes committed within this
state wherein such victim has incurred a financial
loss,
e. to confinement in the county jail 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) years of the total term allowed by
law for imprisonment, wit h or without restitution;
provided, however, the authority of this pr ovision 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 Okla homa Statutes when the offense
involved sexual abuse or sexual exploi tation; 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 t he Oklahoma Statutes,
g. to repay the reward or par t of the reward paid by a
local certified crime stoppers program and the
Oklahoma Reward System . In determining whether the
defendant shall repay the r eward or part of the
Req. No. 5786 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
reward, the court shall consider the ability of the
defendant to make the payment, the financial hardship
on the defendant to make the required payment and the
importance of the information 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 reco rds of the local certified
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 certifi cation 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 munici pal and district courts within
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 that agen cy during
its investigation of the crime for which the defendant
pleaded guilty, nolo contendere or was convicted
including compensation for laboratory, technical or
Req. No. 5786 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
investigation services performed by t he Bureau if, in
the opinion of the court, the defend ant is able to pay
without imposing manifest hardsh ip on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defendant 's case may be
determined with reasonable certaint y,
i. to reimburse the Oklahoma State Bureau of
Investigation and any authorized law enforcement
agency for all costs incurred 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 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 shall remit the remainder to
the Oklahoma State Bureau of Investigation to be
deposited in the OSBI Revolving Fund establishe d by
Section 150.19a of Title 74 of the Oklahoma St atutes
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.
of Title 21 of the Ok lahoma Statutes, for the benefit
of crime victims,
Req. No. 5786 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 and evalua tion by an
assessment agency or assessment personne l 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 alcohol a nd 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 ordered by the court,
m. to be placed in a victims impact pa nel program, as
defined in subsection H of this secti on, or
victim/offender reconciliation program and p ayment 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/offender reconc iliation program
shall be required to obtain a writ ten consent form
voluntarily signed by the victim and defendan t that
specifies the methods to be used to resolve the
issues, the obligations and rights of each person and
the confidentiality of the proceed ings. Volunteer
Req. No. 5786 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
mediators and employees of a victi m/offender
reconciliation program shall be immune from liabili ty
and have rights of confidentiality as provided in
Section 1805 of Title 12 of the Oklah oma Statutes,
n. to install, at the expense of the de fendant, an
ignition interlock device approved by t he 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 affix ed 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 modification 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 remove the restriction without
further court order. Failure to comply with the order
to install an ignition i nterlock device or operating
any vehicle without a device during the period of
restriction shall be a violation of the sentence and
may be punished as deemed proper by the sentencing
court. As used in this paragraph, "ignition interlock
Req. No. 5786 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
device" means a device that, without tampering or
intervention by another person, would prevent 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 electronic mon itoring administered
and supervised by the Departme nt of Corrections or a
community sentence provider, and paym ent of a
monitoring fee to the supervising authority, not to
exceed Three Hundred Dollars ($ 300.00) per month. Any
fees collected pursuant to th is subparagraph shall be
deposited with the appropr iate supervising authority .
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 confinement 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
records violations for invest igation by a qualified
supervisory agency or person,
Req. No. 5786 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
p. to perform one or more courses of tr eatment, education
or rehabilitation for any conditio ns, behaviors,
deficiencies or disorders which may contribute to
criminal conduct including but not limited to alcohol
and substance abuse, mental health, emotional health,
physical health, propensity fo r violence, antisocial
behavior, personality or attit udes, deviant sexual
behavior, child development, p arenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, education or any other
identifiable deficiency which may be treated
appropriately in the community and for which a
certified provider or a program recognized by the
court as having significant positive impact exists in
the community. Any treatment, education or
rehabilitation provider required to be certified
pursuant to law or rule shall be certified by the
appropriate state agency or a national organization,
q. to submit to periodic testing for alcohol,
intoxicating substance or controlled dangerous
substances by a qualified laboratory,
r. to pay a fee or costs for treatment, education,
supervision, participation i n a program or any
Req. No. 5786 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
combination thereof as determine d 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 co urt,
t. to obtain positive behavior modeling by a t rained
mentor,
u. to serve a term of confinement in a restrictive
housing facility available in the community,
v. to serve a term of confinement in the county jail at
night or during weekends pursuant to S ection 991a-2 of
this title or for work release,
w. to obtain employment or participate in employment -
related activities,
x. to participate in mandatory day reporting to
facilities or persons for service s, payments, duties
or person-to-person contacts as s pecified by the
court,
y. to pay day fines not to e xceed 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
earned. The day fine shall be paid to the local
community sentencing system as reparation to the
Req. No. 5786 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 suffic ient 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 in kind o r payment of out-
of-pocket expenses to the victim, if the court is able
to determine the actual ou t-of-pocket expenses
suffered by the victim,
cc. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offender is
deemed appropriate for participation,
dd. in the case of a person convicted of prostitution
pursuant to Section 1029 of Title 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 counseling in areas includin g but
not limited to alcohol and substance abuse, sexual
Req. No. 5786 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
behavior problems or domestic abuse or child abuse
problems,
ee. in the case of a sex offender sentence d after November
1, 1989, and required by law to re gister pursuant to
the Sex Offender Registra tion Act, the court shall
require the person to comply with sex offender
specific rules and conditions of su pervision
established by the Department of Correction s and
require the person to participate in a treatm ent
program designed for the treatment of se x offenders
during the period of time while the offender is
subject to supervision by the Department of
Corrections. The treatment program shall include
polygraph examinations specifically designed for use
with sex offenders for purposes of supervision an d
treatment compliance, and shall be administered not
less than each six (6) months during the period of
supervision. The examination shall be administered by
a certified licensed polygraph examiner . The
treatment program must be approved by the Departme nt
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 defendan t's
ability to pay,
Req. No. 5786 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ff. in addition to other senten cing powers of the court,
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 req uire the person to
participate in a drug court prog ram, if available. If
a drug court program is not available, the defendant
may be required to participate in a community
sanctions program, if availabl e,
gg. in the case of a person convicted of any false or
bogus check violation, as defined in Section 15 41.4 of
Title 21 of the Oklahoma Statutes, impose a fee of
Twenty-five Dollars ($25.00) to the victim 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 Twent y-five Dollars
($25.00) for each check upon filing of the case in
district court. This money shall be deposit ed in the
Bogus Check Restitution Program Fund as est ablished in
subsection B of Section 114 of this tit le.
Additionally, the court may require t he offender to
pay restitution and bogus check fees on any other
Req. No. 5786 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
bogus check or checks that have been submitte d to the
Bogus Check Restitution Program, and
hh. any other provision specifically ordered by the court.
However, any such order for restitution , community service,
payment to a local certified crime stoppers program, payment to the
Oklahoma Reward System or confinement in the county jail, or a
combination thereof, shall be made in conjunction with probation and
shall be made a condition of the su spended sentence.
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 attorney during the first two (2) years of
probation to compensate the district attorn ey for the costs incurred
during the prosecution of the offender 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 ma y 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 prosec ution is
warranted, the court shall equ ally apply the same percentage
reduction to the fine, costs and costs of prosecution owed by the
offender;
2. Impose a fine prescribed by law for the offense, with o r
without probation or commitment and with or witho ut restitution or
Req. No. 5786 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
service as provided for in this section, Section 991a -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 wit h
or without restitution as provided for in this se ction;
4. Order the defendant to re imburse the Oklahoma State Bureau
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 f or
laboratory, technical or investig ation 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 during the investigation o f the
defendant's case may be determ ined with reasonable certainty;
5. Order the defendant to reimburse the Oklahoma State Bureau
of Investigation for all costs incurred by that agency for cleaning
up an illegal drug laboratory site for which the defendan t pleaded
guilty, nolo contendere o r 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 shall remit the remainder to the Oklahoma
State Bureau of Inves tigation to be deposited in the OSBI Revolving
Fund established by Section 150.19a of Title 74 of the Oklahoma
Statutes;
Req. No. 5786 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. In the case of nonviolent felony offenses, se ntence such
person to the Community Service Sentenc ing Program;
7. In addition to the other sentencing powers of the court, in
the case of a person convicted of operating or being in control of a
motor vehicle while the person was under the influence of a lcohol,
other intoxicating substance or a combinati on of alcohol or another
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, require su ch person:
a. to participate in an alcohol and drug assessment and
evaluation by an assessment agency or assessment
personnel certified by the Department of Mental Health
and Substance Abuse Services pur suant to Section 3-460
of Title 43A of the Oklahoma S tatutes and, as
determined by the assessment, parti cipate in an
alcohol and drug substance abuse course or treatment
program or both, pursuant to Sections 3 -452 and 3-453
of Title 43A of the Oklahoma Sta tutes,
b. to attend a victims impact panel program, a s defined
in subsection H of this section, and to p ay a fee of
Seventy-five Dollars ($75.00) as set by the governing
authority of the program and approved by the court, to
the program to offset the cost of participation by the
Req. No. 5786 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
defendant, if in the opinion of the court the
defendant has the ability to pay s uch fee,
c. to both participate in the alcohol and drug substance
abuse course or treatment program, pursuant to
subparagraph a of this paragraph and at tend a victims
impact panel program, pursuant to subp aragraph b of
this paragraph,
d. to install, at the expense of the person, an ig nition
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 the person 's driver
license at the time of reinstatemen t of the license.
The restriction shall remain on the driver license for
such period as the court shall determine . The
restriction may be modified or removed by order of the
court and notice of the 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 remove the restriction witho ut
further court order. Failure to comply with the o rder
to install an ignition interlock device or ope rating
any vehicle without su ch device during the period of
restriction shall be a violation of the sentence and
Req. No. 5786 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
may be punished as deemed proper by the sentencing
court, or
e. beginning January 1, 1993, t o submit to electronically
monitored home detention administered and supervised
by the Department of Corrections, and to pay to the
Department a monitoring fee, not to exceed Seventy -
five Dollars ($75.00 ) a month, to the Department of
Corrections, if in th e opinion of the court the
defendant has the abilit y 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 wi llfully disobeyed, may be
enforced as an indirect c ontempt 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, 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 counseling in areas including but not limited to
alcohol and substance abuse, sexual behavior prob lems or domestic
abuse or child abuse problems;
9. In addition to the other sentencing powers of the court, in
the case of a person convicted of any crime related to domestic
Req. No. 5786 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
abuse, as defined in Sectio n 60.1 of this title, the court may
require the defendant to undergo the treatment or participate in the
counseling services neces sary 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 services;
10. In addition to the other sentencing powers of the court,
the court, in the case of a sex offender sentenced after November 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 designed specifically for th e treatment of sex
offenders, if available. The treatment program will include
polygraph examinations specifically designed for use with sex
offenders for the purpose of supervision and treatment complian ce,
provided the examination is administered by a c ertified 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 t he expense of
the defendant based on the ability of the defendant to pay;
11. In addition to the other sentencing powers 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
participate in counseling services . The defendant may be required
Req. No. 5786 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to pay all or part of the cost of the treatment or counselin g
services;
12. In addition to the other sentencing powers of the court,
the court, in the case of a pe rson convicted of cruel ty to animals
pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, 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 t he court, a
sex offender who is habitual or aggravated as defined by Section 584
of Title 57 of the Oklahoma Statutes and who is r equired to register
as a sex offender pursuant to the Sex Offenders Registration Act
shall be supervised by the Department of Corrections for the
duration of the registration period and shall be assigned to a
global position monitoring device by the Depart ment of Corrections
for the duration of the registrat ion period. The cost of such
monitoring device sha ll be reimbursed by th e offender;
14. In addition to the other sentencing powers of the court, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration A ct, the court may
prohibit the person from accessin g or using any Intern et social
networking website that has the potential or likelihood of allowing
the sex offender to have contact with any child who i s under the age
of eighteen (18) years;
Req. No. 5786 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
15. In addition to the other sentencing powers of the court, i n
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration 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 powers of the court,
and pursuant to the terms and conditions of a written plea
agreement, the court may prohibit the defendant from entering,
visiting or residing within the judic ial district in which the
defendant was convicted unt il after completion of his or her
sentence; provided, however, the court shall ensure that the
defendant has access to those services or programs for which the
defendant is required to participate as a c ondition of probation.
When seeking to enter the pro hibited judicial district for personal
business not related to his or her criminal case, the defendant
shall be required to obtain approval by the court .
B. Notwithstanding any other provision of law, a ny person who
is found guilty of a violation of any p rovision of Section 761 or
11-902 of Title 47 of th e Oklahoma Statutes or any person pleading
guilty or nolo contendere for a violation of any provision of such
sections shall be ordered to participate i n, prior to sentencing, an
Req. No. 5786 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
alcohol and drug assessmen t and evaluation by an assessment agency
or assessment personnel certified by the Department of Mental Health
and Substance Abuse Services for the purpose of evaluating the
receptivity to treatment and p rognosis of the person. The court
shall order the person to reimburse the agency 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 office of a
certified assessor or at another location as ordere d 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 s entencing
determination. No person, agency or faci lity operating an alcohol
and drug substance abuse evaluation program 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 facility has a vested
interest; however, this provision shall not be construed to prohibit
the court from ordering participation in or any pers on from
voluntarily utilizing a treatment program o r alcohol and drug
substance abuse service offered by such person, agency or facility .
If a person is sentenced to the custody of the Department of
Corrections and the court has received a written evaluat ion report
Req. No. 5786 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
pursuant to this subsection, the report shall be furnished to the
Department of Corrections with the judgment and sentence . Any
evaluation report submitted to the court pursuant to this subse ction
shall be handled in a manner which will keep su ch report
confidential from the general public 's review. Nothing contained in
this subsection shall be construed to prohibit the court from
ordering judgment and sentence in the event the defendant fail s or
refuses to comply with an order of the court 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 restitution for the victim, as
well as imposition of a fi ne or incarceration of the offender. The
provisions of paragraph 1 of subsection A of this section shal l not
apply to defendants being sentenced upon their third or subsequent
to their third conviction of a felony or, beginning January 1, 1993,
to defendants being sentenced for their second or subsequent fe lony
conviction for violation of Section 11 -902 of Title 47 of the
Oklahoma Statutes, except as otherwise provided in this subsection .
In the case of a person being sentenced for his or her second or
subsequent felony conviction for violation of Section 1 1-902 of
Title 47 of the Oklahoma Statutes, the cou rt 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 sup ervised by the
Req. No. 5786 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Department of Corrections pursuant t o 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 waiver sh all 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 of subsec tion A of this section, is
a procedure by which a d efendant 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 Corrections, 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 viola tion of any condition of deferred
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 relea se from incarceration or if parole is granted
and shall not be limited to two (2) years . Provided further, any
supervision provided for in this section may be extended for a
period not to exceed the exp iration of the maximum term or terms of
Req. No. 5786 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the sentence upon a determination by the court or the Division o f
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 su pervision.
F. The Department of Corrections, or such other agency as the
court may designate, shall be responsible for the monitoring and
administration of the restitution and service programs provided for
by subparagraphs a, c and d of paragraph 1 of sub section A of this
section, and shall ensure that rest itution 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 through appropriat ion by the Legislature,
to contract with counties for the administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Program pursuant
to this section shall be eligible to participate in a county
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 count ies for such Programs. A county may apply
to the Department for a contract for a county -funded Program for a
specific period of time. The Department shall be responsible for
ensuring that any contracting county complies in full with
Req. No. 5786 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
specifications and re quirements of the contract. The contract shall
set appropriate compensation to the county for services to the
Department.
4. The Department is hereby authorized to provide technical
assistance to any county in establishing a Program, regardless of
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall include app ropriate
staffing, development of community resources, sponsorship,
supervision and any other requirements.
5. The Department shall annually make a rep ort to the Governor,
the President Pro Tempore of the Senate and the Speaker 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 Department and the c osts of each Program.
H. As used in this section:
1. "Ignition interlock device " means a device that, without
tampering or intervention by another person, would prevent 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 defendant within a specified location or
locations with monitoring by means of a device approved by the
Req. No. 5786 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Department of Correct ions that detects if the person leaves the
confines of any specified location; and
3. "Victims impact panel program" means a program conducted by
a corporation registered with the Secretary of State in Oklahoma for
the sole purpose of operating a victims impact panel program. The
program shall include live presentations from presenters 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 ille gal conduct of others has personally
impacted the lives of the presenters. A victims impact panel
program shall be attended by persons 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 motor vehicle while the ability of the person
to operate such vehicle was impaired due to the consumption 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 impact panel p rogram
shall be required to pay a fee of Seventy -five Dollars ($75.00) to
the provider of the program . A certificate of completion shall be
issued to the person upon satisfying the attendance and fee
requirements of the victims impact panel program . The certificate
Req. No. 5786 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of completion shall contain the business identification number of
the program provider . A certified assessment agency, certified
assessor or, provider of an alcohol and drug substance abuse course ,
or an individual, legal or commercial business entity that holds any
business license issued in ac cordance with the Oklahoma Alcoholic
Beverage Control Act or the Oklahoma Medical Marijuana and Patient
Protection Act shall be prohibited from providing a victims im pact
panel program and shall further be prohibited from having any
proprietary or pecuniary in terest in a victims impact panel program .
The provider of the victims impact panel program shall carry general
liability insurance and maintain an accurate accou nting of all
business transactions and funds received in relation to the victims
impact panel program. Beginning October 1, 2020, and each October 1
thereafter, the provider of the victims impact panel program shall
provide to the District Attorneys Counc il the following:
a. proof of registration with the Okla homa Secretary of
State,
b. proof of general liability insurance,
c. end-of-year financial statements prepared by a
certified public accountant,
d. a copy of federal income tax returns filed with the
Internal Revenue Service,
e. a registration fee of One T housand Dollars
($1,000.00). The registration fee shall be deposited
Req. No. 5786 Page 29 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
in the District Attorneys Council Revolving Fund
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 complied with all of
the requirements set forth in this paragraph.
I. A person convicted of a felony offense or receiving any form
of probation for an offense in which registration is required
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid (DNA) testing for law enforcement
identification purposes in accordance with Section 150.27 of Title
74 of the Oklahoma Statutes and the rules promulgated by the
Oklahoma State Bureau of Investigation for the OSBI Com bined DNA
Index System (CODIS) Databas e. Subject to the availability of
funds, any person convicted of a misdemeanor offense of assault and
battery, domestic abuse, stalking, possession of a controll ed
substance prohibited unde r the Uniform Controlled Dan gerous
Substances Act, outraging publi c decency, resisting arrest, escape
or attempting to escape, eluding a police officer, Peeping Tom,
pointing a firearm, threatening an act of violence, breaking a nd
entering a dwelling place, destruction of property, n egligent
homicide or causing a persona l injury accident while driving under
the influence of any intoxicating substance, or any alien unlawfully
present under federal immigration law, upon arrest, sha ll submit to
Req. No. 5786 Page 30 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
DNA testing for law enforcement identificat ion purposes in
accordance with Sectio n 150.27 of Title 74 of the Oklahoma Statutes
and the rules promulgated by the Oklahoma State Bureau of
Investigation for the OSBI Combined DNA Index System (CODI S)
Database. Any defendant sentenced to probation shall be required to
submit to testing with in thirty (30) days of sentencing either 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 Statutes,
for those defendants who enter the custody of the Department of
Corrections or to the county sheriff, for those defend ants sentenced
to incarceration in a county jail . Convicted individuals who have
previously submitted to DNA testing under this section and for whom
a valid sample is on file in the OSBI Combined DNA Index System
(CODIS) Database at the time of sentencing shall not be required to
submit to additional testing . Except as required by the Sex
Offenders Registration Act, a deferred judgment 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 bl ood or saliva sample prior
to release. Every person subject to DNA testing after January 1,
2006, whose sentence does not include a term of confinement with the
Req. No. 5786 Page 31 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Department of Corrections shall submit a blood or saliva sample.
Every person subject to DNA testing who is sentenced to unsupervised
probation or otherwise not supervised by the Department of
Corrections shall submit for blood or saliva testing to the sh eriff
of the sentencing county.
J. Samples of blood or saliva for DNA testing required by
subsection I of this section shall be taken by employees or
contractors of the Department of Corrections, peace officers, or the
county sheriff or employees or contr actors of the sheriff 's office.
The individuals shall b e properly trained to collect blood or saliva
samples. Persons collecting blood 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 collectio n of samples are mailed to the Oklahom a State
Bureau of Investigation within ten (10) days of the time the subject
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 samples shall use sample k its provided 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 s ample for submission to the
OSBI Combined DNA Index System (CODIS) Database . Any fees collected
pursuant to this subsection shall be deposited in the revolving
Req. No. 5786 Page 32 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
account or the service fee account of the collection agen cy or
department.
K. When sentencing a person who has been convicted of a crime
that would subject that person to the provisions of the Sex
Offenders Registration Act, neither the court nor the distr ict
attorney shall be allowed to waive or exempt such pe rson from the
registration requirement s of the Sex Offenders Registration Act.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5786 GRS 01/10/23