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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2259 By: Sterling and Goodwin of the
House
and
Howard of the Senate
[ court financial obligations - court cost compliance
program and warrants - court cost compliance liaisons
- cost hearings - down payment requirement -
citations to appear – defendant's ability to pay
court financial obligations - hardship waivers -
reporting procedures - terms for payment of court
financial obligations - guidelines to determine
delinquency - summons form - referrals to the court
cost compliance program - supporting documents -
willfulness hearings - jail sentences - jail rates
related to fees and costs - effective date ]
AUTHOR: Add the following House Coauthor: Pittman
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
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“An Act relating to court financial obligations;
amending 19 O.S. 2021, Sections 514.4 and 514.5,
which relate to outstanding warrants and
administrative costs; establishing court cost
compliance program; stating purpose of program;
authorizing assistance o f court cost compliance
liaisons; modifying requirements for certain
payments; establishing procedures for payments in
cases referred to court cost compliance liaison;
requiring reversal o f transaction upon certain
notification; authorizing addition of cer tain fees;
requiring court cost compliance liaison to provide
certain information; modifying procedures for release
or recall of certain warrants; conforming language;
authorizing certain waiver or reduction; amending 22
O.S. 2021, Section 983, which relat es to failure to
pay fines, costs, fees, or assessments; defining
terms; authorizing court to make determination of
defendant’s ability to pay; authorizing hardship
waiver of court financi al obligations under certain
circumstances; requiring court to consi der certain
factors when making determination of ability to pay;
prohibiting consideration of certain amounts as
income; establishing presumptions of inability to
pay; requiring court to p rovide certain information
to defendant; requiring immediate appeara nce after
sentencing by defendant to court clerk for certain
purposes; stating consequence of certain failure to
appear; authorizing certain payment terms for court
financial obligations; authorizing defendant to
request cost hearing; establishing procedur es and
requirements for cost hearing; authorizing court to
rely on certain testimony and documentation for
making certain determination; requiring promulgation
of certain affidavit by Cour t of Criminal Appeals;
authorizing certain conditions of payment by
defendant able to pay; authorizing issuance of
certain warrants; directing percentage of reduction
of certain court financial obligations; establishing
requirements and procedures for cert ain delinquency;
specifying form of certain summons; directing
referrals to court cost compliance program;
establishing procedures for outstanding cost cite and
release warrants; requiring law enforcement officer
to issue certain warning; establishing proc edures for
issuance of certain warning; requiring certain
actions by court clerk upon reporting of defendant;
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authorizing issuance of cost arrest warrant for
failure to report; requiring court to conduct cost
hearing or willfulness hearing under certain
circumstances; providing exception to certain summons
requirement; stating effect of provisions on certain
warrants; providing for confidentiality of certain
supporting documents; authorizing willfulness hearing
under certain circumstances; construing provis ions;
requiring certain evaluations by court at willfulness
hearing; authorizing court to impose jail sentence
under certain circumstances; authorizing granting of
certain credit upon imposition of jail sentence;
modifying requirements for certain notice t o Service
Oklahoma; requiring county participation in court
cost compliance program; requiring case referrals
within certain time period; modifying requirements
for certain procedures and rules; amending 28 O.S.
2021, Section 101, which relates to fees and costs in
criminal cases; conforming language; increasing daily
rates for imprisonment for satisfaction of court
financial obligations; modifying definition;
repealing Sections 2, 3, 4, 5, and 6, Chapter 350,
O.S.L. 2022, which relate to court financial
obligations; and providing an effective date.
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 514.4, is
amended to read as follows:
Section 514.4. A. Notwithstanding any other section of law,
the county 1. Effective November 1, 2023, there is her eby
established a court cost compliance program. The purpose of the
program shall be to assist cou nty sheriffs and the courts of this
state with the collection of fines, costs, fees, a nd assessments
associated with any case in which a warrant has been issued and the
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case has been referred to the court cost compliance program pursuant
to Section 983 of Title 22 of the Oklahoma Statutes.
2. County sheriffs of any Oklahoma county in this state may
contract with a statewide association of county sheriffs to
administer contracts with third parties who shall be known as court
cost compliance liaisons. The court cost compl iance liaison may
assist with attempting to locate and notify persons o f their
outstanding misdemeanor or failure-to-pay cost-related warrants and
recover and maintain accounts relating to past due fines, fees,
costs, and assessments. County sheriffs cont racting with a
statewide association of county sheriffs for the adminis tration of
third-party contracts may assign their rights and duties regarding
these contracts to the association.
B. A person may make payment directly to the court, as allowed
by law, or the contractor court cost compliance liaison, as allowed,
shall be authorized to accept payment on misdemeanor or failure-to-
pay cost-related warrants on all cases referred p ursuant to Section
983 of Title 22 of the Oklahoma Statutes by various means including,
but not limited to, payment by phone, mail, or Internet, and in any
payment form including, but not limited to, personal, cashier’s,
traveler’s, certified, or guaranteed bank check, postal or
commercial money order, nationally recognized credit o r a debit
card, or other generally accepted payment form. Any payment
collected and received by the contractor court cost compliance
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liaison shall be paid to the court clerk of the court that issued
the warrant within fifteen (15) days to the court clerk of the
entity that issued the outstanding misdemeanor or failure -to-pay
warrant after receipt of the payment and proof of funds . Any
payment collected and received by the court, where the court has
referred the case to a court cost compliance liaison, shall be
reported to the court cost compliance liaison within four (4) days
of receipt of the payment. Any payment returned due to insufficient
funds shall have all insufficient fund charges incurred added to the
outstanding balance of the defendant. If a credit card payment
taken by a court cost compliance liaison is determined to be a
fraudulent use of the credit card by the payor and the payment is
reversed by the credit card company or payor’s bank, the court clerk
shall reverse the transaction upon notification, return the payment
to the court cost compliance liaison, and the court cost compliance
liaison shall continue the collection p rocess until paid. The court
clerk shall add any a dditional fees for the reversal of the
transaction plus the administration fees to the outstanding balance
of the defendant. Court cost compliance liaisons shall inform
individuals of their right to a cos t hearing as provided in Section
983 of Title 22 of the Oklahoma Statutes.
C. As provided for by this section, a person may pay in lieu of
appearance before the court and such payment accept ed by the court
shall constitute a finding of guilty guilt as though a plea of nolo
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contendere had been entered by the defendant as allowed by law and
shall function as a written, dated , and signed plea form acceptable
to the court. Such payment shall ser ve as a written waiver of a
jury trial.
D. The court shall release or recall the outstanding
misdemeanor or failure-to-pay cost-related warrant upon receipt of
all sums due pursuant to said the warrant including the misdemeanor
or failure-to-pay cost-related warrant, scheduled fine or sum due,
all associated fees, costs and statutory penalty assessme nts, and
the administrative cost pursuant to Section 514.5 of this title , or
with a mutually agreeable monthly payment plan and a down payment
set at the discretion of the court at an amount no less than One
Hundred Dollars ($100.00). A single down payment shall be
sufficient to recall all cost -related warrants agai nst a defendant
pending in a single jurisdiction.
E. The provisions of any contract entered into by a county
sheriff shall be administered by a statewide association of county
sheriffs in Oklahoma.
F. The provisions of this section and Section 514.5 of this
title shall be applica ble to:
1. Any misdemeanor or failure-to-pay cost-related warrant
issued pursuant to Section 983 of Title 22 of the Oklahoma Statutes
or relating to any proceeding pursuant to the State and Municip al
Traffic, Water Safety, and Wildlife Bail Bond Procedure Act;
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2. Any misdemeanor or failure-to-pay cost-related warrant
issued that allows a defendant to resolve the matter by payment in
lieu of a personal appearance in court; and
3. Any failure-to-pay cost-related warrant issued in a criminal
case.
SECTION 2. AMENDATORY 19 O.S. 2021, Section 514.5 , is
amended to read as follows:
Section 514.5. A. Misdemeanor or failure-to-pay cost-related
warrants or cases referred to the third-party contractor court cost
compliance liaison pursuant to Section 514.4 of this title shall
include the addition of an admin istrative cost of thirty percent
(30%) of the outstanding misdem eanor or failure-to-pay cost-related
warrant, scheduled fine or sum due, and all associated fees, costs
and statutory penalty assessments. This administrative cost shall
not be waived or reduced except unless the amount owed is waived or
reduced or by order of the court upon good cause.
B. The administrative cost reflected in su bsection A of this
section, when collected, shall be distributed to the third-party
contractor court cost compliance liaison, a portion of which may be
used to compensate the statewide association administrati ng the
contract.
C. The monies collected and disbursed shall be audited at least
once a year by a firm approved by the State Auditor and Inspector.
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SECTION 3. AMENDATORY 22 O.S. 2021, Section 983, is
amended to read as follows:
Section 983. A. Any As used in this section, unless the
context otherwise requires:
1. “Cost arrest warrant” means a warrant authorizing arrest
that is issued by a court under the following circumstances:
a. failure to comply with the terms of a court financial
obligations payment plan,
b. failure to appear at a co st hearing or willfulness
hearing, or
c. failure to appear at the office of the court clerk of
the county in which the court financial obligation is
owed within ten (10) days of being cited by a law
enforcement officer to appear;
2. “Cost cite and release warrant” means a warrant issued by a
court authorizing citation and release under the following
circumstances:
a. failure to comply with terms of a court financial
obligations payment plan , or
b. failure to appear at a co st hearing or willfulness
hearing;
3. “Cost hearing” means a hearing in which the court determines
the ability of a defendant to pay court financial obligations. Once
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a cost hearing date has b een set, all court financial obligations
shall be suspended until the cost hearing has b een held;
4. “Court financial obligation” means all financial obligations
including fines, costs, fees, and assessments, imposed by the court
or required by law to be paid, excluding restitution or payments to
be made other than to t he court clerk;
5. “Payment-in-full” means a court financial payment term that
requires the defendant to pay the full amount of court financial
obligations owed within ninety (90) days of a plea or sentence in
the district court or within thirty (30) days of a plea or sentence
in the municipal court;
6. “Payment-in-installments” means payment terms for court
financial obligations that require the defendant to make monthly
payments in any amount until the amount owed is fully paid ; and
7. “Willfulness hearing” means a hearing in which the court
determines whether a defendant who has previously been found to have
the ability to pay co urt financial obligations has willfully failed
to pay the debt.
B. 1. Except in cases provided for in Section 983b of this
title, when the judgment and sentence of a court, either in whole or
in part, imposes court financial obligations upon a defendant, the
court at the time of sentencing may immediately, or at any point
thereafter until the debt is either paid or waived , determine the
ability of a defendant to pay the court financial obligations. The
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court may make such determinations at a cost hearing or upon written
motion or affidavit by the defendant. The ability of a defendant to
pay court financial obligations may not impact the sentence imposed .
2. Defendants with court financial obligations who are found by
the court to be unable to pay, in whole or in part, shall be
relieved of the debt by the court through a hardship waiver of the
court financial obligations, either in whole or in part.
3. In determining the ability of a defendant to pay, the court
shall consider the following factors:
a. individual and household income,
b. household living expenses,
c. number of dependents,
d. assets,
e. child support obligations,
f. physical or mental hea lth conditions that diminish the
ability to generate income or manage resources,
g. additional case-related expenses to be paid by the
defendant, and
h. any other factors relevant to the ability of the
defendant to pay.
4. In determining the ability of a defendant to pay, the
following shall not be considered as income or assets:
a. child support income,
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b. any monies received from a federal, state, or tribal
government need-based or disability assistance
program, or
c. assets exempt from bankruptcy.
5. Defendants in the following circumstances are presumed
unable to pay and eligible for relief under paragr aph 2 of this
subsection:
a. designated as totally disabled by any federal, state,
or tribal disability services pr ogram including but
not limited to military disability, Social Security
Disability Insurance, Supplemental Security Income, or
tribal disability benefits,
b. receives support from the Temporary Assistance for
Needy Families program, Supplemental Nutrition
Assistance Program, the Special Supplemental Nutrition
Program for Women, Infants, and Children nutrition
education and supplemental food program, or any other
federal need-based financial support,
c. receives subsidized housing support through the
Housing Choice Voucher program, the United States
Department of Housing and Urban Development, or other
state, local, or federal government housing subsidy
program, or
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d. total income is below one hundred fifty percent (150%)
of the federal poverty level.
C. 1. At the time of a plea or sentencing, the court shall
inform the defendant of the total court financial obli gations owed,
the consequences of failing to pay the court financial obligations,
and that the defendant may request a cost hearing if at any time he
or she is unable to pay the court financial obligations, at which
point the court may waive all or part of the debt owed. If the
total amount of court financial obligations owed is not available at
the time of the plea or sentencing, the court shall inform the
defendant that court financial obli gations have been incurred and
the time and location where the defendant may learn of the total
amount owed.
2. The court shall order the defendant to appear immediately
after sentencing at the office of the court clerk to provide current
contact information and to either select payment terms or request a
cost hearing. Failure to immediately report to the court clerk
shall result in the full amount of court financial obligations to be
due thirty (30) days from the date of the plea or sentencing in
district courts or thirty (30) days from the date of the plea or
sentencing in municipal courts.
3. Payment of court financial obligations may be made under the
following terms:
a. payment in full, or
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b. payment in installments.
Upon any change in circumstances affecting the ability of a
defendant to pay, a defendant may request a cost hearing before the
court by contacting the court clerk.
4. The district court for each county and all municipal courts
shall provide a cost hearing for any defendant upon request, either
by establishing a dedicated docket or on an as-requested basis. A
defendant who requests a cost hearing will receive a summons by
personal service or by United States mail to appear in court as
required by subsection G of this section. If a defendant fails to
appear for a requested cost hearing, the court may issue either a
cost cite and release warrant or a cost arrest warrant. No fees
shall be assessed or collec ted from the defendant as a consequence
of either requesting a cost hearing or the issuing of a cost cite
and release warrant.
D. In determining the ability of the defendant to pay court
financial obligations, the court may rely on testimony, relevant
documents, and any information provided by the defendant using a
cost hearing affidavit promulgated by the Court of Criminal Appeals.
In addition, the court may make inquiry of t he defendant and
consider any other evidence or testimony concernin g the ability of
the defendant to pay.
E. 1. If at the initial cost hearing or any subsequent cost
hearing, the court determines that the defendant is able to pay some
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or all of the court financial obligations, the court may order any
of the following conditions for p ayment:
a. payment in full,
b. payment in installments,
c. financial incentive under a set of conditions
determined by the court, or
d. community service in lieu of payment ; provided, the
defendant shall receive credit for no less than two
times the amount of the minimum wage specified
pursuant to state law for each hour of community
service.
2. Any defendant who fails to comply with the terms of the
payment plan ordered by the court shall be considered delinquent and
the court may issue either a cost cite and release warrant or a cost
arrest warrant.
F. If the court determines that a waiver of any of the court
financial obligations is warranted, the court shall apply the same
percentage reduction equally to all fines, costs, fees, and
assessments, excluding restitution.
G. 1. A defendant is considered delinquent in the payment of
court financial obligations under the following circumstances:
a. when the total amount due has not been paid by the due
date, or
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b. when no installment payments ha ve been received in the
most recent ninety-day period.
2. The court clerk shall periodically review cases for
delinquency at least once every six (6) months and, upon identifying
a delinquent defendant, notify the court which shall, within ten
(10) days thereafter, set a cost hearing for the court to determine
if the defendant is able to pay. The cost hearing shall be set
within forty-five (45) days of the issuance of the summons. The
hearing shall be set on a date that shall allow the court clerk to
issue a summons fourteen (14) days prior to the cost hearing.
Defendants shall incur no additional fees associated with the
issuance of the summons.
3. At least (14) days prior to the cost hearing, the court
clerk shall issue one summons to the defendant to be served by
United States mail to the mailing address of the defendant on file
in the case, substantially as follows:
SUMMONS
You are ORDERED to appear for a COST HEARING at a specified
time, place, and date to determine if you are financially able to
pay the fines, costs, fees, or assessments or an installment due in
Case No.__________.
YOU MUST BE PRESENT AT THE HEARING.
At any time before the date of the cost hearing, you may contact
the court clerk and pay the amount due or request in writing or in
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person prior to the court date, that the hearing be rescheduled for
no later than thirty (30) da ys after the scheduled time .
THIS IS NOT AN ARREST WARRANT. However, if you fail to appear
for the cost hearing or pay the amount due, the court will issue a
WARRANT and refer the case to a court cost compliance liaison which
will cause an additio nal administrative fee of up to thirty-five
percent (35%) to be added to the amount owed and may include
additional costs imposed by the court.
4. Referrals to the court cost compliance program as provided
in subsection L of this section shall be made as follows:
a. courts shall refer a case to the court cost compliance
program upon the issuance of a cost arrest warrant,
b. courts may refer a case to the court cost compliance
program upon the issuance of a cost cite and release
warrant, or
c. courts may refer a case to the court cost compliance
program without the issuance of a warrant; provided,
the defendant is delinquent and has had sufficient
notice and opportunity to have a cost hearing.
5. A municipal court, in lieu of mailing the summons provided
for in this subsection, may give the summons to the defendant in
person at the time of sentencing or subsequent appearance of a
specific date, time, and place, not fewer than thirty (30) days nor
more than one hundred twenty (120) days from the date of sentencing
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to appear for a cost hearing if the court financial obligations
remain unpaid.
H. 1. If a defendant is found by a law enforcement officer to
have an outstanding cost cite and release warrant, the law
enforcement officer shall issue a Warning/Notice to appear within
ten (10) days of release from detention on the warrant to the court
clerk of the court in which the court financial obligations are
owed. If the officer has the nec essary equipment, the o fficer shall
immediately transmit the Warning/Notice electronically to the court
clerk of the court in which the court financial obligations are
owed. The law enforcement officer shall not take the defendant into
custody on the cite and release warrant, and no other law
enforcement officer who encounters the defendant during this ten-day
period may take the defendant into custody on the warrant. If the
law enforcement officer is unable to transmit the Warning/Notice
electronically to the court clerk, the officer shall inform the
appropriate department staff member within the agency of the law
enforcement officer of the Warning/Notice within five (5) days. The
department staff member shall then promptly notify the law
enforcement agency in the jurisdiction that issued the warrant
electronically. The electronic communication shall be treated as a
duplicate original for all purposes in any subsequent hearings
before the appropriate court.
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2. If the defendant reports to the office of the court clerk
within the ten (10) days, the court clerk shall:
a. inform the court of the Warning/Notice to the
defendant and contact,
b. schedule a cost hearing pursuant to applicable local
court rule, and
c. submit the warrant to the court for recall pending the
cost hearing.
3. If the defendant fails to report to the office of the court
clerk within the ten (10) days, the court may issue a cost arrest
warrant for the arrest of the defendant.
4. At the hearing following the arrest for failure to appear,
the court shall condu ct a cost hearing or willfulness hearing, as
the court deems appropriate, within seventy-two (72) hours unless:
a. the defendant pays One Hundred Dollars ($10 0.00)
toward the court financial obligation, is released
from custody, and the new cost hearing date is
provided, or
b. the court releases the def endant on the defendant’s
own recognizance and a new cost hearing date is
provided.
5. The provisions for issuing a separate summons described in
subsection G of this section shall not apply to a municipal court if
the municipal court has previously provided actual personal notice
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to the defendant of an opportunity for a cost hearing. If such
notice was given and the defendant fails to appear, the municipal
court may issue either a cost cite and release warrant or a cost
arrest warrant.
6. All warrants for failure to appear at a cost hearing or for
failure to pay court financial obligations which have been issued
prior to the effective date of this act and which remain unserved ,
shall be treated as cost cite and release warrants. All warrant
fees assessed for warrants for failure to appear at a cost hearing
or for failure to pay court financial obligations issued prior to
the effective date of this act shall remain in effect unless wai ved
by the court.
I. Supporting documents in a motion or affidavit for relief
from court financial obligation debt or any documents taken into
evidence during a cost hearing or willfulness hearing shall not be
viewable by the public on a court-controlled website.
J. 1. After a cost hearing whe re a defendant is found guilty
of an offense in any court of this sta te may be imprisoned for
nonpayment of the fine, cost, fee, or assessme nt when the trial able
to pay a court financial obligation, either in whole or in part, and
then becomes delinquent in that payment, a court finds after notice
and may conduct a willful ness hearing that the defendant is
financially able but refuses or negl ects to pay the fine, cost, fee,
or assessment. A sentence to pay a fine, cost, fee, or assessment
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may be converted into a jail sentence only after a hearing and a
judicial determinati on, memorialized of record, that the defendant
is able to satisfy the f ine, cost, fee, or assessment by payment,
but refuses or neglects so to do.
B. After a judicial determination that the defendant is able to
pay the fine, cost, fee, or assessment in in stallments, the court
may order the fine, cost, fee, or assessment to b e paid in
installments and shall set the amount and date for each installme nt
at any time beginning immediately afte r a cost hearing has been held
and a decision rendered on the court f inancial obligations .
Findings of a defendant ’s prior ability to pay m ay be considered as
evidence of ability to pay or willfulness at the he aring. The
requirements of this paragraph sh all not be construed to prohibit
the court from holding subsequent co st hearings on the same court
financial obligations.
2. At a willfulness hearing, the court shall evaluate the
following:
a. whether a cost hearing has been held previously where
evidence relating to ability to pay was presented and
the court found the de fendant was able to pay the
court financial obligations, either in whole or in
part,
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b. whether there is any new evidence of ability to pay
not previously considered or a change in circumstances
since the cost hearing,
c. whether the defendant was afforded sufficient time and
opportunity to fulfill the obligation to pay the court
financial obligations,
d. whether the defendant made any efforts to s atisfy the
court financial obligations, and
e. whether there are any other relevant facts or
circumstances.
3. After a finding of willful failure to pay court financial
obligations, the court may impose a jail sentence pursuant to
Section 101 of Title 28 of the Oklahoma Statutes. A jail sentence
may be imposed only under the following circumstances:
a. the hearing is conducted on the record pursuant to the
rules promulgated by the Court of Criminal Appeals,
and
b. the defendant is represented by counsel or expressly
waives his or her right to counsel.
4. If a jail sentence is imposed, the court may grant credit
for any time already served. At any time after incarceration, the
jail sentence may be satisfied upon payment in full of the
outstanding balance with credit for any time already served.
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C. K. In addition, the district court or municipal court,
within one hundred twenty (120) days from the date upon which the
person was originally ordered to make payment, and if the court
finds and memorializes into the record that the defendant is
financially able but willfully refuses to pay the court financial
obligations, or an installment due, may send notice of nonpayment of
any court ordered court-ordered fine and costs for a moving traffic
violation to the Department of Public Safety Service Oklahoma with a
recommendation of suspension of driving privileges of the de fendant
until the total amount of any fine and costs court financial
obligation has been paid. Upon receipt of payment of the total
amount of the fine and costs court financial obligati ons for the
moving traffic violation, the court shall send notice ther eof to the
Department Service Oklahoma, if a nonpayment notice was sent as
provided for in this subsection. Notices sent to the Department
Service Oklahoma shall be on forms or by a met hod approved by the
Department Service Oklahoma.
L. Every county of this state shall fully utilize and
participate in the court cost compliance program. Cases shall be
referred to the court cost compliance program no more than sixty
(60) days after the court has ordered the r eferral pursuant to
paragraph 4 of subsection G of this section, unless the defendant
pays the amount owed on the court financial obligation or an
installment due. When the court refers a case, the updated contact
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information on file shall be forwarded to a court cost compliance
liaison for collection purposes.
D. M. The Court of Criminal Appeals shall implement procedur es
and rules for methods of establishing payment plans of fines, costs,
fees, and assessments b y indigents, which for implementation of the
requirements of this section. Such procedures and, rules shall be
distributed to all district courts and municipal courts, and any
supplemental forms may be made available by the Administrative
Office of the Courts.
SECTION 4. AMENDATORY 28 O.S. 2021, Section 101, is
amended to read as follows:
Section 101. The fees herein provided for the cl erk of the
district court and the sheriff, as provided in this act section, and
all costs in the prosecution of al l criminal actions shall, in case
of conviction of the defendant, be adjudged a part of the penalty of
the offense of which the defendant may be convicted, whether the
punishment for such offense be either imprisonme nt, or fine, or
both, and fixed either b y the verdict of the jury, or judgment of
the court, trying the case, and if the defendant shall refuse to pay
the fine, fees or costs court financial obligations, the payment of
such fees and costs, in addition to the payment of the fine
assessed, shall be enforced by imprisonment until the same shall be
satisfied at a rate of Twenty-five Dollars ($25.00) up to One
Hundred Dollars ($100.00) per day of such fees and costs, or fine,
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or both, or shall be satisfied at a rate of Fifty Dollars ($50.00)
up to Two Hundred Dollars ($200.00) per day of such fees and costs,
or fine, or both, should the defendant perform useful labor. If the
defendant is without means to pay the fine, fees or costs, the total
amount owed shall may be entered upon the as a judgment docket and
thereupon the same remedies shall be available for the enforcement
of said the judgment as are available to any other judgment
creditor.
The term “all costs in the prosecution of all criminal actions ”,
as used in this section, shall include only the following taxable
items:
1. Court clerk’s costs and fees authorized by statute;
2. Sheriff’s fees;
3. Fees and mileage of witnes ses; and
4. Cost deposits in the appellate court, whether on appeal, in
an original proceeding or in any postconviction cha llenge, if waived
on the basis of a pauper’s affidavit all court financial obligations
as defined in Section 983 of Title 22 of the Oklahoma Statutes.
SECTION 5. REPEALER Sections 2, 3, 4, 5, and 6, Chapter
350, O.S.L. 2022, are hereby repealed.
SECTION 6. This act shall become effective November 1, 2023.”
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Passed the Senate the 26th day of April, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2259 By: Sterling and Goodwin of the
House
and
Howard of the Senate
[ court financial obligations - court cost compliance
program and warrants - court cost compliance
liaisons - cost hearings - down payment requirement
- citations to appear – defendant's ability to pay
court financial obligations - hardship waivers -
reporting procedures - terms for payment of court
financial obligations - guidelines to determine
delinquency - summons form - referrals to the court
cost compliance program - supporting documents -
willfulness hearings - jail sentences - jail rates
related to fees and costs - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 7. AMENDATORY 19 O.S. 2021, Section 514.4, as
amended by Section 2, Ch apter 350, O.S.L. 2022 (19 O.S. Supp. 2022,
Section 514.4), is amended to read as follows:
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Section 514.4 A. 1. Effective July November 1, 2023, there is
hereby established a court cost compliance program. The purpose of
the program shall be to assist county sheriffs and the courts of
this state with the collection of fines, costs, fees, and
assessments associated with cases in which a warrant has been issued
and the case has been referred to the court cost compliance program
pursuant to Section 983 of Title 22 of the Oklahoma Statutes .
2. County sheriffs of any Oklahoma county may contract with a
statewide association of county sheriffs to administer contract s
with third parties who shall be known as court cost compliance
liaisons. The court cost compliance liaison may assist with
attempting to locate and notify persons of their o utstanding
misdemeanor or failure-to-pay cost-related warrants, and recover and
maintain accounts relating to past due fi nes, fees, costs, and
assessments. County sheriffs contracting with a statewide
association of county sheriffs for the administration of third -party
contracts may assign their rights and duties regarding these third-
party contracts to the association.
B. A person may make payment directl y to the court or court
cost compliance liaison as allowed by law, or the court cost
compliance liaison, as allowed, shall be authorized to accept
payment on misdemeanor or failure-to-pay cost-related warrants on
all cases referred, pursuant to Section 983 of Title 22 of the
Oklahoma Statutes, by various means including , but not limited to,
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payment by phone, mail, or Internet, and in any payment form
including, but not limited to, personal, cashier's, traveler's,
certified, or guaranteed bank check, postal or commercial money
order, nationally recognized credit or a debi t card, or other
generally accepted payment form . Any payment collected and received
by the court cost compliance liaison shall be paid to the court
clerk of the court that issued the warran t within fifteen (15) days
after receipt of the payment and proof of funds. Any payment
collected and received by the court, where the court has referred
the case to a court co st compliance liaison, shall be reported to
the court cost compliance liaison within four (4) days of receipt of
the payment. Any payment returned due to insufficient funds shall
have all insufficient fund charges incurred added to the out standing
balance of the defendant. If a credit card payment taken b y a court
cost compliance liaison is determined to be a fraudulent use of the
credit card by the payor and the payment is reversed by the credit
card company or payor's bank, the court clerk shall reverse the
transaction upon notification, return the payme nt to the court cost
compliance liaison, and the court cost compliance liaison shall
continue the collection process until paid . The court clerk shall
add any additional fees for the reversal of the t ransaction plus the
administration fees to the outstand ing balance of the defendan t.
Court cost compliance liaisons shall inform individuals of th eir
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right to a cost hearing, as provided in Section 983 of Title 22 o f
the Oklahoma Statutes.
C. As provided for by this section, a person may pay in lieu of
appearance before the court and such payment accepted by the court
shall constitute a finding of guilty guilt as though a plea of nolo
contendere had been entered by the defendant as allowed by la w and
shall function as a written, dated, and signed plea form acceptable
to the court. Such payment shall serve as a written waiver of a
jury trial.
D. The court shall release or recall the outstanding
misdemeanor or failure-to-pay cost-related warrant only upon receipt
of all sums due pursuant to said warrant including the misdemeanor
or failure-to-pay cost-related warrant, scheduled fine or sum due,
all associated fees, costs and statutory penalty assessments, and
the administrative cost pursuant to Section 514.5 of t his title, or
with a down payment of a minimum of One Hundred Dollars ($100.00)
and a mutually agreeable monthly payment plan. A single down
payment shall be sufficient to recall all cost -related warrants
against a defendant pending in a si ngle jurisdiction.
E. The provisions of any contract ente red into by a county
sheriff shall be administered by a statewide association o f county
sheriffs in Oklahoma.
F. The provisions of this section and Section 514.5 of this
title shall be applicable to:
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1. Any misdemeanor or failure-to-pay cost-related warrant
issued pursuant to Section 983 of Title 22 of the Oklahoma Statutes
or relating to any proceed ing pursuant to the State and Municipal
Traffic Bail Bond Procedure Act;
2. Any misdemeanor or failure-to-pay cost-related warrant
issued that allows a defendant to resolve the matter by payment in
lieu of a personal appearance in court ; and
3. Any failure-to-pay cost-related warrant issued in a criminal
case.
SECTION 8. AMENDATORY 19 O.S. 2021, Section 514.5, as
amended by Section 3, Chap ter 350, O.S.L. 2022 (19 O.S. Supp. 2022,
Section 514.5), is amended to read as follows:
Section 514.5 A. Misdemeanor or failure-to-pay cost-related
warrants or cases referred to the court cost compliance liaison
pursuant to Section 514.4 of this tit le shall include the addition
of an administrative cost of thirty percent (30%) of the outstanding
misdemeanor or failure-to-pay cost-related warrant, scheduled fine
or sum due, and all associated fees, costs an d statutory penalty
assessments. This administrative cost shall not be waived or
reduced unless the amount owed is waived or reduced by the court.
B. The administrative c ost reflected in subsection A of this
section shall be distributed to the court cost compliance liaison, a
portion of which may be used to compensate the statewide association
administrating the contract.
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C. The monies collected and disbursed shall be audited at least
once per year by a firm approved by the State Auditor and Inspector .
SECTION 9. AMENDATORY 22 O.S. 2021, Section 209, as
amended by Section 4, Chapter 350, O.S.L. 2022 (22 O.S. Supp. 20 22,
Section 209), is amended to read as follows:
Section 209. A. A law enforcement officer who has arrested a
person on a misdemeanor charge or violation of an ordinance, without
a warrant, or who has found a person to have an outstanding warrant
for failure to appear for a cost hearing as provided in subsection G
of Section 983 of this title, may issue a citation to such person to
appear in court.
B. In issuing a citation hereunder the off icer shall proceed as
follows:
1. The officer shall prepare a written citation to appear in
court, containing the name and address of the cited person and the
offense charged, and stating when the per son shall appear in court.
The time specified in the c itation to appear shall be at least five
(5) days after the issuance of the citation;
2. One copy of the citation to appear shall be delivered to the
person cited, and such person shall sign a duplicate wri tten
citation which shall be retained by the offi cer;
3. The officer shall thereupon release t he cited person from
any custody; and
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4. As soon as practicable, the officer shall file one copy of
the citation with the court specified therein and shall del iver one
copy to the prosecuting attorney.
C. In any case in which the judicial officer finds sufficient
grounds for issuing a warrant, the judicial officer may issue a
summons commanding the defendant to appear in lieu of a warrant.
D. If a person summoned fails to appear in response to the
summons, a warrant for his or her arrest shall issue, and any person
who willfully fails to appear in response to a summons is guilty of
a misdemeanor; provided, however, any charges or warrant for failure
to appear shall be dismissed if the person can show the court that
the person was incarcerated or otherwise detained by law enforcement
at the time of the failure to appear .
SECTION 10. AMENDATORY 22 O.S. 2021, Section 983, as
amended by Section 5, Chapter 350, O.S .L. 2022 (22 O.S. Supp. 202 2,
Section 983), is amended to read as follows:
Section 983. A. 1. Except in cases provided for in Section
983b of this title, when the judgment and sentence of a court,
either in whole or in part, imposes fines, costs, fees, or
assessments court financial obligations upon a defendant, the court
at the time of sentencing shall require the defend ant to complete
under oath a form promulgated by the Court of Crim inal Appeals that
provides current information regarding the financial ability of the
defendant to pay may immediately, or at any point thereaf ter until
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the debt is either paid or waived , determine the ability of a
defendant to pay the court financial obligations . Courts may make
such evaluations and decisions at a cost hearing or upon written
motion or affidavit by the defendant. The ability of a defendant to
pay court financial obligations may not i mpact the sentence imposed .
2. The information to be required on the for m shall include,
but not be limited to, t he When used in this section, unless the
context otherwise requires:
a. "court financial obligations" means all financial
obligations including fines, costs, fees, and
assessments, imposed by the court or required by law
to be paid, excluding restitution or payments to be
made other than to t he court clerk,
b. "cost hearing" means a hearing wherein the court
determines ability of a defendant to pay court
financial obligations. Once a cost hearing date has
been set, all court financial obligations must be
suspended until the cost hearing has b een held,
c. "willfulness hearing" means a hearing wherein the
court determines whether a defendant who has
previously been found to have the ability to pay court
financial obligations has willfully failed to pay the
debt,
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d. "payment-in-full" means a court financial payment term
that requires the defendant to pay the full amount of
court financial obligations owed within ninety (90)
days of a plea or sentence in the district court or
within thirty (30) days of a plea or sentence in the
municipal court,
e. "payment-in-installments" means payment terms for
court financial obligations that require the defendant
to make monthly payments in any amount until the
amount owed is fully paid ,
f. "cost arrest warrant" means a warrant authorizing
arrest that is issued by a court under the following
circumstances:
(1) failure to comply with the terms of a court
financial obligations payment plan,
(2) failure to appear at a co st hearing or
willfulness hearing, or
(3) failure to appear at the office of the court
clerk of the county in which the court financial
obligation is owed within ten (10) days of being
cited by a law enforcement officer to appear,
g. "cost cite and release warrant" means a warrant issued
by a court authorizing citation and release under the
following circumstances:
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(1) failure to comply with terms of a court financial
obligations payment plan , or
(2) failure to appear at a co st hearing or
willfulness hearing.
3. Defendants with court financial obligations who are found by
the court to be unable to pay , in whole or in part, shall be
relieved of the debt by the court through a hardship waiver of the
court financial obligations, either in whole or in part.
4. In determining the ability of a defendant to pay, the court
shall consider the following factors :
a. individual and household income and,
b. household living expenses of the defendant, excluding,
c. number of dependents,
d. assets,
e. child support and obligations,
f. physical or mental hea lth conditions that diminish the
ability to generate income or manage resources,
g. additional case-related expenses to be pai d by the
defendant,
h. any other factors relevant to the ability of the
defendant to pay.
5. In determining the ability of a defendant to pay, the
following shall not be considered as income or assets:
a. child support income,
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b. any monies received from a federal or, state, or
tribal government need-based or disability assistance
program, the number of dependents, a listing of
assets, excluding or
c. assets exempt from bankruptcy, child support
obligations, health, mental or behavioral health
conditions that diminish the ability o f the defendant
to pay restitution, and additional court -related
expenses to be paid by the defendant.
3. For purposes of this section, fines, costs, fees, and
assessments shall include all financial obligations imposed by the
court or required by law to be paid, excluding restitution or
payments to be made other than to the court cle rk, and shall be
referred to as financia l obligations.
6. Defendants in the following circumstances are presumed
unable to pay and eligible for reli ef under paragraph 3 of this
subsection:
a. designated as totally disabled by any federal, state,
or tribal disability services pr ogram including, but
not limited to, military disability, Social Security
Disability income, Supplemental Security income, or
tribal disability benefit s,
b. receives support from the Oklahoma Temporary
Assistance for Needy Families program, Supplemental
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Nutrition Assistance Program, the Women, Infants, and
Children nutrition education and supplemental food
program, or any other federal need-based financial
support,
c. receives subsidized housing support through the
Housing Choice Voucher program, the Department of
Housing and Urban Developm ent, or other state, local ,
or federal government housing subsidy program,
d. has been homeless, as defined in Section 2900.1 of
Title 74 of the Oklahoma Statutes, for at least six
(6) of the previous twelve (12) months, or
e. total income is below one hun dred fifty percent (150%)
of the federal poverty level.
B. 1. The At the time of a plea or sentencing, the court shall
order inform the defendant to appear immediately after sentencing at
the office of the court clerk who shall inform the defendant of the
total amount of all finan cial obligations that have been ordered by
the court. If the defendant states to the court clerk that he or
she is of the total court financial obli gations owed, the
consequences of failing to pay the court financial obligations, and
that the defendant may request a cost hearing if at any time he or
she is unable to pay the court financial obligations immediately,
the court clerk, based on the verified information provided by the
defendant, shall establish, subject to app roval of, at which point
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the court, a monthly installment plan that will cause the financial
obligations to be satisfied within no mo re than seventy-two (72)
months, unless extended by may waive all or part of the debt owed.
If the total court financial obligatio ns owed is not available at
the time of the plea or sentencing, the court shall inform the
defendant that court financial obli gations have been incurred and
the time and location where the defendant may learn of the total
amount owed.
2. The court clerk shall advise the defendant orally and by
delivery of a form promulgated by the Court of Cri minal Appeals,
that:
a. it is the obligation of the defendant to keep order
the defendant to appear immediately after sent encing
at the office of the court clerk informed of the to
provide current contact information of the defendant
until the financial obligations have been paid. Such
information shall in clude the current mailing and
physical addresses of the defendant, telephone or
cellular phone number of the defen dant, and the email
address where the defendant may receive notice from
the court,
b. if the defendant is unable to pay the financial
obligations ordered by the court immediately or in the
installments recommended by the court clerk, the
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defendant may request a cost hearing for the court to
determine the ability of the defendant to pay the
amount due and to request modification of the
installment plan, a reduction in the amount owed, or
waiver of payment of the amount owed , and
c. upon any subsequent change in circumstances affecting
the ability of the defendant to pay, the defendant may
contact the court clerk and request addit ional cost
hearings before the court and to either select payment
terms or request a cost hearing. Failure to
immediately report to the court clerk shall result in
the full amount of court financial obligations to be
due ninety (90) days from the date of the plea or
sentencing in district courts or thirty (30) days from
the date of the plea or sentencing in municipal
courts.
3. An order shall be filed in the case with the approval or
disapproval by the court of the payment plan. If the court does not
approve the payment p lan recommended by the court clerk, the court
shall enter its order esta blishing the payment plan. The Payment of
court financial obligations may be made under the following terms:
a. payment-in-full, or
b. payment-in-installments.
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Upon any change in circ umstances affecting the ability of a
defendant to pay, a defendant shall be notified by certified mail or
personal service of the order entered by the court and shall be
given the opportunity for may request a cost hearing before the
court by contacting the court clerk.
4. The district court for each county and all municipal courts
shall set a regular time and courtr oom for provide a cost hearings
hearing for any defendant who requests one, either by esta blishing a
dedicated docket or on an as-requested basis. Defendants who
request a cost hearing will receive a summons by personal service or
mail to appear in court as required by subsection F of this section.
If a defendant fails to appear for a requested cost hearing, the
court may issue either a cost cite and release warrant or a cost
arrest warrant. No fees shall be assessed or collected from the
defendant as a consequence of either requesting a cost hearing or
the issuing of a cost cite and release warrant.
C. If the defendant requests a cost hearin g, the court clerk
shall set the hearing no later than six ty (60) days after
sentencing. In determining the ability of the defendant to pay
court-related obligations, the court shall may rely on the verified
testimony, relevant document s, and any information submitted by the
defendant on the form provided by the defendant using a cost
hearing affidavit promulgated by the Court of Criminal Ap peals and
any updates to the information. In addition, the court may make
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inquiry of the defendant and consider any other evidence or
testimony concerning the ability of the defendant to pay.
D. 1. If at the initial cost hearing or any subsequent cost
hearing, the court determines that the defendant is unable able to
immediately pay some or all of the court financial obligations or
the required installments, the court may reduce the amount of the
installments, extend the payment plan beyond seventy-two (72)
months, or waive payment of all or part of the amount owed. The,
the court may include a order any of the following conditions for
payment:
a. payment in full,
b. payment in installments,
c. temporary suspension of payment fo r a fixed period of
time,
d. financial incentive for accelerated payment.
Additionally, the court may order under a set of
conditions determined by the court, or
e. community service in lieu of payment . The; provided,
the defendant shall receive credit for no less than
two times the amount of the minimum wage specified
pursuant to state law for each hour of community
service.
2. If at any time due to a change in conditions the Any
defendant is unable to pay the fina ncial obligations ordered by the
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court or any installment, the defendant who fails to comply with the
terms of the payment plan or dered by the court shall be considered
delinquent and the court may request an additional co st hearing
issue either a cost cite and release warrant or a cost arrest
warrant.
E. If the court determines that a waiver of any of the
financial obligations is warranted, the court shall equally apply
the same percentage reduction to a ll fines, costs, fees, and
assessments, excluding restitution.
F. 1. If a A defendant is considered delinquent in the payment
of court financial obligations or an installment by more than sixty
(60) days, the under the following ci rcumstances:
a. when the total amount due has not been paid by the due
date, or
b. when no installment payments ha ve been received in the
most recent ninety (90) day period.
2. The court clerk shall notify the court which shall, within
ten (10) days thereafter, set a cost hearing for periodically review
cases for delinquency at least once every six (6) months and, upon
identifying a delinquent defendant, notify the court which shall,
within ten (10) days th ereafter, set a cost hearing for the court to
determine if the defendant is a ble to pay. The cost hearing shall
be set on a date that will allow the court clerk to issue a within
forty-five (45) days of the issuance of the summons. The hearing
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shall be set on a date that shall allow the court clerk to i ssue a
summons fourteen (14) days prior to the cost hearing. Defendants
shall incur no additional fees associated with the issuance of the
summons.
2. 3. No less than fourteen (14) days prior to the cost
hearing, the court clerk shall issue one summons to the defendant to
be served by United States mail to the mailing ad dress of the
defendant on file in the case, su bstantially as follows:
SUMMONS
You are ORDERED to appear for a cost hearing COST HEARING at a
specified time, place, and date to determine i f you are financially
able but willfully refuse or neglect to pay the fines, co sts, fees,
or assessments or an installment due in Case No.__________.
You must be present at the hearing. YOU MUST BE PRESENT AT THE
HEARING.
At any time before the date of the cost hearing, you may contact the
court clerk and pay the fines, costs, fees, or assessments amount
due or any installment due request in writing or in person prior to
the court date, that the hearing be rescheduled for no later than
thirty (30) days after the scheduled time .
THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for
the cost hearing or to make the payment pay the amount due, the
court will issue a WARRANT for "FAILURE TO APPEAR—COST HEARING" and
may refer the case to a court cost compliance liaison which will
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cause an additional thirty percent (30%) administrative fee to be
added to the amount owed, and may include additional costs imposed
by the court.
3. If the defendant fails to appear at
4. Referrals to the court cost hearing or pay the amount due
the court shall issue a warrant for FAILURE TO APPEAR —COST HEARING
and refer the case to th e court cost compliance program as provided
in subsection K of this section shall be made as follows:
a. courts shall refer a case to the cour t cost compliance
program upon the issuance of a cost arrest warrant,
b. courts may refer a case to the court cost compliance
program upon the issuance of a cost cite and release
warrant, or
c. courts may refer a case to the court cost compliance
program without the issuance of a warrant; provided,
the defendant is delinquent and has had sufficient
notice and opportunity to have a cost hearing.
4. 5. Municipal courts, in lieu of maili ng the summons provided
for in this subsection, may give the defendant personal notice
summons to the defendant in person at the time of sentencing or
subsequent appearance of a specific date, time, and place, not less
than sixty (60) days nor more than one hundred twenty (120) days
from the date of sentencing to appear for a cost hearing if the
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fines, costs, fees, and assessments court financial obligations
remain unpaid.
G. 1. If a defendant is found by a law enforcement officer to
have an outstanding cost cite and release warrant for FAILURE TO
APPEAR—COST HEARING, the law enforcement officer shall release the
defendant and issue a citation to appear pursuant to Section 209 of
this title Warning/Notice ordering the defendant to report within
ten (10) days of release from dete ntion on the warrant to the court
clerk of the court in which the court financial obligations are
owed. The law enforcement officer shall not take the def endant into
custody at this time, a nd no other law enforcement officer who
encounters the defendant d uring this ten-day period may take the
defendant into custody on the warrant. The l aw enforcement officer
shall inform the appropriate department staff member within the
agency of the law enforcement officer of the Warning/Notice within
five (5) days. The department staff member shall then promptly
notify the law enforcement agency in the jurisdiction that issued
the warrant electronically. Th is electronic communication shall be
treated as a duplicate original for all purposes in any subsequent
hearings before the appropriate court.
2. If the defendant fails to appear at the time and place cited
by the law enforcement officer, the court may issue a summons or
warrant as provided in Section 209 of this title. The provisions of
this subsection shall not a pply to a municipal court reports to the
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office of the court clerk within the ten (10) d ays, the court clerk
shall:
a. inform the court of the Warning/Notice to the
defendant and contact,
b. schedule a cost hearing pursuant to applicable local
court rule, and
c. submit the warrant to the court for recall pending the
cost hearing.
3. If the defendant fails to report to the office of the court
clerk within the ten (10) days, the court may issue a cost arrest
warrant for the arrest of the defendant.
4. At the hearing following the arrest for failure to appear,
the court shall conduct a cost hearing o r willfulness hearing, as
the court deems appropriate, within seventy -two (72) hours unless:
a. the defendant pays One Hundred Dollars ($100 .00)
toward the court financial obligation, is released
from custody, and the new cost hearing date is
provided, or
b. the court releases the def endant on the defendant 's
own recognizance and a new cost hearing dat e is
provided.
5. The provisions for issuing a separate summons described in
subsection F of this section shall not apply to a municipal court
not of record if the municipal court has previously provided actual
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personal service notice to the defendant of an opportunity for a
cost hearing. If such notice was given and the defendant fails to
appear, the municipal court not of record may issue either a cost
cite and release warrant or a cost arrest warrant.
6. All warrants for failure to appear at a cost he aring or for
failure to pay court financial obligations which have been issued
prior to the effective date of this act and which remain unserved ,
shall be treated as cost cite and release warrants. All warrant
fees assessed for warrants for failure to appear at a cost hearing
or for failure to pay court financial obligations issued prior to
the effective date of this act shall remain in effect unless waived
by the court.
H. In determining whether th e defendant is able to pay
delinquent Supporting documents in a motion or affidavit for relief
from court financial obligations obligation debt or any installments
due, the court shall consider the criter ia provided in subse ction C
of this section documents taken into evidence during a cost hearing
or willfulness hearing shall not be publicly viewable o n a court-
controlled website.
I. Any 1. After a cost hearing where a defendant has been
found guilty of an offense in any court of this state may be
imprisoned for nonpayment of his or her able to pay a court
financial obligations when the obligation, either in whole or in
part, and then becomes delinquent in that payment, a court finds
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after notice and may conduct a willfulness hearing that the
defendant is financially able but willfully refuses or neglects to
pay at any time beginning immediately after a cost hearing has bee n
held and a decision rendered on the court financial obligations
owed. A sentence to pay a fine, cost, fee, or ass essment may be
converted into a jail sentence only after a hearing and a judicial
determination, memorialized of record, that the defendant is able to
satisfy the fine, cost, fee, or assessment by payment, but refuses
or neglects so to do obligation at issue, and after sufficient
notice to the defendant of the hearing. Findings of a defendant's
prior ability to pay may be considered as evidence of ability to pay
or willfulness at the hearing. This provision shall not be
interpreted to prohibit the ability of the court to hold subsequent
cost hearings on the same court financial obligations.
2. At a willfulness hearing, the court shall evaluate the
following:
a. whether a cost hearing has been held previously where
evidence relating to ability to pay was presented and
the court found the defendant was a ble to pay the
court financial obligations, either in whole or in
part,
b. whether there is any new evidence of ability to pay
not previously considered or a change in circumstances
since the cost hearing,
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c. whether the defendant was afforded sufficient t ime and
opportunity to fulfill the obligation to pay the court
financial obligations,
d. whether the defendant made any efforts to s atisfy the
court financial obligations , and
e. whether there are any other relevant facts or
circumstances.
3. After a finding of willful failure to pay court financial
obligations, the court may impose a jail sentence pursuant to
Section 101 of Title 28 of the Oklahoma Statutes only under the
following circumstances:
a. the hearing is conducted on the record pursuant to the
rules promulgated by the Court of Criminal Appeals,
and
b. the defendant is represented by counsel or expressly
waives his or her right to counsel.
4. If a jail sentence is imposed, the court may grant credit
for any time already served. At any time after incarceration, the
jail sentence may be satisfied upon payment in ful l of the
outstanding balance with credit for any time already served.
J. In addition, the district court or municipal court, within
one hundred twenty (120) days from the date upon which the person
was originally ordered to make payment, and if the court finds and
memorializes into the record that the defendant is financially able
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but willfully refuses to or neglects to pay the fines, costs, fees,
or assessments court financial obligations, or an installment due,
may send notice of nonpayment of any court-ordered fine and cost s
for a moving traffic violation to the Department of Public Safety
Service Oklahoma with a recommendation of suspension of driving
privileges of the defendant until the total amount of any fine and
costs has been paid. Upon receipt of payment of the total amount of
the fine and costs court financial obligations for the moving
traffic violation, the court shall send notice thereof to the
Department Service Oklahoma, if a nonpayment notice was sent as
provided for in this subsection. Notices sent to the Department
Service Oklahoma shall be on forms or by a method approved by the
Department Service Oklahoma.
K. All counties of the state shall fully utilize and
participate in the court cost compliance program. Cases shall be
referred to the court cost compliance program not less than thirty
(30) days nor no more than sixty (60) days after the defendant fails
to appear for a cost hearing court has ordered the referral p ursuant
to paragraph 4 of subsection F of this section, unless the defendant
pays the amount owed on the court financial obligation, or an
installment due. When the court refers the case, the updated
contact information on file shall be forwarded to a court cost
compliance liaison for collection purposes.
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L. The Court of Criminal Appeals shall implement procedures,
forms, and rules consistent with the provisions of this section for
methods of establishing payment p lans of fines, costs, fees, and
assessments by indigents, which. Such procedures, forms, and rules
shall be distributed to all district courts and municipal c ourts,
and any supplemental forms may be made available by the
Administrative Office of the Courts.
SECTION 11. AMENDATORY 28 O.S. 2021, Section 101, is
amended to read as follows:
Section 101. The fees herein provided for the clerk of the
district court and the sheriff, as provided in this act, and all
costs in the prosecution of al l criminal actions shall, in case of
conviction of the defend ant, be adjudged a part of the penalty of
the offense of which t he defendant may be convicted, whether the
punishment for such offense be either imprisonment, or fine, or
both, and fixed either b y the verdict of the jury , or judgment of
the court, trying the case, and if the defendant shall refuse to pay
the fine, fees or costs court financial obligations , the payment of
such fees and costs, in addition to the payment of the fine
assessed, shall be enforced by imprisonment u ntil the same shall be
satisfied at a rate of Twenty-five Dollars ($25.00) up to One
Hundred Dollars ($100.00) per day of such fees and costs, or fine,
or both, or shall be satisfied at a rate of Fifty Dollars ($50.00)
up to Two Hundred Dollars ($200.00) per day of such fees and costs,
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or fine, or both, should the defendant perform useful labor. If t he
defendant is without means to pay the fine, fees or costs, the total
amount owed shall may be entered upon the as a judgment docket and
thereupon the same remedi es shall be available for the enforcement
of said judgment as are available to any other judgment creditor.
The term "all costs in the prosecution of all criminal actions ",
as used in this section, shall include only the following taxable
items:
1. Court clerk's costs and fees authorized by statute;
2. Sheriff's fees;
3. Fees and mileage of witnesses; and
4. Cost deposits in the appellate court, whether on appeal, in
an original proceeding or in any postconviction challenge, if waived
on the basis of a pauper's affidavit all court financial obligations
as defined in Section 983 of Title 22 of the Oklahoma Statutes.
SECTION 12. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 14th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate