Oklahoma 2024 Regular Session

Oklahoma House Bill HB2649 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	30	+	April 11, 2023
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3	34		BILL NO. 2649 By: Steagall of the House
4	35
5	36		and
6	37
7	38		Gollihare of the Senate
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14	43		An Act relating to community sentencing; amending 22
15	44		O.S. 2021, Sections 988.2, as amended by Secti on 1,
16	45		Chapter 55, O.S.L. 2022, 988.3, 988.6, 988. 7 and
17	46		988.18 (22 O.S. Supp. 2022, Section 988.2), which
18	47		relate to the Oklahoma Community Sentencing Act;
19	48		changing scope of certain definition; expanding
20	49		purpose of the Oklahoma Community Sentencing Act;
21	50		clarifying duties of the community sentencing
22	51		planning council; changing type of information to be
23	52		collected in each jurisdiction; expanding pool of
24	53		offenders that may be eligible for community
25	54		punishment; clarifying funding requirement for
26	55		certain disciplinary sanctions; amending 57 O.S.
27	56		2021, Section 38.1, which relates to community
28	57		sentencing; modifying reference to eligible
29	58		offenders; and providing an effective date .
30	59
31	60
32	61
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34		-	SUBJECT: Community sentencing
35		-
36	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
37		-
38	64		SECTION 1. AMENDATORY 22 O.S. 2021, Section 988.2, as
39	65		amended by Section 1, Chapter 55, O.S.L. 2022 (22 O.S. Supp. 2022 ,
40	66		Section 988.2), is amended to read as follows:
41		-
42	67		Section 988.2 A. For purposes of the Oklahoma Community
43	68		Sentencing Act:
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45	96		1. "Local community sentencing system" means the use of public
46		-	and private entities to deliver services to the sentencing court for ~~ENR. H. B. NO. 2649 Page 2~~
	97	+	and private entities to deliver services to the sentencing court for
47	98		punishment of eligible felony offenders under the authority of a
48	99		community sentence;
49		-
50	100		2. "Community sentence" or "community punishment" means a
51	101		punishment imposed by the court as a condition of a deferred or
52	102		suspended sentence for an eligible offender;
53		-
54	103		3. "Continuum of sanctions" means a variety of coercive
55	104		measures ranked by degrees of public safety, punitive effect, and
56	105		cost benefit which are available to the sentencing judge as
57	106		punishment for criminal con duct;
58		-
59	107		4. "Community sentencing system planning c ouncil" or "planning
60	108		council" means a group of citizens and elected officials sp ecified
61	109		by law or appointed by the Chief Judge of the Judicial District
62	110		which plans the local community sentencing system and w ith the
63	111		assistance of the Community Sentencing Di vision of the Department of
64	112		Corrections locates treatment providers and resource s to support the
65	113		local community sentencing sys tem;
66		-
67	114		5. "Incentive" means a court-ordered reduction in the terms or
68	115		conditions of a community sentence which is given for except ional
69	116		performance or progress by t he offender;
70		-
71	117		6. "Disciplinary sanction" means a court-ordered punishment in
72	118		response to a technical or noncompliance violation of a community
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73	146		sentence which increases in in tensity or duration with each
74	147		successive violation;
75		-
76	148		7. "Division" means the Community Sentencing Division within
77	149		the Department of Corrections which is the state administratio n
78	150		agency for the Oklahoma Community Sentencing Act, the statewide
79	151		community sentencing system, and all local community sentencing
80	152		systems;
81		-
82	153		8. "Eligible offender" means an offender who has been convicted
83	154		of or who has entered a plea other than not guilty to a crime and
84	155		who upon completion of a risk and needs assessment has been found to
85	156		be in a range other than the low range and wh o is not otherwise
86	157		prohibited by law, or is a person who has had an assessment
87	158		authorized by Section 3-704 of Title 43A of the Oklahoma Statutes
88	159		and the assessment recommends community sentencing . Provided,
89	160		however, that no person who has been convicted o f or who has entered
90	161		a plea other than not guilty to an offense enumerated in paragraph 2
91		-	of Section 571 of Title 57 of the Oklahoma Statutes, as an ~~exception ENR. H. B. NO. 2649 Page 3~~
	162	+	of Section 571 of Title 57 of the Oklahoma Statutes, as an e xception
92	163		to the definition of "nonviolent offense", shall be eligible for a
93	164		community sentence or communit y punishment unless the district
94	165		attorney or an assistant district attorney for the district in which
95	166		the offender's conviction was obtained consents thereto. The
96	167		district attorney may consent to eligibility for an offender who has
97	168		a mental illness or a d evelopmental disability or a co-occurring
98	169		mental illness and substance abuse disorder and who scores in the
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99	197		low range on the risk and needs assessment authorized by Section 3-
100	198		704 of Title 43A of the Oklahoma Statutes or another assessment
101	199		instrument if the offender is not otherwise prohibited by law. Any
102	200		consent by a district attorney shall be made a part of the record of
103	201		the case; and
104		-
105	202		9. "Statewide community sentencing system" means a network of
106	203		all counties through their respective local community sente ncing
107	204		systems serving the state judicial system and offering support
108	205		services to each other through reciprocal and interlocal agreements
109	206		and interagency cooperation.
110		-
111	207		B. For the purposes of the Oklahoma Commu nity Sentencing Act,
112	208		if a judicial district does not have a Chief Judge or if a judicial
113	209		district has more than one Chief Judge, the duties of the Chief
114	210		Judge provided for in the Oklahoma Community Sentencing Act shall be
115	211		performed by the Presiding Judge o f the Judicial Administrative
116	212		District.
117		-
118	213		SECTION 2. AMENDATORY 22 O.S. 2021, Section 988.3, is
119	214		amended to read as follows:
120		-
121	215		Section 988.3 The purposes of the Oklahoma Commun ity Sentencing
122	216		Act are to:
123		-
124	217		1. Protect the public;
125		-
126	218		2. Establish a statewide community sentencing system;
127		-
128	219		3. Adequately supervise felony offenders punished un der a
129	220		court-ordered community sentence;
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131	248		4. Provide a series of sanctions to the court for eligib le
132	249		felony offenders sentenced to a community sentence with in the
133	250		community sentencing system;
134		-
135	251		5. Increase the availability of punishment and treatment
136		-	programs to eligible felony offenders; ENR. H. B. NO. 2649 Page 4
137		-
	252	+	programs to eligible felony offenders;
138	253		6. Improve the criminal justice system within this state
139	254		through public/private partnerships, reciprocal and interlocal
140	255		governmental agreements, and interagency cooperatio n and
141	256		collaboration; and
142		-
143	257		7. Operate effectively wit hin the allocation of state and local
144	258		resources for the criminal justice system.
145		-
146	259		SECTION 3. AMENDATORY 22 O.S. 2021, Section 98 8.6, is
147	260		amended to read as follows:
148		-
149	261		Section 988.6 A. Each community sentencing planning council
150	262		shall:
151		-
152	263		1. Plan the local community s entencing system within allocated
153	264		funds and other available resou rces according to the provisions of
154	265		the law and with the assistance of the Community Sentencing Division
155	266		of the Department of Corrections;
156		-
157	267		2. Promulgate rules for functioning of the planning council
158	268		which are consistent with the provisions of this act;
159		-
160	269		3. Prepare a detailed plan within the provisions of law and
161	270		rule each fiscal year with an accompanying budge t for the local
162	271		community sentencing system;
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164	299		4. Identify local resources by type, c ost and location which
165	300		are available to serve the court for eligi ble felony offenders
166	301		sentenced to the community;
167		-
168	302		5. Identify qualified service providers to deliver servic es to
169	303		the court for eligible felony offenders sentenced to the community;
170		-
171	304		6. Assist in monitoring the sentencing practices of the court
172	305		to ensure the local community sentencing system functions within th e
173	306		allocation of resources and according to the provi sions of this act;
174		-
175	307		7. Assist in preparing informati on necessary for qualified
176	308		services to support the local community sentencing system plan as
177	309		provided in Section 988.7 of this title;
178		-
179	310		8. Identify and advocate the use of interlocal governmental
180		-	agreements for qualified services where services are not avai lable ~~ENR. H. B. NO. 2649 Page 5~~
	311	+	agreements for qualified services where services are not avai lable
181	312		within the jurisdiction or where services may be delivered in a more
182	313		cost-effective manner by another jurisdiction;
183		-
184	314		9. Form multicounty systems a s may be necessary to conserve
185	315		state or local resour ces or to implement an appropriate range of
186	316		services to the court;
187		-
188	317		10. Review and recommend services for cost -effectiveness and
189	318		performance-based evaluation;
190		-
191	319		11. Identify various sources of funding and resources for the
192	320		local community sentencing system including a variety of free
193	321		services available to th e court;
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195	349		12. Assist in developi ng public/private partnerships in the
196	350		local jurisdiction, recipro cal agreements, and interagency
197	351		cooperation and collabo ration to provide appropriate services and
198	352		support to the system; and
199		-
200	353		13. Assist in promoting local inv olvement and support for the
201	354		provisions of the Oklahoma Community Sentencing Act.
202		-
203	355		B. Each community sentencing planning council may employ a
204	356		local director and other personnel to perform the duties of th e
205	357		local community sentencing system, subject to the availability of
206	358		funds. Such council may contract with a county to provide benefits
207	359		and payroll services to such personnel.
208		-
209	360		SECTION 4. AMENDATORY 22 O.S. 2021, Section 988.7, is
210	361		amended to read as follows:
211		-
212	362		Section 988.7 A. A detailed plan for each local co mmunity
213	363		sentencing system seeking state funds shall be submitted each fiscal
214	364		year to the Community Sentencing Division within t he Department of
215	365		Corrections pursuant to the rule s promulgated for such purpose. The
216	366		designated judge of the planning council sh all review the range of
217	367		services proposed in the plan and declare in writing whether the
218	368		proposed services meet the needs of th e court for purposes of
219	369		sentencing pursuant to th e authority of the Oklahoma Community
220	370		Sentencing Act. The judge shall forward t he plan to the Division
221	371		for state review and appropriate funding. A plan that conforms with
222	372		the purposes and goals of the Oklahoma Community Sentencing Act
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223	400		shall not be modified or disapproved except when the plan requires
224		-	more funding than is available t o the local system. Each local ~~ENR. H. B. NO. 2649 Page 6~~
	401	+	more funding than is available t o the local system. Each local
225	402		community sentencing system plan shal l include, but not be limited
226	403		to, the following goals:
227		-
228	404		1. Identification of existing resources, including cash,
229	405		professional services, in -kind resources, prop erty, or other sources
230	406		of resources;
231		-
232	407		2. Identification of additional resources needed, identifie d by
233	408		type and amount;
234		-
235	409		3. Projected number of offenders to be served by each provider
236	410		and the projected tot al number of offenders to be served by the
237	411		local system;
238		-
239	412		4. Types and priority groups of offenders to be served for
240	413		purposes of budgeting and target ing specific use of selected service
241	414		providers;
242		-
243	415		5. Identification of sentencing practices used for discipl inary
244	416		sanctions for noncriminal conduct against part icipating offenders
245	417		and applicable costs;
246		-
247	418		6. Identification of local policy statements;
248		-
249	419		7. Methods for allocating resources to support the services
250	420		included in the plan;
251		-
252	421		8. Identification and evaluatio n of local record keeping and
253	422		needs for audits or re views;
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255	450		9. Identification of any special administrative structure of
256	451		the local system and list of specific service providers
257	452		participating in the system, i ncluding detailed qualifications of
258	453		staff and program administrators; and
259		-
260	454		10. Description and evalua tion of the extent of commun ity
261	455		participation and support for the local system.
262		-
263	456		B. A community sentencing system shall be operational when the
264	457		plan is accepted by the Community Sentencing Division or is
265	458		receiving funding. The Division, upon receipt of a proposed local
266	459		system plan for conformance with the purpose and goals of the
267	460		Oklahoma Community S entencing Act, shall have not more than forty -
268	461		five (45) days to evaluate the plan and to notify the plannin g
269		-	council of any recommended modification. The Division shall notify ~~ENR. H. B. NO. 2649 Page 7~~
	462	+	council of any recommended modification. The Division shall notify
270	463		the chair of each local community sentencing system of its allocated
271	464		budget by June 15. Based on the funding allocation, the local
272	465		community sentencing system shall submit its budget to the Division
273	466		prior to finalizing provider service a greements for the fiscal yea r.
274	467		The Division shall not restrict by rule or practice the plan of a ny
275	468		local system or determine what constitutes treatment or necessary
276	469		services if the treatment or services comply with the purposes and
277	470		goals of the Oklahoma C ommunity Sentencing Act, unl ess there is a
278	471		demonstrated deficiency or poor program evaluation.
279		-
280	472		C. A local administrator as provided in Section 988.13 of this
281	473		title shall assist the local planning council in gathering and
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282	501		keeping accurate information about the jurisdiction to support the
283	502		planning process. For the previous two (2) years, the informati on
284	503		pertaining to the jurisdiction may include, but not be limited to:
285		-
286	504		1. The number and rate of arrests, n umber of felony
287	505		convictions, admissions to probation , number of offenders senten ced
288	506		to post-imprisonment supervision, number of offenders sentenced t o
289	507		county jail, average length of sentence served in county jail,
290	508		number of offenders sentenced to the custo dy of the Department of
291	509		Corrections, and average len gth of sentence served in th e custody of
292	510		the Department of Corrections;
293		-
294	511		2. Current jail capacity , and jail population data by offender-
295	512		type including, but not limited to, misdemeanor, felony, trusty,
296	513		post-trial detainee, pretrial detainee, disciplinary sa nction or
297	514		juvenile;
298		-
299	515		3. A listing of services and programs available in the
300	516		community, including costs, space availability, the number of
301	517		offenders participating, the average length of participation and
302	518		performance-based data;
303		-
304	519		4. Range of community punish ments previously used by the courts
305	520		for offenders within the jurisdiction, including methods and use of
306	521		disciplinary sanctions for noncriminal behavior of offenders
307	522		sentenced to community punishment and u se of incentives;
308		-
309	523		5. A listing of educational, voca tional-technical, health,
310	524		mental health, substance abuse treatment, medical, and social
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311	552		services available to offenders or to be made available within a
312	553		twelve-month period;
313		-	ENR. H. B. NO. 2649 Page 8
314	554		6. Restrictive residential fa cilities or other restrictive
315	555		housing options availa ble or to be made available within a twelve-
316	556		month period; and
317		-
318	557		7. Approved local system plans and budgets.
319		-
320	558		SECTION 5. AMENDATORY 22 O.S. 2021, Section 988.18, is
321	559		amended to read as follows:
322		-
323	560		Section 988.18 A. On and after March 1 , 2000, for each felony
324	561		offender considered for any community punishment pursuant to the
325	562		Oklahoma Community Sentencing Act, the judge shall, prior to
326	563		sentencing, order an assessment and evaluation of the defendant as
327	564		required by law. The judge may determi ne that no additional
328	565		assessment is required if one was completed within the last six (6)
329	566		months.
330		-
331	567		B. The risk and needs assessment and evaluation instrume nt
332	568		designed to predict risk to recidivate approve d by the Department of
333	569		Corrections, shall be require d to determine eligibility for a ny
334	570		offender sentenced pursuant to the Oklahoma Community Sentenci ng
335	571		Act. The completed assessment accompanied by a written supervision
336	572		plan shall be presented to and revie wed by the court prior to
337	573		determining any punishment for the offense. The purpose o f the
338	574		assessment shall be to identify the extent of the deficienc ies and
339	575		pro-social needs of the defendant, the potential r isk to commit
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340	603		additional offenses that threaten p ublic safety, and the
341	604		appropriateness of various com munity punishments.
342		-
343	605		C. Upon order of the court, the defendant shall be required to
344	606		submit to the risk and needs assessment which shall be administered
345	607		and scored by an appropriately trained person pursua nt to a service
346	608		agreement with the local community s entencing system. Any defendant
347	609		lacking sufficient skills to comprehend or otherwise participate in
348	610		the assessment and evaluation shall have appropriate a ssistance. If
349	611		it is determined that the offender cannot be adequately evaluated
350	612		using the risk and n eeds assessment, the offender sh all be deemed
351	613		ineligible for any community services pursuant to t he Oklahoma
352	614		Community Sentencing Act, and shall be sentenc ed as prescribed by
353	615		law for the offense.
354		-
355	616		D. The willful failure or refusal of the defendant to be
356	617		assessed and evaluated by using th e risk and needs assessment shall
357	618		preclude the defendant from eli gibility for any community
358		-	punishment. ENR. H. B. NO. 2649 Page 9
359		-
	619	+	punishment.
360	620		E. The completed risk and needs assessment, shall include a
361	621		written supervision plan and identify an appropriate commun ity
362	622		punishment, if any, when the offender is considered eligible for
363	623		community punishments based upon the completed risk/need score from
364	624		the risk and needs assessment of the offender. Unless otherwise
365	625		prohibited by law, only eligible offenders, as defined in Section
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366	653		988.2 of this title, shall be eligible for any state -funded
367	654		community punishments.
368		-
369	655		F. The court is not required to sentence any offender to a
370	656		community punishment regardless of an eligible sc ore on the risk and
371	657		needs assessment. Any felony offender scoring in the low risk/n eed
372	658		levels on the risk and needs assessment may be sentenced to a
373	659		suspended sentence with minimal, if any, conditions of th e sentence
374	660		to be paid by the offender. If the ri sk and needs assessment has
375	661		been conducted, the eval uation report shall accompany th e judgment
376	662		and sentence, provided the risk and needs assessment i ndicates the
377	663		offender is in need of this level of supervis ion and treatment.
378		-
379	664		SECTION 6. AMENDATORY 57 O.S. 2021, Section 38.1, is
380	665		amended to read as follows:
381		-
382	666		Section 38.1 In jurisdictions wher e the local community
383	667		sentencing system is receiving state funds, the state shall provide
384	668		funding for county jail incarceration for disciplinary sanctions for
385	669		eligible felony offenders pursuant to the provisions of the Oklahoma
386	670		Community Sentencing Act at a rate of Twenty-four Dollars ($24.00 )
387	671		per day per person imprisoned for a maximum term as prov ided by law.
388		-
389	672		SECTION 7. This act shall become effective November 1, 2023.
390		-
391		-
392		-	ENR. H. B. NO. 2649 Page 10
393		-	Passed the House of Representatives the 8th day of March, 2023.
394		-
395		-
396		-
397		-
398		-	Presiding Officer of the House
399		-	of Representatives
400		-
401		-
402		-	Passed the Senate the 19th day of April, 2023.
403		-
404		-
405		-
406		-
407		-	Presiding Officer of the Senate
408		-
409		-
410		-
411		-	OFFICE OF THE GOVERNOR
412		-	Received by the Office of the Governor this ____________________
413		-	day of ___________________, 20_______, at _______ o'clock _______ M.
414		-	By: _________________________________
415		-	Approved by the Governor of the State of Oklahoma this _____ ____
416		-	day of ___________________, 20_______, at _______ o'clock _______ M.
417		-
418		-
419		-	___________________________ ______
420		-	Governor of the State of Oklahoma
421		-
422		-	OFFICE OF THE SECRETARY OF STATE
423		-	Received by the Office of the Secretary of State this __________
424		-	day of ___________________, 20_______, at _______ o'clock _______ M.
425		-	By: _________________________________
	673	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	674	+	April 11, 2023 - DO PASS