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ENGROSSED HOUSE
BILL NO. 3497 By: West (Tammy) of the House
and
Gollihare of the Senate
[ criminal procedure - sentencing powers of the court
- district attorney's supervision fee - deferred
sentences - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2 021, Section 991a, as
amended by Section 4, Chapter 310, O .S.L. 2023 (22 O.S. Supp. 2023,
Section 991a), is amended to read as follows:
Section 991a. A. Except as otherwise provided in the Elderly
and Incapacitated Victim's Protection Program, when a def endant is
convicted of a crime and no death sentence is im posed, the court
shall either:
1. Suspend the execution of sentence in whole or in pa rt, with
or without probation. The court, in addition , may order the
convicted defendant at the time of sentenc ing or at any time during
the suspended sentence to do one or more of the following:
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a. to provide restitution to the victim as provided by
Section 991f et seq. of this title or according to a
schedule of payments established by the sentencing
court, together with interest upon any pecuniary sum
at the rate of twelve percent (12%) per annum, if the
defendant agrees to pay such restitution or, in t he
opinion of the court, if the defendant is able to pay
such restitution without imposing manifest hardship on
the defendant or the immediate family and if the
extent of the damage to the victim is determinable
with reasonable certainty,
b. to reimburse any state agency for amounts paid by the
state agency for hospital and medical expenses
incurred by the victim or victims, as a result of the
criminal act for which such p erson was convicted,
which reimbursement shall be made directly to the
state agency, with interest accruing thereon at the
rate of twelve percent (12%) per annum,
c. to engage in a term of community service without
compensation, according to a schedule con sistent with
the employment and family responsibilities of the
person convicted,
d. to pay a reasonable s um into any trust fund
established pursuant to the provisions of Sections 176
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through 180.4 of Title 60 of the Oklahoma Statutes and
which provides restitution payments by convicted
defendants to victims of crimes committed within this
state wherein such victim has incurred a financial
loss,
e. to confinement in the county jail for a period not to
exceed six (6) months,
f. to confinement as provided by l aw together with a term
of post-imprisonment community supervision for not
less than three (3) years of t he total term allowed by
law for imprisonment, wit h or without restitution;
provided, however, the authority of this provision is
limited to Section 84 3.5 of Title 21 of the Oklahoma
Statutes when the offense involved sexual abuse or
sexual exploitation; Sections 681, 741 and 843.1 of
Title 21 of the Okla homa Statutes when the offense
involved sexual abuse or sexual exploitation; and
Sections 865 et seq. , 885, 886, 888, 891, 1021,
1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and
1123 of Title 21 of th e Oklahoma Statutes,
g. to repay the reward or par t of the reward paid by a
local certified crime stoppers program and the
Oklahoma Reward System. In determining whether the
defendant shall repay the reward or part of the
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reward, the court shall consider the ability of the
defendant to make the payment, the financial hardship
on the defendant to make the required payment and the
importance of the inform ation to the prosecution of
the defendant as provided by the arresting officer or
the district attorney w ith due regard for the
confidentiality of the reco rds of the local certified
crime stoppers program and the Oklahoma Reward System.
The court shall assess this repayment against the
defendant as a cost of prosecution. The term
"certified" means crime stoppers organizations that
annually meet the certifi cation standards for crime
stoppers programs established by the Oklahoma Crime
Stoppers Association t o the extent those standards do
not conflict with state statutes. The term "court"
refers to all municip al and district courts withi n
this state. The "Oklahoma Reward System " means the
reward program established by Section 150.18 of Title
74 of the Oklahoma Statutes,
h. to reimburse the Oklahoma State Bureau of
Investigation for costs inc urred by that agency during
its investigation of the crime for which the defendant
pleaded guilty, nolo contende re or was convicted
including compensation for laboratory, technical or
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investigation services performed by the Bureau if, in
the opinion of the court, the defenda nt is able to pay
without imposing manifest hardsh ip on the defendant,
and if the costs incur red by the Bureau during the
investigation of the defendan t's case may be
determined with reasonable certainty,
i. to reimburse the Oklahoma Sta te Bureau of
Investigation and any authorized law enforcement
agency for all costs incurred by that agency for
cleaning up an illegal drug laboratory site for which
the defendant pleaded guilty, nolo contendere or was
convicted. The court clerk shall collect the amount
and may retain five percent (5 %) of such monies to be
deposited in the Court Clerk 's Revolving Fund to cover
administrative costs and shall remit the remai nder to
the Oklahoma State Bureau of Investigation to be
deposited in the OSBI Revolvi ng Fund established by
Section 150.19a of Tit le 74 of the Oklahoma St atutes
or to the general fund wherein the o ther law
enforcement agency is located,
j. to pay a reasonable sum to the Crime Victims
Compensation Board, created by Section 142.2 et seq.
of Title 21 of the Okl ahoma Statutes, for the b enefit
of crime victims,
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k. to reimburse the court fund for amounts paid to court-
appointed attorneys for representing the def endant in
the case in which the person is being sentenced,
l. to participate in an ass essment and evaluation by an
assessment agency or assessment personne l certified by
the Department of Mental Hea lth and Substance Abuse
Services pursuant to Section 3 -460 of Title 43A of the
Oklahoma Statutes and, as determined by the
assessment, participate in an alcohol an d drug
substance abuse course or treatment program or both,
pursuant to Sections 3 -452 and 3-453 of Title 43A of
the Oklahoma Statutes, or as ordered b y the court,
m. to be placed in a victims impact panel program, as
defined in subsection H of this section, or
victim/offender reconciliation program and p ayment of
a fee to the program of Seventy -five Dollars ($75.00)
as set by the governing authority of the program to
offset the cost of participation by the defendant .
Provided, each victim/offender reconci liation program
shall be required to obtain a writ ten consent form
voluntarily signed by the victim and defendant that
specifies the methods to be used to resolve the
issues, the obligations and rights of each perso n and
the confidentiality of the proceedings. Volunteer
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mediators and employees of a victi m/offender
reconciliation program shall be immune from liability
and have rights of confidentiality a s provided in
Section 1805 of Title 12 of the Oklahoma Statutes,
n. to install, at the expense of the def endant, an
ignition interlock device approved by t he Board of
Tests for Alcohol and Drug Infl uence. The device
shall be installed upon every motor veh icle operated
by the defendant, and the court shall require tha t a
notation of this restriction be affixed to the
defendant's driver license. The restrict ion shall
remain on the driver license not exceeding two (2)
years to be determined by the court. Th e restriction
may be modified or removed only by order of the c ourt
and notice of any modification order shall be given to
Service Oklahoma. Upon the expi ration of the period
for the restriction, S ervice Oklahoma shall remove the
restriction without furth er court order. Failure to
comply with the order to install an ignition interlock
device or operating any vehicle without a device
during the period of re striction shall be a violation
of the sentence and may be punished as deemed proper
by the sentencing court. As used in this paragraph,
"ignition interlock device " means a device that,
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without tampering or intervention by another person,
would prevent the defendant from operating a motor
vehicle if the defendant has a blood or breath alcohol
concentration of two-hundredths (0.02) or greater,
o. to be confined by el ectronic monitoring admi nistered
and supervised by the Department of Corrections or a
community sentence provider, and payment of a
monitoring fee to the supervising authority, not to
exceed Three Hundred Dollars ($300.00) per month. Any
fees collected pursuant to this subparagraph shall be
deposited with the appropriate supervising authority.
Any willful violation of an order of the cou rt for the
payment of the monitoring fee shall be a violat ion of
the sentence and may be punished as deemed proper by
the sentencing court. As used in this paragraph,
"electronic monitoring " means confinement of the
defendant within a specified location o r locations
with supervision by means of an electronic dev ice
approved by the Department of Corrections which is
designed to detect if the defendant is in the cour t-
ordered location at the required times and which
records violations for investigation by a qualified
supervisory agency or person,
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p. to perform one or more courses of treatment, education
or rehabilitation for any conditions, behavior s,
deficiencies or disorders which may contribute to
criminal conduct including but not limited to alcohol
and substance abuse, mental health, emotional health,
physical health, propensity for violence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, education or any other
identifiable deficiency which may be treated
appropriately in the community a nd for which a
certified provider or a program recognized by the
court as having significant p ositive impact exists in
the community. Any treatment, education or
rehabilitation provider required to be certified
pursuant to law or rule shall be certified b y the
appropriate state agency or a national organization,
q. to submit to periodic testing fo r alcohol,
intoxicating substance or contro lled dangerous
substances by a qualified laboratory,
r. to pay a fee or costs for treatment, education,
supervision, participation in a program or any
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combination thereof as determined by the court, based
upon the defendant's ability to pay the fees or cos ts,
s. to be supervised by a Department of Corrections
employee, a private supervision provider or other
person designated by the court,
t. to obtain positive beha vior modeling by a trained
mentor,
u. to serve a term of confinement in a restrictive
housing facility available in the community,
v. to serve a term of confinement in the county jail at
night or during weekends pursuant to Section 991a -2 of
this title or for work release,
w. to obtain employment or parti cipate in employment -
related activities,
x. to participate in mandatory day reporting to
facilities or persons for services, payments, duties
or person-to-person contacts as specified by the
court,
y. to pay day fines not to exceed fifty percent (50%) of
the net wages earned. For purposes of this paragraph,
"day fine" means the offender is ordered to pay an
amount calculated as a percentage of net daily wages
earned. The day fine shall b e paid to the local
community sentencing system as reparation to the
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community. Day fines shall be used to supp ort the
local system,
z. to submit to blood or saliva test ing as required by
subsection I of this section,
aa. to repair or restore property damaged by the
defendant's conduct, if the court determines the
defendant possesses sufficient skill to repair or
restore the property and the victim consents to the
repairing or restoring of the property,
bb. to restore damaged property in kind or payment of out-
of-pocket expenses to the victim, if the court is able
to determine the actual out-of-pocket expenses
suffered by the victim,
cc. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offender is
deemed appropriate for participat ion,
dd. in the case of a person convicted of pros titution
pursuant to Section 1029 of Title 21 of the Oklahoma
Statutes, require such person to receiv e counseling
for the behavior which may have caused such person to
engage in prostitution activities. Such person may be
required to receive counseling in areas including but
not limited to alcohol and substance abuse, sexual
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behavior problems or domestic abuse or child abuse
problems,
ee. in the case of a sex offender sentenced after November
1, 1989, and required by law to register pursuant to
the Sex Offender Registration Act, the court shall
require the person to comply with sex offender
specific rules and conditions of supervision
established by the Department of Corrections and
require the person to participate in a treatment
program designed for the t reatment of sex offenders
during the period of time while the offender is
subject to supervision by t he Department of
Corrections. The treatment program shall include
polygraph examinations specifically de signed for use
with sex offenders for purposes of supervision and
treatment compliance, and s hall be administered not
less than each six (6) months dur ing the period of
supervision. The examination shall be administered by
a certified licensed polygraph examiner. The
treatment program must be approved b y the Department
of Corrections or the Depa rtment of Mental Health and
Substance Abuse Services. Suc h treatment shall be at
the expense of the defendant based on the defendant 's
ability to pay,
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ff. in addition to other sentencing powers of the court,
the court in the case of a defendant being sent enced
for a felony conviction for a violation of Section 2 -
402 of Title 63 of the Oklahoma Statutes which
involves marijuana may require the per son to
participate in a drug court program, if available. If
a drug court program is not available, the defenda nt
may be required to participate in a community
sanctions program, if available,
gg. in the case of a person convicted of any false or
bogus check violation, as d efined in Section 1541.4 of
Title 21 of the Oklaho ma Statutes, impose a fee of
Twenty-five Dollars ($25.00) to the victim for each
check, and impose a bogus check fee to be paid to the
district attorney. The bogus check fee paid to the
district attorney shall be equal to the amount
assessed as court cost s plus Twenty-five Dollars
($25.00) for each check upon filing of the case in
district court. This m oney shall be deposited in the
Bogus Check Restitution Program Fund as established in
subsection B of Section 114 of this title.
Additionally, the court m ay require the offender to
pay restitution and bogus check fees on any other
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bogus check or checks th at have been submitted to the
Bogus Check Restitution Program, and
hh. any other provision specifically ordered by the court.
However, any such order for r estitution, community service,
payment to a local certified crime stoppers program, payment to the
Oklahoma Reward System or confinement in the county jail, or a
combination thereof, shall be made in conjun ction with probation and
shall be made a condition of the suspended sentence .
However, unless under the supervision of the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the first two (2) years of
probation to compensate the distri ct attorney for the costs in curred
during the prosecution of the offender and for the additional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requi rement in the best interests of justice. The
court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that
a reduction in the fine, costs and costs of prosecution is
warranted, the court shall equally apply the same percentage
reduction to the fine, costs and costs of prosecution owed by the
offender;
2. Impose a fine prescribed by law for the offense, with or
without probation or commitme nt and with or without restitution or
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service as provided for in this section , Section 991a-4.1 of this
title or Section 227 of Title 57 of the Oklahom a Statutes;
3. Commit such person for confinement provided for by law with
or without restitution as provided for in this section;
4. Order the defendant to reimburse the Oklahom a State Bureau
of Investigation for costs incurred by that agency during its
investigation of the crime for which the defendant pleaded guilty,
nolo contendere or was convicted incl uding compensation for
laboratory, technical or in vestigation services perf ormed by the
Bureau if, in the opinion of the court, the defendant is able t o pay
without imposing manifest hardship on the defendant, and if the
costs incurred by the Bureau during the investigation of the
defendant's case may be determined with reasonabl e certainty;
5. Order the defendant to reimburse the Oklahoma State Bureau
of Investigation for all costs incurred by that agency for cleaning
up an illegal drug laboratory site fo r which the defendant pleaded
guilty, nolo contend ere or was convicted. T he court clerk shall
collect the amount and may retain five percent (5%) of s uch monies
to be deposited in the Court Clerk 's Revolving Fund to cover
administrative costs and shall remit the remainder to the Oklahoma
State Bureau of Investigation to be depo sited in the OSBI Revolving
Fund established by Section 150.19a of Title 74 o f the Oklahoma
Statutes;
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6. In the case of nonviolent felony offenses, sentence such
person to the Community Service Sentencing Program;
7. In addition to the other sentencing powers of the court, in
the case of a person convicted of operating or being i n control of a
motor vehicle while the person was under the influence of alcohol,
other intoxicating substance or a combination of alcohol or another
intoxicating substance, or convicted of operating a motor vehicle
while the ability of the person to opera te such vehicle was impaired
due to the consumption of alcohol, require such person:
a. to participate in an alcohol and drug assessment and
evaluation by an assessment agency or assessment
personnel certified by the Department of Mental Health
and Substance Abuse Services pursuant to Section 3 -460
of Title 43A of the Oklahoma Statutes and, as
determined by the assessment, participate in an
alcohol and drug substance abuse cours e or treatment
program or both, pursuant to Sections 3 -452 and 3-453
of Title 43A of the Oklahoma Statutes,
b. to attend a victims impact panel program, as defined
in subsection H of th is section, and to pay a fee of
Seventy-five Dollars ($75.00) as set b y the governing
authority of the program and approved by the court, to
the program to offset the cost of participation by the
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defendant, if in the opinion of the court the
defendant has the ability to pay such fee,
c. to both participate in the alcohol and drug substance
abuse course or treatment program, pursuant to
subparagraph a of this paragraph and attend a victims
impact panel program, pursuant to subparagraph b of
this paragraph,
d. to install, at the expense of the person, an ign ition
interlock device approved by the Board of Tests for
Alcohol and Drug Influence, upon every moto r vehicle
operated by such person and to require that a notation
of this restriction b e affixed to the person's driver
license at the time of reinstatement of the license.
The restriction shal l remain on the driver license for
such period as the court sha ll determine. The
restriction may be modified or removed by order of the
court and notice of the order s hall be given to
Service Oklahoma. Upon the expir ation of the period
for the restriction, Service Oklahoma shall remove the
restriction without furthe r court order. Failure to
comply with the order to install an ignition interlock
device or operating any vehicle without such device
during the period of restriction shall be a violation
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of the sentence and may be punished as deemed proper
by the sentencing court, or
e. beginning January 1, 1993, to submit to electronically
monitored home detention administe red and supervised
by the Department of Correction s, and to pay to the
Department a monitoring fee, not to exceed Seventy -
five Dollars ($75.00) a month , to the Department of
Corrections, if in the opinion of the court the
defendant has the ability to pay such fee. Any fees
collected pursuant to this subp aragraph shall be
deposited in the Dep artment of Corrections Revolving
Fund. Any order by the court for the payment of the
monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of court;
8. In addition to the other sentencing po wers of the court, in
the case of a person convicted of prostitution pursuant to Section
1029 of Title 21 of the Oklahoma Statutes, require such person to
receive counseling for the behav ior which may have caused such
person to engage in prostitution activ ities. Such person may be
required to receive counseling in areas including but not limited to
alcohol and substance abuse, sexual behavior problems or domestic
abuse or child abuse problems;
9. In addition to the other sentencing powers of the court, in
the case of a person convicted of any crime related to domestic
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abuse, as defined in Section 60.1 of this title, the court may
require the defendant to undergo the treatment or participa te in the
counseling services necessary to bring about the cessation of
domestic abuse against the victim. The defendant may be required to
pay all or part of the cost o f the treatment or counseling services;
10. In addition to the other sentencing powers of the court,
the court, in the case of a sex offender sentenced af ter November 1,
1989, and required by law to register pursuant to the Sex Offenders
Registration Act, shall require the defendant to participate in a
treatment program designed specifical ly for the treatment of sex
offenders, if available. The treatment p rogram will include
polygraph examinations specifically designed for use with sex
offenders for the purpose of supervision and treatment compliance,
provided the examination is administered by a c ertified licensed
polygraph examiner. The treatment program must be approved by the
Department of Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at the expense of
the defendant based on the a bility of the defendant to pay;
11. In addition to the other sentenc ing powers of the court,
the court, in the case of a person convicted of abuse or neglect of
a child, as defined in Section 1 -1-105 of Title 10A of the Oklahoma
Statutes, may require the person t o undergo treatment or to
participate in counseling services. The defendant may be required
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to pay all or part of the cost of the treatment or counseling
services;
12. In addition to the other sentencing powers of the court,
the court, in the cas e of a person convicted of cruelty to animals
pursuant to Section 168 5 of Title 21 of the Oklahoma Statutes , may
require the person to pay restitution to animal facilitie s for
medical care and any boarding costs of victimized animals;
13. In addition to the oth er sentencing powers of the court, a
sex offender who is habitu al or aggravated as defined by Section 584
of Title 57 of the Oklahoma Statutes and who is required t o register
as a sex offender pursuant to the Sex Offenders Registration Act
shall be supervised by the Department of Corrections for the
duration of the registration period and shall be assigne d to a
global position monitoring device by the Department of C orrections
for the duration of the registration period. The cost of such
monitoring device shall be reimbursed by the offender;
14. In addition to the ot her sentencing powers of the court, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration Act, the court may
prohibit the person from accessing or using any Internet social
networking website that has t he potential or likelihood of allowing
the sex offender to have contact with any child who is under t he age
of eighteen (18) years;
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15. In addition to the other sentencing powers of the cour t, in
the case of a sex offender who is required by law to regist er
pursuant to the Sex Offenders Regis tration Act, the court shall
require the person to register any electronic mail address
information, instant message, chat or other Internet communic ation
name or identity information that the person uses or intends to use
while accessing the Internet or u sed for other purposes of social
networking or other similar In ternet communication; or
16. In addition to the other sentencing powers of the court,
and pursuant to the terms and conditions of a written plea
agreement, the court may prohibit the defendant from entering,
visiting or residing within the judicial distri ct in which the
defendant was convicted until after completion of his or her
sentence; provided, however, the court shall ensure that the
defendant has access to those services or programs for which the
defendant is required to participate as a condition o f probation.
When seeking to enter the prohibited judicial district for personal
business not related to his or her criminal case, the defendant
shall be required to obtain approval by the cou rt.
B. Notwithstanding any other provision of law, any person who
is found guilty of a violation of any provision of Section 761 or
11-902 of Title 47 of the Oklahoma Statutes or any person pleading
guilty or nolo contendere for a violation of any provisi on of such
sections shall be ordered to participate in, prior t o sentencing, an
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alcohol and drug assessment and evaluation by an assessment agency
or assessment personnel certified by the Department of Mental Health
and Substance Abuse Services for the pur pose of evaluating the
receptivity to treatment and prognosis o f the person. The court
shall order the person to reimburse the agency or assessor fo r the
evaluation. The fee shall be the amount provided in subsection C of
Section 3-460 of Title 43A of th e Oklahoma Statutes. The evaluation
shall be conducted at a ce rtified assessment agency, the office of a
certified assessor or at another location as ordered by the court.
The agency or assessor shall, within seventy -two (72) hours from the
time the person is assessed, submit a written report to the court
for the purpose of assisting the court in its final sentencing
determination. No person, agency or facility operating an alcohol
and drug substance abuse evaluation program certified by the
Department of Mental Health and Substance Abuse Services shall
solicit or refer any person evaluated pursuant to this subsection
for any treatment program or alcoh ol and drug substance abuse
service in which such person, agency or facility has a vested
interest; however, this provision shall not be construed to prohibit
the court from ordering participation in or any person from
voluntarily utilizing a treatment p rogram or alcohol and drug
substance abuse service offered by such pe rson, agency or facility.
If a person is sentenced to the custody of the Department of
Corrections and the court has received a written evaluation report
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pursuant to this subsection, the r eport shall be furnished to the
Department of Corrections with the judgment and sentence. Any
evaluation report submitted to the court pursuant to this subsection
shall be handled in a manner which will keep such report
confidential from the general pub lic's review. Nothing contained in
this subsection shall be construe d to prohibit the court from
ordering judgment and sentence in the event the defendant fails or
refuses to comply with an order of the court to obtain the
evaluation required by this subsec tion.
C. When sentencing a person convicted of a crime, the court
shall first consider a program of rest itution for the victim, as
well as imposition of a fine or inca rceration of the offender. The
provisions of paragraph 1 of subsection A of this sect ion shall not
apply to defendants being sentenced upon their third or subsequent
to their third conviction of a felony or, beginning January 1, 1993,
to defendants being sentenced for their second or subsequent felony
conviction for violation of Section 11 -902 of Title 47 of the
Oklahoma Statutes, except as otherwise provid ed in this subsection.
In the case of a person being sentenced for his or her second or
subsequent felony conviction for violation of Section 11 -902 of
Title 47 of the Oklahoma Statutes, the court may sentence the person
pursuant to the provisions of para graph 1 of subsection A of this
section if the court orders the person to submit to electronically
monitored home detention administered and supervised by the
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Department of Corrections pur suant to subparagraph e of paragraph 7
of subsection A of this secti on. Provided, the court may waive
these prohibitions upon written application of the district
attorney. Both the application and the waiver shall be made part of
the record of the case.
D. When sentencing a person convicted of a crime, the judge
shall consider any victim impact statements i f submitted to the
jury, or the judge in the event a jury is wa ived.
E. Probation, for purposes of subsection A of this section, is
a procedure by which a defendant fo und guilty of a crime, whether
upon a verdict or plea of guilty or upon a plea of nolo c ontendere,
is released by the court subject to conditions impos ed by the court
and subject to supervision by the Department of Corrections, a
private supervision provider or other person designated by the
court. Such supervision shall be initiated upon an order of
probation from the court, and shall not exceed two (2 ) years, unless
a petition alleging a violation of any condition of deferred
judgment or seeking revocation of the suspended sentence is filed
during the supervision, or as otherwise provided b y law. In the
case of a person convicted of a sex offense, sup ervision shall begin
immediately upon release from incarceration or if parole is gran ted
and shall not be limited to two (2) years. Provided further, any
supervision provided for in this secti on may be extended for a
period not to exceed the expiration of the maximum term or terms of
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the sentence upon a determination by the court or the D ivision of
Probation and Parole of the Department of Corrections that the best
interests of the public and t he release will be served by an
extended period of supervision.
F. The Department of Corrections, or such other agency as the
court may designate, shall be responsible for the monitoring and
administration of the rest itution and service programs provided for
by subparagraphs a, c and d of paragraph 1 of subsection A of this
section, and shall ensure that restitution payments are forwarded to
the victim and that service assignments are properly performed.
G. 1. The Department of Corrections is hereby auth orized,
subject to funds available through appropriation by the Legislature,
to contract with counties for the administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Program pursuant
to this section shall be eligible to participate in a county
Program; provided, participation in county -funded Programs shall not
be limited to offenders who would otherwise be sentenc ed to
confinement with the Department of Correctio ns.
3. The Department shall establis h criteria and specifications
for contracts with counties for su ch Programs. A county may apply
to the Department for a contract for a county -funded Program for a
specific period of time. The Department shall be respo nsible for
ensuring that any contract ing county complies in full with
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specifications and requirements of the contract. The contract shall
set appropriate compensation to the county for services to the
Department.
4. The Department is hereby authorized to provide technical
assistance to any county in establishing a Program, regardless of
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall inc lude appropriate
staffing, development of community resources, sponso rship,
supervision and any other req uirements.
5. The Department shall annually make a report to the Governor,
the President Pro Tempore of the Oklahoma State Senate and the
Speaker of the Oklahoma House of Representatives on the number of
such Programs, the number of participating offenders, the success
rates of each Program accor ding to criteria established by the
Department and the costs of each Program.
H. As used in this section:
1. "Ignition interlock device" means a device that, without
tampering or intervention by another person, would pr event the
defendant from operatin g a motor vehicle if the defendant has a
blood or breath alcohol concentration of two -hundredths (0.02) or
greater;
2. "Electronically monitored home detention " means
incarceration of the defendant within a specified locat ion or
locations with monitoring by means of a device approved by the
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Department of Corrections that detects if the person leaves the
confines of any specified location; and
3. "Victims impact panel program " means a program conducted by
a corporation registered with the Secretary of St ate in Oklahoma for
the sole purpose of operating a victims impact panel program. The
program shall include live presentations from presenters who will
share personal stories with participants about how alcohol, drug
abuse, the operation of a motor vehicl e while using an electronic
communication device or the illegal conduct of others has personally
impacted the lives of the presenters. A victims impact panel
program shall be attended by persons who have committed the offens e
of driving, operating or bein g in actual physical control of a motor
vehicle while under the influence of alcohol or other intoxicating
substance, operating a mo tor vehicle while the ability of the person
to operate such vehicle was impaired due to the c onsumption of
alcohol or any other substance or operating a motor vehicle while
using an electronic device or by persons who have been convicted of
furnishing an alcoholic beverage to persons under twenty -one (21)
years of age, as provided in Sections 6 -101 and 6-120 of Title 37A
of the Oklahoma Statutes. Persons attending a victims impact panel
program shall be required to pay a fee of Seventy -five Dollars
($75.00) to the provider of the program. A certificate of
completion shall be issued to the person up on satisfying the
attendance and fee requirements of the victims impact panel program.
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The certificate of completion shall contain the busine ss
identification number of the program provider. A certified
assessment agency, certified assessor or provider o f an alcohol and
drug substance abuse course shall be prohibited from providing a
victims impact panel program and shall further be prohibited from
having any proprietary or pecuniary interest in a victims impact
panel program. The provider of the victims impact panel program
shall carry general liability insurance and maintain an accurate
accounting of all business transactions and funds recei ved in
relation to the victims impact panel program. Beginning October 1,
2020, and each October 1 thereafter, th e provider of the victims
impact panel program shall provide to the District Attorneys Council
the following:
a. proof of registration with the Oklahoma Secretar y of
State,
b. proof of general liability insurance,
c. end-of-year financial statements prepar ed by a
certified public acco untant,
d. a copy of federal income tax returns filed with the
Internal Revenue Service,
e. a registration fee of One Thousand Dollars
($1,000.00). The registration fee shall be deposited
in the District Attorneys Council Revo lving Fund
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created in Section 215.28 of Title 19 of the Oklahoma
Statutes, and
f. a statement certifying that the provider of the
victims impact panel program ha s complied with all of
the requirements set forth in this paragraph.
I. A person convicted of a felony offense or receiving any form
of probation for an offense in which registration is required
pursuant to the Sex Offenders Registratio n Act, shall submit to
deoxyribonucleic acid (DNA) testing for law enforcement
identification purposes in accordan ce with Section 150.27 of Title
74 of the Oklahoma Statutes and the rules promulgated by the
Oklahoma State Bureau of Investigation for the OSBI Combined DNA
Index System (CODIS) Database. Subject to the availability of
funds, any person convicted of a mi sdemeanor offense of assault and
battery, domestic abuse, stalking, possession of a controlled
substance prohibited under the Uniform Controll ed Dangerous
Substances Act, outraging public decency, resisting arrest, escape
or attempting to escape, eluding a police officer, Peeping Tom,
pointing a firearm, threatening an act of violence, breaking and
entering a dwelling place, destruction of property, negligent
homicide or causing a personal injury accident while driving under
the influence of any intoxicatin g substance, or any alien unlawfully
present under federal immigration law, upon arrest, shall submit to
DNA testing for law enforcement ident ification purposes in
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accordance with Section 150.27 of Title 74 of the Oklahoma Statutes
and the rules promulgate d by the Oklahoma State Bureau of
Investigation for the OSBI Combined DNA Index System (CODIS)
Database. Any defendant sentenced to probation shall be required to
submit to testing within thirty (30) days of sentencing either to
the Department of Correcti ons or to the county sheriff or other
peace officer as directed by the court. Defendants who are
sentenced to a term of incarceration shall s ubmit to testing in
accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
for those defendants who e nter the custody of the Department of
Corrections or to the county sheriff, for those defendants sentenced
to incarceration in a county jail. Convicted individu als who have
previously submitted to DNA testing under this section and for whom
a valid sample is on file in the OSBI Combined DNA In dex System
(CODIS) Database at the time of sentencing shall not be required to
submit to additional tes ting. Except as required by the Sex
Offenders Registration Act, a deferred judgment does not require
submission to DNA testing.
Any person who is incarc erated in the custody of the Department
of Corrections after July 1, 1996, and who has not been released
before January 1, 2006, shall provide a blood or saliva sample prior
to release. Every person subject to DNA te sting after January 1,
2006, whose sentence does not include a term of confinement with the
Department of Corrections shall submit a blood or saliva sample.
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Every person subject to DNA testing who is sentenced to unsupervised
probation or otherwise not su pervised by the Department of
Corrections shall submit for blood or saliva testing to the sheriff
of the sentencing county.
J. Samples of blood or saliva for D NA testing required by
subsection I of this section shall be taken by employees or
contractors of the Department of Corrections, peace officers, or the
county sheriff or employees or contractors of the sheriff 's office.
The individuals shall be properly trained to collect blood or saliva
samples. Persons collecting blood or saliva for DNA testing
pursuant to this section shall be immune from civil liabilities
arising from this activity. All collectors of DNA samples shall
ensure the collection of samples are mailed to the Oklahoma State
Bureau of Investigation within ten (10) days of the time the s ubject
appears for testing or within te n (10) days of the date the subject
comes into physical custody to serve a term of incarceration. All
collectors of DNA samples shall use sample kits provided by the OSBI
and procedures promulgated by the OSBI. Pers ons subject to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be required to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submission to the
OSBI Combined DNA Index System (CODIS) Dat abase. Any fees collected
pursuant to this subsection shall be deposited in the revolving
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account or the service fee account of the collectio n agency or
department.
K. When sentencing a person who has been convicted of a crime
that would subject that per son to the provisions of the Sex
Offenders Registration Act, neither the court nor the district
attorney shall be allowed to waive or exempt such person from t he
registration requirements of the Sex Offenders Registration Act.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 991c, is
amended to read as follows:
Section 991c. A. Upon a verdict or plea of guilty or upon a
plea of nolo contendere, but before a judgment of guilt, the court
may, without entering a judgme nt of guilt and with the consent of
the defendant, defer further proceedings upon the specific
conditions prescribed by the court not to exceed a seven -year
period, except as aut horized under subsection B of this section.
The court shall first consider re stitution among the various
conditions it may prescribe. The court may also consider ordering
the defendant to:
1. Pay court costs;
2. Pay an assessment in li eu of any fine authorized by law for
the offense;
3. Pay any other assessment or cost autho rized by law;
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4. Engage in a term of community service without compensation,
according to a schedule consistent with the employment and family
responsibilities of the defendant;
5. County jail confinement for a period not to excee d ninety
(90) days or the maximum amount of ja il time provided for the
offense, if it is less than ninety (90) days;
6. Pay an amount as reimbursement for reasonable attorney fees,
to be paid into the court fund, if a court-appointed attorney has
been provided to the defendan t;
7. Be supervised in t he community for a period not to exceed
eighteen (18) months, unless a petition alleging v iolation of any
condition of deferred judgment is filed during the pe riod of
supervision. As a condition of any supervi sion, the defendant shall
be required to pay a supervision fee of Forty Dollars ($40.00) per
month. The supervision fee shall be waived in whole or part by the
supervisory agency when the accused is indigent. Any fees collected
by the district attorney p ursuant to this paragraph shall be
deposited in the General Revenue Fund of the State Treasury. No
person shall be denied supervision based solely on the inability of
the person to pay a fee ;
8. Pay into the court fund a monthly amount not exceeding Fort y
Dollars ($40.00) per month during any period during which the
proceedings are deferred when the defendant is not to be supervised
in the community. The total amount to be paid into the court fund
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shall be established by the court and shall not exceed th e amount of
the maximum fine authorized by law for the offense;
9. Make other reparations to the community or victim as
required and deemed appropriate by the court;
10. Order any conditions which can be imposed for a suspended
sentence pursuant to parag raph 1 of subsection A of Section 991a of
this title; or
11. Any combination of the above provisions.
However, unless under the supervision of the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district at torney during the first two (2) years of
probation to compensate the district attorney for the costs incurred
during the prosecution of the offender and for the additional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney m ay waive
any part of this requirement in the best interests of justice. The
court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that
a reduction in the fine, costs and costs of prose cution is
warranted, the court shall equally apply the same percentage
reduction to the fine, costs and costs of prosecution owed by the
offender. Any fees collected by the district attorney pursuant to
this paragraph shall be deposited in the General Rev enue Fund of the
State Treasury.
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B. When the court has ordered restitution as a condition of
supervision as provided for in subsection A of thi s section and that
condition has not been satisfied, the court may, at any time prior
to the termination or exp iration of the supervision period, order an
extension of supervision for a period not to exceed three (3) years.
C. In addition to any conditions of supervision provided for in
subsection A of this section, the c ourt shall, in the case of a
person before the court for the offense of operating or being in
control of a motor vehicle while the person was under the influence
of alcohol, other intoxica ting substance, or a combination of
alcohol and another intoxicating substance, or who is before the
court for the offense of operating a motor vehicle while the ability
of the person to operate such vehicle was impaired due to the
consumption of alcohol, require the perso n to participate in an
alcohol and drug substance a buse evaluation program offered by a
facility or qualified practitioner certified by the Department of
Mental Health and Substance Abuse Services for the purpose of
evaluating the receptiv ity to treatment and prognosis of the person.
The court shall order the person to reimburse the facility or
qualified practitioner for the evaluation. The Department of Mental
Health and Substance Abuse Services shall establish a fee schedule,
based upon the ability of a person to pay, provided the fee for an
evaluation shall not exceed Seventy-five Dollars ($75.00). The
evaluation shall be conducted at a certified facility, the office of
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a qualified practitioner or at another location as ordered by the
court. The facility or qualified practitioner shall, within
seventy-two (72) hours from the time the person i s assessed, submit
a written report to the court for the purpose of assisting the court
in its determination of conditions for deferred sentence. No
person, agency or facility operating an alcohol and drug substan ce
abuse evaluation program certified by t he Department of Mental
Health and Substance Abuse Services shall solicit or refer any
person evaluated pursuant to this subsection for any treatm ent
program or alcohol and drug substance abuse service in which the
person, agency or facility has a vested i nterest; however, this
provision shall not be construed to prohibit the court from ordering
participation in or any person from voluntarily utilizing a
treatment program or alcohol and drug substance abuse service
offered by such person, agency or facility . Any evaluation report
submitted to the court pursuant to this subsection shall be handled
in a manner which will keep the report confidential f rom review by
the general public. Nothing contained in this subsect ion shall be
construed to prohibit the cou rt from ordering judgment and sentence
in the event the defendant fails or refuses to comply with an order
of the court to obtain the evaluation required by this s ubsection.
As used in this subsection, "qualified practitioner" means a person
with at least a bachelor's degree in substance abuse treatment,
mental health or a related health care field and at least two (2)
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years of experience in provid ing alcohol abuse treatment, other drug
abuse treatment, or both alc ohol and other drug abuse treatment who
is certified each year by the Department of Mental Health and
Substance Abuse Services to provide these assessments. However, any
person who does not meet the requi rements for a qualified
practitioner as defined her ein, but who has been previously
certified by the Department of Mental Health and Substance Abuse
Services to provide alcohol or drug treatment or assessments, shall
be considered a qualif ied practitioner provided all education,
experience and certificatio n requirements stated herein are met by
September 1, 1995. The court may also require the person to
participate in one or both of the following:
1. An alcohol and drug substance abuse course, pursuant to
Sections 3-452 and 3-453 of Title 43A of the Oklah oma Statutes; and
2. A victims impact p anel program, as defined in subsection H
of Section 991a of this title, if such a program is offered in the
county where the judgment is rendered. The defendant shall be
required to pay a fee of Seventy -five Dollars ($75.00) as set by the
governing authority of the program and approved by the court to the
victims impact panel program to offset the cost of participation by
the defendant, if in the opinion of the court the defendant has the
ability to pay such fee.
D. Upon completion of the conditions of t he deferred judgment,
and upon a finding by the court that the conditions have been met
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and all fines, fees, and monetary assessments have been paid as
ordered, the defendant shall be discharged without a court judgme nt
of guilt, and the court shall order the verdict or plea of guilty or
plea of nolo contendere to be expunged from the record and the
charge shall be dismissed with prejudice to any further action. The
procedure to expunge the record of the defendant sha ll be as
follows:
1. All references t o the name of the defendant shall be deleted
from the docket sheet;
2. The public index of the filing of the charge shall be
expunged by deletion, ma rk-out or obliteration;
3. Upon expungement, the court clerk shall keep a separate
confidential index o f case numbers and names of defendants which
have been obliterated pursuant to the provisions of this section;
4. No information concerning the confidential file shall be
revealed or released, except upon written order of a judge of the
district court or upon written request by the named defendant to the
court clerk for the purpose of updating the criminal history record
of the defendant with the Oklahom a State Bureau of Investigation;
and
5. Defendants qualifying under Section 18 of this title may
petition the court to have the filing of the indictment and the
dismissal expunged from the public index and docket sheet. This
section shall not be mutually exclusive of Sec tion 18 of this title.
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Records expunged pursuant to this subsection shall be sealed to
the public but not to law enforcement agencies for law enforcement
purposes. Records expunged pursuant to this subsection shall be
admissible in any su bsequent criminal prosecution to prove the
existence of a prior conv iction or prior deferred judgment without
the necessity of a court order requesting the unsealing of such
records.
E. The provisions of subsection D of this section shall be
retroactive.
F. Whenever a judgment has been deferred by the court according
to the provisions of this section, deferred judgment may not be
accelerated for any technical violation unless a petition setting
forth the grounds for such acceleration is filed by the distr ict
attorney with the clerk of the sentencing court and competent
evidence justifying the accelerat ion of the judgment is presented to
the court at a hearing to be held for that purpose. The hearing
shall be held not more than twenty (20) days after the entry of the
plea of not guilty to the petition, unless waived by bot h the state
and the defendant. Any acceleration of a deferred sentence based on
a technical violation shall not exceed ninety (90) days for a first
acceleration or five (5) years for a se cond or subsequent
acceleration.
G. Upon any violation of the defer red judgment, other than a
technical violation, the court may enter a judgment of guilt and
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proceed as provided in Section 991a of this title or may modify any
condition imposed. Provided, however, if the deferred judgment is
for a felony offense, and the defendant commits another fel ony
offense, the defendant shall not be allowed bail pending appeal.
H. The deferred judgment procedure described in this section
shall apply only to defenda nts who have not been previously
convicted of a felony offense and h ave not received more than on e
deferred judgment for a felony offense within the ten (10) years
previous to the commission of the pending offense.
Provided, the court may waive this prohibition upon writte n
application of the district attorney. Both the application and the
waiver shall be made a part of the record of the case.
I. The deferred judgment procedure described in this section
shall not apply to defendants found guilty or who pl ead guilty or
nolo contendere to a sex offense required by law to register
pursuant to the Sex Offenders Registration Act.
J. All defendants who are supervised pursuant to this section
shall be subject to the sanction process as established in
subsection D of Section 991b of this title.
K. Notwithstanding the provisi ons of subsections F and G of
this section, a person who is being considered for an acceleration
of a deferred judgment for an offense where the penalty has
subsequently been lowered to a misd emeanor shall only be subject to
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a judgment and sentence that wo uld have been applicable had he or
she committed the offense after July 1, 2017.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 991d, is
amended to read as follo ws:
Section 991d. A. 1. When the court orders supervision by the
Department of Corrections, or the district attorney requires the
Department to supervise any person pursuant to a deferred
prosecution agreement, the person shall be required to pay a
supervision fee of Forty Dollars ($40.00) per month during the
supervision period, unless the fee would impose an unnecessary
hardship on the person. In hardship ca ses, the Department shall
expressly waive all or part of the fee. The court shall ma ke
payment of the fee a condition of the sentence which shall be
imposed whether the supervision is incident to the susp ending of
execution of a sentence, incident to the suspending of imposition of
a sentence, or incident to the deferral of proceedings af ter a
verdict or plea of guilty. The Department shall determine methods
for payment of supervision fee, and may charge a reasonable user fee
for collection of supervision fees electronically. The Department
is required to report to the sentencing court a ny failure of the
person to pay supervision fees and to report immediately if the
person violates any condition of the s entence.
2. When the court imposes a suspended or deferred sentence for
any offense and does not order supervision by the Department of
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Corrections, the offender shall be required to pay to the district
attorney a supervision fee of Forty Dollars ($40.00) per month as a
fee to compensate the district atto rney for the actual act of
supervising the offender during the applicable period of
supervision. In hardship cases, the d istrict attorney shall
expressly waive all or part of the fee. Any fees collected by the
district attorney pursuant to this paragraph shall be deposited in
the General Revenue Fund of the State Treasury.
3. If restitution is ordered by the court in conjunction with
supervision, the supervision fee will be paid in addition to the
restitution ordered. In addition to the restitution paym ent and
supervision fee, a reasonable user fee may be charged by the
Department of Corrections to cover the expenses of ad ministration of
the restitution, except no user fee shall be collected by the
Department when restitution payment is collected and dis bursed to
the victim by the office of the district attorney as provided in
Section 991f of this title or Section 991f-1.1 of this title.
B. The Pardon and Parole Board shall require a supervision fee
to be paid by the parolee as a condition of parole whic h shall be
paid to the Department of Corrections. The Department shall
determine the amount of the fee as provided for ot her persons under
supervision by the Department.
C. Upon acceptance of an offender by the Department of
Corrections whose probation o r parole supervision was transferred to
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Oklahoma through the Interstate Compact Agree ment, or upon the
assignment of an inmate to any community placement, a fee shall be
required to be paid by the offender to the Department of Corrections
as provided for other persons under supervision of the Department.
D. Except as provided in subsectio n A and this subsection, all
All fees collected pursuant to this section shall be deposited in
the Department of Corrections Revolving Fund created pursuant to
Section 557 of Title 57 of the Oklahoma Statutes. For the fiscal
year ending June 30, 1996, fifty p ercent (50%) of all collections
received from offenders placed on supervision after July 1, 1995,
shall be transferred t o the credit of the General Revenue Fund of
the State Treasury until such time as total transfers equal Three
Million Three Hundred Thou sand Dollars ($3,300,000.00).
SECTION 4. This act shall become effective November 1, 2024.
Passed the House of Representatives the 11th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate