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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3546 By: Sterling
AS INTRODUCED
An Act relating to criminal procedures; amending 22
O.S. 2021, Section 983, as amended by Section 3,
Chapter 247, O.S.L. 2023 (22 O.S. Supp. 2023, Section
983), which relates to certain court related
financial obligations; modifying procedure related to
certain warrants; prescribing notice requirement;
modifying provisions related to hearings for cost
arrest warrant; specifying certain ti me period after
arrest; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 983, as
amended by Section 3, Chapter 247, O.S.L. 2023 (22 O. S. Supp. 2023,
Section 983), is amended to read as follows:
Section 983. A. 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,
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b. failure to appear at a cost 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
a cost hearing date has been 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 the 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
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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
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 ob ligations 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, ei ther in whole or in part.
3. In determining the ability of a defendant to pay, the court
shall consider the following factors:
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a. individual and household income,
b. household living expenses,
c. number of dependents,
d. assets,
e. child support obligations,
f. physical or mental health 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,
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
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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
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 obligations 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 obligations have been incurred and
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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
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
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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 concerning 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
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.
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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
b. when no installment payments have 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.
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3. At least 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 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
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 pay the amount due, the court will issue a
WARRANT and refer the case to a court cost compliance liaison which
will cause an additional 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,
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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
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 officer 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
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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 who shall promptly notify the court clerk . The
electronic communication shall be treated as a duplicate original
for all purposes in any subsequent hearings before the appropriate
court.
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.
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4. At the hearing following the arrest for failure to appear on
the cost arrest warrant , the court shall conduct a cost hearing or
willfulness hearing, as the court deems appropriate, within seventy-
two (72) hours of the arrest 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 defendant 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
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
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the effective date of this act shall remain in effect unless w aived
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 able to
pay a court financial obligation, eith er in whole or in part, and
then becomes delinquent in that payment, a court may conduct a
willfulness hearing 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 may be
considered as evidence of ability to pay or willfulness at the
hearing. 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 satisfy 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 followi ng 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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K. In addition, the district court o r municipal court, within
one hundred twenty (120) days from the date u pon which the person
was originally ordered to make payment, and if the court finds and
memorializes into the record that the defendant is financi ally able
but willfully refuses to pay the court financial obli gations, or an
installment due, may send notice of nonpayment of any court-ordered
fine and costs for a moving traffic vio lation to Service Oklahoma
with a recommendation of suspension of driving pri vileges of the
defendant until the total amount of any court financial obligation
has been paid. Upon receipt of payment of the total amount of the
court financial obligati ons for the moving traffic viola tion, the
court shall send notice ther eof to Service Oklahoma, if a nonpayment
notice was sent as provided for in this subsection. Notices sent to
Service Oklahoma shall be on forms or by a met hod approved by
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
information on file shall be forwarded to a court cost compliance
liaison for collection purposes.
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M. The Court of Criminal Appeals shall implem ent procedures and
rules for implementation of the requirements of this section. Such
procedures, rules, and any supplemental forms may be made available
by the Administrative Office of the Courts.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9541 MAH 01/12/24