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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th L egislature (2024)
HOUSE BILL 3960 By: Echols of the House
and
Rosino of the Senate
AS INTRODUCED
An Act relating to driving under the influence;
amending 22 O.S. 2021, Section 991a, as amended by
Section 4, Chapter 310, O.S.L. 2 023 (22 O.S. Supp.
2023, Section 991a), which relates to sentencing
powers of the court; removing probation exception for
felony DUI; applying probat ion consistently across
all felonies; and providing an eff ective date.
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 991a, as
amended by Section 4, Chapter 310, O.S.L. 2023 (22 O.S. Supp. 202 3,
Section 991a), is amended to read as follows:
Section 991a. A. Except as otherwise provided in the Elderly
and Incapacitated Victim's Protection Program, when a defendant is
convicted of a crime and no death sente nce is imposed, the court
shall either:
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1. Suspend the execution of sentence in whole or in part, with
or without probation. The court, in addition , may order the
convicted defendant at the time of sentencing or at any time during
the suspended sentence to do one or more of the following:
a. to provide restitution to the victim as provided by
Section 991f et seq. of thi s 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 the
opinion of the court , if the defendant is able to pay
such restitution without imposing manifest h ardship 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 amo unts paid by the
state agency for hospital and medical expenses
incurred by the victim or victims, as a result of the
criminal act for whi ch such person was convicted,
which reimbursement shall be made directly to the
state agency, with interest accruing t hereon at the
rate of twelve percent (12%) per annum,
c. to engage in a term o f community service without
compensation, according to a sch edule consistent with
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the employment and family responsibilities of the
person convicted,
d. to pay a reasonable sum i nto any trust fund
established pursuant to the provisions of Sections 176
through 180.4 of Title 60 of the Oklahoma Statutes and
which provides restitution payments by convicte d
defendants to victims of crimes committed within this
state wherein such victi m has incurred a financial
loss,
e. to confinement in the county jail for a pe riod not to
exceed six (6) months,
f. to confinement as prov ided by law together with a term
of post-imprisonment community supervision for not
less than three (3) years of the t otal term allowed by
law for imprisonment, wit h or without restitution;
provided, however, the authority of this provision is
limited to Section 843.5 of Title 21 of the Oklaho ma
Statutes when the offense involved sexual abuse or
sexual exploitation; Secti ons 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 the Ok lahoma Statutes,
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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
reward, the court shall consider the ability of the
defendant to make the payment, the financial hardship
on the defendant to make the required payment and the
importance of the information to the prosecution of
the defendant as provided by the arresting officer or
the district attorney with due regard for the
confidentiality of the reco rds of the local certified
crime stoppers program and the Oklahoma Reward System.
The court shall assess this repayment against t he
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 to the extent those standards do
not conflict with state statutes. The term "court"
refers to all municipal a nd district courts within
this state. The "Oklahoma Reward System " means the
reward program established by Section 150.18 of Title
74 of the Oklahoma Statutes,
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h. to reimburse the Oklahoma State Bureau of
Investigation for costs incurred by that agency du ring
its investigation of the crime for which the defendant
pleaded guilty, nolo contendere or was convicted
including compensation for la boratory, technical or
investigation services performed by the Bureau if, in
the opinion of the court, the defendant i s able to pay
without imposing manifest hardsh ip on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defendant's case may be
determined with reasonable certainty,
i. to reimburse the Oklahoma State Bureau of
Investigation and any authorized law enforcement
agency for all costs incurred by that a gency for
cleaning up an illegal drug laboratory site for wh ich
the defendant pleaded guilty, nolo contendere or was
convicted. The court clerk shall collect the amount
and may retain five percent (5%) of such monies to be
deposited in the Court Clerk 's Revolving Fund to cover
administrative costs and shall remit the remainder to
the Oklahoma State Bu reau of Investigation to be
deposited in the OSBI Revolving Fund established by
Section 150.19a of Title 74 of the Oklahoma St atutes
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or to the general fund wh erein the other 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 Oklahom a Statutes, for the benefit
of crime victims,
k. to reimburse the court fund f or amounts paid to court -
appointed attorneys for representin g the defendant in
the case in which the person is being sentenced,
l. to participate in an assessment and evaluation by an
assessment agency or assessment personne l certified by
the Department of Mental Health and Substance Abuse
Services pursuant to Sect ion 3-460 of Title 43A of the
Oklahoma Statutes and, as determined by the
assessment, participate in an alcohol and dr ug
substance abuse course or treatment program or both,
pursuant to Sections 3 -452 and 3-453 of Title 43A of
the Oklahoma Statutes, or as ordered by the court,
m. to be placed in a victims impact panel program, as
defined in subsection H of this section, o r
victim/offender reconciliation program and p ayment of
a fee to the program o f Seventy-five Dollars ($75.00)
as set by the governing auth ority of the program to
offset the cost of participation by the defendant .
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Provided, each victim/offender reconciliat ion program
shall be required to obtain a writ ten consent form
voluntarily signed by the victim and defendant that
specifies the methods t o be used to resolve the
issues, the obligations and rights of each perso n and
the confidentiality of the proceedings. Volunteer
mediators and employees of a victi m/offender
reconciliation progra m shall be immune from liability
and have rights of confiden tiality as provided in
Section 1805 of Title 12 of the Oklahoma Statutes,
n. to install, at the expense of the defenda nt, an
ignition interlock device approved by t he Board of
Tests for Alcohol an d Drug Influence. The device
shall be installed upon every motor vehicle 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 l icense not exceeding two (2)
years to be determined by the c ourt. The restriction
may be modified or removed only by order of the c ourt
and notice of any modification order shal l be given to
Service Oklahoma. Upon the expi ration of the period
for the restriction, Service Oklahoma shall remove the
restriction without further court order. Failure to
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comply with the order to install an ignition interlock
device or operating any ve hicle 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 para graph,
"ignition interlock device " means a device that,
without tampering or int ervention by another person,
would prevent the defendant from operating a moto r
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 administered
and supervised by the Department of Corrections or a
community sentence provider, and paymen t 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 court for the
payment of the monitoring fee shall be a violation of
the sentence and may b e punished as deemed proper by
the sentencing court. As used in this paragraph,
"electronic monitoring" means confinement of the
defendant within a specified location or locations
with supervision by means of an elect ronic device
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approved by the Departmen t of Corrections which is
designed to detect if the defendant is in the court -
ordered location at the required times and which
records violations for investig ation by a qualified
supervisory agency or person,
p. to perform one or more courses of treatment, education
or rehabilitation for any conditions, behaviors,
deficiencies or diso rders which may contribute to
criminal conduct including but not limited to al cohol
and substance abuse, mental health, emotional health,
physical health, propensity for violen ce, 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 r ecognized 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 org anization,
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q. to submit to periodic testing fo r alcohol,
intoxicating substanc e or controlled dangerous
substances by a qualified laborato ry,
r. to pay a fee or costs for treat ment, education,
supervision, participation in a program or any
combination thereof as determined by the court, based
upon the defendant's ability to pay the fees or costs,
s. to be supervised by a Department of Correc tions
employee, a private supervision provider or other
person designated by the court,
t. to obtain positive behavior modeling by a trained
mentor,
u. to serve a term of confinement in a restrict ive
housing facility available in the community,
v. to serve a term of confinement in the county j ail 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, payme nts, duties
or person-to-person contacts as specified by the
court,
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y. to pay day fines not to exceed fifty percent (50%) of
the net wages earned. For purpos es of this paragraph,
"day fine" means the offender is order ed to pay an
amount calculated as a pe rcentage of net daily wages
earned. The day fine shall be paid to the local
community sentencing system as reparation to the
community. Day fines shall be u sed to support the
local system,
z. to submit to blood or sa liva testing as required by
subsection I of this section,
aa. to repair or restore property damaged by the
defendant's conduct, if the court determines the
defendant possesses sufficient skill to repair or
restore the property and the victim consents to th e
repairing or restoring of the proper ty,
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 participation,
dd. in the case of a person convicted of pros titution
pursuant to Section 102 9 of Title 21 of the Oklahom a
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Statutes, require such person to receive counseling
for the behavior which may have caused such person to
engage in prostitution activities. Such p erson may be
required to receive counseling in areas including but
not limited to alcohol and substance ab use, sexual
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 cour t shall
require the person to comply with sex offender
specific rules and conditions of supervisio n
established by the Department of Corrections and
require the person to partici pate in a treatment
program designed for the t reatment of sex offenders
during the period of time while t he offender is
subject to supervision by the Department of
Corrections. The treatment program shall include
polygraph examinations specifically design ed for use
with sex offenders for purposes of supervision and
treatment compliance, and shall be administ ered not
less than each six (6) m onths during the period of
supervision. The examination shall be administered by
a certified licensed polygraph exami ner. The
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treatment program must be approved b y the Department
of Corrections or the Department of Mental Health and
Substance Abuse Servi ces. Such treatment shall be at
the expense of the defendant based on the defendant 's
ability to pay,
ff. in addition to other sentencing powers of the court,
the court in the case of a defendant being sentenced
for a felony conviction for a violation of Section 2-
402 of Title 63 of the Oklah oma Statutes which
involves marijuana may require the person to
participate in a drug court program, if available. If
a drug court program is not available, the defendant
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 defin ed 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 f iling of the case in
district court. This money shall be deposited in th e
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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 chec k fees on any other
bogus check or checks that have been submitted to the
Bogus Check Restitution Program, and
hh. any other provision specifically order ed by the court.
However, any such order for r estitution, community service,
payment to a local certi fied crime stoppers program, payment to the
Oklahoma Reward System or confi nement in the county jail, or a
combination thereof, shall be made in conjunctio n 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 additi onal work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The dist rict attorney may waive
any part of this requi rement in the best interests of justice. The
court shall not waive, suspend, defer or dismi ss the costs of
prosecution in its ent irety. 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
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reduction to the fine, costs and costs of prosecutio n owed by the
offender;
2. Impose a fine prescribed by law for the offense, with or
without probation or commitment a nd with or without restitution or
service as provided for in this section , Section 991a-4.1 of this
title or Section 227 of Title 57 of th e Oklahoma Statutes;
3. Commit such person for confinement provided for by law with
or without restitution as provide d for in this section;
4. Order the defendant to reimburse the Oklahom a State Bureau
of Investigation for costs incurred by that agency d uring its
investigation of the crime f or which the defendant pleaded guilty,
nolo contendere or was convicted includin g compensation for
laboratory, technical or in vestigation services perf ormed by the
Bureau if, in the opinion of the court, the defendant is able to pay
without imposing manife st 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 Stat e Bureau
of Investigation for all cost s incurred by that agency for cleaning
up an illegal drug laboratory site for wh ich 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 such monies
to be deposited in the Court Clerk's Revolving Fund to cover
administrative costs and shall remit the remainder to the Oklahoma
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State Bureau of Investigation to be depo sited in the OSBI Revolving
Fund established by Section 150.19a of T itle 74 of the Oklahoma
Statutes;
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 o r being in control of a
motor vehicle while the person was under the influence of alcohol,
other intoxicating substanc e or a combination of alcohol or another
intoxicating substance, or convicted of operating a motor vehicle
while the ability of the person to operate 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 this s ection, and to pay a fee of
Seventy-five Dollars ($75.00) as set b y the governing
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authority of the program and approved by the court, to
the program to offset the cost of parti cipation by the
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 v ictims
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 e very motor vehicle
operated by such person and to require that a notation
of this restriction be affixed to the person 's driver
license at the time of reinstatement of the license.
The restriction shall remain on the driver license for
such period as the court shall determine. The
restriction may be modified or removed by order of the
court and notice of the order shall be given to
Service Oklahoma. Upon the expir ation of the period
for the restriction, Service Oklahoma shall remove the
restriction without further court order. Failure to
comply with the order to install an ignition interlock
device or operating any veh icle without such device
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during the period of restriction shall be a violation
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 administered 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 Department of Corrections Revolving
Fund. Any order by t he court for the payment of the
monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of cou rt;
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 behavior which may have caus ed 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, sexua l behavior problems or domestic
abuse or child abuse problems;
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9. In addition to the other sentencing powers of the court, in
the case of a person convicted of any crime related to domestic
abuse, as defined in Sectio n 60.1 of this title, the court may
require the defendant to undergo the treatment or participate in the
counseling services necessary to bring about the cessation of
domestic abuse against the vi ctim. The defendant may be required to
pay all or part of t he cost of the treatment or counseling services;
10. In addition to the other sentencing powers of the court,
the court, in the case of a sex offender sentenced 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 specifically for th e 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 tre atment 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 treatmen t shall be at the expense of
the defendant based on the ability 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
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participate in counseling services. The defendant may be required
to pay all or part of the cost of the treatment or counselin g
services;
12. In addition to the ot her sentencing powers of the court,
the court, in the case of a person convicted of cruelty to animals
pursuant to Section 168 5 of Title 21 of the Oklahoma St atutes, may
require the person to pay restitution to animal facilities for
medical care and any bo arding 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 S ection 584
of Title 57 of the Oklahoma Statutes and who is r equired to register
as a sex offender pursuant to the Sex Offenders Registration Act
shall be supervised by the Department of Corrections for the
duration of the registration period and shall be a ssigned to a
global position monitoring device by the Depart ment of Corrections
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 cou rt, 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 acce ssing or using any Internet social
networking website that has t he potential or likelihood of al lowing
the sex offender to have contact with any child who i s under the 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 Registration Act, the court shall
require the person to reg ister any electronic mail address
information, instant message, chat or other Internet communicatio n
name or identity information that the person uses or intends to use
while accessing the Interne t or used for other purposes of social
networking or other s imilar Internet communication; or
16. In addition to the other sentencing powers of the court,
and pursuant to the te rms and conditions of a written plea
agreement, the court may prohibit the def endant from entering,
visiting or residing within the judici al district 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 program s for which the
defendant is required to participate as a co ndition of 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 t he court.
B. Notwithstanding any other provision of law, an y person who
is found guilty of a viol ation of any provision of Section 761 or
11-902 of Title 47 of the Oklahoma Stat utes or any person pleading
guilty or nolo contendere for a violation of any p rovision of such
sections shall be ordered to participate in , prior to sentencing, an
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alcohol and drug assessment and evaluation by an assessment agency
or assessment personnel c ertified by the Department of Mental Health
and Substance Abuse Services for t he purpose of evaluating the
receptivity to treatment and pr ognosis of the person. The court
shall order the person to reimburse the agency or assessor for the
evaluation. The fee shall be the amount provided in subsection C of
Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
shall be conducted at a certified assessment agency, th e 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 o r 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 pur suant 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 pro gram or alcohol and d rug
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 w ritten evaluation report
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pursuant to this subsection, the r eport shall be furnis hed to the
Department of Corrections with the judgment and sentence. Any
evaluation report submitted to the court pursuant to this subsec tion
shall be handled in a manner whic h will keep such report
confidential from the general publi c'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 o f restitution for the victim, as
well as imposition of a fin e or incarceration of the offender. T he
provisions of paragraph 1 of subsection A of this secti on shall not
apply to defendants being sentenced upon their third or subsequent
to their third convi ction 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 violatio n 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 electron ically
monitored home detention admini stered 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 wai ve
these prohibitions upon written application of the distri ct
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 statem ents if submitted to the
jury, or the judge in the event a j ury is waived.
E. Probation, for purp oses of subsection A of this section, is
a procedure by which a defendant found guilty of a crime, whether
upon a verdict or plea of guilty or upon a plea of nolo contendere,
is released by the court subject to conditi ons imposed by the court
and subject to supervision by the Department of Corrections, a
private supervision provider o r other person designated by the
court. Such supervision shall be initiated u pon an order of
probation from the court, and shall not exce ed two (2) years, unless
a petition alleging a violation of any condition of deferred
judgment or seeking revocation o f the suspended sentence is filed
during the supervision, or as otherwise prov ided by law. In the
case of a person convicted of a sex off ense, supervision shall begin
immediately upon release from incarceration or if parole is gran ted
and shall not be lim ited to two (2) years. Provided further, any
supervision provided for in this section may be extended for a
period not to exceed the expi ration 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 the release will be served by an
extended period of sup ervision.
F. The Department of Correc tions, or such other agency as the
court may designate, shall be responsible for the monitoring and
administration of the rest itution and service programs pro vided for
by subparagraphs a, c and d of paragraph 1 of subs ection A of this
section, and shall en sure that restitution payments are forwarded to
the victim and that service assi gnments are properly performed.
G. 1. The Department of Corrections is hereb y authorized,
subject to funds available through appropriati on by the Legislature,
to contract with counties for the administration of county Community
Service Sentencing Program s.
2. Any offender eligible to participate in the Program pursuant
to this section shall be eligible to participate in a county
Program; provided, participation in county -funded Programs shall not
be limited to offenders who would otherwise be sentenced t o
confinement with the Department of Correctio ns.
3. The Department shall est ablish criteria and specifications
for contracts with counti es for such Programs. A county may ap ply
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 con tracting county complies in full with
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specifications and req uirements of the contract. The contra ct 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 pur suant to this
subsection. Technical assistance shall include appropriate
staffing, development of community resources, sponso rship,
supervision and any other requirements.
5. The Department shall annually make a repo rt to the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
on the number of such Program s, the number of participating
offenders, the success rates of each Program ac cording to criteria
established by the Department and the co sts 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 operati ng 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 Correcti ons 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 i mpact panel program. The
program shall include live presentations from presenters who will
share personal stories wit h participants about how alcohol, drug
abuse, the operation of a motor vehicl e while using an electronic
communication device or the illeg al conduct of others has personally
impacted the lives of the presenters. A victims impact panel
program shall be att ended by persons who have committed the offens e
of driving, operating or bein g in actual physical control of a motor
vehicle while under t he influence of alcohol or other intox icating
substance, operating a motor 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 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 pr ogram
shall be required to pay a fee o f Seventy-five Dollars ($75.00) to
the provider of the program. A certificate o f completion shall be
issued to the person upo n satisfying the attendance and fee
requirements of the victims impact panel program. The c ertificate
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of completion shall contain the business identification number of
the program provider. A certified assess ment agency, certified
assessor or provider of an alcohol and drug substance abuse course
shall be prohibited from providing a victims imp act panel program
and shall further be prohibited from having any proprietary or
pecuniary interest in a victims impac t panel program. The provider
of the victims impact panel program shall carr y general liability
insurance and maintain an accurate accoun ting of all business
transactions and funds received in relation to the victims impact
panel program. Beginning Octob er 1, 2020, and each October 1
thereafter, the provider of the victims impact panel program shall
provide to the District Attorneys Counci l the following:
a. proof of registration with the Oklahoma Secretary of
State,
b. proof of general liability insuranc e,
c. end-of-year financial statements prepare d 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 dep osited
in the District Attorneys Council Revol ving Fund
created in Section 215.28 of Title 19 of the Oklahoma
Statutes, and
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f. a statement certifying that the provider of the
victims impact panel program has complied with all of
the requirements set forth in this paragraph.
I. A person convicted of a felony offense or receiving any form
of probation for an offense in which registration is r equired
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid (DNA) testing for law en forcement
identification purposes in accordanc e 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 availa bility of
funds, any person convicted of a mis demeanor offense of assault and
battery, domestic abuse, stalking, possession of a controlle d
substance prohibited under the Unifo rm Controlled Dangerous
Substances Act, outraging public decency, resisting arre st, escape
or attempting to escape, eluding a police officer, Peeping Tom,
pointing a firearm, threatening an act of violence, breaking an d
entering a dwelling place, destructi on of property, negligent
homicide or causing a personal injury accident while d riving under
the influence of any intoxicating substance, or any alien unlawfu lly
present under federal immigration law, upon arrest, shal l submit to
DNA testing for law enforc ement identification purposes i n
accordance with Section 150.27 of Title 74 of t he Oklahoma Statutes
and the rules promulgated by the Oklahoma State Bureau of
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Investigation for the OSBI Combined DNA Index System (CODIS )
Database. Any defendant sentenced t o probation shall be required t o
submit to testing within thirty (30) days of se ntencing either to
the Department of Correctio ns or to the county sheriff or o ther
peace officer as directed by the court. Defendants who are
sentenced to a term of incarcerat ion shall submit to testing in
accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
for those defendants who en ter the custody of the Departmen t of
Corrections or to the county sheriff, for those defenda nts sentenced
to incarceration in a co unty jail. Convicted individua ls who have
previously submitted to DNA testing u nder this section and for whom
a valid sample is on file in the OSBI Combined DNA Index System
(CODIS) Database at the time of sentencing shall not be required to
submit to additional testing. Except as req uired by the Sex
Offenders Registration Act, a de ferred judgment does not require
submission to DNA testing.
Any person who is incarcerated in the custody of the Department
of Corrections after July 1, 1996, and who has not b een released
before January 1, 2006, shall provide a blood or saliva sample prio r
to release. Every person subject to DNA tes ting 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.
Every person subject to DNA testing who is sentenced to unsupervised
probation or otherwise not sup ervised by the Department of
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Corrections shall submit for blood or saliva testing to the she riff
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 contra ctors of the sheriff 's office.
The individuals shall be properly t rained 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. A ll 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 su bject
appears for testing or wit hin ten (10) days of the date the subject
comes into physical custody to serve a term of incarcera tion. All
collectors of DNA samples shall use sample kits provided by the OSBI
and procedures promulgated by the OSBI. Perso ns 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 t he
OSBI Combined DNA Index System (CODIS) Data base. Any fees collected
pursuant to this subsection shall be deposited in the revolving
account or the service fee account of th e collection agency or
department.
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K. When sentencing a person who has been con victed of a crime
that would subject that pers on to the provisions of the Sex
Offenders Registration Act, neither the court nor the distri ct
attorney shall be allowed to waive or exempt such person from t he
registration requirements of the Sex Offenders Re gistration Act.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/20/2024 -
DO PASS, As Coauthored.