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ENGROSSED SENATE
BILL NO. 1663 By: Gollihare of the Senate
and
Duel of the House
An Act relating to probation; authorizing the filing
of a petition to request termination of probation ;
providing elements of petition; authorizing certain
response from prosecuting entity within certain
period; requiring evidentiary hearing within certain
period; prohibiting certain fees for terminated
probation; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 521.3 of Title 57, unless there
is created a duplication in numbering, reads as follows:
A. Upon the filing of a petition, a court may terminate a term
of probation and discharge the defendant at any time earlier than
that provided in the original sentence if warranted by the conduct
of the defendant and if the defendant has complete d at least one (1)
year of the probationary term.
B. A petition for early termination of a probationary term may
be filed by either the defendant or prosecuting entity. The
petition for early termination of a probationary term shall include:
1. The charges the defendant was convicted of;
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2. The terms of the defendant ’s sentence;
3. Whether the defendant has completed all other terms of the
defendant’s sentence, including the payment of restitution, fines,
court costs, and fees, except for the full term of probation;
4. Whether the defendant has completed at least one (1) full
year of probation; and
5. Any relevant information concerning the reason or reasons
that early termination of the term of probation is warranted by the
conduct of the defendant.
C. If a petition for early termination of a probationary term
is filed by the defendant, the original prosecuting entity shall
have thirty (30) days to file a response to the petition to provide
evidence the prosecuting entity determines is relevant to th e
decision of the court.
D. No earlier than forty-five (45) days after the filing of the
petition, the court shall hold an evidentiary hearing in which the
court shall take testimony from the parties and consider any other
evidence the court determines to be relevant.
E. Upon the issuance of an or der terminating the term of
probation, the defendant shall no longer be charged administrative
or supervision fees but shall be liable for any fees accrued up to
the issuance of an order terminating the term of p robation.
SECTION 2. This act shall become effective November 1, 2024 .
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Passed the Senate the 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives