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SENATE FLOOR VERSION
February 6, 2024
SENATE BILL NO. 1724 By: Howard
An Act relating to community sentencing; amending 22
O.S. 2021, Section 988.20, w hich relates to
disciplinary sanctions or incentives; au thorizing
court to order stay for revocation of driving
privileges under certain circumstances; requ iring
application for driver license for certain offenders;
requiring time period for revocation to run
concurrently with stay; requiring court to make
certain determination; updating statutory language;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 988.20, is
amended to read as follows:
Section 988.20. A. Upon proper motion to the cou rt to modify a
community sentence as provided in Section 988.19 of this title, the
judge court shall have authority to impose disciplinary sanctions or
incentives. An order for a disciplinary sanction shall not modify
the terms of the original sentence an d shall be imposed only to gain
compliance with the terms of the court -ordered community punishment.
The court may order any community punishment available and funded in
the jurisdiction that is deemed appropriate by the judge court for
the circumstance including, but not limited to, a term of
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imprisonment specified in Section 991b of this title per motion for
modification in either:
1. The county jail;
2. A residential treatment facility;
3. A restrictive housing facility; or
4. A halfway house.
When the offender is to be confined, the sh eriff shall, upon order
of the court, deliver the offender to the designated place of
confinement, provided the place of confinement has an agree ment for
confinement services with the local community sentencing system or
is the county jail. The s heriff shall be reimbursed by the local
community sentencing system for transporting offenders pursuant to
this subsection. The offender shall be given day -for-day credit for
any terms of incarceration served in the county jai l or other
restrictive facility when t he sentence is modified.
B. The court may, through a standing court order, provide for
specific sanctions and incentives which may be utilized b y the local
administrator upon notification to the court.
C. When a motion for modification has been filed pursuant to
Section 988.19 of this title, the court shall have authority to
offer incentives to o ffenders to encourage proper conduct in the
community and for compliance with the community punishments. The
court shall use its discretion in ordering appropria te incentives.
Incentives shall be considered a reduction and modification to the
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community punishment and may be ordered after the motion to mo dify
has been heard.
D. Notwithstanding any other provision of law, if t he driving
privileges of the offender have been suspended, revoked, canceled ,
or denied by Service Oklahoma and if the court determines that no
other means of transportation for the offender participating in the
community sentencing program is available, t he court may enter a
written order requiring Service Oklahoma to stay any and all such
actions against the Class D driving privileges of the offen der.
Such stay shall not be cons trued to grant driving privileges to an
offender who has not been issued a dr iver license by Service
Oklahoma or whose Oklahoma driver license has expired , in which case
the offender shall be required to apply for and be found eligible
for a driver license, pass all examinations, if applicable, and pay
all statutory driver license issuance or renewal fees. The offender
shall provide proof of insurance to the court prior to an order for
a stay of any driver license suspensio n, revocation, cancellation,
or denial. When a court enters a stay against an order by Service
Oklahoma suspending or revoking the driving privileges of an
offender who is participating in the community sentencing program,
the time period set in the order by Service Oklahoma for the
suspension or revocation shall continue to run during the stay.
When an offender has successfully completed the commun ity sentencing
program, the court shall determine if he or she will maintain
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jurisdiction over the offender ’s driving privileges for one (1) year
after the date on which the offender graduates from the program.
E. When any offender is disciplined by the court as authorized
by this section and is to be imprisoned in the county jail or other
restrictive facility, the sheriff or facility administrator shall
receive compensation as provided by their agreement with the loca l
community sentencing system, or the sheriff or facility
administrator shall be paid directly for the services by the
offender when ordered to pa y for the confinement as par t of the
disciplinary sanction. In no event shall any compensation for
disciplinary confinement exceed the maximum amount provided for
county jail confinement in Section 38.1 of Title 57 of the Oklahoma
Statutes.
E. F. The Department of Corrections is prohibited from
accepting offenders into any state penitentiary for disciplinary
sanctions.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 6, 2024 - DO PASS