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ENGROSSED SENATE
BILL NO. 1724 By: Howard of the Senate
and
Hill of the House
An Act relating to community sentencing; amending 22
O.S. 2021, Section 988.20, which relates to
disciplinary sanctions or incentives; authorizing
court to order stay for revocation of driving
privileges under certain circumstances; requiring
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 motio n to the court 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 and 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 agreement for
confinement services with the local community senten cing system or
is the county jail. The sheriff 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 th e county jail 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 by 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 offenders 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 modify
has been heard.
D. Notwithstanding any other provision of law, if the driving
privileges of the offender have been suspended, revoked, canceled ,
or denied by Service Oklahoma for any reason other than a conviction
for reckless driving or driving under the influence pursuant to
Section 11-901, 11-902, or 11.906.4 of Title 47 of the Oklahoma
Statutes, and if the court determines that no other means of
transportation for the offender participating in the community
sentencing program is available, the court may enter a written order
requiring Service Oklahoma to st ay any and all such actions against
the Class D driving privileges of the offender. Such stay shall not
be construed to grant driving privileges to an offender who has not
been issued a driver 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 suspension, 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
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revocation shall continue to run during the stay. When an offender
has successfully completed the community sentencing program, the
court shall determine if he or she will maintain 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 o r other
restrictive facility, the sheriff or facility administrator shall
receive compensation as provided by their agreement with the local
community sentencing system, or the sheriff or facility
administrator shall be paid directly for the services by the
offender when ordered to pay for the confinement as part 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 Okla homa
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.
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Passed the Senate the 12th 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