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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 2005 By: Deevers
AS INTRODUCED
An Act relating to restitution; amending 22 O.S.
2021, Sections 991a, as a mended by Section 4, Chapter
310, O.S.L. 2023, 991b, and 991f (22 O.S. Supp. 2023,
Section 991a), which relate to sentencing powers of
court, technical violations of suspended sentence,
and restitution; requiring court to prior itize order
for restitution to victims t o the extent feasible;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE 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. 2023,
Section 991a), is amended to read as follows:
Section 991a. A. Except as otherwise provided in the Elder ly
and Incapacitated Victim ’s Protection Program, when a defendant is
convicted of a crime and no death sentence is imposed, the court
shall either:
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:
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a. to provide restitution to the victim as provided by
Section 991f et seq. of this title or according to a
schedule of payments established by the sentencing
court, together with in terest upon any pecuniary sum
at the rate of twelve percent (12%) per annum, if the
defendant agrees to pay such res titution or, in the
opinion of the court, if the defendant is able to pay
such restitution without imposing manifest hardship on
the defendant or the immediate family and if the
extent of the damage to the victim is determinable
with reasonable certainty . The court shall prior itize
an order for payments of restitution to t he victim to
the extent feasible,
b. to reimburse any state agency for amounts paid by the
state agency for hospital and medical expenses
incurred by the victim or victims, as a result of the
criminal act for which such person was convicted,
which reimbursement shal l be made directly to the
state agency, with interest accruing thereon at the
rate of twelve percent (12%) per annum,
c. to engage in a term of community service without
compensation, according to a schedule consistent with
the employment and fam ily responsibilities of the
person convicted,
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d. to pay a reasonable su m into any trust fund
established pursuant to the provisions of Se ctions 176
through 180.4 of Title 60 of the Oklaho ma Statutes and
which provides restitution payments by convicted
defendants to victims of crimes committed within this
state wherein such victim has incurred a financial
loss,
e. to confinement in the county jail for a period not to
exceed six (6) months,
f. to confinement as provided by law together with a term
of post-imprisonment community supervision for not
less than three (3) years of th e total term allowed by
law for imprisonment, with or without rest itution;
provided, however, the authority of this provision is
limited to Section 843.5 of Title 21 of the Oklahoma
Statutes when the offense involved sexual abuse or
sexual exploitation; Sections 681, 741 and 843.1 of
Title 21 of the Okla homa Statutes when the offense
involved sexual abuse or sexual expl oitation; and
Sections 865 et seq., 885, 886, 888, 891, 1021,
1021.2, 1021.3, 1040.13a, 1087, 1088, 1 111.1, 1115 and
1123 of Title 21 of the Oklahoma Statutes,
g. to repay the reward or part of the reward p aid by a
local certified crime stoppers program an d the
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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 paymen t and the
importance of the information to the prosecution of
the defendant as provided by the arrest ing officer or
the district attorney wi th due regard for the
confidentiality of the records of the local certified
crime stoppers program and the Oklahoma Reward System.
The court shall assess this repayment against the
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 Okl ahoma Crime
Stoppers Association to the extent those standards do
not conflict with state statutes. The term “court”
refers to all municipa l and district courts withi n
this state. The “Oklahoma Reward System” means the
reward program established by Secti on 150.18 of Title
74 of the Oklahoma Statutes,
h. to reimburse the Oklahoma St ate Bureau of
Investigation for costs incurred by that agency during
its investigation of the crime for which the defendant
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pleaded guilty, nolo contendere or was convicted
including compensation for laboratory, technical or
investigation service s performed by the Bureau if, in
the opinion of the court, the defendan t is able to pay
without imposing manifest hardship on the defenda nt,
and if the costs incurred by the Bureau during the
investigation of the defendant ’s case may be
determined with reasonable ce rtainty,
i. to reimburse the Oklahoma State Bureau of
Investigation and any authorized law enforcement
agency for all costs incurred by that agency for
cleaning up an illegal dr ug laboratory site for which
the defendant pleaded guilty, nolo conte ndere 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 Bureau of Investig ation to be
deposited in the OSBI Revolving Fund established by
Section 150.19a of Tit le 74 of the Oklahoma St atutes
or to the general fund wherein the other law
enforcement agency is located,
j. to pay a reasonable sum to the Crime Victims
Compensation Board, created by Sectio n 142.2 et seq.
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of Title 21 of the Okla homa Statutes, for the b enefit
of crime victims,
k. to reimburse the court fund for amounts paid to court -
appointed attorneys for representing the defendant in
the case in which the person is bei ng 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 Section 3 -460 of Title 43A of the
Oklahoma Statutes and, as determined by the
assessment, participate in an alcohol and drug
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 imp act panel program, as
defined in subsection H of this section, or
victim/offender reconciliation program and p ayment of
a fee to the program of Seventy -five Dollars ($75.00)
as set by the governing authority of the program to
offset the cost of p articipation by the defendant .
Provided, each victim/offender reconcil iation program
shall be required to obtain a written consent form
voluntarily signed by the victim and defendant tha t
specifies the methods to be used to resolve the
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issues, the obligations and r ights of each person and
the confidentiality of the proceedings. Volunteer
mediators and employees of a victi m/offender
reconciliation program shall be immune from liability
and have rights of confidentiality as provided in
Section 1805 of Title 12 of the Oklahoma Statutes,
n. to install, at the expense of the defe ndant, an
ignition interlock device approved by the Board of
Tests for Alcohol and Drug Influence. The device
shall be installed upon every motor vehicle operated
by the defendant, and the court shall require that a
notation of this restriction be affixed to the
defendant’s driver license. The restrict ion shall
remain on the driver license not exceeding two (2)
years to be determined by the court. The restriction
may be modified or re moved only by order of the c ourt
and notice of any modification order s hall be given to
Service Oklahoma. Upon the expiration of the per iod
for the restriction, Service Oklahoma shall re move the
restriction without further court order. Failure to
comply with the order to install an ignition interlock
device or operating any vehicle without a device
during the period of re striction shall be a violation
of the sentence and may be punished as deemed proper
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by the sentencing court. As used in this paragraph,
“ignition interlock device ” means a device that,
without tampering or intervention by another person,
would prevent the defendant from o perating a motor
vehicle if the defendant has a bl ood or breath alcohol
concentration of two -hundredths (0.02) or greater,
o. to be confined by electronic monitoring administered
and supervised by the Department of Corrections or a
community sentence provider, and payment of a
monitoring fee to the superv ising authority, not to
exceed Three Hundred Dollars ($300.00) per mo nth. 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 be punished as de emed 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 electronic device
approved by the Department of C orrections which is
designed to detect if the defendant is in the court -
ordered location at the required times and which
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records violations for investigation 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 disorders which may contribu te to
criminal conduct including but not limited to alcohol
and substance abuse, mental h ealth, emotional health,
physical health, propensity for violence, an tisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, educa tion or any other
identifiable deficiency which may be treated
appropriately in the community and for which a
certified provider or a program recognized by the
court as having significant p ositive impact exists in
the community. Any treatment, education o r
rehabilitation provider required to be certified
pursuant to law or rule shall be certified b y the
appropriate state agency or a national organization,
q. to submit to periodic testing for alcohol,
intoxicating substance or controlled dangerous
substances by a qualified laboratory,
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r. to pay a fee or costs for treatment, 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 Corrections
employee, a private supervision provid er or other
person designated by the court,
t. to obtain positive behav ior modeling by a trained
mentor,
u. to serve a term of confinemen t in a restrictive
housing facility available in t he community,
v. to serve a term of confinement in the county jail 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 manda tory day reporting to
facilities or persons for services, payments, d uties
or person-to-person contacts as specified by the
court,
y. to pay day fines not to exceed fifty percent (50%) of
the net wages earned. For purposes of this paragraph,
“day fine” means the offender is ordered to pay an
amount calculated as a percentage of net daily wages
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earned. The day fine shall be paid to the local
community sentencing system as reparation to the
community. Day fines shall be used to support the
local system,
z. to submit to blood or saliva 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 suffi cient skill to repair or
restore the property and the victim consents to the
repairing or restoring of the property,
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 offende r is
deemed appropriate for participati on,
dd. in the case of a person convicted of prostitution
pursuant to Section 1029 of Title 21 of the Oklahom a
Statutes, require such person to receive counseling
for the behavior which may have caused such person to
engage in prostitution activities. Such person may be
required to receive counseling in areas including but
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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 s entenced after November
1, 1989, and required by law to register pursuant to
the Sex Offender Registratio n Act, the court shall
require the person to comply with sex offender
specific rules and conditions of supervision
established by the Department of Corrections and
require the person to participate 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 des igned for use
with sex offenders for purposes of supervision and
treatment compliance, and shall be administ ered not
less than each six (6) months during the period of
supervision. The examinati on shall be administered by
a certified licensed polygraph examiner. The
treatment program must be approved b y the Department
of Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at
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the expense of the defendant based on the d efendant’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 Oklahoma Statutes whi ch
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 an y false or
bogus check violation, as de fined in Section 1541.4 of
Title 21 of the Oklahoma Statutes, impo se 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
($25.00) for each check upon f iling of the case in
district court. This money shall be deposited in the
Bogus Check Restitution Program Fund as established in
subsection B of Sect ion 114 of this title.
Additionally, the court may require the of fender to
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pay restitution and bogus chec k fees on any other
bogus check or checks that have been submitted to the
Bogus Check Restitution Program, and
hh. any other provision specifically ordered by the court.
However, any such order for r estitution, community service,
payment to a local certi fied crime stoppers program, payment to the
Oklahoma Reward System or confinement in the county jail, or a
combination thereof, shall be made in conjunc tion with probation and
shall be made a condition of the suspended sentence.
However, unless under the supervision o f the district attorney,
the offender shall be required to pay Forty Dollars ($ 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 of fender and for the additional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The d istrict attorney may waive
any part of this requirement in the bes t interests of justice. The
court shall not waive , suspend, defer or dismiss the costs of
prosecution in its entirety. 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
reduction to the fine, cost s and costs of prosecution owed by the
offender;
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2. Impose a fine pr escribed by law for the offense, with or
without probation or commitmen t and with or without restitution or
service as provided for in th is section, Section 991a-4.1 of this
title or Section 227 of Title 57 of the Oklahoma Statutes;
3. Commit such person for confin ement provided for by law with
or without restitution as provided for in this section;
4. Order the defendant to reimburse the Oklahom a State Bureau
of Investigation for costs incurred by that agency during its
investigation of the crime for whi ch the defendant pleaded guilty,
nolo contendere or was convicted inclu ding compensation for
laboratory, technical or investigation servi ces performed by the
Bureau if, in the opinion of the court, the defendant is able to pay
without imposing manifest hardship on t he 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 re imburse the Oklahoma State Bureau
of Investigation for all costs incu rred by that agency for cleaning
up an illegal drug laboratory site for which the defendant pleaded
guilty, nolo contendere or was convic ted. 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 Bureau of Investigation to be depo sited in the OSBI Revolving
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Fund established by Section 150.19a of Title 74 of the Oklahoma
Statutes;
6. In the case of nonviolent felony offen ses, sentence such
person to the Commun ity Service Sentencing Program;
7. In addition to the other sente ncing powers of the court, in
the case of a person convicted of operating or being in control of a
motor vehicle while the person was under the influence of alcohol,
other intoxicating substance 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, req uire such person:
a. to participate in an alcohol and drug assessment and
evaluation by an assessment age ncy or assessment
personnel certified by the Depar tment 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 Se ctions 3-452 and 3-453
of Title 43A of the Oklahoma Statutes,
b. to attend a victims impact panel pro gram, as defined
in subsection H of thi s section, and to pay a fee of
Seventy-five Dollars ($75.00) as se t by the governing
authority of the program and ap proved by the court, to
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the program to offset the cost of participation 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 progr am, pursuant to
subparagraph a of this paragraph and attend a victims
impact panel program, pursuant to subparagraph b of
this paragraph,
d. to install, at the expense of the person, an ignition
interlock device approved by the Board of Tests for
Alcohol and Drug Influence, upon every motor vehicle
operated by such person and to requ ire 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 licens e 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 sh all be given to
Service Oklahoma. Upon the expiration of the peri od
for the restriction, Service Oklahoma shall rem ove the
restriction without further court order. Failure to
comply with the order to install an ignition interlock
device or operating any vehi cle without such device
during the period of restriction shall be a violation
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of the sentence and may be punishe d as deemed proper
by the sentencing court, or
e. beginning January 1, 1993, to submit to electronica lly
monitored home detention administer ed and supervised
by the Department of Corrections, and to pay to the
Department a monitoring fee, not to exceed Sev enty-
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 f ee. Any fees
collected pursuant to this subp aragraph shall be
deposited in the Department of Corrections Revolv ing
Fund. Any order by the court for the payment of the
monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of court;
8. In addition to the other sentencing powers of the cour t, in
the case of a person convicted of prostitutio n pursuant to Section
1029 of Title 21 of the Oklahoma Statutes, require such p erson to
receive counseling for the behavior which may have cause d 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, sexual beha vior problems or domestic
abuse or child abuse problems;
9. In addition to the other sentencing powers of the court, in
the case of a person convicted of any crime related to domestic
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abuse, as defined in Section 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 victim. The defendant may be require d to
pay all or part of the cost of the treatment or counseling servi ces;
10. In addition to the oth er sentencing powers of the court,
the court, in the case of a sex offender sentenced after November 1,
1989, and required by law to register pursuant to t he Sex Offenders
Registration Act, shall require the defendant to participate i n a
treatment program designed specifically for th e treatment of sex
offenders, if available. The treatment p rogram will include
polygraph examinations specifically designed fo r use with sex
offenders for the purpose of supervision and treatment 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 Departmen t of Mental Health and
Substance Abuse Services. Such treatment shall be at th e 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 convict ed 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
participate in counseling services. The defendant m ay be required
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to pay all or part of the cost of t he treatment or counseling
services;
12. In addition to the other sentencing p owers 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 Statutes, may
require the person to p ay restitution to animal facilities for
medical care and any boarding costs of victimized animals;
13. In addition to the oth er sentencing powers of the court, a
sex offender who is habitual or aggravated as defined by Section 584
of Title 57 of the Oklah oma Statutes and who is required 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 assigned to a
global position monito ring device by the Department of Corrections
for the duration of the registration period. The cost o f such
monitoring device shall be reimbursed by the offender;
14. In addition to the other sentencing po wers of the court, in
the case of a sex offender w ho is required by law to register
pursuant to the Sex Offenders Registration Ac t, the court may
prohibit the person from acce ssing or using any Internet social
networking website that has t he potential or likelihood of allowing
the sex offender to have con tact with any child who is under the age
of eighteen (18) years;
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15. In addition to the other senten cing powers of the cour t, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration Act, the court shall
require the person to register 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 Internet or used for other purposes of soc ial
networking or other similar Internet communication; or
16. In addition to the other sentencing p owers of the court,
and pursuant to the terms and conditions of a written plea
agreement, the court may p rohibit the defendant from entering,
visiting or residing within the judicial 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 programs for which the
defendant is required to participate as a condition of probation.
When seeking to enter the prohibited judicial distric t for personal
business not related to his or her criminal case, the defendant
shall be required to obtai n approval by the court.
B. Notwithstanding any o ther provision of law, any person who
is found guilty of a violation of any pro vision of Section 761 or
11-902 of Title 47 of the Oklahoma Statu tes or any person pleading
guilty or nolo contendere for a violation of any provision 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 a ssessment agency
or assessment personnel certified by the Department of Mental Health
and Substance Abuse Services for the purpose of evaluating the
receptivity to treatment and prognosis of the person. The court
shall order the pers on 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 eva luation
shall be conducted at a certified assessment agency, the offi ce 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 writ ten report to the court
for the purpose of assisting the court in its final sen tencing
determination. No person, agency o r facility operating a n 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 pursuant to this subsection
for any treatment program or alcoh ol and drug substance abuse
service in which such person, agency or facility has a v ested
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 dr ug
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 written evaluation report
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pursuant to this subsection, the r eport shall be furnished to the
Department of Corrections with the judgment and sent ence. Any
evaluation report submitted to the cour t pursuant to this subsection
shall be handled in a manner which 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 c ourt 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 of restitution for the victim, as
well as imposition of a fine or incarceration of the offender. The
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 conviction of a felony or, beginning Jan uary 1, 1993,
to defendants being sentenced for their second or subse quent felony
conviction for violation of Section 11-902 of Title 47 of the
Oklahoma Statutes, except as otherwise provided in this subsec tion.
In the case of a person being sentenced for his or her second or
subsequent felony conviction for violation 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 per son to submit to electronically
monitored home detention administered and supervised by the
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Department of Corrections pur suant to subparagraph e of paragraph 7
of subsection A of this section. Provided, th e court may waive
these prohibitions upon written application of the district
attorney. Both the application and the waiver shal l 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 statements if submitted to the
jury, or the judge in the event a jury is waived.
E. Probation, for purposes o f subsection A of this section, is
a procedure by which a defendant fou nd 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 conditions imposed by the court
and subject to supervision by the Department of Corrections, a
private supervision provider or other person designated by the
court. Such supervision shall be initiated upon an order of
probation from the court, and shall not exceed two (2) years, unless
a petition alleging a violation of any condition of deferred
judgment or seeking revocatio n of the suspended sentence is filed
during the supervision, or as otherwise provided by law. In the
case of a person convicted of a sex offense, supervision shall begin
immediately upon release from incarceration or if parole is gran ted
and shall not be limited to two (2) years. Provided further, any
supervision provided for in this section may be extended for a
period not to exceed the expiration of the maximum term or terms of
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the sentence upon a determination by the court or the Division 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 supervision.
F. The Department of Corrections, or such o ther agency as the
court may designate, shall be responsible for the monitoring and
administration of the rest itution and service programs provided for
by subparagraphs a, c and d of paragraph 1 of subsection A of this
section, and shall ensure t hat restitution payments are for warded to
the victim and that service a ssignments are properly performed.
G. 1. The Department of Corre ctions is hereby authorized,
subject to funds avai lable through appropriation by the Legislature,
to contract with counties for t he administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Program pursuant
to this section shall be eligible to particip ate in a county
Program; provided, participation in county -funded Programs shall not
be limited to offenders who would otherwise be sentence d to
confinement with the Department of Corrections.
3. The Department shall establis h criteria and specifications
for contracts with counties for such Programs. A county may apply
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 contract ing county complies in full wi th
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specifications and requirements of the contract. The contract sha ll
set appropriate compensation to the county for services to the
Department.
4. The Department is hereby authorized to provide technica l
assistance to any county in establishing a Progr am, regardless of
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall include appropriate
staffing, development of community resources, sponso rship,
supervision and any other req uirements.
5. The Department s hall annually make a report to the Governor,
the President Pro Tempor e of the Senate and the Speaker of the House
on the number of such Prog rams, the number of participating
offenders, the success rates of each Program according to criteria
established by the Department and the costs 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 operatin g 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 location or
locations with monitoring by means of a device approved by t he
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Department of Corrections 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 impact panel program. The
program shall include live presentations from pres enters who will
share personal stories with participants about how alcohol, drug
abuse, the operation of a motor vehicle while using an electronic
communication device or the illegal conduct of others has personally
impacted the lives of the presenters. A victims impact panel
program shall be attended by persons who have committed the offens e
of driving, operating or bein g in actual physical control of a mo tor
vehicle while under the influence of alcohol or other intoxicatin g
substance, operating a motor v ehicle while the ability of the person
to operate such vehicle was impaired due to the consumption of
alcohol or any other substance or operating a motor v ehicle while
using an electronic device or by persons who have been convicted o f
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 program
shall be required to pay a fee of Seve nty-five Dollars ($75.00) to
the provider of the program. A certificat e of completion shall be
issued to the person upon satisfying the attendance and fee
requirements of the victims imp act panel program. The certificate
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of completion shall contain the business id entification number of
the program provider. A certified asse ssment agency, certified
assessor or provider of an alcohol and drug substance abuse course
shall be prohibited fro m providing a victims impact panel program
and shall further be prohi bited from having any proprietar y or
pecuniary interest in a victims im pact panel program. The provider
of the victims impact panel prog ram shall carry general liability
insurance and maintain an accurate accounting of all business
transactions and funds received i n relation to the victims impact
panel program. Beginning Oct ober 1, 2020, and each October 1
thereafter, the provider of the victims impact panel program shall
provide to the District Attorneys Council the following:
a. proof of registration wi th the Oklahoma Secretary of
State,
b. proof of general liability insur ance,
c. end-of-year financial statements prepared by a
certified public accountant,
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 d eposited
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 for th in this paragraph.
I. A person convicted of a felony offense o r receiving any form
of probation for an offense i n which registration is required
pursuant to the Sex Offenders Registration Act , shall submit to
deoxyribonucleic acid (DNA) testing for law enforcement
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 t he OSBI Combined DNA
Index System (CODIS) Database. Subject to the ava ilability of
funds, any person convicted of a misdemeanor offense of assault and
battery, domestic abuse, stalking, possession of a controlled
substance prohibited under the Uniform Controlled Da ngerous
Substances Act, outraging public decency, resisting ar rest, escape
or attempting to escape, eluding a police officer, Peeping Tom,
pointing a firearm, threatening an act of violence, breaking and
entering a dwelling place, destruction of property, negligent
homicide or causing a personal injury accident whil e driving under
the influence of any intoxicating substance, or an y alien unlawfully
present under federal immigrati on law, upon arrest, shall submit to
DNA testing for law enforcement identifica tion purposes in
accordance with Section 150.27 of Title 74 of the Oklahoma Statutes
and the rules promulgated by the Oklahoma State Bureau of
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Investigation for the OSBI Combine d DNA Index System (CODIS)
Database. Any defendant sentenced to prob ation shall be required t o
submit to testing within thirty (30) days of sentencing either to
the Department of Corrections or to the coun ty sheriff or other
peace officer as directed by t he court. Defendants who are
sentenced to a term of incarceration shall submit to testing in
accordance with Section 530.1 of Title 57 of th e Oklahoma Statutes,
for those defendants who en ter the custody of the Department of
Corrections or to the county s heriff, for those defendants sentenced
to incarceration in a county j ail. Convicted individua ls who have
previously submitted to DNA testin g under 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 required by the Sex
Offenders Registration Act, a deferred 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 been re leased
before January 1, 2006, shall provide a blood or saliva sample p rior
to release. Every person subject to DNA testing after Januar y 1,
2006, whose sentence does not include a term of confinement with the
Department of Corrections shall submit a blood or saliv a sample.
Every person subject to DNA testing who is sentence d 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 sheriff
of the sentencing county.
J. Samples of blood or saliva for D NA testing required by
subsection I of this sect ion shall be taken by employees or
contractors of the Department o f Corrections, peace officers, or the
county sheriff or employees or contractors of the sheriff ’s office.
The individuals shall be properly trained 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. All 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 subject
appears for testing or within ten (10) days of the date the s ubject
comes into physical custody to serve a term of incarceration. 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 Ass essment and
Reception Center shall be required to pay a fee of Fiftee n Dollars
($15.00) to the agency collecting the sample for submission t o the
OSBI Combined DNA Index System (CODIS) Database. Any fees c ollected
pursuant to this subsection shall be depo sited in the revolving
account or the service fee account of the collection age ncy or
department.
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K. When sentencing a person who has been convicted of a crime
that would subject that pers on to the provisions of the Sex
Offenders Registration Act, neither the court nor the district
attorney shall be allowed to waive or exe mpt such person from t he
registration requirements of the Sex Offenders Registration Act.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 991b, is
amended to read as follows:
Section 991b. A. Whenever a sentence has been suspended by the
court after conviction of a person for any crime, the suspended
sentence of the person may not be revoked, in whole or part, for any
cause unless a petition setting forth the ground s for such
revocation is filed by the district attorney with the clerk of the
sentencing court and competent evidence justi fying the revocation of
the suspended sentence is present ed to the court at a heari ng to be
held for that purpose within twenty (20) days after the entry of t he
plea of not guilty to the petition, unless waived b y both the state
and the defendant. The State of Oklahoma may dismiss the petition
without prejudice one time upon good cause shown to the court,
provided that any successor pe tition must be filed within forty -five
(45) days of the date of the dismissal of the petiti on.
B. Whenever a sentence has been suspended by the court after
conviction of a person for any crime, the suspend ed sentence of the
person may not be revoked in wh ole for a technical violation unless
a petition setting forth the grounds for s uch revocation is filed by
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the district attorney with the clerk of the sentencing court and
competent evidence justifying the revocation of the suspended
sentence is presented t o the court at a hearing to be held for that
purpose within twenty (20) days after the entr y of the plea of not
guilty to the petition, unless waived by both the state and the
defendant. The State of Oklah oma may dismiss the petition without
prejudice one time upon good cause shown to the court; provided,
that any successor petition must be filed within forty -five (45)
days of the date of the dismissal of the petition. Any revocation
of a suspended sentence based on a technical violation shall not
exceed six (6) months for a first revocation and five (5) years for
a second or subsequent revocat ion.
C. “Technical violation” as used in this section means a
violation of the court -imposed rules and conditions of probation,
other than:
1. Committing or being arrested for a new crime;
2. Attempting to falsify a drug screen, or three or more failed
drug or alcohol screens within a three -month period;
3. Failing to pay restitution;
4. Tampering with an electronic monitoring device;
5. Failing to initially rep ort or missing assigned reporting
requirements for an excess of sixty (60) days;
6. Unlawfully contacting a victim, code fendant or criminal
associates;
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7. Five or more separate a nd distinct technical viol ations
within a ninety-day period; or
8. Any violation of the Specialized Sex Offender Rules.
D. 1. The Department of Correcti ons shall develop a matrix of
technical violations and sanctions to address violations committed
by persons who are being supervised by the Department. The
Department shall be authorized to use a violation response and
intermediate sanction process based on the sanct ion matrix to apply
to any technical violations of probationers. Within four (4)
working days of the discovery of the violation, the probation
officer shall initiat e the violation response and intermediate
sanction process. The sentencing jud ge may authorize any
recommended sanctions, which may include, but are not limited to:
short-term jail or lockup, day treatment, program attendance,
community service, outpatie nt or inpatient treatment, monetary
fines, curfews, ignition interlock devices on vehicles, or a one-
time referral to a t erm of confinement of six (6) months in an
intermediate revocation facility operated by the Department of
Corrections; provided, upon a pproval of the district attorney, a
person may be sanctioned to serve additiona l terms of confinement in
an intermediate revocation facility. The probation officer shall
complete a sanction form, which shall specify the technical
violation, sanction, and the action plan to correct the noncompliant
behavior resulting in the technical violation. The probation
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officer shall refer to the sanctioning matrix to determine the
supervision, treatment, and sanctions appropriate to address the
noncompliant behavior. The probation officer shall refer the
violation information and recommended r esponse with a sanction plan
to the Department of Corrections to be heard by a hearing officer.
The Department of Corrections shall develop a sanction matrix,
forms, policies and procedures necessary to implement this
provision. The Department of Corrections shall e stablish procedures
to hear responses to technical violations and review sanction plans
including the following:
a. hearing officers shall report through a chain of
command separate from that of the supervising
probation officers,
b. the Department shall provide the offender written
notice of the violation, the evidence relied upon, and
the reason the sanction was imposed,
c. the hearing shall be held unless the offen der waives
the right to the hearing,
d. hearings shall be electronically recorded, and
e. the Department shall provide to judges and district
attorneys a record of all violations a nd actions taken
pursuant to this subsection.
2. The hearing officer shall determine based on a preponderance
of the evidence whether a technical violatio n occurred. Upon a
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finding that a technical violation occurred, the hearing officer may
order the offender to participate in the recommended sanction plan
or may modify the pla n. Offenders who accept the sanction plan
shall sign a violation response sanction form, a nd the hearing
officer shall then impose the sanction. Failure of the offender to
comply with the imposed sanction plan shall constitute a violation
of the rules and conditions of supervision that may result in a
revocation proceeding. If an offender does not voluntarily accept
the recommended sanction plan, the Department shall either impose
the sanction and allow the offender to appeal to the district court,
or request a revocation proceeding as provided by law. Every
administrative hearing and sanctio n imposed by the Department sh all
be appealable to the district court.
3. Absent a finding of willful nonpayment b y the offender, the
failure of an offender to pay fines and costs may not serve as a
basis for revocation, excluding restitution.
E. 1. Where one of the grounds for revocation is the failure
of the defendant to make restitution as ordered, the Department of
Corrections shall forward to the district atto rney all information
pertaining to the failure of the defendant to make timely
restitution as ordered by the court, and t he district attorney shall
file a petition setting forth th e grounds for revocation.
2. The defendant ordered to make restitution can petition the
court at any time for remission or a change in the terms of the
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order of restitution if the defendant undergoes a change of
condition which materially affects the ability of the defendant to
comply with the order of the court.
3. At the hearing, if one of the grounds for the petition for
revocation is the failure of the defendant t o make timely
restitution as ordered by the court, the court will hear evidence
and if it appears to the satisfacti on of the court from such
evidence that the terms of the order of restitution create a
manifest hardship on the defendant or the immediate family of the
defendant, the court may cancel all or any part of the amount still
due, or modify the terms or method of payment ; provided, however,
the court shall continue to prioritize an order for payments of
restitution to the victim to the exten t feasible. Provided, if the
court determines that a reduction in the restitution still due is
warranted, the court shall equally apply the same percentage
reduction to any court-ordered monetary obligation owed by the
defendant including, but not lim ited to, fines, court costs and
costs of incarceration.
F. The court may revoke a portion of the sentence and leave the
remaining part not revoked, but suspended for the remain der of the
term of the sentence, and under the provisions applying to it. The
person whose suspended sentence is being c onsidered for revocation
at the hearing shall have the right to be represented by cou nsel, to
present competent evidence in his or her own behalf and to be
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confronted by the witnesses against the defendant. Any or der of the
court revoking the suspended sentence, in whole or in part, shall be
subject to review on appeal, as in other appeals of criminal cases.
Provided, however, that if t he crime for which the suspended
sentence is given was a felony, the defendant may be allowed ba il
pending appeal. If th e reason for revocation be that the defendant
committed a felony, the defendant shall not be allowed bail pending
appeal.
G. Notwithstanding the provisions of subsections A and B of
this section, when the suspende d sentence of a person is being
considered for revocation for an offense where the penalty has
subsequently been lowered to a misdemeanor, the sentence shall be
modified to a term that does not exceed the current maximum
sentence.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 991f, is
amended to read as follows:
Section 991f. A. For the purposes of any pr ovision of Title 22
of the Oklahoma Statutes relat ing to criminal sentencing and
restitution orders and for the Restitution and D iversion Program:
1. “Restitution” means the sum to be paid by the defendant to
the victim of the criminal act to compensate that victim for up to
three times the amount of the economic loss suffered as a direct
result of the criminal act of the defendant;
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2. “Victim” means any person, partnership, corporation or legal
entity that suffers an economic loss as a direct result of t he
criminal act of another person; and
3. “Economic loss” means actual financial detriment suffered by
the victim consisting of medical expenses actually incurred, dama ge
to or loss of real and personal property and any other out -of-pocket
expenses, including loss of earnings, reasonably incurred as the
direct result of the cr iminal act of the defendant. No other
elements of damage shall be included as an economic loss for
purposes of this sect ion.
B. In all criminal prosecutions and juvenile proceedings in
this state, when the court shall prioritize an order for payments of
restitution to the victim to the exten t feasible. When the court
enters an order directing the offender to pay restitution to any
victim for economic loss or to pay to the state any fines, fees or
assessments, the order, for purpose s of validity and collection,
shall not be limited to the maximum term of imprisonment for which
the offender could have been sente nced, nor limited to any term of
probation, parole, or extension thereof, nor expire until fully
satisfied. The court order for restitution, fines, fees or
assessments shall remain a continuing obligatio n of the offender
until fully satisfied, and the obligation shall not be considered a
debt, nor shall the obligation be dischargeable in any bankruptcy
proceeding. The court or der shall continue in full force and effect
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with the supervision of the state until fully satisfied, and the
state shall use all me thods of collection authorized by law.
C. 1. Upon conviction for any crime wherein property has been
stolen, converted or otherwise unlawfully obtained, or its value
substantially decreased as a direct result of the crime, or wherein
the crime victim suffered injury, loss of income, or out -of-pocket
loss, the individuals criminally responsible shall be sentenced to
make restitution. Restitution may be ordered in addition to the
punishments prescribed by law.
2. The court shall order full restitution bas ed upon the
following considerations:
a. the nature and amount of restitution shall be
sufficient to restore the c rime victim to the
equivalent economic status existing prior to the
losses sustained as a direct result of the crime, and
may allow the crime victim to receive payment in
excess of the losses sustained; provided, the excess
amount of restitution shall not be more tha n treble
the actual economic loss incurred, and
b. the amount of restitution shall be established
regardless of the financial resou rces of the offender.
3. The court:
a. may direct the return of property to be made as soon
as practicable and ma ke an award of restitution in the
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amount of the loss of value to the property itself as
a direct result of the crime, including out -of-pocket
expenses and loss of earnings incurred as a result of
damage to or loss of use of the property, the cost to
return the property to the victim or to restore the
property to its pre-crime condition whichever may be
appropriate under the circumstances,
b. may order restitution in a lump sum or by such
schedules as may be established and thereafter
adjusted by agreement c onsistent with the order of the
court,
c. shall have the authority to amend or alter any o rder
of restitution made pursuant to this section providing
that the court shall state its reasons and conclusions
as a matter of record for any change or amendment to
any previous order,
d. may order interest upon any ordered restitution sum to
accrue at the rate of twelve percent (12%) per annum
until the restitution is paid in full. The court may
further order such interest to be paid to the victims
of the crime or proportion the interest payment
between the victims and the court fund, and/or the
Restitution and Diversion Program, in the discretion
of the court, and
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e. shall consider any pre -existing orders imposed on the
defendant, including, but not limited to, orders
imposed under civil and criminal proceedings.
D. If restitution to more than one person, agency or entity is
set at the same time, the c ourt shall establish the following
priorities of payment:
1. The crime victim or victims; and
2. Any other government agency which has provided reimbursement
to the victim as a result of the offender ’s criminal conduct.
E. 1. The district attorney ’s office shall present the crime
victim’s restitution claim to the court at the time of the
conviction of the offender or the res titution provisions shall be
included in the written plea agreement presented to the court, in
which case, the restitution claim sh all be reviewed by the judge
prior to acceptance of the plea agreement.
2. At the initiation of the prosecution o f the defendant, the
district attorney’s office shall provide all identifiable crime
victims with written and oral information explaining their rights
and responsibilities to receive restitution established under this
section.
3. The district attorney ’s office shall provide all crime
victims, regardless of whether the crime victim makes a specific
request, with an official request for restituti on form to be
completed and signed by the crime victim, and to include all
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invoices, bills, receipts, and other ev idence of injury, loss of
earnings and out-of-pocket loss. This form shall be filed with any
victim impact statement to be included in the judgment and sentence.
Every crime victim receiving the restitution claim form shall be
provided assistance and direction to properly complete the form.
4. The official restitution request form shall be presented in
all cases regardless of whether the case is brought to trial. In a
plea bargain, the district attorney in every case where the victim
has suffered economic loss, shall, as a part of the plea bargain,
require that the offender pay restitution t o the crime victim. The
district attorney shall be authorized to act as a clearing house for
collection and disbursement of restitution payments made pursuant to
this section, and shall assess a fee of One Dollar ($1.00) per
payment received from the defendant, except when the defendant is
sentenced to incarceration in the Department of Corrections.
F. The crime victim shall provide all documentation and
evidence of compensation or reimbursement from insurance companies
or agencies of this state, any othe r state, or the federal
government received as a direct result of the crime for injury, loss
of earnings or out-of-pocket loss.
G. The court shall, upon motion by the crime victim, redact
from the submitted documentation all personal information relating
to the crime victim that does not directly and neces sarily establish
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the authenticity of any document or substantiate the asserted amount
of the restitution claim.
H. The unexcused failure or refusal of the crime victim to
provide all or part of the requi site information prior to the
sentencing, unless disclosure is deferred by the court, shall
constitute a waiver of any grounds to appeal or seek future
amendment or alteration of the restitution order predicated on the
undisclosed available information. The court shall order the
offender to submit either a s part of the pre-sentence investigation
or assessment and evaluation required for a community sentence or,
if no pre-sentence investigation is conducted, in advance of the
sentencing proceeding such info rmation as the court may direct and
finds necessary to be disclosed for the purpose of ascertaining the
type and manner of restitution to be ordered.
I. The willful failure or refusal of the offender to provide
all or part of the requisite information prior to the sentencing,
unless disclosure is deferred by the court shall not deprive the
court of the authority to set restitution or set the schedule of
payment. The willful failure or refusal of the offender to provide
all or part of the requisite informa tion prior to the sentencing,
unless disclosure is deferred by the court, shall constitute a
waiver of any grounds to appeal or seek future amendment or
alteration of the restitution order predicated on the undisclosed
information. The willful failure or refusal of the offender to
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provide all or part of th e requisite information prior to
sentencing, unless disclosure is deferred by the court, shall
constitute an act of contempt.
J. The court shall conduct such hearings or proceedings as it
deems necessary to set restitution and payment schedules at the time
of sentencing or may bifurcate the sentencing and defer the hearing
or proceedings relating to the imposition of restitution as justice
may require. Amendments or alterations to the restitution order may
be made upon the court ’s own motion, petition by the crime victim or
petition by the offender.
K. An offender who files a meritless or frivolous petition for
amendment or alteration to the restitution order shall pay the costs
of the proceeding on the petition and shall have added to the
existing restitution order the additional loss of earnings and out -
of-pocket loss incurred by the crime victim in responding to the
petition.
L. The restitution request form shall be promulgated by the
District Attorneys Council and provided to all district attorney
offices.
M. If a defendant who is financially able refuses or neglects
to pay restitution as ordered by this section , payment may be
enforced:
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1. By contempt of court as provided in subsection A of Section
566 of Title 21 of the Oklahoma Statutes with imprisonment or fine
or both;
2. In the same manner as prescribed in subsection N of this
section for a defendant who is without means to make such
restitution payment; or
3. Revocation of the criminal sentence if the sentence impose d
was a suspended or defer red sentence or a community sentence.
N. If the defendant is without means to pay the restitution,
the judge may direct the total amount due, or any portion thereof,
to be entered upon the court minutes and to be certified in the
district court of the county where it shall then be entered upon the
district court judgment docket and shall have the full force and
effect of a district court judgment in a civil case. Thereupon the
same remedies shall be available for the enforcement of the judgment
as are available to enforce other judgments; provided, however, the
judgment herein prescribed shall not be considered a deb t nor
dischargeable in any bankruptcy proceeding.
O. Whenever a person has been ordered t o pay restitution as
provided in this section or any section of the Oklahoma Statutes for
a criminal penalty, the judge may order the defendant to a term of
community service, w ith or without compensation, to be credited at a
rate of Five Dollars ($5.00) per day against the total a mount due
for restitution. If the defendant fails to perform the required
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community service authorized by this subsection or if the conditi ons
of community service are violated, the judge may impose a term of
imprisonment not to exceed five (5) days in the county jail for each
failure to comply.
P. Nothing in subsections M through O of this section shall be
construed to be additions to the original cri minal penalty, but
shall be used by the court as sanctions and means of collection for
criminal restitution orders and restitution orders that have been
reduced to judgment.
SECTION 4. This act shall become effective November 1, 2024.
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