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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2376 By: Hill
AS INTRODUCED
An Act relating to criminal procedure; amending
Section 1, Chapter 248, O.S.L. 2023 (22 O.S. Supp.
2024, Section 991a-4.2), which relates t o early
evaluation hearings; directing the District Attorneys
Council to annually provide list of early termination
applications; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 248, O.S.L.
2023 (22 O.S. Supp. 2024, Section 991a-4.2), is amended to read as
follows:
Section 991a-4.2. A. 1. Any person who receives a suspended
sentence that exceeds five (5) years pursuant to the provisions of
Section 991a of this title for an offense not listed in Section 13.1
or subsection C, D, E, F, G, or J of Section 644 of Title 21 of the
Oklahoma Statutes or Section 571 or 582 of Title 57 of the Oklahoma
Statutes shall, upon request, receive an early e valuation hearing
after five (5) years to determine whether the length of the
suspended sentence should be modified.
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2. Any person who receives a split sentence pursuant to the
provisions of Section 991a of Title 22 of the Oklahoma Statutes of
this title for an offense not listed in Section 13.1 or subsection
C, D, E, F, G, or J of Section 644 of Title 21 of the Oklahoma
Statutes or Section 571 or 582 of Title 57 of the Oklahoma Statutes
and the suspended portion of the sentence exceeds five (5) years
shall, upon request, receive an early evaluation hearing after five
(5) years of serving the suspended portion of the split sentence to
determine whether the length of the split sentence should be
modified.
B. Upon an early evaluation hearing conducted pursua nt to
subsection A of this section, the court may modify the length of the
suspended sentence or split sentence when:
1. The person has completed all requirements of his or her
probation, including treatment and rehabilitative programming;
2. The person had no criminal violations during the term of
probation;
3. The person has no pending revocation hearings; and
4. The district attorney does not object on behalf of the state
or the victim or victims of the offense. Any such objection shall
be made in writing, specify on behalf of whom the objection is made,
and include the specific reason or reasons for the objection.
C. A person may request an early evaluation hearing one (1)
year earlier than prescribed in subsection A of this section and the
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court may modify the length of the suspended sentence or split
sentence when:
1. The person received a high school or high school equivalency
diploma, any college -level degree, or a vocational, technical, or
career training certification or degree while serving his or her
sentence, or when the person has maintained consistent employment
throughout his or her probation period;
2. The person has completed all requirements of his or her
probation, including treatment and rehabilitative programming;
3. The person had no criminal violations during the term of
probation;
4. The person has no pending revocation hearings; and
5. The district attorney does not object on behalf of the state
or the victim or victims of the offense. Any such objection shall
be made in writing, specify on behalf of whom the objection is made,
and include the specific reason or reasons for the objection.
D. Written notice shall be made to the appropriate district
attorney within fifteen (15) days of the filing of a request
pursuant to subsection A or subsection C of this section. The
district attorney shall have fo rty-five (45) days from the date the
notice was received to object or otherwise respond. The Court may,
upon request of the district attorney, grant a single fifteen -day
extension to object or otherwise respond.
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E. An offender may only request one early evaluation hearing in
a case pursuant to subsection A of this section without prior
approval from the district attorney.
F. No person shall be prohibited from an early evaluatio n
hearing as a condition of a plea agreement or imposed sentence if
otherwise qualified pursuant to subsection A of this section.
G. The President Pro Tempore of the Senate, the Speaker of the
House of Representatives, or the Governor may request the District
Attorneys Council to shall provide a list of early termination
applications made and copies of any objections or other responses to
such applications during the prior fiscal year . Such request shall
be made no later than July 31 and shall be fulfille d to the
President Pro Tempore of the Oklahoma State Senate, the Speaker of
the Oklahoma House of Representatives, and the Governor no later
than November 30 of each year.
SECTION 2. This act shall become effective November 1, 2025.
60-1-11368 GRS 12/31/24