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ENGROSSED HOUSE
BILL NO. 2376 By: Hill of the House
and
Daniels of the Senate
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 to 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 fo r 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 evaluation 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 this
title for an offense not listed in Sectio n 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 Okl ahoma Statutes and the
suspended portion of the sentence exceeds five (5) years shall, upon
request, receive an early e valuation 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 pursuant 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 o r her
probation, including treatment and rehabilitative programming;
2. The person had no criminal violations during t he 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 t he 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 suspend ed 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 pe rson 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 th e 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 th e objection is made,
and include the specific reason or reasons for the objection.
D. Written notice shall be made to the appropriate di strict
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 forty -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 evaluation
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 On or
before November 30, 2025, and eve ry odd year thereafter, the
District Attorneys Council to shall provide a list of early
termination applications made and copies of any o bjections or other
responses to such applications during the prior fiscal year . Such
request shall be made no later th an July 31 and shall be fulfilled
no later than November 30 to the President Pro Tempore of the
Oklahoma State Senate, the Speaker of the Oklahoma House of
Representatives, and the Governor .
SECTION 2. This act shall become effective Novem ber 1, 2025.
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Passed the House of Representatives the 25th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate