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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 154 By: Deevers
AS INTRODUCED
An Act relating to restitution; amending 22 O.S.
2021, Sections 991a, as last amended by Section 1,
Chapter 61, O.S.L. 2024, 991b, and 9 91f (22 O.S.
Supp. 2024, Section 991a), which relate to sentencing
powers of court, technical violations of suspended
sentence, and restitution; requiring court to
prioritize order for restitution to victims to the
extent feasible; and providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 991a, as
last amended by Section 1, Chapter 61, O.S.L. 2024 (22 O.S. Supp.
2024, Section 991a), is amended to r ead as follows:
Section 991a. A. Except as otherwise provided in the Elderly
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 se ntence 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 vi ctim as provided by
Section 991f et seq. of this title or according to a
schedule of payments established by the sentencing
court, together with interest upon any pecuniary sum
at the rate of twelve percent (12%) per annum, if the
defendant agrees to pay s uch restitution or, in the
opinion of the court, if the defendant is able to p ay
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 cert ainty. The court shall prioritize
an order for payments of restitution to the 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 re sult of the
criminal act for which such person was convicted,
which reimbursement shall 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 family responsibilities of the
person convicted,
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d. to pay a reasonable sum into any trust fund
established pursuant to the provisions of Sections 176
through 180.4 of Title 60 of the Oklahoma 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 the total term allowed by
law for imprisonment, with or without restitution;
provided, however, the authority o f 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 Oklahoma Statutes when the offense
involved sexual abuse or sexu al exploitation; and
Sections 865 et seq., 885, 886, 888, 891, 1021,
1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and
1123 of Title 21 of the Oklahoma Statutes,
g. to repay the reward or part of the reward paid by a
local certified crime stoppers pro gram and 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 payment and the
importance of the information to the prosecution of
the defendant as provided by the arresting officer or
the district attorney with due regard for the
confidentiality of the records of the local certified
crime stoppers program and the Ok lahoma 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 certification standards for crime
stoppers programs established by the Oklahoma Crime
Stoppers Association to the extent those standards do
not conflict with state statutes. The term “court”
refers to all municipal and district courts within
this state. The “Oklahoma Reward System ” means the
reward program established b y Section 150.18 of Title
74 of the Oklahoma Statutes,
h. to reimburse the Okl ahoma State 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 convict ed
including compensation for laboratory, technical or
investigation services performed by the Bureau if, in
the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defendant ’s case may be
determined with reaso nable certainty,
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 drug laboratory site for which
the defendant pleaded guilty, nolo contendere 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 Investigation to be
deposited in the OSBI Revolving Fund established by
Section 150.19a of Title 74 of the Oklahoma Statutes
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 Section 142.2 et seq.
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of Title 21 of the Oklahoma Statutes, for the benefit
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 perso n is being sentenced,
l. to participate in an assessment and evaluation by an
assessment agency or assessment personnel 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 vic tims impact panel program, as
defined in subsection H of this section, or
victim/offender reconciliation program and payment 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 participation by the defendant.
Provided, each victim/offender reconciliation program
shall be required to obtain a written consent form
voluntarily signed by the victim and defend ant that
specifies the methods to be used to resolve the
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issues, the obligatio ns and rights of each person and
the confidentiality of the proceedings. Volunteer
mediators and employees of a victim/offender
reconciliation program shall be immune from liabi lity
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 defendant, an
ignition interlock device approved by the Board of
Tests for Alcohol and Drug Influence. The devic e
shall be installed upon every motor vehicle operated
by the defendant, and t he court shall require that a
notation of this restriction be affixed to the
defendant’s driver license. The restriction shall
remain on the driver license not exceeding two (2)
years to be determined by the court. The restriction
may be modified or removed only by order of the court
and notice of any modification order shall be given to
Service Oklahoma. Upon the expiration of the period
for the restriction, Service Oklahoma s hall remove 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 restriction shall be a violation
of the sentence and may be pu nished 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 operating a motor
vehicle if the defendant h as a blood 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 supervising authority, not to
exceed Three Hundred Dollars ($300.00) per month. 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 punish ed as deemed 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 Corrections 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, educati on
or rehabilitation for any conditions, behaviors,
deficiencies or disorders which may contribute to
criminal conduct including but not limited to alcohol
and substance abuse, m ental health, emotional health,
physical health, propensity for violence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, education 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 positive impact exists in
the community. Any treatment, educ ation or
rehabilitation provider required to be certified
pursuant to law or rule shall be certified by 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, ed ucation,
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 provider or other
person designated by the court,
t. to obtain positive behavior modeling by a trained
mentor,
u. to serve a term of confinement in a restrictive
housing facility availab le in the 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 participate in employment -
related activities,
x. to participate in mandatory day reporting to
facilities or persons for services, payments, duties
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 sufficient 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 offender is
deemed appropriate for participation,
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 m ay 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 sentenced after November
1, 1989, and required by law to register pursuant to
the Sex Offender Registration Act, the court shall
require the person t o 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 treatment of sex offenders
during the period of time while th e offender is
subject to supervision by the Department of
Corrections. The treatment program shall include
polygraph examinations specifically designed for use
with sex offenders for purposes of supervision and
treatment compliance, and shall be administe red not
less than each six (6) months during the period of
supervision. The examination shall be administered by
a certified licensed polygraph examiner. The
treatment program must be approved by 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 defendant ’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 Stat utes which
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 any false or
bogus check violation, as defined in Section 1541.4 of
Title 21 of the Oklahoma Statutes, impose 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 costs plus Twenty -five Dollars
($25.00) for each check upon fili ng of the case in
district court. This money shall be deposited in the
Bogus Check Restitution Program Fund as established in
subsection B of Section 114 of this title.
Additionally, the court may require the offender to
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pay restitution and bogus check f ees 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 restitution, community service,
payment to a local certified crime stoppers program, payment to the
Oklahoma Reward System or confinement in the county jail, or a
combination thereof, shall be made in conjunction with probation and
shall be made a condition of the suspended sentence.
However, unless under the superv ision of the district attorney,
the offender shall be required to pay Forty Do llars ($40.00) per
month to the district attorney during the first two (2) years of
probation to compensate the district attorney for the costs incurred
during the prosecution of the offender and for the additional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best 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 fin e, costs and costs of prosecution owed by the
offender;
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2. Impose a fine prescribed by law for the offense, with or
without probation or commitment and with or without restitution or
service as provided for in this section, Section 991a -4.1 of this
title or Section 227 of Title 57 of the Oklahoma Statutes;
3. Commit such person fo r confinement provided for by law with
or without restitution as provided for in this section;
4. Order the defendant to reimburse the Oklahoma State Bureau
of Investigation for costs incurred by that agency during its
investigation of the crime for which the defendant pleaded guilty,
nolo contendere or was convicted including compensation for
laboratory, technical or investigation services performed by the
Bureau if, in the opin ion of the court, the defendant is able to pay
without imposing manifest hards hip on the defendant, and if the
costs incurred by the Bureau during the investigation of the
defendant’s case may be determined with reasonable certainty;
5. Order the defendan t to reimburse the Oklahoma State Bureau
of Investigation for all costs incurred by that agency for cleaning
up an illegal drug laboratory site for which the defendant pleaded
guilty, nolo contendere or was convicted. The court clerk shall
collect the amount and may retain five percent (5%) of such monies
to be deposited in the Cou rt Clerk’s Revolving Fund to cover
administrative costs and shall remit the remainder to the Oklahoma
State Bureau of Investigation to be deposited 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 offenses, sentence such
person to the Community Service Sentencing Program;
7. In addition to the other sentencing powers of the court, in
the case of a person convicted of operating or being in control of a
motor vehicle while th e 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, require such person:
a. to participate in an alcohol and drug assessment and
evaluation by an assessment agency or assessment
personnel certified by th e 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, pursuan t to Sections 3-452 and 3-453
of Title 43A of the Oklahoma Statutes,
b. to attend a victims impact panel program, as defined
in subsection H of this section, and to pay a fee of
Seventy-five Dollars ($75.00) as set by the governing
authority of the program and approved 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 treatmen t program, 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 require 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 license 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 shall be given to
Service Oklahoma. Upon the expiration of the period
for the restriction, Service Oklahoma sh all remove the
restriction without further court order. Failure to
comply with the order to install an ignition interlock
device or operating any vehicle without such device
during the period of restriction shall be a violation
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of the sentence and may be punished as deemed proper
by the sentencing court, or
e. beginning January 1, 1993, to submit to electronically
monitored home detention administered and supervised
by the Department of Corrections, and to pay to the
Department a monitoring fee, not to exc eed Seventy-
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 fee. Any fees
collected pursuant to this subparagraph shall be
deposited in the Department of Corrections Revolving
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 court, in
the case of a person convicted of pros titution pursuant to Section
1029 of Title 21 of the Oklahoma Statutes, requir e 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 not limited to
alcohol and substance abuse, sexual behavior 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 dome stic
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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 required to
pay all or part of the cost of the treatment or counseling services;
10. In addition to the other 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 pursua nt to the Sex Offenders
Registration Act, shall require the defendant to parti cipate in a
treatment program designed specifically for the treatment of sex
offenders, if available. The treatment program will include
polygraph examinations specifically desi gned for use with sex
offenders for the purpose of supervision and treatment compliance,
provided the examination is administered by a certified licensed
polygraph examiner. The treatment program must be approved by the
Department of Corrections or the De partment of Mental Health and
Substance Abuse Services. Such treatment shall be at the expense of
the defendant based on the ability of the defendant to pay;
11. In addition to the other sentencing powers of the court,
the court, in the case of a person convicted 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 to undergo treatment or to
participate in counseling services. The defendant may be required
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to pay all or part of the co st of the treatment or counseling
services;
12. In addition to the other sent encing powers of the court,
the court, in the case of a person convicted of cruelty to animals
pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
require the person to pay restitution to animal facilities for
medical care and any boarding costs of victimized animals;
13. In addition to the other sentencing powers of the court, a
sex offender who is habitual or aggravated as defined by Section 584
of Title 57 of the Oklahoma 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 monitoring device by the Department of Corrections
for the duration of the registration period. The cost of such
monitoring device shall be reimbursed by the offender;
14. In addition to the other sentencing powers of the court, in
the case of a sex off ender who is required by law to register
pursuant to the Sex Offenders Registr ation Act, the court may
prohibit the person from accessing or using any Internet social
networking website that has the potential or likelihood of allowing
the sex offender to h ave contact with any child who is under the age
of eighteen (18) years;
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15. In addition to the other sentencing powers of the court, 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 communication
name or identity information that the person uses or intends to use
while accessing the Internet or used for other purposes of social
networking or other similar Internet communication; or
16. In addition to the other sentencing powers of the court,
and pursuant to the terms and conditions of a written plea
agreement, the court may prohibit the defendant from entering,
visiting or residing within the judicial district in which the
defendant was convict ed 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 district for personal
business not related to his or her criminal case, the defendant
shall be required to obtain approval by the court.
B. Notwithstanding any other provision of law, any person who
is found guilty of a violation of any provision of Section 761 or
11-902 of Title 47 of the Oklahoma Statutes 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 assessment 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 person 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 evaluation
shall be conducted at a certified assessment agency, the office 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 written report to the court
for the purpose of assisting the court in its f inal sentencing
determination. No person, agency or facility operating an alcohol
and drug substance abuse evaluation program certified by the
Department of Mental Health and Su bstance Abuse Services shall
solicit or refer any person evaluated pursuant to this subsection
for any treatment program or alcohol and drug substance abuse
service in which such person, agency or facility has a vested
interest; however, this provision sha ll not be construed to prohibit
the court from ordering participation in or an y person from
voluntarily utilizing a treatment program or alcohol and drug
substance abuse service offered by such person, agency or facility.
If a person is sentenced to the c ustody of the Department of
Corrections and the court has received a written evaluation report
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pursuant to this subsection, the report shall be furnished to the
Department of Corrections with the judgment and sentence. Any
evaluation report submitted to t he court pursuant to this subsection
shall be handled in a manner which will k eep such report
confidential from the general public ’s review. Nothing contained in
this subsection shall be construed to prohibit the court from
ordering judgment and sentence in the event the defendant fails or
refuses to comply with an order of the court to obtain the
evaluation required by this subsection.
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 section shall not
apply to defendants being sentenced upon their third or subsequent
to their third conviction of a felony. Provided , the court may
waive these prohibitions upon written application of the district
attorney. Both the application and the waiver shall be made part of
the record of the case.
D. When sentencing a person convicted of a crime, the judge
shall consider any v ictim impact statements if submitted to the
jury, or the judge in the event a jury is waived.
E. Probation, for purposes of subsection A of this section, is
a procedure by which a defendant found guilty of a crime, whether
upon a verdict or plea of guilty or upon a plea of nolo contendere,
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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 s hall be initiated upon an order of
probation from the court, and shall not exc eed two (2) years, unless
a petition alleging a violation of any condition of deferred
judgment or seeking revocation of the suspended sentence is filed
during the supervision, o r 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 granted
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 exp iration of the maximum term or terms of
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 other agency as the
court may designate, shall be responsible for the monitoring and
administration of the restitution and s ervice programs provided for
by subparagraphs a, c and d of paragraph 1 of sub section A of this
section, and shall ensure that restitution payments are forwarded to
the victim and that service assignments are properly performed.
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G. 1. The Department of C orrections is hereby authorized,
subject to funds available through appropriation by the Legislature,
to contract with counties for the administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Program pursuant
to this section shall be eligible to participate in a county
Program; provided, participation in county -funded Programs shall not
be limited to offenders who would otherwise be sentenced to
confinement with the Department of Corrections.
3. The Department shall establish 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 responsible for
ensuring that any contracting county complies in full with
specifications and re quirements of the contract. The contract shall
set appropriate compensation to the county for services to the
Department.
4. The Department is hereby authorized to provide tech nical
assistance to any county in establishing a Program, regardless of
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall include appropriate
staffing, development of community resources, sponsorship,
supervision and any other requirements.
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5. The Department shall annually make a rep ort to the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
on the number of such Programs, 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 prevent the
defendant from operating 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 the
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 t he Secretary of State in Oklahoma for
the sole purpose of operating a victims impact panel program. The
program shall include live presentations from presenters 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
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program shall be attended by persons who have committed the offense
of driving, operating or being in actual physical control of a motor
vehicle while under the influence of alcohol or other intoxicating
substance, operating a motor vehicle 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 vehicle while
using an electronic device or by persons who have been convicted of
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 p rogram
shall be required to pay a fee of Seventy -five Dollars ($75.00) to
the provider of the program. A certificate of completion shall be
issued to the person upon satisfying the attendance and fee
requirements of the victims impact panel program. The certificate
of completion shall contain the business identification number of
the program provider. A certified assessment agency, certified
assessor or provider of an alcohol a nd drug substance abuse course
shall be prohibited from providing a victims im pact panel program
and shall further be prohibited from having any proprietary or
pecuniary interest in a victims impact panel program. The provider
of the victims impact panel program shall carry general liability
insurance and maintain an accurate accounting of all business
transactions and funds received in relation to the victims impact
panel program. Beginning October 1, 2020, and each October 1
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thereafter, the provider of the victims impact panel program shall
provide to the District Attorneys Counc il the following:
a. proof of registration with the Oklahoma Secretary of
State,
b. proof of general liability insurance,
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 deposited
in the District Attorneys Council Revolving Fund
created in Section 215.28 of Title 19 of the Oklahoma
Statutes, and
f. a statement certifying that the provider of the
victims impact panel program has complied with all of
the requirements set forth in this paragraph.
I. A person convicted of a felony offen se or receiving any form
of probation for an offense in which registration is required
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid (DNA) testing for law enforcement
identification purposes in accordance with Sectio n 150.27 of Title
74 of the Oklahoma Statutes and the rules promulgated by the
Oklahoma State Bureau of Investigation for the OSBI Combined DNA
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Index System (CODIS) Database. Subject to the availability of
funds, any person convicted of a misdemeanor offe nse of assault and
battery, domestic abuse, stalking, possession of a controlled
substance prohibited under the Uniform Controlled Dangerous
Substances Act, outraging public decency, resisting arrest, escape
or attempting to escape, eluding a police office r, Peeping Tom,
pointing a firearm, threatening an act of violence, breaking a nd
entering a dwelling place, destruction of property, negligent
homicide or causing a personal injury accident while driving under
the influence of any intoxicating substance, o r any alien unlawfully
present under federal immigration law, upon arrest, shall submit to
DNA testing for law enforcement identification purposes in
accordance with Section 150.27 of Title 74 of the Oklahoma Statutes
and the rules promulgated by the Oklah oma State Bureau of
Investigation for the OSBI Combined DNA Index System (CODI S)
Database. Any defendant sentenced to probation shall be required to
submit to testing within thirty (30) days of sentencing either to
the Department of Corrections or to the county sheriff or other
peace officer as directed by the court. Defendants who are
sentenced to a term of incarceration shall submit to testing in
accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
for those defendants who enter the custo dy of the Department of
Corrections or to the county sheriff, for those defend ants sentenced
to incarceration in a county jail. Convicted individuals who have
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previously submitted to DNA testing 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 released
before January 1, 2006, shall provide a blood or saliva sample prior
to release. Every person subject to DNA testing after Ja nuary 1,
2006, whose sentence does not include a term of confinement with the
Department of Corrections shall submit a blood or saliva sample.
Every person subject to DNA testing who is sentenced to unsupervised
probation or otherwise not supervised by th e Department of
Corrections shall submit for blood or saliva testing to the sh eriff
of the sentencing county.
J. Samples of blood or saliva for DNA testing required by
subsection I of this section shall be taken by employees or
contractors of the Departme nt of 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
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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 subject
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. Persons subject to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be required to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submission to the
OSBI Combined DNA Index System (CODIS) Database. Any fe es collected
pursuant to this subsection shall be deposited in the revolving
account or the service fee account of the collection agency or
department.
K. When sentencing a person who has been convicted of a crime
that would subject that person to the pro visions of the Sex
Offenders Registration Act, neither the court nor the distr ict
attorney shall be allowed to waive or exempt such person from the
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, fo r any
cause unless a petition setting forth the grounds for such
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revocation is filed by the district attorney with the clerk of the
sentencing court and competent evidence justifying the revocation of
the suspended sentence is presented to the court at a h earing to be
held for that purpose within twenty (20) days after the entry of the
plea of not guilty to the petition, unless waived by both the state
and the defendant. The State of Oklahoma may dismiss the petition
without prejudice one time upon good ca use shown to the court,
provided that any successor petition must be filed wit hin forty-five
(45) days of the date of the dismissal of the petition.
B. Whenever a sentence has been suspended by the court after
conviction of a person for any crime, the sus pended sentence of the
person may not be revoked in whole for a technical violation unless
a petition setting forth the grounds for such revocation is filed by
the district attorney with the clerk of the sentencing court and
competent evidence justifying t he revocation of the suspended
sentence is presented to the court at a hearing to be held for that
purpose within twenty (20) days after the entry of the plea of not
guilty to the petition, unless waived by both the state and the
defendant. The State of O klahoma 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
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exceed six (6) months for a fir st revocation and five (5) years for
a second or subsequent revocation.
C. “Technical violation” as used in this section means a
violation of the court -imposed rules and conditi ons 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 elec tronic monitoring device;
5. Failing to initially report or missing assigned reporting
requirements for an excess of sixty (60) days;
6. Unlawfully contacting a victim, codefendant or criminal
associates;
7. Five or more separate and distinct technical violations
within a ninety-day period; or
8. Any violation of the Specialized Sex Offender Rules.
D. 1. The Department of Corrections shall develop a matrix of
technical violations and sanctions to address violations committed
by persons who are being s upervised by the Department. The
Department shall be authorized to use a viol ation response and
intermediate sanction process based on the sanction matrix to apply
to any technical violations of probationers. Within four (4)
working days of the discovery of the violation, the probation
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officer shall initiate the violation response and intermediate
sanction process. The sentencing judge may authorize any
recommended sanctions, which may include, but are not limited to:
short-term jail or lockup, day trea tment, program attendance,
community service, outpatient or inpatient treatmen t, monetary
fines, curfews, ignition interlock devices on vehicles, or a one -
time referral to a term of confinement of six (6) months in an
intermediate revocation facility opera ted by the Department of
Corrections; provided, upon approval of the district attorney, a
person may be sanctioned to serve additional 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 corre ct the noncompliant
behavior resulting in the technical violation. The probation
officer shall refer to the sanctioning matrix to determine the
supervision, treatment, and sanct ions appropriate to address the
noncompliant behavior. The probation officer shall refer the
violation information and recommended response with a sanction plan
to the Department of Corrections to be heard by a hearing officer.
The Department of Correcti ons shall develop a sanction matrix,
forms, policies and procedures necessary to implement this
provision. The Department of Corrections shall establish procedures
to hear responses to technical violations and review sanction plans
including the following :
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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 offender 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 and actions taken
pursuant to this subsection.
2. The hearing officer shall determine based on a preponderance
of the evidence whether a technical violation occurred. Upon a
finding that a technical violation occurred, the hearing officer may
order the offender to participate in the recommended sanction plan
or may modify the plan. Offenders who accept the sanction plan
shall sign a violation response sanction form, and the hearing
officer shall then impose the sanction. Failure of the offender to
comply with the imposed sanc tion 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 all ow the offender to appeal to the district court,
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or request a revocation proce eding as provided by law. Every
administrative hearing and sanction imposed by the Department shall
be appealable to the district court.
3. Absent a finding of willful nonpayme nt by 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 Depart ment of
Corrections shall forward to the district attorney all information
pertaining to the failure of the defendant to make timely
restitution as ordered by the court, and the district attorney shall
file a petition setting forth the grounds for revocati on.
2. The defendant ordered to make restitution can petition the
court at any time for remission or a change in the terms of the
order of restitution if the defendant undergoes a change of
condition which materially affects the ability of the defendant t o
comply with the order of the court.
3. At the hearing, if one of the ground s for the petition for
revocation is the failure of the defendant to make timely
restitution as ordered by the court, the court will hear evidence
and if it appears to the satisf action 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
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due, or modify the terms or met hod of payment; provided, however,
the court shall continue to prioritize an o rder for payments of
restitution to the victim to the extent feasible . Provided, if the
court determines that a reduction in the restitution still due is
warranted, the court sh all equally apply the same percentage
reduction to any court -ordered monetary obligation owed by the
defendant including, but not limited 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 remainder of the
term of the sentence, and under the provisions applying to it. The
person whose suspended sentence is being considered for revocation
at the hearing shall have the right to be represented by counsel, to
present competent evidence in his or her own behalf and to be
confronted by the witnesses against the defendant. Any order of the
court revoking the suspended sentence, in whole or in part, shall be
subject to review on appeal, as in other ap peals of criminal cases.
Provided, however, that if the crime for which the s uspended
sentence is given was a felony, the defendant may be allowed bail
pending appeal. If the reason for revocation be that the defendant
committed a felony, the defendant s hall not be allowed bail pending
appeal.
G. Notwithstanding the provisions of subsections A and B of
this section, when the suspended sentence of a person is being
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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 an y provision of Title 22
of the Oklahoma Statutes relating to criminal sentencing and
restitution orders and for the Restitution and Diversion Program:
1. “Restitution” means the sum to be paid by the defendant to
the victim of the criminal act to compensa te 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;
2. “Victim” means any person, partnership, corporation or legal
entity that suffers an economic loss as a direct result of the
criminal act of another person; and
3. “Economic loss” means actual financial detriment suffered by
the victim consisting of medical expenses actually incurred, damage
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 cri minal act of the defendant. No other
elements of damage shall be included as an economic loss for
purposes of this section.
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B. In all criminal prosecutions and juvenile proceed ings in
this state, when the court shall prioritize an order for payments of
restitution to the victim to the extent 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 purposes of validity and collec tion,
shall not be limited to the maximum term of imprisonment for which
the offender could have been sentenced, nor limited to any term of
probation, parole, or extension thereo f, nor expire until fully
satisfied. The court order for restitution, fines, fees or
assessments shall remain a continuing obligation of the offender
until fully satisfied, and the obligation shall not be considered a
debt, nor shall the obligation be dis chargeable in any bankruptcy
proceeding. The court order shall continue in fu ll force and effect
with the supervision of the state until fully satisfied, and the
state shall use all methods 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 cr iminally responsible shall be sentenced to
make restitution. Restitution may be ordered in addition to the
punishments prescribed by law.
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2. The court shall order full restitution based upon the
following considerations:
a. the nature and amount of resti tution shall be
sufficient to restore the crime 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 than treble
the actual economic loss incurred, and
b. the amount of restitution shall be established
regardless of the financial resources of the offender.
3. The court:
a. may direct the return of proper ty to be made as soon
as practicable and make an award of restitution in the
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 r estore 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 establi shed and thereafter
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adjusted by agreement consistent with the order of the
court,
c. shall have the authority to amend or alter any order
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 interes t 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
e. shall consider any pre -existing orders imposed on the
defendant, including, but not limited to, orders
imposed under civil and crimin al proceedings.
D. If restitution to more than one person, agency or entity is
set at the same time, the court 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.
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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 restitution provisions shal l be
included in the written plea agreement presented to the court, in
which case, the restitution claim shall be reviewed by the judge
prior to acceptance of the plea agreement.
2. At the initiation of the prosecution of 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 restitution form to be
completed and signed by the crime victim, and to include all
invoices, bills, receipts, and other evidence 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 clai m form shall be
provided assistance and direction to properly complete the for m.
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 ever y case where the victim
has suffered economic loss, shall, as a part of the plea bargain,
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require that the offender pay restitution to the crime victim. The
district attorney shall be authorized to act as a clearing house for
collection and disbursement o f restitution payments made pursuant to
this section, and shall assess a fee o f 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 other 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 necessarily establish
the authenticity of any document or substantiate the a sserted amount
of the restitution claim.
H. The unexcused failure or refusal of the crime victim to
provide all or part of the requisite information prior to the
sentencing, unless disclosure is deferred by the court, shall
constitute a waiver of any grou nds 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 as part of the pre -sentence investigation
or assessment and evaluation r equired for a community sentence or,
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if no pre-sentence investigation is conducted, in advance of the
sentencing proceeding such information 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 restit ution or set the schedule of
payment. 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 constitute a
waiver of any grounds to appea l or seek future amendment or
alteration of the restitution order predicated o n the undisclosed
information. The willful failure or refusal of the offender to
provide all or part of the requisite information prior to
sentencing, unless disclosure is defer red 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.
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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 re quest 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:
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 subsec tion 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 imposed
was a suspended or deferred sentence or a community sentence.
N. If the defendant is without m eans 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
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district court judgment doc ket 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 debt nor
dischargeable in any bankruptcy proceeding.
O. Whenever a person has been ordered to 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, with or without compensat ion, to be credited at a
rate of Five Dollars ($5.00) per day against the total amount due
for restitution. If the defendant fails to perform the required
community service auth orized by this subsection or if the conditions
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 criminal 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, 2025.
60-1-1320 TEK 12/30/2024 11:21:10 AM