§22-471.2.

§22-471.2.
   
   A. The initial opportunity for review of an offender for a drug court
   program shall occur within four (4) days after the arrest and
   detention or incarceration of the offender in the city or county jail,
   or if an immediate bond release program is available through the jail,
   the initial opportunity for review shall occur in conjunction with the
   bond release program. When a drug court is established, the following
   information shall be initially reviewed by the sheriff or designee, if
   the offender is held in a county jail, or by the chief of police or
   designee, if the offender is held in a city jail:
   
   1. The offender's arrest or charge does not involve a crime of
   violence against any person, unless there is a specific treatment
   program in the jurisdiction designed to address domestic violence and
   the offense is related to domestic violence and substance abuse;
   
   2. The offender has no prior felony conviction in this state or
   another state for a violent offense, except as may be allowed in a
   domestic violence treatment program authorized by the drug court
   program. It shall be sufficient for this paragraph that a criminal
   history records name search was conducted and indicated no apparent
   violent offense;
   
   3. The offender's arrest or charge does not involve a violation of the
   Trafficking In Illegal Drugs Act, Section 2-414 et seq. of Title 63 of
   the Oklahoma Statutes;
   
   4. The offender has committed a felony offense; and
   
   5. The offender:
   
   a. admits to having a substance abuse addiction,
   
   b. appears to have a substance abuse addiction,
   
   c. is known to have a substance abuse addiction, or
   
   d. the arrest or charge is based upon an offense eligible for the drug
   court program.
   
   B. If it appears to the reviewing officer that the offender may be
   potentially eligible for the drug court program based upon a review of
   the information in subsection A of this section, the offender shall be
   given an eligibility form which may be voluntarily completed by the
   offender, and the reviewing officer shall file the criminal case
   record within the time prescribed in subsection E of Section 2 of this
   act. The offender shall not automatically be considered for the
   program based upon this review. The offender must request
   consideration for the drug court program as provided in subsection C
   of this section and shall have approval from the district attorney
   before being considered for the drug court program. The eligibility
   form shall describe the drug court program for which the offender may
   be eligible, including, but not limited to:
   
   1. A full description of the drug court process and investigation;
   
   2. A general explanation of the roles and authority of the supervising
   staff, the district attorney, the defense attorney, the treatment
   provider, the offender, and the judge in the drug court program;
   
   3. A clear statement that the drug court judge may decide after a
   hearing not to consider the offender for the drug court program and in
   that event the offender will be prosecuted in the traditional manner;
   
   4. A clear statement that the offender is required, before
   consideration in the program, to enter a guilty plea as part of a
   written plea agreement;
   
   5. A clear statement that the plea agreement will specify the offense
   to which the guilty plea will be entered and will state any penalty to
   be imposed for the offense, both in the event of a successful
   completion of the drug court program, and in the event of a failure to
   complete the program;
   
   6. A clear statement that the offender must voluntarily agree to:
   
   a. waive the right to a speedy trial,
   
   b. waive the right to a preliminary hearing,
   
   c. the terms and conditions of a treatment plan, and
   
   d. sign a performance contract with the court;
   
   7. A clear statement that the offender, if accepted into the drug
   court program, may not be incarcerated for the offense in a state
   correctional institution or jail upon successful completion of the
   program;
   
   8. A clear statement that during participation in the drug court
   program should the offender:
   
   a. fail to comply with the terms of the agreements,
   
   b. be convicted of a misdemeanor offense which reflects a propensity
   for violence,
   
   c. be arrested for a violent felony offense, or
   
   d. be convicted of any felony offense,
   
   the offender may be required, after a court hearing, to be revoked
   from the program and sentenced without trial pursuant to the
   punishment provisions of the negotiated plea agreement; and
   
   9. An explanation of the criminal record retention and disposition
   resulting from participation in the drug court program following
   successful completion of the program.
   
   C. 1. The offender may request consideration for the drug court
   program as follows:
   
   a. if the offender is incarcerated, the offender must sign and
   complete the eligibility form and return it to the sheriff, if the
   offender is held in the county jail; or to the chief of police, if the
   offender is held in a city jail. The sheriff or chief of police, upon
   receipt of the eligibility form, shall file the form with the district
   attorney at the time of filing the criminal case record or at any time
   during the period of incarceration when the offender completes the
   form after the criminal case record has been filed, or
   
   b. after release of the offender from incarceration, the offender must
   sign and complete the eligibility form and file it with the district
   attorney or the court, prior to or at the time of either initial
   appearance or arraignment.
   
   2. Any offender desiring legal consultation prior to signing or
   completing the form for consideration in a drug court program shall be
   referred to the defense attorney of the drug court team, or a public
   defender, if the offender is indigent, or allowed to consult with
   private legal counsel.
   
   3. Nothing contained in the provisions of this subsection shall
   prohibit the drug court from considering any offender deemed eligible
   for the program at any time prior to sentencing whose case has been
   prosecuted in the traditional manner, or upon a violation of parole or
   probation conditions relating to substance abuse, upon recommendation
   of the district attorney as provided in Section 9 of this act.
   
   D. When an offender has filed a voluntary request to be considered for
   a drug court program on the appropriate form, the district attorney
   shall indicate his or her approval of the request by filing the form
   with the drug court judge. Upon the filing of the request form by the
   district attorney, an initial hearing shall be set before the drug
   court judge. The hearing shall be not less than three (3) work days
   nor more than five (5) work days after the date of the filing of the
   request form. Notice of the hearing shall be given to the drug court
   team, or in the event no drug court team is designated, to the
   offender, the district attorney, and to the public defender. The
   offender shall be required to notify any private legal counsel of the
   date and time of the hearing.