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22-471.6.


22-471.6.
   
   A. The drug court judge shall conduct a hearing as required by
   subsection E of Section 471.4 of this title to determine final
   eligibility by considering:
   
   1. Whether or not the offender voluntarily consents to the program
   requirements;
   
   2. Whether or not to accept the offender based upon the findings and
   recommendations of the drug court investigation authorized by Section
   471.4 of this title;
   
   3. Whether or not there is a written plea agreement, and if so,
   whether the terms and conditions of the written negotiated plea
   between the district attorney, the defense attorney, and the offender
   are appropriate and consistent with the penalty provisions and
   conditions of other similar cases;
   
   4. Whether or not there is an appropriate treatment program available
   to the offender and whether or not there is a recommended treatment
   plan; and
   
   5. Any information relevant to determining eligibility; provided,
   however, an offender shall not be denied admittance to any drug court
   program based upon an inability to pay court costs or other costs or
   fees.
   
   B. At the hearing to determine final eligibility for the drug court
   program, the judge shall not grant any admission of any offender to
   the program when:
   
   1. The required treatment plan and plea agreement have not been
   completed;
   
   2. The program funding or availability of treatment has been
   exhausted;
   
   3. The treatment program is unwilling to accept the offender;
   
   4. The offender was ineligible for consideration by the nature of a
   violent offense at the time of arrest, and the charge has been
   modified to meet the eligibility criteria of the program; or
   
   5. The offender is inappropriate for admission to the program, in the
   discretion of the judge.
   
   C. At the final eligibility hearing, if evidence is presented that was
   not discovered by the drug court investigation, the district attorney
   or the defense attorney may make an objection and may ask the court to
   withdraw the plea agreement previously negotiated. The court shall
   determine whether to proceed and overrule the objection, to sustain
   the objection and transfer the case for traditional criminal
   prosecution, or to require further negotiations of the plea or
   punishment provisions. The decision of the judge for or against
   eligibility and admission shall be final.
   
   D. When the court accepts the treatment plan with the written plea
   agreement, the offender, upon entering the plea as agreed by the
   parties, shall be ordered and escorted immediately into the program.
   The offender must have voluntarily signed the necessary court
   documents before the offender may be admitted to treatment. The court
   documents shall include:
   
   1. Waiver of the offender's rights to speedy trial;
   
   2. A written plea agreement which sets forth the offense charged, the
   penalty to be imposed for the offense in the event of a breach of the
   agreement, and the penalty to be imposed, if any, in the event of a
   successful completion of the treatment program; provided, however,
   incarceration shall be prohibited when the offender completes the
   treatment program;
   
   3. A written treatment plan which is subject to modification at any
   time during the program; and
   
   4. A written performance contract requiring the offender to enter the
   treatment program as directed by the court and participate until
   completion, withdrawal, or removal by the court.
   
   E. If admission into the drug court program is denied, the criminal
   case shall be returned to the traditional criminal docket and shall
   proceed as provided for any other criminal case.
   
   F. At the time an offender is admitted to the drug court program, any
   bail or undertaking on behalf of the offender shall be exonerated.
   
   G. The period of time during which an offender may participate in the
   active treatment portion of the drug court program shall be not less
   than six (6) months nor more than twenty-four (24) months and may
   include a period of supervision not less than six (6) months nor more
   than one (1) year following the treatment portion of the program. All
   participating treatment providers shall be certified by the Department
   of Mental Health and Substance Abuse Services and shall be selected
   and evaluated for performance-based effectiveness annually by the
   Department of Mental Health and Substance Abuse Services. Treatment
   programs shall be designed to be completed within twelve (12) months
   and shall have relapse prevention and evaluation components.
   
   H. The drug court judge shall order the offender to pay court costs,
   treatment costs, drug testing costs, a program user fee not to exceed
   Twenty Dollars ($20.00) per month, and necessary supervision fees,
   unless the offender is indigent. The drug court judge shall establish
   a schedule for the payment of costs and fees. The cost for treatment,
   drug testing, and supervision shall be set by the treatment and
   supervision providers respectively and made part of the court's order
   for payment. User fees shall be set by the drug court judge within the
   maximum amount authorized by this subsection and payable directly to
   the court clerk for the benefit and administration of the drug court
   program. Treatment, drug testing, and supervision costs shall be paid
   to the respective providers. The court clerk shall collect all other
   costs and fees ordered. The court clerk shall be authorized to retain
   two percent (2%) of any user fees collected pursuant to the Oklahoma
   Drug Court Act and deposit such amount in the Court Clerk's Revolving
   Fund pursuant to the provisions of Section 220 of Title 19 of the
   Oklahoma Statutes. The remaining user fees shall be remitted to the
   State Treasurer by the court clerk for deposit in the Department of
   Mental Health and Substance Abuse Services' Drug Abuse Education and
   Treatment Revolving Fund established pursuant to Section 2-503.2 of
   Title 63 of the Oklahoma Statutes. Court orders for costs and fees
   pursuant to this subsection shall not be limited for purposes of
   collection to the maximum term of imprisonment for which the offender
   could have been imprisoned for the offense, nor shall any court order
   for costs and fees be limited by any term of probation, parole,
   supervision, treatment, or extension thereof. Court orders for costs
   and fees shall remain an obligation of the offender with court
   monitoring until fully paid.
   

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