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§22-996.3.
§22-996.3.
A. Upon a verdict of guilty or a plea of guilty or nolo contendere of
an offender, the court shall delay sentencing for a period of up to
one hundred twenty (120) days after the plea of guilty or finding of
guilt is entered and order the offender to the Delayed Sentencing
Program for Young Adults under the custody of the Department of
Corrections. For purposes of the Delayed Sentencing Program for Young
Adults, the term "custody" shall include probation or confinement. The
court may initially commit the offender for either probation or
confinement pending the completion of the Delayed Sentencing Program.
After the completion of said program the court shall:
1. Defer judgment pursuant to the provisions of Section 991c of Title
22 of the Oklahoma Statutes; or
2. Sentence said offender to any sentence provided by law in the
custody of the Department of Corrections; or
3. Suspend the execution of sentence pursuant to Section 991a of Title
22 of the Oklahoma Statutes. In addition to other conditions of
probation allowed by statute, the court may include special conditions
of probation as set forth in the plan provided to the court if
sentencing is deferred or if all or part of the sentence is suspended.
B. Within one hundred twenty (120) days after the offender is
committed to the Delayed Sentencing Program for Young Adults, the
Department of Corrections shall prepare and file with the court clerk
a specialized offender accountability plan for said offender which
shall comply with and be in lieu of the presentence investigation
provided for in Section 982 of Title 22 of the Oklahoma Statues. The
plan shall include information, evaluations, and data directed by the
sentencing court, and may include but not be limited to, the
investigation report of probation officers, an assessment of security
risks and offender needs and a recommended specific course of action,
including, where applicable, psychological counseling, psychiatric
treatment, medical treatment, education or vocational training, work,
restitution, and such other programs, which will offer the best
opportunity for rehabilitation of said offender. If the plan
recommends confinement, the plan shall state specifically the type of
confinement that the Department of Corrections proposes to utilize and
the amount of time the offender will spend in that confinement.
Upon filing the plan, copies shall be provided by the Department of
Corrections to the district attorney, the offender, and the offender's
attorney. These copies shall be provided at least twenty (20) days
prior to the sentencing date set by the court. If the district
attorney, the offender or the offender's attorney objects to said
plan, he may file his written objections with the court within ten
(10) days of the sentencing date.
C. An order by the court placing an offender in the Delayed Sentencing
Program for Young Adults shall be accepted by the Department of
Corrections as a commitment to the custody of the Department pursuant
to the provisions of Section 521 of Title 57 of the Oklahoma Statutes,
for the purpose of committing an offender for assessment.
D. The period of delayed sentencing may be extended upon execution of
a waiver of the one-hundred-twenty-day period by the offender for the
purpose of completing the Delayed Sentencing Program for Young Adults
prior to sentencing. Provided however, in no event shall the extension
exceed a period of sixty (60) days and said extension shall be
approved by the court at which time the court shall set a new
sentencing date in accordance with the programmed completion date.
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