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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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