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§22-991a.
§22-991a.
A. Except as otherwise provided in the Elderly and Incapacitated
Victims 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 sentence 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:
a. to provide restitution to the victim 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 such restitution or, in the opinion of
the court, if the defendant is able to pay 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 certainty,
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 result 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,
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 reimburse the court fund for amounts paid to court-appointed
attorneys for representing the defendant in the case in which he or
she is being sentenced,
g. to repay the reward or part of the reward paid by a certified local
crimestoppers program and the 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
certified local crimestoppers program and the Oklahoma Reward System.
The court shall assess this repayment against the defendant as a cost
of prosecution. "Certified local crimestoppers program" means a
crimestoppers program certified by the Office of the Attorney General
pursuant to Section 991g of this title. The "Oklahoma General Reward
System" means the reward program established by Section 150.18 of
Title 74 of the Oklahoma Statutes,
h. 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 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
reasonable certainty,
i. to pay a reasonable sum to the Crime Victims Compensation Board,
created by Section 142.2 et seq. of Title 21 of the Oklahoma Statutes,
for the benefit of crime victims,
j. to reimburse the court fund for amounts paid to court-appointed
attorneys for representing the defendant in the case in which the
person is being sentenced,
k. to participate in substance abuse education or treatment, pursuant
to Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes, or
as ordered by the court,
l. to be placed in a victims impact panel program or victim/offender
reconciliation program and payment of a fee to the program of not less
than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00)
as set by the governing authority of the program to offset the cost of
participation by the defendant,
m. to install an ignition interlock device approved by the Department
of Public Safety at the defendant's own expense. The device shall be
installed upon every motor vehicle operated by the defendant, and the
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 the
Department of Public Safety. Upon the expiration of the period for the
restriction, the Department of Public Safety shall 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 punished as deemed proper 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 has a blood or breath alcohol concentration of
five-hundredths (0.05) or greater,
n. 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 Seventy-five Dollars ($75.00) per month. Any fees collected
pursuant to this paragraph 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 punished 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
records violations for investigation by a qualified supervisory agency
or person,
o. to perform one or more courses of treatment, education or
rehabilitation for any conditions, behaviors, deficiencies or
disorders which may contribute to criminal conduct, including but not
limited to alcohol and substance abuse, mental 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, education or rehabilitation provider required to be
certified pursuant to law or rule shall be certified by the
appropriate state agency or a national organization,
p. to submit to periodic testing for alcohol, intoxicating substance,
or controlled dangerous substances by a qualified laboratory,
q. to pay a fee, costs for treatment, education, 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,
r. to be supervised by a Department of Corrections employee, a private
supervision provider, or other person designated by the court,
s. to obtain positive behavior modeling by a trained mentor,
t. to serve a term of confinement in a restrictive housing facility
available in the community,
u. 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,
v. to obtain employment or participate in employment-related
activities,
w. to participate in mandatory day reporting to facilities or persons
for services, payments, duties or person-to-person contacts as
specified by the court,
x. 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 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,
y. to submit to blood testing as required by Section 588 of Title 57
of the Oklahoma Statutes,
z. 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,
aa. 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,
bb. to attend a victim-offender reconciliation program if the victim
agrees to participate and the offender is deemed appropriate for
participation,
cc. in the case of a person convicted of prostitution pursuant to
Section 1029 of Title 21 of the Oklahoma Statutes, require 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,
dd. in the case of a sex offender, require the person to participate
in a treatment program, if available. The treatment program must be
approved by the person who has supervisory authority over the
defendant. Such treatment shall be at the expense of the defendant
based on the defendant's ability to pay. For purposes of this
provision, "sex offense" shall not include a violation of paragraph 1
of subsection A of Section 1021 of Title 21 of the Oklahoma Statutes;
ee. 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 Statutes 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; and
ff. any other provision specifically ordered by the court.
However, any such order for restitution, community service, payment to
a certified local crimestoppers 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;
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 of this title or Section
227 of Title 57 of the Oklahoma Statutes;
3. Commit such person for 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 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 reasonable certainty;
5. In the case of nonviolent felony offenses, sentence such person to
the Community Service Sentencing Program;
6. 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 the 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 substance abuse course or
treatment program, pursuant to Sections 3-452 and 3-453 of Title 43A
of the Oklahoma Statutes,
b. to attend a victims impact panel program, if such a program is
offered in the county where the judgment is rendered, and to pay a
fee, not less than Fifteen Dollars ($15.00) nor more than Twenty-five
Dollars ($25.00) as set by the governing authority of the program and
approved by the court, to 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 treatment 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 an ignition interlock device, at the person's own
expense, approved by the Department of Public Safety, 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 the Department of Public Safety.
Upon the expiration of the period for the restriction, the Department
of Public Safety shall 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 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
exceed 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;
7. In addition to the other sentencing powers of the court, in the
case of a person convicted of prostitution pursuant to Section 1029 of
Title 21 of the Oklahoma Statutes, require 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;
8. In addition to the other sentencing powers of the court, in the
case of a person convicted of any crime related to domestic 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;
9. In addition to the other sentencing powers of the court, the court,
in the case of a sex offender, shall require the person to participate
in a treatment program designed specifically for the treatment of sex
offenders, if available. The treatment program must be approved by the
probation officer who has supervisory authority over the defendant if
the defendant is placed on probation, or the court if the court
retains supervisory authority over the defendant. Such treatment shall
be at the expense of the defendant based on the defendant's ability to
pay.
Provided, for the purposes of this section, the term "sex offense"
shall not include a violation of paragraph 1 of subsection A of
Section 1021 of Title 21 of the Oklahoma Statutes; or
10. In addition to the other sentencing powers of the court, the
court, in the case of a person convicted of child abuse or neglect, as
defined in Section 7102 of Title 10 of the Oklahoma Statutes, may
require the person to undergo treatment or to participate in
counseling services. The defendant may be required to pay all or part
of the cost of the treatment or counseling services.
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 alcohol
and drug substance abuse evaluation program offered by a facility or
qualified practitioner 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 facility or qualified practitioner
for the evaluation. The Department of Mental Health and Substance
Abuse Services shall establish a fee schedule, based upon a person's
ability to pay, provided the fee for an evaluation shall not exceed
Seventy-five Dollars ($75.00). The evaluation shall be conducted at a
certified facility, the office of a qualified practitioner or at
another location as ordered by the court. The facility or qualified
practitioner 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 final sentencing determination.
No person, agency or facility operating an alcohol and drug substance
abuse evaluation program certified by the Department of Mental Health
and Substance 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 shall not
be construed to prohibit the court from ordering participation in or
any 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 custody of the Department of
Corrections and the court has received a written evaluation report
pursuant to this subsection, the report shall be furnished to the
Department of Corrections with the judgment and sentence. Any
evaluation report submitted to the court pursuant to this subsection
shall be handled in a manner which will keep 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.
As used in this subsection, "qualified practitioner" means a person
with at least a bachelor's degree in substance abuse treatment, mental
health or a related health care field and at least two (2) years'
experience in providing alcohol treatment, other drug abuse treatment,
or both alcohol and other drug abuse treatment who is certified each
year by the Department of Mental Health and Substance Abuse Services
to provide these assessments. However, any person who does not meet
the requirements for a qualified practitioner as defined herein, but
who has been previously certified by the Department of Mental Health
and Substance Abuse Services to provide alcohol or drug treatment or
assessments, shall be considered a qualified practitioner provided all
education, experience and certification requirements stated herein are
met within two (2) years from the effective date of this act.
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 or, beginning January 1, 1993, to
defendants being sentenced for their second or subsequent felony
conviction for violation of Section 11-902 of Title 47 of the Oklahoma
Statutes, except as otherwise provided in this subsection. In the case
of a person being sentenced for their second or subsequent felony
conviction for violation of Section 11-902 of Title 47 of the Oklahoma
Statutes, the court may sentence the person pursuant to the provisions
of paragraph 1 of subsection A of this section if the court orders the
person to submit to electronically monitored home detention
administered and supervised by the Department of Corrections pursuant
to subparagraph e of paragraph 5 of subsection A of this section.
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 victim 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, is
released by the court subject to conditions imposed by the court and
subject to the supervision of the Department of Corrections. Such
supervision shall be initiated upon an order of probation from the
court, and shall not exceed two (2) years, except as otherwise
provided by law. In the case of a person convicted of a sex offense,
supervision 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 expiration of the maximum term or terms of
the sentence upon a determination by 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 service programs provided for by
subparagraphs a, c, and d of paragraph 1 of subsection A of this
section, and shall ensure that restitution payments are forwarded to
the victim and that service assignments are properly performed.
G. 1. The Division of Probation and Parole of the Department of
Corrections 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 act 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 Division shall establish criteria and specifications for
contracts with counties for such Programs. A county may apply to the
Division 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
requirements of the contract. The contract shall set appropriate
compensation to the county for services to the Division.
4. The Division is hereby authorized to provide technical 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.
5. The Department shall annually make a report 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 five-hundredths (0.05) or greater; and
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.
I. A person convicted of an offense as provided in Section 650, 650.2,
650.5, 650.6, 650.7, 650.8, 651, 652, 701.7, 701.8, 711, 832, 885,
888, 1114, subsection B of Section 1021, 1021.2, 1021.3, 1087, 1088,
1123, 1173 or 1192.1 of Title 21 of the Oklahoma Statutes or a person
convicted of any felony who has a prior conviction for an offense
listed in this subsection shall submit to deoxyribonucleic acid
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 Oklahoma State Bureau of Investigation for the OSBI
DNA Offender Database. Submission to testing shall be required within
thirty (30) days of sentencing for those defendants who do not become
subject to the custody of the Department of Corrections, and
submission to testing shall be done in accordance with Section 530.1
of Title 57 of the Oklahoma Statutes, for those defendants who enter
the custody of the Department of Corrections as a result of
sentencing. Convicted individuals who have previously submitted to DNA
testing under this section and for whom a valid sample is on file in
the OSBI DNA Offender Database at the time of their sentencing shall
not be required to submit to additional testing.
Any person convicted of an offense as provided in this section who is
in custody after July 1, 1996, shall provide a blood sample prior to
release. Every person who is convicted of an offense as provided in
this subsection whose sentence does not include a term of confinement
shall provide a blood sample as a condition of the sentence.
J. Samples of blood for DNA testing required by subsection I of this
section shall be taken by employees or contractors of the Department
of Corrections. Said individuals shall be properly trained to collect
blood samples. Persons collecting blood for DNA testing pursuant to
this section shall be immune from civil liabilities arising from this
activity. The Department of Corrections shall 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 the custody of
the Department of Corrections. The Department 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 to the
Department of Corrections a fee of Fifteen Dollars ($15.00). Any fees
collected pursuant to this subparagraph shall be deposited in the
Department of Corrections revolving account.
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