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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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