Okla. Stat. tit. 22, § 22-996.3 — OK Code / Title 22 / Section 22-996.3
Powers of court - Specialized offender accountability plan - Objection and hearing -
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 15plan - Objection and hearing - Effect of court order - Probation or

confinement.

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 not less than one hundred eighty (180) days nor more than one

(1) year 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 during the

term of the Program. The court may initially commit the offender

for either probation or confinement pending the completion of the

Delayed Sentencing Program.

After the completion of the Program the court shall:

1. Defer judgment pursuant to the provisions of Section 991c of

this title;

2. Sentence the offender to any sentence provided by law in the

custody of the Department of Corrections;

3. Suspend the execution of sentence pursuant to Section 991a

of this title. 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;

4. Sentence the offender to community sentencing; or

Oklahoma Statutes - Title 22. Criminal Procedure Page 351

5. Dismiss the criminal charges and proceedings.

B. Within ninety (90) 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 the offender which

shall comply with and be in lieu of the presentence investigation

provided for in Section 982 of this title. 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 the 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, including but not

limited to boot camp, substance abuse treatment, and vocational or

educational placement.

Upon filing the plan, copies shall be provided by the Department

of Corrections to the district attorney, the offender, the

offender's attorney, and the court. If the district attorney, the

offender or the offender's attorney objects to the plan, the

objecting party may file a written objection with the court within

ten (10) days of the receipt of the plan. Upon the filing of any

objection, the court shall conduct a hearing within ten (10) days of

the filing of the objection and decide a plan of action for the

offender under the Delayed Sentencing Program for Young Adults or

sentence the offender as otherwise provided by law.

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 sole purpose of committing an

offender for assessment and evaluation and complying with the

accountability plan.

D. If no objection has been made to the plan, the offender

shall remain in the custody of the Department either under probation

or confinement to comply with the terms and conditions of the plan.

The offender may be housed either in a minimum or medium security

facility, halfway house, community corrections facility, or any

combination as needed to comply with the plan and meet offender

criminogenic needs. Upon completion of the program, the Department

shall notify the Sheriff of the county from where the order by the

court placing an offender in the Delayed Sentencing Program for

Oklahoma Statutes - Title 22. Criminal Procedure Page 352

Young Adults was filed and the Sheriff shall take custody of the

offender.

E. Any offender previously admitted to the Delayed Sentencing

Program for Young Adults shall be ineligible for the Delayed

Sentencing Program for Young Adults for subsequent offenses.
Okla. Stat. tit. 22, § 22-982 — OK Code / Title 22 / Section 22-982
Presentence investigation
Status: in_force

A. Whenever a person is convicted of a violent felony offense

whether the conviction is for a single offense or part of any

combination of offenses, except when the death sentence is available

as punishment for the offense, the court may, before imposing the

sentence, require a presentence investigation be made of the

offender by the Department of Corrections. The court shall order

the defendant to pay a fee to the Department of Corrections of not

less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00) for the presentence investigation. In hardship cases, the

court may reduce the amount of the fee and establish a payment

schedule.

B. Whenever a person has a prior felony conviction and enters a

plea of guilty or nolo contendere to a felony offense other than a

violent felony offense, without an agreement by the district

attorney regarding the sentence to be imposed, the court may order a

Oklahoma Statutes - Title 22. Criminal Procedure Page 270

presentence investigation be made by the Department of Corrections.

The fee provided in subsection A of this section shall apply to

persons subject to this subsection.

C. Whenever a person has entered a plea of not guilty to a

nonviolent felony offense and is found guilty by a court following a

non-jury trial, the court may require a presentence investigation be

made by the Department of Corrections. The fee provided in

subsection A of this section shall apply to persons subject to this

subsection.

D. When conducting a presentence investigation, the Department

shall inquire into the circumstances of the offense and the

characteristics of the offender. The information obtained from the

investigation shall include, but not be limited to, a voluntary

statement from each victim of the offense concerning the nature of

the offense and the impact of the offense on the victim and the

immediate family of the victim, the amount of the loss suffered or

incurred by the victim as a result of the criminal conduct of the

offender, and the age, marital status, living arrangements,

financial obligations, income, family history and education, prior

juvenile and criminal records, associations with other persons

convicted of a felony offense, social history, indications of a

predisposition to violence or substance abuse, remorse or guilt

about the offense or the harm to the victim, job skills and

employment history of the offender. The Department shall make a

report of information from such investigation to the court,

including a recommendation detailing the punishment which is deemed

appropriate for both the offense and the offender, and specifically

a recommendation for or against probation or suspended sentence.

The report of the investigation shall be presented to the judge

within a reasonable time, and upon failure to present the report,

the judge may proceed with sentencing. Whenever, in the opinion of

the court or the Department, it is desirable, the investigation

shall include a physical and mental examination or either a physical

or mental examination of the offender.

E. The district attorney may have a presentence investigation

made by the Department on each person charged with a violent felony

offense and entering a plea of guilty or a plea of nolo contendere

as part of or in exchange for a plea agreement for a violent felony

offense. The presentence investigation shall be completed before

the terms of the plea agreement are finalized. The court shall not

approve the terms of any plea agreement without reviewing the

presentence investigation report to determine whether or not the

terms of the sentence are appropriate for both the offender and the

offense. The fee provided in subsection A of this section shall

apply to persons subject to this subsection and shall be a condition

of the plea agreement and sentence.

Oklahoma Statutes - Title 22. Criminal Procedure Page 271

F. The presentence investigation reports specified in this

section shall not be referred to, or be considered, in any appeal

proceedings. Before imposing a sentence, the court shall advise the

defendant, counsel for the defendant, and the district attorney of

the factual contents and conclusions of the presentence

investigation report. The court shall afford the offender a fair

opportunity to controvert the findings and conclusions of the

reports at the time of sentencing. If either the defendant or the

district attorney desires, a hearing shall be set by the court to

allow both parties an opportunity to offer evidence proving or

disproving any finding contained in a report, which shall be a

hearing in mitigation or aggravation of punishment.

G. The required presentence investigation and report may be

waived upon written waiver by the district attorney and the

defendant and upon approval by the Court.

H. As used in this section, "violent felony offense" means:

1. Arson in the first degree;

2. Assault with a dangerous weapon, battery with a dangerous

weapon or assault and battery with a dangerous weapon;

3. Aggravated assault and battery on a police officer, sheriff,

highway patrol officer, or any other officer of the law;

4. Assault with intent to kill, or shooting with intent to

kill;

5. Assault with intent to commit a felony, or use of a firearm

to commit a felony;

6. Assault while masked or disguised;

7. Burglary in the first degree or burglary with explosives;

8. Child beating or maiming;

9. Forcible sodomy;

10. Kidnapping, or kidnapping for extortion;

11. Lewd or indecent proposition or lewd or indecent acts with

a child;

12. Manslaughter in the first or second degrees;

13. Murder in the first or second degrees;

14. Rape in the first or second degrees, or rape by

instrumentation;

15. Robbery in the first or second degrees, or robbery by two

or more persons, or robbery with a dangerous weapon; or

16. Any attempt, solicitation or conspiracy to commit any of

the above enumerated offenses.
Okla. Stat. tit. 22, § 22-1090.1 — OK Code / Title 22 / Section 22-1090.1
Short title — Oklahoma Survivor's Act
Status: in_force

This act shall be known and may be cited as the “Oklahoma

Survivors’ Act”.
Okla. Stat. tit. 22, § 22-1321 — OK Code / Title 22 / Section 22-1321
Custody and return of stolen or embezzled property
Status: in_force

A. It is the intent of the Legislature that any stolen or

embezzled money or other property held in custody of a municipality,

county or the state in any criminal investigation, action or

proceeding be returned to the proper person or its lawful owner

without unnecessary delay.

B. If the property coming into the custody of a municipal,

county or state peace officer is not alleged to have been stolen or

embezzled, the peace officer may return the property to the owner

upon satisfactory proof of ownership. The notice and hearing

provisions of this section shall not be required for return of the

property specified in this section if there is no dispute concerning

the ownership of the property. Within fifteen (15) days of the time

the owner of the property is known, the peace officer shall notify

the owner of the property that the property is in the custody of the

peace officer. The property shall be returned to the owner upon

request, unless the owner, by law, is not permitted to possess such

property.

C. Except as otherwise provided for property that is pawned,

when money or property alleged to have been stolen or embezzled,

comes into the custody of a peace officer, the peace officer shall

hold it subject to the order of the magistrate authorized by Section

1322 of this title to direct the disposal thereof. Within fifteen

(15) days of the time the owner of the property is known, the peace

officer shall notify the owner of the property that the property is

Oklahoma Statutes - Title 22. Criminal Procedure Page 489

in the custody of the peace officer. The peace officer shall make a

good-faith effort to locate and notify the owner of the property.

If the peace officer has made a good-faith effort to locate and

notify the owner of the property and has been unable to locate or

notify the owner, the peace officer shall release the property to

the last person in possession of the property within fifteen (15)

days after the peace officer determines that an owner cannot be

located or notified, unless there is evidence that the person who

last had possession of the property is not a lawful possessor of the

property. Such officer may provide a copy of a nonownership

affidavit to the defendant to sign if the defendant is not claiming

ownership of the money or property taken from the defendant and if

the defendant has relinquished the right to remain silent. The

affidavit is not admissible in any proceeding to ascertain the guilt

or innocence of the defendant. A copy of this affidavit shall be

provided to the defendant, and a copy may be filed by the peace

officer with the court clerk. Upon request, a copy of this

affidavit shall be provided to any person claiming ownership of such

money or property. The owner of the property or designated

representative of the owner may make application to the magistrate

for the return of the property. The application shall be on a form

provided by the Administrative Director of the Courts and made

available through the court clerk or the victim-witness coordinator.

The court may charge the applicant a reasonable fee to defray the

cost of filing and docketing the application. Once an application

has been made and notice provided, the magistrate shall docket the

application for a hearing as provided in this section. Where notice

by publication is appropriate, the publication notice form shall be

provided free of charge to the applicant by the Administrative

Director of the Courts through the court clerk or the victim-witness

coordinator with instructions on how to obtain effective publication

notice. The applicant shall notify the last person in possession of

the property prior to the property being seized by the state of the

hearing by mailing a copy of the notice by certified mail return

receipt requested at the last-known address of the person, unless

the person has signed a nonownership affidavit pursuant to this

section disclaiming any ownership rights to the property. If the

last person in possession of the property is unable to be served

notice by certified mail, notice shall be provided by first-class

mail and by one publication in a newspaper of general circulation in

the county where the property is held in custody. The applicant

shall notify the district attorney and the court when notice has

been served to the last person in possession of the property or

published pursuant to this section. The hearing shall be held not

less than fifteen (15) days after the notice has been served or

published. Proof of service or publication shall be filed with the

court clerk before the hearing. For the sole purpose of conducting

Oklahoma Statutes - Title 22. Criminal Procedure Page 490

a due process hearing to establish ownership of the property,

"magistrate" as used in this section shall mean a judge of the

district court, associate district judge, special judge or the judge

of a municipal criminal court of record when established pursuant to

Section 28-101 et seq. of Title 11 of the Oklahoma Statutes.

D. If the magistrate determines that the property is needed as

evidence, the magistrate shall determine ownership or right of

possession and determine the procedure and time frame for future

release. The magistrate may order the release of property needed as

evidence pursuant to Section 1327 of this title, provided however,

the order may require the owner to present the property at trial.

The property shall be made available to the owner within twenty (20)

days of the court order for release. The magistrate may authorize

ten (10) days additional time for the return of the exhibit if the

district attorney shows cause that additional time is needed to

photograph or mark the exhibit.

E. If the property is not needed as evidence, it may be

released by the magistrate to the owner or designated representative

of the owner upon satisfactory proof of ownership or to the person

last in possession prior to seizure. The owner of the property or

designated representative of the owner may make application to the

magistrate for the return of the property. The owner shall provide

satisfactory proof of title to the property or sign an affidavit of

ownership if documents of title do not exist. If an affidavit of

ownership or affidavit of right of possession is used to establish

ownership or right of possession, the claimant may also be required

to sign an agreement to indemnify and defend the custodians of the

property in the event of an adverse claim to the property. The

applicant shall notify the last person in possession of the property

prior to such property being seized by the state of the hearing by

mailing a copy of the notice by certified mail return receipt

requested at the last-known address of the person, unless the person

has signed a nonownership affidavit pursuant to this section

disclaiming any ownership rights to the property. If the last

person in possession of the property is unable to be served notice

by certified mail, notice shall be provided by one publication in a

newspaper of general circulation in the county where the property is

held in custody. The applicant shall notify the district attorney

and the court when notice has been served to the last person in

possession of the property or published pursuant to this section.

The hearing shall be held not less than fifteen (15) days after the

notice has been served or published. An affidavit of service or

publication shall be filed with the court prior to the hearing.

F. The notice and hearing provisions of subsections C and E of

this section shall not be required for return of the property

specified in said subsections if:

Oklahoma Statutes - Title 22. Criminal Procedure Page 491

1. There is no dispute concerning the ownership of the

property;

2. The property is readily identifiable by the owner; and

3. The defendant has entered a plea of guilty or nolo

contendere to the criminal charge, has executed a nonownership

affidavit as provided by subsection C of this section or has been

personally notified that the property will be returned to the owner

and has failed to file an objection to such return within eleven

(11) days of being notified. The owner shall provide satisfactory

proof of title to the property or sign an affidavit of ownership or

right of possession to be provided by the peace officer. If an

affidavit of ownership or affidavit of right of possession is used

to establish ownership or right of possession, the claimant may also

be required to sign an agreement to indemnify and defend the

custodians of the property in the event of an adverse claim to the

property. The affidavit is not admissible in any proceeding to

ascertain the guilt or innocence of the defendant. A copy of this

affidavit shall be filed by the officer with the court clerk. The

property shall then be returned to the owner or person with right of

possession.

G. When property alleged to have been stolen comes into the

custody of a peace officer and the property is deemed to be

perishable, the peace officer shall take such action as appropriate

to temporarily preserve the property. However, within seventy-two

(72) hours of the time the property was recovered, the receiving

agency shall make application for a disposition hearing before a

magistrate, and the receiving agency shall notify by first-class

mail all persons known to have an interest in the property of the

date, time and place of the hearing.

H. In any case, the magistrate may, for good cause shown, order

any evidence or exhibit to be retained pending the outcome of any

appeal or action for postconviction relief.

I. Any time property comes into the custody of a municipality,

a county, or this state as a result of any contact with any peace

officer, criminal investigation or other situation where the return

of the property is prohibited by any municipal, state or federal law

or when the property has disputed ownership or multiple claimants,

the municipality, county or state shall advise the claimant to file

an application with the appropriate district court. Upon filing an

application for a hearing, the claimant shall provide notice by

first-class mail to all interested persons including the government

entity having custody of the property. The government entity having

custody of the property may also seek a hearing regarding the

disposition of the property. The hearing shall be scheduled not

less than fifteen (15) days after the notice is mailed. Unless the

property is being held in connection with a filed criminal charge,

the proceeding shall be considered a civil matter and shall be filed

Oklahoma Statutes - Title 22. Criminal Procedure Page 492

in the county where the property is being held. If a criminal

charge has been filed, the matter shall be heard by the judge who

has been assigned to the criminal case. At the hearing the court

shall make a judicial determination as to the proper and lawful

release or other disposition of the property. If the property at

issue is a firearm or other weapon, the court may order the property

destroyed if the court determines that the owner of the firearm or

weapon is mentally or emotionally unstable or disturbed or cannot

legally possess the firearm or weapon.

J. The application, notice and hearing provisions of subsection

I of this section shall include, but are not limited to, all

situations where the peace officer has reason to believe:

1. One of the persons asserting a right to the return of any

firearm or other weapon is or was mentally or emotionally unstable

or disturbed at the time the weapon was placed in custody or at the

time of the request for the return of the weapon;

2. One of the persons asserting a right to the return of a

firearm or other weapon is subject to a victim protection order that

would preclude the return of any weapon as a matter of law;

3. One of the persons asserting a right to the return of any

firearm or other weapon is under indictment or has been convicted of

a felony;

4. One of the persons asserting a right to the return of any

firearm or other weapon has a misdemeanor conviction for domestic

abuse as defined by law;

5. The ownership of the property is unclear due to multiple

claimants or disputes among heirs or next of kin for the property of

the deceased; or

6. The return of the property could subject the municipality,

the county, or this state to potential liability for its return.
Okla. Stat. tit. 22, § 22-330 — OK Code / Title 22 / Section 22-330
Discharge of grand jury
Status: in_force

On the completion of the business before the grand jury, or

completion of the statutory time limit for sessions of a grand jury,

or whenever the court shall be of the opinion that the public

interests will not be subserved by further continuance of the

session, the grand jury must be discharged, but whether the business

be completed or not they are discharged by the final adjournment of

the court, or by the judge of the district holding court in some

other county of the state, not within the judicial district in which

the grand jury is called.
Okla. Stat. tit. 22, § 22-1089.5 — OK Code / Title 22 / Section 22-1089.5
Preliminary hearing - Review of record in light most
Status: in_force

favorable to state.

In the event that the state appeals the ruling of the

preliminary hearing magistrate ordering a defendant discharged based

upon a finding of insufficiency of the evidence to establish that a

felony has been committed or insufficiency of the evidence to show

that there is probable cause to believe that the accused has

committed a felony, the assigned judge shall determine, based upon

the entire record developed before the magistrate, whether the

evidence, taken in the light most favorable to the state, is

sufficient to find that a felony crime has been committed and that

the defendant probably committed said crime.
Okla. Stat. tit. 22, § 22-124 — OK Code / Title 22 / Section 22-124
Offense committed in two counties
Status: in_force

When a public offense is committed, partly in one county and

partly in another county, or the acts or effects thereof,

constituting or requisite to the offense, occur in two or more

counties, the jurisdiction is in either county.
Okla. Stat. tit. 22, § 22-767 — OK Code / Title 22 / Section 22-767
When examination shall not proceed
Status: in_force

If the district attorney or other counsel appear on behalf of

the people, and it is shown to the satisfaction of the magistrate by

affidavit or other proof, or on examination of the witness, that he

is not about to leave the state, or is not sick or infirm, or that

the application was made to avoid the examination of the witness on

trial, or that the preliminary hearing was not terminated pursuant

to Section 258 of this title and that the witness is not refusing to

grant an interview to counsel, the examination cannot take place;

otherwise, it must proceed.

R.L. 1910, § 6031. Amended by Laws 1994, c. 292, § 11, eff. Sept.

1, 1994.
Okla. Stat. tit. 22, § 22-793 — OK Code / Title 22 / Section 22-793
Reading deposition on trial
Status: in_force

Depositions taken under a commission may be read in evidence by

either party on the trial upon it being shown that the witness is

unable to attend from any cause whatever, and the same objections

may be taken to a question in the interrogatories, or to the answers

in the deposition, as if the witness had been examined orally in

court.
Okla. Stat. tit. 22, § 22-662 — OK Code / Title 22 / Section 22-662
Cause for challenge must be stated - Form and entry of
Status: in_force

challenge - Juror not disqualified for having formed opinion, when.

In a challenge for implied bias, one or more of the causes

stated in the second preceding section must be alleged. In a

challenge for actual bias, the cause stated in the second

subdivision of the third preceding section must be alleged; but no

person shall be disqualified as a juror by reason of having formed

or expressed an opinion upon the matter or cause to be submitted to

such jury, founded upon rumor, statements in public journals, or

common notoriety, provided it appears to the court, upon his

declaration, under oath or otherwise, that he can and will,

notwithstanding such opinion, act impartially and fairly upon the

matters to be submitted to him. The challenge may be oral, but must

be entered upon the minutes of the court.
Okla. Stat. tit. 22, § 22-1141.24 — OK Code / Title 22 / Section 22-1141.24
Immunity from civil process
Status: in_force

A person brought into this state by, or after waiver of,

extradition based on a criminal charge shall not be subject to

service of personal process in civil actions arising out of the same

facts as the criminal proceedings to answer which he is being or has

been returned, until he has been convicted in the criminal

proceeding, or, if acquitted, until he has had reasonable

opportunity to return to the state from which he was extradited.
Okla. Stat. tit. 22, § 22-122 — OK Code / Title 22 / Section 22-122
Jurisdiction in case of death from duel outside state
Status: in_force

When an inhabitant or resident of this state, by previous

appointment or engagement, fights a duel, or is concerned as second

therein, out of the jurisdiction of this state, and in the duel a

wound is inflicted upon a person, whereof he dies in this state, the

jurisdiction of the offense is in the county where the death

happened.
Okla. Stat. tit. 22, § 22-988.2 — OK Code / Title 22 / Section 22-988.2
Definitions
Status: in_force

A. For purposes of the Oklahoma Community Sentencing Act:

Oklahoma Statutes - Title 22. Criminal Procedure Page 293

1. "Local community sentencing system" means the use of public

and private entities to deliver services to the sentencing court for

punishment of eligible offenders under the authority of a community

sentence;

2. "Community sentence" or "community punishment" means a

punishment imposed by the court as a condition of a deferred or

suspended sentence for an eligible offender;

3. "Continuum of sanctions" means a variety of coercive

measures ranked by degrees of public safety, punitive effect, and

cost benefit which are available to the sentencing judge as

punishment for criminal conduct;

4. "Community sentencing system planning council" or "planning

council" means a group of citizens and elected officials specified

by law or appointed by the Chief Judge of the Judicial District

which plans the local community sentencing system and with the

assistance of the Community Sentencing Division of the Department of

Corrections locates treatment providers and resources to support the

local community sentencing system;

5. "Incentive" means a court-ordered reduction in the terms or

conditions of a community sentence which is given for exceptional

performance or progress by the offender;

6. "Disciplinary sanction" means a court-ordered punishment in

response to a technical or noncompliance violation of a community

sentence which increases in intensity or duration with each

successive violation;

7. "Division" means the Community Sentencing Division within

the Department of Corrections which is the state administration

agency for the Oklahoma Community Sentencing Act, the statewide

community sentencing system, and all local community sentencing

systems;

8. "Eligible offender" means an offender who has been convicted

of or who has entered a plea other than not guilty to a crime and

who upon completion of a risk and needs assessment has been found to

be in a range other than the low range and who is not otherwise

prohibited by law, or is a person who has had an assessment

authorized by Section 3-704 of Title 43A of the Oklahoma Statutes

and the assessment recommends community sentencing. Provided,

however, that no person who has been convicted of or who has entered

a plea other than not guilty to an offense enumerated in paragraph 2

of Section 571 of Title 57 of the Oklahoma Statutes, as an exception

to the definition of "nonviolent offense", shall be eligible for a

community sentence or community punishment unless the district

attorney or an assistant district attorney for the district in which

the offender's conviction was obtained consents thereto. The

district attorney may consent to eligibility for an offender who has

a mental illness or a developmental disability or a co-occurring

mental illness and substance abuse disorder and who scores in the

Oklahoma Statutes - Title 22. Criminal Procedure Page 294

low range on the risk and needs assessment authorized by Section 3-

704 of Title 43A of the Oklahoma Statutes or another assessment

instrument if the offender is not otherwise prohibited by law. Any

consent by a district attorney shall be made a part of the record of

the case; and

9. "Statewide community sentencing system" means a network of

all counties through their respective local community sentencing

systems serving the state judicial system and offering support

services to each other through reciprocal and interlocal agreements

and interagency cooperation.

B. For the purposes of the Oklahoma Community Sentencing Act,

if a judicial district does not have a Chief Judge or if a judicial

district has more than one Chief Judge, the duties of the Chief

Judge provided for in the Oklahoma Community Sentencing Act shall be

performed by the Presiding Judge of the Judicial Administrative

District.
Okla. Stat. tit. 22, § 22-898 — OK Code / Title 22 / Section 22-898
Court during jury's retirement - Sealed verdicts - Final
Status: in_force

adjournment for term discharges jury.

While the jury are absent the court may adjourn from time to

time as to other business, but it is nevertheless deemed open for

any purpose connected with the cause submitted to them until verdict

is rendered or the jury discharged. If the jury agree on a verdict

during a temporary adjournment or recess of the court, they may,

upon the direction of the court, sign the verdict by their foreman,

securely seal the same in an envelope, and deliver the same to the

foreman, when they may separate until the next convening of the

court, at which time they shall reassemble in the jury room and

return their verdict in open court, when the same proceedings shall

be had as in case of other verdicts. A final adjournment of the

court for the term discharges the jury.
Okla. Stat. tit. 22, § 22-985.2 — OK Code / Title 22 / Section 22-985.2
Departures report
Status: in_force

The district court clerk of each county shall submit a report of

the departures in sentencing to the Clerk of the Court of Criminal

Appeals on or before the first day of February of each year. On or

before the first day of March of each year the Clerk of the Court of

Criminal Appeals shall make available, in digital electronic format

and on the website of the Oklahoma Court of Criminal Appeals, a

report as to the number of departures from mandatory minimum

sentences made by each judge in the state during the previous

calendar year.
Okla. Stat. tit. 22, § 22-356 — OK Code / Title 22 / Section 22-356
Jurisdictional limits - Investigations
Status: in_force

Nothing in the Multicounty Grand Jury Act shall be construed to

limit the jurisdiction of the county grand juries or district

attorneys nor shall an investigation by a multicounty grand jury be

preemptive of a previously instituted investigation by another grand

jury or agency having jurisdiction under the same subject matter

unless good cause is shown.
Okla. Stat. tit. 22, § 22-341 — OK Code / Title 22 / Section 22-341
Proceedings kept secret
Status: in_force

Every member of the grand jury must keep secret whatever he

himself or any other grand juror may have said or in what manner he

or any other grand juror may have voted on a matter before them.
Okla. Stat. tit. 22, § 22-1274 — OK Code / Title 22 / Section 22-1274
Informer to pay costs, when
Status: in_force

If any informer, under a penal statute, to whom the penalty, or

any part thereof, if recovered, is given, shall dismiss his suit or

prosecution, or fail in the same, he shall pay all costs accruing on

such suit or prosecution, unless he be an officer whose duty it is

to commence the same.
Okla. Stat. tit. 22, § 22-591 — OK Code / Title 22 / Section 22-591
Same jurors in both civil and criminal actions
Status: in_force

The jurors duly drawn and summoned for the trial of civil

actions may also be the jurors for the trial of criminal actions.

In any district court where an electronic jury management system is

implemented pursuant to Section 13 of this act, jurors may be

selected and summoned utilizing the automated functionality provided

in the jury management system. Whenever the court utilizes the

approved jury management system to randomly select and sequentially

order juror names during any step in the jury selection process, the

laws relating to the use of a jury wheel, and laws requiring paper

ballots drawn from a jury wheel or a shaken box, shall not apply,

including but not limited to those requirements set forth in

Sections 301 through 363 and Sections 591 through 693 of this title.

R.L. 1910, § 5825. Amended by Laws 2015, c. 242, § 3, emerg. eff.

May 4, 2015.
Okla. Stat. tit. 22, § 22-1302 — OK Code / Title 22 / Section 22-1302
Form of summons
Status: in_force

The summons must be in substantially the following form:

IN THE NAME OF THE STATE OF OKLAHOMA

To the (naming the corporation):

You are hereby summoned to appear before me at (naming the

place), on (specifying the day and hour), to answer to the charge

made against you, upon the information of A. B., or the presentment

offense generally.)

Justice of the peace (as the case may be.)
Okla. Stat. tit. 22, § 22-441 — OK Code / Title 22 / Section 22-441
Indictments - When and where transferred
Status: in_force

The grand jury of each county in the state is hereby empowered

and authorized to investigate all felonies and misdemeanors

committed in their respective jurisdictions; and upon the filing of

an indictment in the district court, which charges an offense over

which such court has no jurisdiction, the judge of such court shall

as soon as convenient, make an order transferring the same to such

inferior court as may have jurisdiction to try the offense therein

charged, stating in such order the cause transferred, and to what

court transferred.
Okla. Stat. tit. 22, § 22-171.2 — OK Code / Title 22 / Section 22-171.2
Determination of citizenship status of persons confined in jail - Verification of status -
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 4in jail - Verification of status - Presumption of flight risk.

A. When a person charged with a felony or with driving under

the influence pursuant to Section 11-902 of Title 47 of the Oklahoma

Statutes is confined, for any period, in the jail of the county, any

municipality or a jail operated by a regional jail authority, a

reasonable effort shall be made to determine the citizenship status

of the person so confined.

B. If the prisoner is a foreign national, the keeper of the

jail or other officer shall make a reasonable effort to verify that

the prisoner has been lawfully admitted to the United States and, if

lawfully admitted, that such lawful status has not expired. If

verification of lawful status cannot be made from documents in the

possession of the prisoner, verification shall be made within forty-

eight (48) hours through a query to the Law Enforcement Support

Center of the United States Department of Homeland Security or other

office or agency designated for that purpose by the United States

Department of Homeland Security. If the lawful immigration status

of the prisoner cannot be verified, the keeper of the jail or other

officer shall notify the United States Department of Homeland

Security.

Oklahoma Statutes - Title 22. Criminal Procedure Page 129

C. For the purpose of determining the grant of or issuance of

bond, it shall be a rebuttable presumption that a person whose

citizenship status has been verified pursuant to subsection B of

this section to be a foreign national who has not been lawfully

admitted to the United States is at risk of flight.
Okla. Stat. tit. 22, § 22-1175.3 — OK Code / Title 22 / Section 22-1175.3
Hearing - Date - Evidence - Orders - Examination of
Status: in_force

accused - Instructions to physician.

A. Upon filing of an application for determination of

competency, the court shall set a hearing date, which shall be as

soon as practicable, but at least one (1) day after service of

notice as provided by Section 1175.2 of this title.

B. The court shall hold a hearing on the date provided. At the

hearing, the court shall examine the application for determination

of competency to determine if it alleges facts sufficient to raise a

doubt as to the competency of the person. Any additional evidence

tending to create a doubt as to the competency of the person may be

presented at this hearing.

C. If the court finds there is no doubt as to the competency of

the person, it shall order the criminal proceedings to resume.

D. 1. a. If the court finds there is a doubt as to the

competency of the person, it shall order the person to

be examined by the Department of Mental Health and

Substance Abuse Services or by a qualified forensic

examiner designated by the Department to perform

competency examinations.

b. In addition, the Developmental Disabilities Services

Division and the Office of Public Guardian of the

Department of Human Services shall receive written

notice from the district attorney who filed the

Oklahoma Statutes - Title 22. Criminal Procedure Page 459

criminal petition, and be authorized by order of the

court to have a psychologist or other appropriate

clinician participate with professionals assigned by

any other public or private agency in any competency

evaluation where developmental or intellectual

disability may be involved. The psychologist or

clinician employed, by contract or otherwise, by the

Department of Human Services may issue a separate

opinion and recommendation to the court. In such

cases where intellectual disability may be involved,

the Office of Public Guardian shall have standing to

participate in any stage of the proceedings as deemed

necessary by the Office.

2. The person shall be examined by a qualified forensic

examiner on an outpatient basis prior to referral for any necessary

inpatient evaluation, as ordered by the court. The outpatient

examination may be conducted in the community, the jail or detention

facility where the person is held.

3. If the court determines that the person whose competency is

in question may be dangerous as defined in Section 1175.1 of this

title, it shall order the person retained in a secure facility until

the completion of the competency hearing provided in Section 1175.4

of this title. If the court determines the person may be dangerous

as defined in Section 1175.1 of this title because the individual is

a person requiring treatment as defined in Section 1-103 of Title

43A of the Oklahoma Statutes, it may commit the person to the

custody of the Department of Mental Health and Substance Abuse

Services or any other state agency or private facility for the

examination required by this subsection. The person shall be

required to undergo examination for a period of time sufficient for

the qualified forensic examiner or examiners to reach a conclusion

as to competency, and the court shall impose a reasonable time

limitation for such period of examination.

E. The qualified forensic examiner or examiners shall receive

instructions that they shall examine the patient to determine:

1. If the person is able to appreciate the nature of the

charges made against such person;

2. If the person is able to consult with the lawyer and

rationally assist in the preparation of the defense of such person;

3. If the person is unable to appreciate the nature of the

charges or to consult and rationally assist in the preparation of

the defense, whether the person can attain competency within a

reasonable period of time as defined in Section 1175.1 of this title

if provided with a course of treatment, therapy or training;

4. If the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes;

Oklahoma Statutes - Title 22. Criminal Procedure Page 460

5. If the person is incompetent because the person is

intellectually disabled as defined in Section 1408 of Title 10 of

the Oklahoma Statutes;

6. If the requirements of paragraphs 4 and 5 of this subsection

are not established, the reasoning for which the defendant is

otherwise incompetent; and

7. If the person were released, whether such person would

presently be dangerous as defined in Section 1175.1 of this title.

F. Upon completion of the competency evaluation, the Department

of Mental Health and Substance Abuse Services or qualified forensic

examiner designated by the Department to perform competency

examinations shall notify the court of its findings. If the person

is in the custody of the Department of Mental Health and Substance

Abuse Services, the person shall be returned to the court in the

customary manner within five (5) business days. If the person is

not returned within that time, the county in which the proceedings

are to be held shall pay the costs of maintaining the person at the

institution or facility for the period of time the person remains at

the institution or facility in excess of the five-day period.
Okla. Stat. tit. 22, § 22-503 — OK Code / Title 22 / Section 22-503
Defendant to plead in open court
Status: in_force

Both the demurrer and the plea must be put in open court, either

at the time of the arraignment or at such other time as may be

allowed to the defendant for that purpose.
Okla. Stat. tit. 22, § 22-664 — OK Code / Title 22 / Section 22-664
Trial of challenges
Status: in_force

All challenges, whether to the panel or to individual jurors

shall be tried by the court, without the aid of triers.
Okla. Stat. tit. 22, § 22-337 — OK Code / Title 22 / Section 22-337
Members to give evidence
Status: in_force

If a member of the grand jury knows, or has reason to believe,

that a public offense has been committed, which is triable in the

county or subdivision, he must declare the same to his fellow

jurors, who must thereupon investigate the same.
Okla. Stat. tit. 22, § 22-815 — OK Code / Title 22 / Section 22-815
Dismissal by court or on district attorney's application
Status: in_force

A. The court may either of its own motion or upon the

application of the district attorney, upon the furtherance of

justice, order an action or indictment to be dismissed; but in that

case the reasons of the dismissal must be set forth in the order,

which must be entered upon the minutes.

B. The district attorney may dismiss an action or indictment by

filing a notice of dismissal at any time prior to commencement of

the preliminary hearing in the case of a felony or, in the case of a

misdemeanor, prior to the matter being set for trial. Any

subsequent request for dismissal of an action or indictment by the

district attorney must be made pursuant to the provisions of

subsection A of this section. A defendant named in such action or

indictment shall not be required to pay the costs of that action

unless the court exercises its discretion and the parties agree.

R.L. 1910, § 6099. Amended by Laws 2016, c. 204, § 1, eff. Nov. 1,

2016; Laws 2022, c. 29, § 1, eff. Nov. 1, 2022.

Oklahoma Statutes - Title 22. Criminal Procedure Page 245
Okla. Stat. tit. 22, § 22-471.6 — OK Code / Title 22 / Section 22-471.6
Final eligibility hearing - Acceptance into program -
Status: in_force

Duration of participation - Costs and fees - Driving privileges.

A. The drug court judge shall conduct a hearing as required by

subsection F of Section 471.4 of this title to determine final

eligibility by considering:

1. Whether the offender voluntarily consents to the program

requirements;

Oklahoma Statutes - Title 22. Criminal Procedure Page 192

2. Whether 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 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 there is an appropriate treatment program available

to the offender and whether 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 or drug court team is unwilling to

accept the offender;

4. The offender does not meet the presumptive 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 193

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. The period of supervision may be extended by order of the

court for not more than six (6) months. No treatment dollars shall

be expended on the offender during the extended period of

supervision. If the court orders that the period of supervision

shall be extended, the drug court judge, district attorney, the

attorney for the offender and the supervising staff for the drug

court program shall evaluate the appropriateness of continued

supervision on a quarterly basis. 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 and deposit such costs and fees with the county treasurer in

Oklahoma Statutes - Title 22. Criminal Procedure Page 194

a drug court fund created and administered pursuant to subsection I

of Section 471.1 of this title. 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 until fully paid; provided, however, once the offender has

successfully completed the drug court program, the drug court judge

shall have the discretion to expressly waive all or part of the

costs and fees provided for in this subsection if, in the opinion of

the drug court judge, continued payment of the costs and fees by the

offender would create a financial hardship for the offender.

Offenders who have not fully paid all costs and fees pursuant to

court order but who have otherwise successfully completed the drug

court program shall not be counted as an active drug court

participant for purposes of drug court contracts or program

participant numbers.

I. Notwithstanding any other provision of law, if the driving

privileges of the offender have been suspended, revoked, canceled or

denied by Service Oklahoma and if the drug court judge determines

that no other means of transportation for the offender is available,

the drug court judge may enter a written order requiring Service

Oklahoma to stay any and all such actions against the Class D

driving privileges of the offender; provided, the stay shall not be

construed to grant driving privileges to an offender who has not

been issued a driver license by Service Oklahoma or whose Oklahoma

driver license has expired, in which case the offender shall be

required to apply for and be found eligible for a driver license,

pass all examinations, if applicable, and pay all statutory driver

license issuance or renewal fees. The offender shall provide proof

of insurance to the drug court judge prior to the judge ordering a

stay of any driver license suspension, revocation, cancellation or

denial. When a judge of a drug court enters a stay against an order

by Service Oklahoma suspending or revoking the driving privileges of

an offender, the time period set in the order by Service Oklahoma

for the suspension or revocation shall continue to run during the

stay. When an offender has successfully completed the drug court

program, the drug court judge shall maintain jurisdiction over the

offender’s driving privileges for one (1) year after the date on

which the offender graduates from the drug court program.

Oklahoma Statutes - Title 22. Criminal Procedure Page 195
Okla. Stat. tit. 22, § 22-1373.5 — OK Code / Title 22 / Section 22-1373.5
Results - Relief
Status: in_force

A. If the results of the forensic DNA testing conducted under

the provisions of the Postconviction DNA Act are favorable to the

petitioner, the court shall schedule a hearing to determine the

appropriate relief to be granted. Based on the results of the

testing and any other evidence presented at the hearing, the court

shall thereafter enter any order that serves the interests of

justice including, but not limited to, any of the following:

1. An order setting aside or vacating the judgment of

conviction, judgment of not guilty by reason of mental disease or

defect or adjudication of delinquency;

2. An order granting the petitioner a new trial or fact-finding

hearing;

3. An order granting the petitioner a new commitment hearing or

dispositional hearing;

4. An order discharging the petitioner from custody;

5. An order specifying the disposition of any evidence that

remains after the completion of the testing;

6. An order granting the petitioner additional discovery on

matters related to the DNA test results on the conviction or

sentence under scrutiny including, but not limited to, documents

pertaining to the original criminal investigation or the identities

of other suspects; or

7. An order directing the state to place any unidentified DNA

profile or profiles obtained from postconviction DNA testing into

Oklahoma or federal databases as allowed within applicable state and

federal laws.

B. If the court issues an order setting aside or vacating the

judgment of conviction and dismisses the case with prejudice, a copy

of the order indicating the individual has been exonerated through

DNA testing shall be submitted to the Oklahoma State Bureau of

Investigation in accordance with the requirements of Section 150.12

of Title 74 of the Oklahoma Statutes.

C. If the results of the tests are not favorable to the

petitioner, the court shall:

1. Dismiss the motion; and

2. Make such further orders as the court deems appropriate,

including an order that:

a. requires the DNA test results be provided to the

Pardon and Parole Board or Department of Corrections,

or

b. requests the DNA profile of the petitioner be added to

the convicted offender index database of the OSBI

Combined DNA Index System (CODIS) Database as provided

by law.

Oklahoma Statutes - Title 22. Criminal Procedure Page 535
Okla. Stat. tit. 22, § 22-1077 — OK Code / Title 22 / Section 22-1077
Bail allowable
Status: in_force

Bail on appeal shall be allowed on appeal from a judgment of

conviction of a misdemeanor, or in felony cases where the punishment

is a fine only, and when made and approved shall stay the execution

of such judgment. Bail on appeal after April 17, 1969, shall not be

allowed after conviction of any of the following offenses:

1. Murder in any degree;

2. Kidnapping for purpose of extortion;

3. Robbery with a dangerous weapon;

4. Rape in any degree;

Oklahoma Statutes - Title 22. Criminal Procedure Page 369

5. Arson in the first degree;

6. Shooting with intent to kill;

7. Manslaughter in the first degree;

8. Forcible sodomy;

9. Any felony conviction for which the evidence shows that the

defendant used or was in possession of a firearm or other dangerous

or deadly weapon during the commission of the offense;

10. Trafficking in illegal drugs;

11. Manufacturing a controlled dangerous substance;

12. Abuse against an intimate partner as defined by Section

60.1 of this title;

13. Abuse of a child;

14. Sexual abuse of a child; or

15. Any other felony after former conviction of a felony.

The granting or refusal of bail after judgment of conviction in

all other felony cases shall rest in the discretion of the court;

provided, however, if bail is allowed, the trial court shall state

the reason for granting bail.
Okla. Stat. tit. 22, § 22-857 — OK Code / Title 22 / Section 22-857
Jury after the charge
Status: in_force

After hearing the charge, the jury may either decide in court,

or may retire for deliberation. If they do not agree without

retiring, one or more officers must be sworn to keep them together

in some private and convenient place, and not to permit any person

to speak to or communicate with them, nor do so themselves, unless

it be by order of the court, or to ask them whether they have agreed

upon a verdict, and to return them into court when they have so

agreed, or when ordered by the court.

R.L. 1910, § 5906. Amended by Laws 1997, c. 133, § 17, eff. July 1,

1999; Laws 1998, 1st Ex.Sess., c. 2, § 13, emerg. eff. June 19,

1998; Laws 1999, 1st Ex.Sess., c. 5, § 8, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 17 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 22, § 22-638 — OK Code / Title 22 / Section 22-638
Trial of challenge
Status: in_force

Upon the trial of the challenge, the officers, whether judicial

or ministerial, whose irregularity is complained of, as well as any

other persons, may be examined to prove or disprove the facts

alleged as the ground of challenge.
Okla. Stat. tit. 22, § 22-836 — OK Code / Title 22 / Section 22-836
Defendant presumed innocent - Reasonable doubt of guilt
Status: in_force

requires acquittal.

A defendant in a criminal action is presumed to be innocent

until the contrary is proved, and in case of a reasonable doubt as

to whether his guilt is satisfactorily shown, he is entitled to be

acquitted.
Okla. Stat. tit. 22, § 22-719 — OK Code / Title 22 / Section 22-719
Persons held as material witnesses to be informed of
Status: in_force

constitutional rights - Fees.

Whenever any person shall be taken into custody by any law

enforcement officer to be held as a material witness in any criminal

investigation or proceeding, he shall, if not sooner released, be

taken before a judge of the district court without unnecessary delay

and said judge of the district court shall immediately inform him of

his constitutional rights including the reason he is being held in

custody, his right to the aid of counsel in every stage of the

proceedings, and of his right to be released from custody upon

entering into a written undertaking in the manner provided by law. A

witness who is held in custody pursuant to the provisions hereof

shall be kept separately and apart from any person, or persons,

being held in custody because of being accused of committing a

crime. A witness who desires aid of counsel and is unable to obtain

aid of counsel by reason of poverty shall be by the court provided

counsel at the expense of the court fund of the county. During the

time a witness is in custody he shall receive the witness fee

provided by law for witnesses in criminal cases.
Okla. Stat. tit. 22, § 22-1089.1 — OK Code / Title 22 / Section 22-1089.1
State may appeal certain adverse rulings or orders
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 379

The State of Oklahoma, by and through the district attorney or

Attorney General, shall have the right to appeal an adverse ruling

or order of a magistrate sustaining a motion to suppress evidence,

quashing an information, sustaining a plea to the jurisdiction of

the court, failing to find prosecutive merit in a hearing pursuant

to Section 2-2-403 of Title 10A of the Oklahoma Statutes, sustaining

a demurrer to the information, binding the defendant over for trial

on a charge other than the charge for the original offense, or

discharging a defendant at the preliminary examination because of

insufficiency of the evidence to establish either that a crime has

been committed or that there is probable cause to believe that the

accused has committed a felony. Such an appeal shall be taken in

accordance with the procedures provided in this act.
Okla. Stat. tit. 22, § 22-345 — OK Code / Title 22 / Section 22-345
Restrictions on sessions before and after elections
Status: in_force

No grand jury shall be convened or remain in session during a

period beginning thirty (30) days before any Primary, Runoff

Primary, or General Election, for state or county offices, and

Oklahoma Statutes - Title 22. Criminal Procedure Page 164

ending ten (10) days after such Primary, Runoff Primary, or General

Election. Any grand jury in session at the commencement of any such

period shall be discharged forthwith. The provisions of this

section shall not apply to a multicounty grand jury convened

pursuant to the Multicounty Grand Jury Act, Section 350 et seq. of

this title.
Okla. Stat. tit. 22, § 22-661 — OK Code / Title 22 / Section 22-661
Right of exemption from service not cause for challenge
Status: in_force

An exemption from service on a jury is not a cause of challenge,

but the privilege of the person exempted.

R.L. 1910, § 5860.
Okla. Stat. tit. 22, § 22-988.20 — OK Code / Title 22 / Section 22-988.20
Disciplinary sanctions or incentives
Status: in_force

A. Upon proper motion to the court to modify a community

sentence as provided in Section 988.19 of this title, the court

shall have authority to impose disciplinary sanctions or incentives.

An order for a disciplinary sanction shall not modify the terms of

the original sentence and shall be imposed only to gain compliance

with the terms of the court-ordered community punishment. The court

may order any community punishment available and funded in the

jurisdiction that is deemed appropriate by the court for the

circumstance including but not limited to a term of imprisonment

specified in Section 991b of this title per motion for modification

in either:

1. The county jail;

2. A residential treatment facility;

3. A restrictive housing facility; or

4. A halfway house.

When the offender is to be confined, the sheriff shall, upon order

of the court, deliver the offender to the designated place of

confinement, provided the place of confinement has an agreement for

confinement services with the local community sentencing system or

is the county jail. The sheriff shall be reimbursed by the local

community sentencing system for transporting offenders pursuant to

this subsection. The offender shall be given day-for-day credit for

any terms of incarceration served in the county jail or other

restrictive facility when the sentence is modified.

B. The court may, through a standing court order, provide for

specific sanctions and incentives which may be utilized by the local

administrator upon notification to the court.

C. When a motion for modification has been filed pursuant to

Section 988.19 of this title, the court shall have authority to

offer incentives to offenders to encourage proper conduct in the

community and for compliance with the community punishments. The

court shall use its discretion in ordering appropriate incentives.

Incentives shall be considered a reduction and modification to the

community punishment and may be ordered after the motion to modify

has been heard.

D. Notwithstanding any other provision of law, if the driving

privileges of the offender have been suspended, revoked, canceled,

or denied by Service Oklahoma for any reason other than a conviction

for reckless driving or driving under the influence pursuant to

Section 11-901, 11-902, or 11.906.4 of Title 47 of the Oklahoma

Statutes, and if the court determines that no other means of

transportation for the offender participating in the community

sentencing program is available, the court may enter a written order

requiring Service Oklahoma to stay any and all such actions against

the Class D driving privileges of the offender. Such stay shall not

Oklahoma Statutes - Title 22. Criminal Procedure Page 313

be construed to grant driving privileges to an offender who has not

been issued a driver license by Service Oklahoma or whose Oklahoma

driver license has expired, in which case the offender shall be

required to apply for and be found eligible for a driver license,

pass all examinations, if applicable, and pay all statutory driver

license issuance or renewal fees. The offender shall provide proof

of insurance to the court prior to an order for a stay of any driver

license suspension, revocation, cancellation, or denial. When a

court enters a stay against an order by Service Oklahoma suspending

or revoking the driving privileges of an offender who is

participating in the community sentencing program, the time period

set in the order by Service Oklahoma for the suspension or

revocation shall continue to run during the stay. When an offender

has successfully completed the community sentencing program, the

court shall determine if he or she will maintain jurisdiction over

the offender’s driving privileges for one (1) year after the date on

which the offender graduates from the program.

E. When any offender is disciplined by the court as authorized

by this section and is to be imprisoned in the county jail or other

restrictive facility, the sheriff or facility administrator shall

receive compensation as provided by their agreement with the local

community sentencing system, or the sheriff or facility

administrator shall be paid directly for the services by the

offender when ordered to pay for the confinement as part of the

disciplinary sanction. In no event shall any compensation for

disciplinary confinement exceed the maximum amount provided for

county jail confinement in Section 38.1 of Title 57 of the Oklahoma

Statutes.

F. The Department of Corrections is prohibited from accepting

offenders into any state penitentiary for disciplinary sanctions.
Okla. Stat. tit. 22, § 22-111 — OK Code / Title 22 / Section 22-111
Creation - Staff
Status: in_force

Each district attorney shall create within his office a Bogus

Check Restitution Program and assign sufficient staff and resources

for the efficient operation of said program.
Okla. Stat. tit. 22, § 22-926.1 — OK Code / Title 22 / Section 22-926.1
Assessment of punishment by jury
Status: in_force

In all cases of a verdict of conviction for any offense against

any of the laws of the State of Oklahoma, the jury may, and shall

upon the request of the defendant assess and declare the punishment

in their verdict within the limitations fixed by law, and the court

shall render a judgment according to such verdict, except as

hereinafter provided.
Okla. Stat. tit. 22, § 22-984.1 — OK Code / Title 22 / Section 22-984.1
Renumbered as § 142A-8 of Title 21 by Laws 2010, c. 135,
Status: in_force

§ 19, eff. Nov. 1, 2010.
Okla. Stat. tit. 22, § 22-324 — OK Code / Title 22 / Section 22-324
Oath to foreman
Status: in_force

The following oath must be administered to the foreman of the

grand jury:

You, as foreman of this grand jury, shall diligently inquire

into, and true presentment make, of all public offenses against this

state, committed or triable within this county (or subdivisions), of

which you shall have or can obtain legal evidence. You will keep

your own counsel, and that of your fellows, and of the state, and

will not, except when required in the due course of judicial

proceedings, disclose the testimony of any witness examined before

you, nor anything which you or any other grand juror may have said,

nor the manner in which you or any other grand juror may have voted

on any matter before you. You shall present no person through

malice, hatred, or ill will, nor leave any unpresented through fear,

favor or affection, or for any reward, or the promise or hope

thereof; but in all your presentments, or indictments, you shall

present the truth, the whole truth, and nothing but the truth,

according to the best of your skill and understanding. So help you

God.
Okla. Stat. tit. 22, § 22-60.30 — OK Code / Title 22 / Section 22-60.30
Integrated domestic violence docket pilot program
Status: in_force

Beginning on January 1, 2016, the Administrative Office of the

Courts shall administer a five-year pilot program in any county with

a population exceeding five hundred thousand (500,000), which may

consist of implementation of an Integrated Domestic Violence Docket

to combine, where appropriate, proceedings related to divorce, child

custody, domestic violence, protective orders, and criminal and

juvenile court cases.
Okla. Stat. tit. 22, § 22-622 — OK Code / Title 22 / Section 22-622
Several defendants - Challenges
Status: in_force

When several defendants are tried together they cannot sever

their challenges, but must join therein.
Okla. Stat. tit. 22, § 22-988.21 — OK Code / Title 22 / Section 22-988.21
Earned credits
Status: in_force

Any law directing earned credits during periods of imprisonment

or otherwise, including Sections 20, 58.3, 138, 138.1 and 224 of

Title 57 of the Oklahoma Statutes and Section 615 of Title 69 of the

Oklahoma Statutes, shall not be applicable to persons sentenced to a

community sentence pursuant to the provisions of the Oklahoma

Community Sentencing Act. Day-for-day credits for any term of

incarceration served as part of a community punishment shall be

given to offenders who have community sentences revoked to county

jail or state prison and also shall be given when a community

sentence is modified.
Okla. Stat. tit. 22, § 22-331 — OK Code / Title 22 / Section 22-331
General powers and duties of grand jury
Status: in_force

The grand jury has power to inquire into all public offenses

committed or triable in the county or subdivision, and to present

them to the court, by indictment or accusation in writing.
Okla. Stat. tit. 22, § 22-412 — OK Code / Title 22 / Section 22-412
Pleading a judgment
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 174

In pleading a judgment or other determination of, or proceeding

before a court or officer of special jurisdiction it is not

necessary to state the facts conferring jurisdiction; but the

judgment or determination may be stated to have been duly given or

made. The facts constituting jurisdiction, however, must be

established on the trial.
Okla. Stat. tit. 22, § 22-504.1 — OK Code / Title 22 / Section 22-504.1
Motion to quash for insufficient evidence - Proof - Setting aside of indictment or
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 8Setting aside of indictment or information - Double jeopardy -

Denial of motion.

A. In addition to a demurrer to the indictment or information,

as provided in Section 504 of Title 22 of the Oklahoma Statutes, the

defendant may file a motion to quash for insufficient evidence in

felony cases after preliminary hearing. The defendant must

establish beyond the face of the indictment or information that

there is insufficient evidence to prove any one of the necessary

elements of the offense for which the defendant is charged.

B. The motion to quash for insufficient evidence must be set

for hearing on a day certain at the time it is made and notice shall

be provided to all parties.

C. The indictment or information must be set aside by the

court, in which the defendant is formally arraigned, if judgment for

the defendant on a motion to quash for insufficient evidence beyond

the face of the information is granted.

D. An order to set aside an indictment or information on

judgment for the defendant on a motion to quash for insufficient

evidence, as provided in this section, shall not be a bar to a

further prosecution for the same offense. A denial of the motion to

quash is not a final order from which a defendant may appeal.
Okla. Stat. tit. 22, § 22-339 — OK Code / Title 22 / Section 22-339
Access to prisons and records
Status: in_force

They are also entitled to free access at all reasonable times, to

public prisons, and to the examination, without charge, of all

public records in the county.

R.L. 1910, § 5725.
Okla. Stat. tit. 22, § 22-1348 — OK Code / Title 22 / Section 22-1348
Enforcement of agreement
Status: in_force

All courts, departments, agencies, officers and employees of the

United States and of the State of Oklahoma are hereby directed to

enforce the agreement on detainers and to cooperate with one another

Oklahoma Statutes - Title 22. Criminal Procedure Page 509

and with all party states in enforcing the agreement and

effectuating its purpose.
Okla. Stat. tit. 22, § 22-468 — OK Code / Title 22 / Section 22-468
Proceedings where another name given
Status: in_force

If he alleges that another name is his true name, the court must

direct an entry thereof in the minutes of the arraignment, and the

subsequent proceedings on the indictment or information may be had

against him by that name, referring also to the name by which he is

indicted or informed against.
Okla. Stat. tit. 22, § 22-631 — OK Code / Title 22 / Section 22-631
Panel defined
Status: in_force

The panel is a list of jurors returned by a sheriff, to serve at

a particular court or for the trial of a particular action.
Okla. Stat. tit. 22, § 22-853.1 — OK Code / Title 22 / Section 22-853.1
Jurors - Protective orders
Status: in_force

The court, for good cause shown, upon motion of either party or

any affected person or upon its own initiative, may issue a

protective order for a stated period regulating disclosure of the

identity and the business or residential address of any prospective

or sworn juror to any person or persons, other than to counsel for

either party. Such good cause shall exist in civil or criminal

proceedings where the court determines that there is a likelihood of

bribery, jury tampering, or of physical injury or harassment of the

juror.
Okla. Stat. tit. 22, § 22-847 — OK Code / Title 22 / Section 22-847
Disposition of prisoner where defendant not arrested on
Status: in_force

warrant from proper county.

Oklahoma Statutes - Title 22. Criminal Procedure Page 249

If the defendant is not arrested on a warrant from the proper

county, he must be discharged from custody, or his bail in the

action be exonerated, or money deposited instead of bail refunded,

as the case may be, and the sureties in the undertaking as mentioned

in the last section, must be discharged.
Okla. Stat. tit. 22, § 22-60.18 — OK Code / Title 22 / Section 22-60.18
Expungement of victim protective orders
Status: in_force

A. Persons authorized to file a motion for expungement of

victim protective orders (VPOs) issued pursuant to the Protection

from Domestic Abuse Act in this state must be within one of the

following categories:

1. An ex parte order was issued to the plaintiff but later

terminated due to dismissal of the petition before the full hearing,

or denial of the petition upon full hearing, or failure of the

plaintiff to appear for full hearing, and at least ninety (90) days

have passed since the date set for full hearing;

2. The plaintiff filed an application for a victim protective

order and failed to appear for the full hearing and at least ninety

(90) days have passed since the date last set by the court for the

full hearing, including the last date set for any continuance,

postponement or rescheduling of the hearing;

3. The plaintiff or defendant has had the order vacated and

three (3) years have passed since the order to vacate was entered;

or

4. The plaintiff or defendant is deceased.

B. For purposes of this section:

1. “Expungement” means the sealing of victim protective order

(VPO) court records from public inspection, but not from law

enforcement agencies, the court or the district attorney;

2. “Plaintiff” means the person or persons who sought the

original victim protective order (VPO) for cause; and

3. “Defendant” means the person or persons to whom the victim

protective order (VPO) was directed.

C. 1. Any person qualified under subsection A of this section

may petition the district court of the district in which the

Oklahoma Statutes - Title 22. Criminal Procedure Page 104

protective order pertaining to the person is located for the

expungement and sealing of the court records from public inspection.

The face of the petition shall state whether the defendant in the

protective order has been convicted of any violation of the

protective order and whether any prosecution or complaint is pending

in this state or any other state for a violation or alleged

violation of the protective order that is sought to be expunged.

The petition shall further state the authority pursuant to

subsection A of this section for eligibility for requesting the

expungement. The other party to the protective order shall be

mailed a copy of the petition by certified mail within ten (10) days

of filing the petition. A written answer or objection may be filed

within thirty (30) days of receiving the notice and petition.

2. Upon the filing of a petition, the court shall set a date

for a hearing and shall provide at least a thirty-day notice of the

hearing to all parties to the protective order, the district

attorney, and any other person or agency whom the court has reason

to believe may have relevant information related to the sealing of

the victim protective order (VPO) court record.

3. Without objection from the other party to the victim

protective order (VPO) or upon a finding that the harm to the

privacy of the person in interest or dangers of unwarranted adverse

consequences outweigh the public and safety interests of the parties

to the protective order in retaining the records, the court may

order the court record, or any part thereof, to be sealed from

public inspection. Any order entered pursuant to this section shall

not limit or restrict any law enforcement agency, the district

attorney or the court from accessing said records without the

necessity of a court order. Any order entered pursuant to this

subsection may be appealed by any party to the protective order or

by the district attorney to the Oklahoma Supreme Court in accordance

with the rules of the Oklahoma Supreme Court.

4. Upon the entry of an order to expunge and seal from public

inspection a victim protective order (VPO) court record, or any part

thereof, the subject official actions shall be deemed never to have

occurred, and the persons in interest and the public may properly

reply, upon any inquiry in the matter, that no such action ever

occurred and that no such record exists with respect to the persons.

5. Inspection of the protective order court records included in

the expungement order issued pursuant to this section may thereafter

be permitted only upon petition by the persons in interest who are

the subjects of the records, or without petition by the district

attorney or a law enforcement agency in the due course of

investigation of a crime.

6. Employers, educational institutions, state and local

government agencies, officials, and employees shall not require, in

any application or interview or otherwise, an applicant to disclose

Oklahoma Statutes - Title 22. Criminal Procedure Page 105

any information contained in sealed protective order court records.

An applicant need not, in answer to any question concerning the

records, provide information that has been sealed, including any

reference to or information concerning the sealed information and

may state that no such action has ever occurred. The application

may not be denied solely because of the refusal of the applicant to

disclose protective order court records information that has been

sealed.

7. The provisions of this section shall apply to all protective

order court records existing in the district courts of this state

on, before and after the effective date of this section.

8. Nothing in this section shall be construed to authorize the

physical destruction of any court records, except as otherwise

provided by law for records no longer required to be maintained by

the court.

9. For the purposes of this section, sealed materials which are

recorded in the same document as unsealed material may be recorded

in a separate document, and sealed, then obliterated in the original

document.

10. For the purposes of this act, district court index

reference of sealed material shall be destroyed, removed or

obliterated.

11. Any record ordered to be sealed pursuant to this section

may be obliterated or destroyed at the end of the ten-year period.

12. Nothing herein shall prohibit the introduction of evidence

regarding actions sealed pursuant to the provisions of this section

at any hearing or trial for purposes of impeaching the credibility

of a witness or as evidence of character testimony pursuant to

Section 2608 of Title 12 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-1373.6 — OK Code / Title 22 / Section 22-1373.6
Agreement to conduct testing
Status: in_force

A. The filing of a motion for postconviction DNA testing shall

not be required if both the state and the convicted person consent

and agree to conduct postconviction DNA testing.

B. Notwithstanding any other provision of law governing

postconviction relief, if DNA test results obtained under testing

conducted upon consent of the parties are favorable to the convicted

person, the convicted person may file and the court shall adjudicate

an order pursuant to Section 6 of this act for postconviction relief

based on the DNA test results.
Okla. Stat. tit. 22, § 22-202 — OK Code / Title 22 / Section 22-202
Arrest by private person
Status: in_force

A private person may arrest another:

1. For a public offense committed or attempted in his presence.

2. When the person arrested has committed a felony although not

in his presence.

3. When a felony has been in fact committed, and he has

reasonable cause for believing the person arrested to have committed

it.
Okla. Stat. tit. 22, § 22-501 — OK Code / Title 22 / Section 22-501
Setting aside indictment or information not a bar
Status: in_force

An order to set aside an indictment or information as provided

in this article is no bar to a further prosecution for the same

offense.
Okla. Stat. tit. 22, § 22-519 — OK Code / Title 22 / Section 22-519
Plea of not guilty, evidence under
Status: in_force

All matters of fact tending to establish a defense other than

specified in third subdivision of Section 5710 may be given in

evidence under the plea of not guilty.
Okla. Stat. tit. 22, § 22-1183 — OK Code / Title 22 / Section 22-1183
Requisites of accusation
Status: in_force

The accusation must state the offense charged, in ordinary and

concise language, without repetition, and in such manner as to

enable a person of common understanding to know what is intended.
Okla. Stat. tit. 22, § 22-1185 — OK Code / Title 22 / Section 22-1185
Defendant to appear
Status: in_force

The defendant must appear at the time appointed in the notice,

and answer the accusation, unless, for sufficient cause, the court

assigns another day for that purpose. If he do not appear, the

court may proceed to hear and determine the accusation in his

absence.
Okla. Stat. tit. 22, § 22-72 — OK Code / Title 22 / Section 22-72
Definitions
Status: in_force

As used in this section:

1. "Another" means a person other than the pregnant woman;

2. "Deadly force" means force which, under the circumstances in

which it is used, is readily capable of causing death or serious

physical harm;

3. "Force" means violence, compulsion, or constraint exerted

upon or against another;

4. "Embryo" means a human embryo as defined in Section 1-728.1

of Title 63 of the Oklahoma Statutes;

5. "Pregnant" means the female reproductive condition of having

an unborn child in the woman’s body;

6. "Unborn child" means the offspring of human beings from

conception until birth; and

Oklahoma Statutes - Title 22. Criminal Procedure Page 112

7. "Unlawful force" means force which is employed without the

consent of the pregnant woman and which constitutes an offense under

the criminal laws of this state or an actionable tort.
Okla. Stat. tit. 22, § 22-979a — OK Code / Title 22 / Section 22-979a
Payment of jail costs by inmate
Status: in_force

A. The court shall require a person who is actually received

into custody at a jail facility or who is confined in a city or

county jail or holding facility, for any offense, to pay the jail

facility or holding facility the costs of incarceration, both before

and after conviction, upon conviction or receiving a deferred

sentence. The costs of incarceration shall be collected by the

clerk of the court as provided for collection of other costs and

fines, which shall be subject to review under the procedures set

forth in Section VIII of the Rules of the Oklahoma Court of Criminal

Appeals, Chapter 18, Appendix of this title. Costs of incarceration

shall include booking, receiving and processing out, housing, food,

clothing, medical care, dental care, and psychiatric services. The

costs for incarceration shall be an amount equal to the actual cost

of the services and shall be determined by the chief of police for

Oklahoma Statutes - Title 22. Criminal Procedure Page 267

city jails and holding facilities, by the county sheriff for county

jails or by contract amount, if applicable. In the event a person

requires emergency medical treatment for an injury or condition that

threatens life or threatens the loss or use of a limb prior to being

actually received into the custody of any jail facility, the

provisions of Section 533 of Title 21 of the Oklahoma Statutes shall

apply to taking custody, medical care and cost responsibility. The

cost of incarceration shall be paid by the court clerk, when

collected, to the municipality, holding facility, county or other

public entity responsible for the operation of such facility where

the person was held at any time. Except for medical costs, ten

percent (10%) of any amount collected by the court clerk shall be

paid to the municipal attorney’s or district attorney’s office, and

the remaining amount shall be paid to the municipality, the

sheriff’s service fee account or, if the sheriff does not operate

the jail facility, the remaining amount shall be deposited with the

public entity responsible for the operation of the jail facility

where the person was held at any time. The court shall order the

defendant to reimburse all actual costs of incarceration, upon

conviction or upon entry of a deferred judgment and sentence unless

the defendant is a mentally ill person as defined by Section 1-103

of Title 43A of the Oklahoma Statutes. The sheriff shall give

notice to the defendant of the actual costs owed before any court-

ordered costs are collected. The defendant shall have an

opportunity to object to the amount of costs solely on the grounds

that the number of days served is incorrect. If no objection is

made, the costs may be collected in the amount stated in the notice

to the defendant. The sheriff, municipality or other public entity

responsible for the operation of the jail may collect costs of

incarceration ordered by the court from the jail account of the

inmate. If the funds collected from the jail account of the inmate

are insufficient to satisfy the actual incarceration costs ordered

by the court, the sheriff, municipality or other public entity

responsible for the operation of the jail is authorized to collect

the remaining balance of the incarceration costs by civil action.

When the sheriff, municipality or other public entity responsible

for the operation of the jail collects any court-ordered

incarceration costs from the jail account of the inmate or by

criminal or civil action, the court clerk shall be notified of the

amount collected.

B. Except as may otherwise be provided in Section 533 of Title

21 of the Oklahoma Statutes, any offender receiving routine or

emergency medical services or medications or injured during the

commission of a felony or misdemeanor offense and administered any

medical care shall be required to reimburse the sheriff,

municipality or other public entity responsible for the operation of

the jail, the full amount paid by the sheriff, municipality or other

Oklahoma Statutes - Title 22. Criminal Procedure Page 268

public entity responsible for the operation of the jail for any

medical care or treatment administered to such offender during any

period of incarceration or when the person was actually received

into custody for any reason in that jail facility. The sheriff,

municipality or other public entity responsible for the operation of

the jail may deduct the costs of medical care and treatment as

authorized by Section 531 of Title 19 of the Oklahoma Statutes. If

the funds collected from the jail account of the inmate are

insufficient to satisfy the actual medical costs paid, the sheriff,

municipality or other public entity responsible for the operation of

the jail shall be authorized to collect the remaining balance of the

medical care and treatment by civil actions.

C. Costs of incarceration shall be a debt of the inmate owed to

the municipality, county, or other public entity responsible for the

operation of the jail and may be collected as provided by law for

collection of any other civil debt or criminal penalty.

D. The court shall not waive the costs of incarceration in

their entirety. However, if the court determines that a reduction

in the fine, costs, and costs of incarceration is warranted, the

court shall equally apply the same percentage reduction to the fine,

costs, and costs of incarceration owed by the defendant.
Okla. Stat. tit. 22, § 22-423 — OK Code / Title 22 / Section 22-423
Forgery, misdescription of forged instrument immaterial,
Status: in_force

when.

When an instrument, which is the subject of an indictment or

information for forgery, has been destroyed or withheld by the act

or procurement of the defendant, and the fact of the destruction or

withholding is alleged in the indictment or information and

established on the trial, the misdescription of the instrument is

immaterial.
Okla. Stat. tit. 22, § 22-507 — OK Code / Title 22 / Section 22-507
Ruling on demurrer
Status: in_force

Upon considering the demurrer, the court must give judgment

either sustaining or overruling it, and an order to that effect must

be entered upon the minutes.
Okla. Stat. tit. 22, § 22-1191 — OK Code / Title 22 / Section 22-1191
Method of trial
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 473

The trial must be by jury and conducted in all respects in the

same manner as the trial of an indictment for a misdemeanor.
Okla. Stat. tit. 22, § 22-1355.4 — OK Code / Title 22 / Section 22-1355.4
Executive Director
Status: in_force

A. The chief executive officer of the Oklahoma Indigent Defense

System shall be the Executive Director, who shall be appointed by

the Board and serve at the pleasure of the Board. The Executive

Director shall be an attorney who has practiced law for at least

four (4) years preceding the appointment and who is licensed to

practice law in this state or is eligible to become so licensed

within one (1) year of the appointment. The Executive Director

shall have experience in the representation of persons accused or

convicted of crimes.

B. The Executive Director shall perform administrative

functions which serve the Board.

C. The Executive Director shall have the following powers and

duties:

1. To prepare and administer an annual budget approved by the

Board and to process claims for the System;

2. To enter into contracts to provide counsel in cases in which

the defendant is indigent and unable to employ counsel, to enter

Oklahoma Statutes - Title 22. Criminal Procedure Page 512

into contracts with individuals, educational institutions, or state

or federal agencies for other purposes, and to approve or disapprove

the provisions of any such contract;

3. To review and approve or disapprove claims for expenditures

of monies;

4. To take such actions as shall strengthen the criminal

justice system in this state;

5. To promote the education and training of all attorneys

representing indigent criminal defendants including, subject to

available funding, nationally recognized defense seminars and

evidence-based practices regarding behavioral health and treatment

of defendants with substance abuse or mental health needs;

6. To maintain and improve effective representation for the

indigent criminal defendant;

7. To employ personnel as necessary to carry out the duties

imposed upon the System by law and to set the salaries of such

personnel, subject to the salary schedules adopted by the Board;

8. To solicit and maintain a current list of attorneys licensed

to practice law in this state who are willing to accept case

assignments from the System and who meet any other qualifications as

set by the Board;

9. To solicit and maintain a separate list of persons eligible

for appointment to capital cases, who meet the qualifications set by

the System;

10. To establish reasonable hourly rates of compensation for

attorneys appointed in accordance with the Indigent Defense Act,

subject to approval by the Board;

11. To establish maximum caseloads for attorneys employed by

the System, subject to approval by the Board;

12. To reduce caseloads through reassignment of cases to

private attorneys, as necessary;

13. To approve the sharing of office space, equipment, or

personnel among the separate indigent defense programs within the

System;

14. To prepare and submit to the Board an annual report for the

preceding fiscal year regarding the efforts of the System to

implement the purposes of the Indigent Defense Act, and to file that

report with the Governor, the President Pro Tempore of the Senate,

the Speaker of the House of Representatives, the Chief Justice of

the Oklahoma Supreme Court, and the Presiding Judge of the Oklahoma

Court of Criminal Appeals;

15. To conduct regional or statewide conferences and training

seminars for the purpose of implementing the provisions of the

Indigent Defense Act;

16. To provide System personnel who serve in an advisory

capacity to the indigent defenders and defense attorneys who

Oklahoma Statutes - Title 22. Criminal Procedure Page 513

represent indigents pursuant to contract or who agree to accept

cases assigned by the System to represent indigents of this state;

17. To gather and disseminate information to indigent

defenders, including, but not limited to, changes in the law;

18. To recommend additional legislation necessary to upgrade

the Oklahoma Indigent Defense System or to improve the justice

system; and

19. To operate a cost-effective system by:

a. implementing procedures to track System expenditures

to show costs by case and client and to track time and

expenses by attorney if the attorney is employed by

the System,

b. adopting written policies regarding when employees are

to be in travel status and making efforts to reduce

travel costs, and

c. reviewing assignment of indigency status to identify

clients who have available resources, and collecting

costs of representation when feasible.

D. 1. The Executive Director is hereby authorized to develop,

establish, and maintain lists of approved contractors who have

agreed to provide expert services to the System. The lists shall

include any expert who desires to furnish services to the System and

who has filed a schedule of fees for services with, and on a form

approved by, the Executive Director. Any deviation in excess of the

published schedule of fees shall require the prior written approval

of the Executive Director. Any attorney appointed or assigned cases

in accordance with the Indigent Defense Act may request expert

services from the list of experts maintained by the Executive

Director. The Executive Director or designee may, in said person's

sole discretion, approve requests for expert services; provided,

however, that nothing contained in the Indigent Defense Act shall be

construed to render the Executive Director a member of the defense

team in any System client's case for strategic purposes.

2. Attorneys appointed or assigned cases in accordance with the

Indigent Defense Act may request investigative or other nonexpert

witness services from the Executive Director on a form provided by

the Executive Director. The Executive Director or designee may, in

said person's sole discretion, approve requests for such services at

a reasonable hourly rate of compensation; provided, however, that

nothing contained in the Indigent Defense Act shall be construed to

render the Executive Director a member of the defense team in any

System client's case for strategic purposes.

3. Services obtained under this section may be obtained as sole

source contracts and are specifically exempt from the requirements

of soliciting no less than three quotations found in paragraph 7 of

subsection A of Section 85.45j of Title 74 of the Oklahoma Statutes.

Oklahoma Statutes - Title 22. Criminal Procedure Page 514

E. Each individual performing the services provided for in

subsection D of this section may, with the approval of the Executive

Director, be reimbursed for necessary travel expenses up to the

amount permitted by the State Travel Reimbursement Act.

F. Requests for expenses not included in subsections D and E of

this section shall require preapproval by the Executive Director.
Okla. Stat. tit. 22, § 22-918 — OK Code / Title 22 / Section 22-918
Jury may reconsider verdict of conviction for mistake of
Status: in_force

law - Return of same verdict.

When there is a verdict of conviction in which it appears to the

court that the jury have mistaken the law, the court may explain the

reason for that opinion, and direct the jury to reconsider their

verdict, and if, after the reconsideration, they return the same

verdict, it must be entered. But when there is a verdict of

acquittal, the court cannot require the jury to reconsider it.
Okla. Stat. tit. 22, § 22-751.1 — OK Code / Title 22 / Section 22-751.1
DNA profile - Use as evidence - Notification of
Status: in_force

defendant.

A. As used in this act:

1. "Deoxyribonucleic Acid (DNA)" means the molecules in all

cellular forms that contain genetic information in a patterned

chemical structure of each individual; and

2. "DNA Profile" means an analysis of DNA resulting in the

identification of an individual's patterned chemical structure of

genetic information.

B. 1. At any hearing prior to trial or at a forfeiture

hearing, a report of the findings of a laboratory report from a

forensic laboratory operated by this state or any political

subdivision thereof, or from a laboratory performing analysis at the

request of a forensic laboratory operated by this state or any

political subdivision thereof, regarding DNA Profile, which has been

made available to the accused by the office of the district attorney

at least five (5) days prior to the hearing, when certified as

correct by the persons making the report, shall be received as

evidence of the facts and findings stated, if relevant and otherwise

admissible in evidence. If a report is deemed relevant by the state

or the accused, the court shall admit the report without the

testimony of the person making the report, unless the court,

pursuant to this section, orders the person making the report to

appear. If the accused is not served with a report, by the district

attorney, at least five (5) days prior to a hearing, the accused may

be allowed a continuance of the portion of the hearing to which the

Oklahoma Statutes - Title 22. Criminal Procedure Page 235

report is relevant, to allow at least five (5) days' preparation

subsequent to the furnishing of the report by the district attorney.

2. The court, upon motion of the state or accused, shall order

the attendance of any person preparing such a report submitted as

evidence in any hearing prior to trial or forfeiture hearing, when

it appears there is a substantial likelihood that material evidence

not contained in the report may be produced by the testimony of the

person having prepared the report. The motion shall be filed and

notice given of the hearing on the motion to order the attendance of

the person having prepared the report. A hearing shall be held and,

if the motion is sustained, an order issued giving not less than

five (5) days' prior notice to the time when the testimony shall be

required. If, within five (5) days prior to the hearing or during a

hearing, a motion is made pursuant to this subsection requiring a

person having prepared a report to testify, the court may hear the

report or other evidence but shall continue the hearing until such

time notice of the motion and hearing is given to the person having

prepared the report, the motion is heard, and, if sustained,

testimony ordered can be given.

C. If the state decides to offer evidence of a DNA profile in

any trial on the merits, the state shall, at least fifteen (15) days

before the criminal proceeding, notify in writing the defendant or

the defendant's attorney and mail, deliver, or make available to the

defendant or the defendant's attorney a copy of any report or

statement to be introduced that has not previously been made

available to the defendant or the defendant’s attorney pursuant to

subsection B of this section.
Okla. Stat. tit. 22, § 22-1141.26 — OK Code / Title 22 / Section 22-1141.26
Rights of state not deemed waived
Status: in_force

Nothing in this act contained shall be deemed to constitute a

waiver by this state of its right, power or privilege to try such

demanded person for crime committed within this state, or of its

right, power or privilege to regain custody of such person by

extradition proceedings or otherwise for the purpose of trial,

sentence or punishment for any crime committed within this state,

nor shall any proceedings had under this act which result in, or

fail to result in, extradition be deemed a waiver by this state of

any of its rights, privileges or jurisdiction in any way whatsoever.
Okla. Stat. tit. 22, § 22-1381 — OK Code / Title 22 / Section 22-1381
District attorney motion to vacate or set aside judgment
Status: in_force

of conviction.

Notwithstanding any other provision of law concerning

postconviction relief, a district attorney in the jurisdiction in

which a person was convicted of an offense may file a motion in the

district court to vacate or set aside a judgment of conviction at

any time if clear and convincing evidence exists establishing that

the defendant was convicted of an offense that the defendant did not

commit. The district court shall have jurisdiction and authority to

consider, hear, and decide the motion.
Okla. Stat. tit. 22, § 22-491 — OK Code / Title 22 / Section 22-491
Time to answer indictment or information
Status: in_force

If, on the arraignment, the defendant require it, he must be

allowed until the next day, or such further time may be allowed him

as the court may deem reasonable, to answer the indictment or

information.
Okla. Stat. tit. 22, § 22-1176 — OK Code / Title 22 / Section 22-1176
Raising issue of mental illness or insanity at time of
Status: in_force

offense.

A. If the defendant intends to raise the question of mental

illness or insanity at the time of the offense, the defendant shall

file notice with the court no later than thirty (30) days after

formal arraignment. Additionally, if the defendant is financially

unable to obtain the services of a qualified mental health

professional, the defendant shall file an application with the court

at the time of the filing of notice of insanity defense. The

procedure to be followed for review of such an application will be

the same as provided in Section 1175.3 of this title.

B. In cases not involving the appointment of the Oklahoma

Indigent Defense System pursuant to Sections 1355 through 1370.1 of

this title, if the court finds that the defendant's sanity at the

time of the offense is to be a significant factor in his defense at

trial and that the defendant is financially unable to obtain the

services of a qualified mental health professional, the court shall

provide the defendant with access to a qualified mental health

professional by authorizing counsel to obtain the services of a

Oklahoma Statutes - Title 22. Criminal Procedure Page 470

qualified mental health professional to conduct an appropriate

examination and assist in evaluation, preparation and presentation

of the defense. Compensation for such services shall be paid by the

court fund, as authorized by Section 1304 of Title 20 of the

Oklahoma Statutes.

C. As used in this section, "qualified mental health

professional" means an individual certified or licensed in this

state to practice psychiatry, psychology, professional counseling,

or social work.
Okla. Stat. tit. 22, § 22-1141.17 — OK Code / Title 22 / Section 22-1141.17
Discharge or recommitment
Status: in_force

If the accused is not arrested under warrant of the Governor by

the expiration of the time specified in the warrant or bond, a judge

or magistrate may discharge him or may recommit him for a further

period not to exceed sixty (60) days, or a judge or magistrate may

again take bail for his appearance and surrender, as provided in

Section 16, but within a period not to exceed sixty (60) days after

the date of such new bond.
Okla. Stat. tit. 22, § 22-328 — OK Code / Title 22 / Section 22-328
Grand jury must appoint clerk
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 159

The grand jury must appoint one of their number as clerk, who

must preserve minutes of their proceedings, except of the votes of

the individual members, and of the evidence given before them.
Okla. Stat. tit. 22, § 22-973 — OK Code / Title 22 / Section 22-973
Court may hear further evidence, when
Status: in_force

After a plea or verdict of guilty in a case where the extent of

the punishment is left with the court, the court, upon the

suggestion of either party that there are circumstances which may be

properly taken into view, either in aggravation or mitigation of the

punishment, may in its discretion hear the same summarily at a

specified time and upon such notice to the adverse party as it may

direct.
Okla. Stat. tit. 22, § 22-1224.2 — OK Code / Title 22 / Section 22-1224.2
Filing and indexing of documents
Status: in_force

In the event the search warrant is executed, then the search

warrant, affidavit for search warrant, return of search warrant, if

separate, and transcript of oral testimony, if any, shall be filed

with the clerk of the district court, and shall be indexed by the

clerk in alphabetical order. Upon a criminal prosecution being

filed, the district attorney shall make application for a court

order that the documents be transferred and filed in the case.

Oklahoma Statutes - Title 22. Criminal Procedure Page 477
Okla. Stat. tit. 22, § 22-132 — OK Code / Title 22 / Section 22-132
Escape, jurisdiction of prosecution for
Status: in_force

The jurisdiction of a prosecution for escaping from prison is in

any county of the state.
Okla. Stat. tit. 22, § 22-835 — OK Code / Title 22 / Section 22-835
Restriction of argument - Number of counsel
Status: in_force

If the indictment or information is for an offense punishable

with death, three counsel on each side may argue the case to the

jury. If it is for any other offense the court may, in its

discretion, restrict the argument to one counsel on each side.
Okla. Stat. tit. 22, § 22-315 — OK Code / Title 22 / Section 22-315
Grounds for challenge to juror
Status: in_force

A challenge to an individual grand juror may be interposed by

either party, for one or more of the following causes only:

1. That he is a minor.

2. That he is not a qualified elector.

3. That he is otherwise disqualified under any of the

provisions of law, in relation to the qualification of grand jurors.

4. That he is insane.

5. That he is a prosecutor upon a charge against the defendant.

6. That he is a witness on the part of the prosecution and has

been served with process by an undertaking as such.

7. That a state of mind exists on his part in reference to the

case, or to either party, which will prevent him from acting

impartially and without prejudice to the substantial rights of the

party challenging; but no person shall be disqualified as a grand

juror, by reason of having formed and expressed an opinion upon the

matter or cause to be submitted to such jury, founded upon public

rumor, statements in public journals, or common notoriety, provided

it satisfactorily appear to the court, upon his declaration, under

oath, or otherwise, that he can and will, notwithstanding such

opinion, act impartially and fairly upon the matters to be submitted

to him.
Okla. Stat. tit. 22, § 22-925 — OK Code / Title 22 / Section 22-925
Claim of insanity - Duty of court and jury - Commitment to
Status: in_force

institution.

When it is contended on behalf of the defendant in any criminal

prosecution that such defendant is at the time of the trial a person

who is impaired by reason of mental retardation, a mentally ill

person, an insane person, or a person of unsound mind, the court

shall submit to the jury a proper form of verdict, and if the jury

finds the defendant not guilty on account of such insanity, mental

illness, or unsoundness of mind, they shall so state in their

verdict, and the court shall thereupon order the defendant committed

to the state hospital for the mentally ill, or other state

institution provided for the care and treatment of cases such as the

one before the court, until the sanity and soundness of mind of the

defendant be judicially determined, and such person be discharged

from the institution according to law.

R.L. 1910, § 5932. Amended by Laws 1998, c. 246, § 14, eff. Nov. 1,

1998.
Okla. Stat. tit. 22, § 22-911 — OK Code / Title 22 / Section 22-911
Return of jury into court upon agreement - Discharge on
Status: in_force

failure of some jurors to appear.

When the jury have agreed upon their verdict, they may be

conducted into court by the officer having them in charge. Their

names must then be called, and if all do not appear, the rest must

be discharged without giving a verdict. In that case the cause must

be again tried, at the same or another term.
Okla. Stat. tit. 22, § 22-744 — OK Code / Title 22 / Section 22-744
Seduction, corroboration of prosecutrix
Status: in_force

Upon a trial for inveigling, enticing or taking away an

unmarried female of previous chaste character, under the age of

twenty-five (25) years, for the purpose of prostitution, or aiding

or assisting therein, or for having, under promise of marriage,

seduced and had illicit connection with an unmarried female of

previous chaste character, the defendant cannot be convicted upon

testimony of the person injured unless she is corroborated by other

evidence tending to connect the defendant with the commission of the

offense.
Okla. Stat. tit. 22, § 22-500 — OK Code / Title 22 / Section 22-500
Resubmission of case - Bail
Status: in_force

If the court direct that the case be resubmitted, the defendant,

if already in custody, must so remain, unless he be admitted to

bail; or if already admitted to bail, or money have been deposited

instead thereof, the bail or money is answerable for the appearance

of the defendant to answer a new indictment or information; and

unless a new indictment or information is found before the next

grand jury of the county is discharged, the court must, on the

discharge of such grand jury, make the order prescribed in the

preceding section.
Okla. Stat. tit. 22, § 22-325 — OK Code / Title 22 / Section 22-325
Oath to other jurors
Status: in_force

The following oath must be immediately thereupon administered to

the other grand jurors present:

The same oath which your foreman has now taken before you on his

part, you and each of you shall well and truly observe on your part.

So help you God.
Okla. Stat. tit. 22, § 22-602 — OK Code / Title 22 / Section 22-602
Affirmation
Status: in_force

Any juror who is conscientiously scrupulous of taking the oath

above described, shall be allowed to make affirmation, substituting

for the words "so help you God", at the end of the oath, the

following: "This you do affirm under the pains and penalties of

perjury".
Okla. Stat. tit. 22, § 22-768 — OK Code / Title 22 / Section 22-768
Attendance of witness enforced, how
Status: in_force

The attendance of the witness may be enforced by subpoena issued

by the magistrate before whom the examination is to be taken, or

from the court where the trial is to be had.
Okla. Stat. tit. 22, § 22-358 — OK Code / Title 22 / Section 22-358
Venue - Consolidation of indictment
Status: in_force

A. Any indictment or accusation for removal by a multicounty

grand jury shall be returned to the presiding judge without

designation of venue. Thereupon, the judge, by order, shall

designate the county of venue for the purpose of trial. The judge,

by order, may direct the consolidation of an indictment returned by

a county grand jury with an indictment returned by a multicounty

grand jury and fix venue for trial.

B. If a multicounty grand jury, pursuant to its investigation,

learns of an offense for which it lacks jurisdiction to indict, the

multicounty grand jury shall direct the Attorney General to inform

the appropriate prosecutorial authority.
Okla. Stat. tit. 22, § 22-1134 — OK Code / Title 22 / Section 22-1134
Costs of returning fugitives
Status: in_force

A. 1. When the Governor shall demand from the executive

authority of a state or territory of the United States or of a

foreign government the surrender to the authorities of this state of

a fugitive from justice, the accounts of the persons employed for

that purpose shall be paid out of the State Treasury and shall be

collected as costs in the case.

2. When extradition is demanded by the Governor upon the

application of a district attorney of any county, for the return of

a fugitive wanted in that county, the actual, necessary expenses of

the person designated by the district attorney and appointed as the

agent of the state to return the fugitive shall be paid by the

county upon an itemized, verified claim with receipts attached which

shall be collected as costs in the case.

Oklahoma Statutes - Title 22. Criminal Procedure Page 434

B. 1. In all cases wherein any person shall be charged with

the violation of the statutes of this state relating to desertion or

abandonment of wife and child, or of child, and such person shall be

a fugitive from justice and such person’s whereabouts shall be

known, it shall be the mandatory duty of the district attorney of

the county wherein such charges are pending or of a designee, to

request the Governor to issue a requisition for the return of such

fugitive and to appoint an agent to effect such return.

2. The accounts of the person or persons employed by the

Governor, to return such fugitive referred to in paragraph 1 above,

may be paid by the state out of funds appropriated to the Governor's

Contingency and Emergency Fund, not to exceed Twenty-five Thousand

Dollars ($25,000.00) for any one (1) year in excess of any amounts

recovered from such fugitives.

3. The cost of returning the fugitive shall be added on to the

court costs against the deserter and no such case shall be dismissed

unless the costs are paid. Such amount shall be used to reimburse

the Governor's Contingency and Emergency Fund for the amount

disbursed therefrom.

C. Every fugitive from justice shall be required to reimburse

the county sheriff’s office for the actual costs required for

apprehension and return, unless such costs are paid from the

Governor’s Contingency and Emergency Fund, and in such case the

reimbursement may be paid to such fund.
Okla. Stat. tit. 22, § 22-1141.14 — OK Code / Title 22 / Section 22-1141.14
Arrest without warrant
Status: in_force

The arrest of a person may be lawfully made also by any peace

officer or a private person, without a warrant upon reasonable

information that the accused stands charged in the courts of a state

with a crime punishable by death or imprisonment for a term

exceeding one (1) year, but when so arrested the accused must be

Oklahoma Statutes - Title 22. Criminal Procedure Page 439

taken before a judge or magistrate with all practicable speed and

complaint must be made against him under oath setting forth the

ground for the arrest as in the preceding section; and thereafter

his answer shall be heard as if he had been arrested on a warrant.
Okla. Stat. tit. 22, § 22-601 — OK Code / Title 22 / Section 22-601
Number of jurors - Oaths - Fines not exceeding Five
Status: in_force

Hundred Dollars.

The jury consists of twelve persons except that in misdemeanors

it shall consist of six persons, chosen as prescribed by law, and

sworn or affirmed well and truly to try and true deliverance to make

between the State of Oklahoma and the defendant whom they shall have

in charge, and a true verdict to give according to the evidence.

Criminal cases wherein the punishment for the offense charged is by

a fine only not exceeding Five Hundred Dollars ($500.00) shall be

tried to the court without a jury.
Okla. Stat. tit. 22, § 22-1145.1 — OK Code / Title 22 / Section 22-1145.1
Short title
Status: in_force

This act shall be known and cited as "The Uniform Disposition of

Criminal Cases on the Merits Act".
Okla. Stat. tit. 22, § 22-1163 — OK Code / Title 22 / Section 22-1163
Sanity hearing - Criminal trial to be suspended
Status: in_force

The trial of the cause or the pronouncing the judgment, as the

case may be, must be suspended until the question of insanity is

determined by the verdict of the jury.
Okla. Stat. tit. 22, § 22-1054.1 — OK Code / Title 22 / Section 22-1054.1
Perfecting appeal without filing motion for new trial
Status: in_force

The right of a party to perfect an appeal from a judgment, order

or decree of the trial court to the Court of Criminal Appeals shall

not be conditioned upon his having filed in the trial court a motion

for a new trial, but in the event a motion for a new trial is filed

in the trial court by a party adversely affected by the judgment,

order or decree, no appeal to the Court of Criminal Appeals may be

taken until subsequent to the ruling by the trial court on the

motion for a new trial.
Okla. Stat. tit. 22, § 22-1518 — OK Code / Title 22 / Section 22-1518
Oklahoma Criminal Justice Resource Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State Bureau of Investigation to be designated the

"Oklahoma Criminal Justice Resource Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all grants, gifts, bequests and any other lawful

monies received for the benefit of the Bureau. All monies accruing

to the credit of said fund are hereby appropriated and may be

budgeted and expended by the Director of the Bureau for the

operation of the Bureau in furtherance of its duties as set forth in

Section 1517 of this title or other purposes authorized by law.
Okla. Stat. tit. 22, § 22-203 — OK Code / Title 22 / Section 22-203
Private person must inform person of cause of arrest
Status: in_force

He must, before making the arrest, inform the person to be

arrested of the cause thereof, and require him to submit, except

when he is in actual commission of the offense or when he is

arrested on pursuit immediately after its commission.
Okla. Stat. tit. 22, § 22-509 — OK Code / Title 22 / Section 22-509
Demurrer sustained - Defendant discharged or bail
Status: in_force

exonerated, when.

If the court do not direct the case to be further prosecuted,

the defendant, if in custody, must be discharged, or if admitted to

bail, his bail is exonerated, or if he have deposited money instead

of bail, the money must be refunded to him.
Okla. Stat. tit. 22, § 22-268 — OK Code / Title 22 / Section 22-268
Commitment
Status: in_force

If the magistrate order the defendant to be committed as

provided in the three preceding sections, he must make out a

commitment, signed by him, with his name of office, and deliver it,

with the defendant, to the officer, to whom he is committed, or if

that officer be not present, to a peace officer, who must

immediately deliver the defendant into the proper custody, together

with the commitment.
Okla. Stat. tit. 22, § 22-988.1 — OK Code / Title 22 / Section 22-988.1
Short title
Status: in_force

Sections 1 through 25 of this act shall be known and may be

cited as the “Oklahoma Community Sentencing Act”.
Okla. Stat. tit. 22, § 22-313 — OK Code / Title 22 / Section 22-313
Grounds for challenge to panel
Status: in_force

A challenge to the panel may be interposed by either party for

one or more of the following causes only:

1. That the requisite number of ballots was not drawn from the

jury box of the county or subdivision.

2. That the drawing was not had in the presence of the officers

designated by law, or in the manner prescribed by law.
Okla. Stat. tit. 22, § 22-1196 — OK Code / Title 22 / Section 22-1196
Judgment of removal
Status: in_force

The question of fact shall be tried as in other actions, and if

the accused is found guilty, the judgment shall be entered removing

the officer from his office and declaring the latter vacant, or as

provided for in the code of criminal procedure, and a copy thereof

shall be certified to the board of county commissioners, and the

county clerk shall enter the same upon the proper record.
Okla. Stat. tit. 22, § 22-1371.2 — OK Code / Title 22 / Section 22-1371.2
Indigent person may request services of Oklahoma
Status: in_force

Indigent Defense System DNA Forensic Testing Program.

An indigent person convicted of, and presently incarcerated on,

any felony offense upon which the testing is sought, who alleges a

claim of entitlement to forensic testing for purposes of

demonstrating factual innocence may request the services of the

Oklahoma Indigent Defense System DNA Forensic Testing Program

pursuant to the DNA Forensic Testing Act.Oklahoma Statutes - Title 22. Criminal Procedure Page 21
Okla. Stat. tit. 22, § 22-842 — OK Code / Title 22 / Section 22-842
Discharge of jury not a former acquittal
Status: in_force

If an indictment or information for the higher offense is filed

within a year next thereafter, he must be tried thereon, and a plea

of former acquittal to such last prosecution is not sustained by the

fact of the discharge of the jury on the first indictment or

information.
Okla. Stat. tit. 22, § 22-1115.4 — OK Code / Title 22 / Section 22-1115.4
Court clerk not liable on dishonored check - Bench
Status: in_force

warrant and arrest of issuer.

A. In any case where a municipal court clerk or district court

clerk accepts any personal check or other form of a negotiable

instrument from the arrestee or from any person acting for or on his

Oklahoma Statutes - Title 22. Criminal Procedure Page 431

behalf in payment of a fine or as bail for his appearance for

arraignment, trial or a hearing, and said check or instrument proves

to be on a closed account or is insufficient, false, bogus, a

forgery, or otherwise dishonored for any reason, the court clerk

shall not be civilly liable personally, or upon his official bond

for the amount of such instrument or for the amount of the fine

imposed in the case, or criminally liable therefor.

B. A personal check or other instrument tendered to a municipal

court clerk or district court clerk for bail or for the payment of

fine and costs, if dishonored and returned to said clerk for any

reason other than the lack of proper endorsement, shall constitute

nonpayment of bail or fine, as the case may be, and the court, in

addition to any civil or criminal remedy otherwise provided for by

law, may issue a bench warrant for the arrest of the person named on

the citation to require his appearance on the charge specified.
Okla. Stat. tit. 22, § 22-988.23 — OK Code / Title 22 / Section 22-988.23
Immunity from liability
Status: in_force

All state and local government agencies and their officers and

employees, citizens serving as members of a community sentencing

planning council, community service agencies, nonprofit

organizations, educational or vocational-technical entities, and

other providers participating in a community sentencing system or

contracting to provide services to the system pursuant to the

provisions of the Oklahoma Community Sentencing Act are hereby

granted immunity from liability for acts of any offender

participating in a community sentencing system pursuant to the

provisions of the Administrative Workers' Compensation Act and for

torts committed by or against any offender participating in a

community sentencing system to the extent specified in Sections 227

and 228 of Title 57 of the Oklahoma Statutes or as provided in the

Governmental Tort Claims Act.
Okla. Stat. tit. 22, § 22-988.18 — OK Code / Title 22 / Section 22-988.18
Assessment and evaluation of defendants
Status: in_force

A. On and after March 1, 2000, for each offender considered for

any community punishment pursuant to the Oklahoma Community

Sentencing Act, the judge shall, prior to sentencing, order an

assessment and evaluation of the defendant as required by law. The

judge may determine that no additional assessment is required if one

was completed within the last six (6) months.

B. The risk and needs assessment and evaluation instrument

designed to predict risk to recidivate approved by the Department of

Corrections, shall be required to determine eligibility for any

offender sentenced pursuant to the Oklahoma Community Sentencing

Act. The completed assessment accompanied by a written supervision

plan shall be presented to and reviewed by the court prior to

determining any punishment for the offense. The purpose of the

assessment shall be to identify the extent of the deficiencies and

pro-social needs of the defendant, the potential risk to commit

additional offenses that threaten public safety, and the

appropriateness of various community punishments.

C. Upon order of the court, the defendant shall be required to

submit to the risk and needs assessment which shall be administered

and scored by an appropriately trained person pursuant to a service

agreement with the local community sentencing system. Any defendant

lacking sufficient skills to comprehend or otherwise participate in

the assessment and evaluation shall have appropriate assistance. If

it is determined that the offender cannot be adequately evaluated

using the risk and needs assessment, the offender shall be deemed

ineligible for any community services pursuant to the Oklahoma

Oklahoma Statutes - Title 22. Criminal Procedure Page 310

Community Sentencing Act, and shall be sentenced as prescribed by

law for the offense.

D. The willful failure or refusal of the defendant to be

assessed and evaluated by using the risk and needs assessment shall

preclude the defendant from eligibility for any community

punishment.

E. The completed risk and needs assessment, shall include a

written supervision plan and identify an appropriate community

punishment, if any, when the offender is considered eligible for

community punishments based upon the completed risk/need score from

the risk and needs assessment of the offender. Unless otherwise

prohibited by law, only eligible offenders, as defined in Section

988.2 of this title, shall be eligible for any state-funded

community punishments.

F. The court is not required to sentence any offender to a

community punishment regardless of an eligible score on the risk and

needs assessment. Any offender scoring in the low risk/need levels

on the risk and needs assessment may be sentenced to a suspended

sentence with minimal, if any, conditions of the sentence to be paid

by the offender. If the risk and needs assessment has been

conducted, the evaluation report shall accompany the judgment and

sentence, provided the risk and needs assessment indicates the

offender is in need of this level of supervision and treatment.
Okla. Stat. tit. 22, § 22-175 — OK Code / Title 22 / Section 22-175
County in which warrant may be served - Who may serve
Status: in_force

All warrants, except those issued for violation of city

ordinances, may be served in any county in the state; and may be

served by any peace officer to whom they may be directed or

delivered.
Okla. Stat. tit. 22, § 22-632 — OK Code / Title 22 / Section 22-632
Challenge to panel
Status: in_force

A challenge to the panel is an objection made to all the trial

jurors returned, and may be taken by either party.
Okla. Stat. tit. 22, § 22-44 — OK Code / Title 22 / Section 22-44
Discharge, when
Status: in_force

Unless it appear that there is just reason to fear the

commission of the offense alleged to have been threatened, the

person complained of must be discharged.
Okla. Stat. tit. 22, § 22-422 — OK Code / Title 22 / Section 22-422
Libel, indictment or information for
Status: in_force

An indictment or information for libel need not set forth any

extrinsic facts for the purpose of showing the application to the

party libeled of the defamatory matter on which the indictment or

information is founded, but it is sufficient to state generally that

the same was published concerning him, and the fact that it was so

published must be established on the trial.
Okla. Stat. tit. 22, § 22-1105.3 — OK Code / Title 22 / Section 22-1105.3
Pretrial Release Act - Pretrial release programs -
Status: in_force

Persons eligible - Minimum criteria.

A. Any county pursuant to the provisions of the Pretrial

Release Act may establish and fund a pretrial program to be utilized

by the district court in that jurisdiction.

B. When a pretrial release program is established pursuant to

the Pretrial Release Act and private bail has not been furnished,

the judge may order a person to be evaluated through the pretrial

program. After conducting an evaluation of the person applying for

pretrial release, the pretrial program shall make a recommendation

to the court. The recommendation shall indicate any special

supervisory conditions for pretrial release. The judge shall

consider the recommendations and may grant or deny pretrial release.

The presiding judge of the judicial district may issue a standing

order outlining criteria for cases that may automatically be

evaluated for pretrial release by a pretrial program operating in

the jurisdiction. The standing order may include amounts for bail

and types of bonds deemed appropriate for certain offenses.

C. Except as otherwise authorized by the provisions of this

subsection, persons accused of or detained for any of the following

Oklahoma Statutes - Title 22. Criminal Procedure Page 409

offenses or conditions shall not be eligible for pretrial release by

any pretrial program:

1. Aggravated driving under the influence of an intoxicating

substance;

2. Any felony driving under the influence of an intoxicating

substance;

3. Any offense prohibited by the Trafficking In Illegal Drugs

Act;

4. Any person having a violent felony conviction within the

past ten (10) years;

5. Appeal bond;

6. Arson in the first degree, including attempts to commit

arson in the first degree;

7. Assault and battery on a police officer;

8. Bail jumping;

9. Bribery of a public official;

10. Burglary in the first or second degree;

11. Civil contempt proceedings;

12. Distribution of a controlled dangerous substance, including

the sale or possession of a controlled dangerous substance with

intent to distribute or conspiracy to distribute;

13. Domestic abuse, domestic assault or domestic assault and

battery with a dangerous weapon, or domestic assault and battery

with a deadly weapon;

14. Driving under the influence of intoxicating substance where

property damage or personal injury occurs;

15. Felony discharging a firearm from a vehicle;

16. Felony sex offenses;

17. Fugitive bond or a governor's fugitive warrant;

18. Immigration charges;

19. Kidnapping;

20. Juvenile or youthful offender detention;

21. Manslaughter;

22. Manufacture of a controlled dangerous substance;

23. Murder in the first degree, including attempts or

conspiracy to commit murder in the first degree;

24. Murder in the second degree, including attempts or

conspiracy to commit murder in the second degree;

25. Negligent homicide;

26. Out-of-county holds;

27. Persons currently on pretrial release who are arrested on a

new felony offense;

28. Possession, manufacture, use, sale or delivery of an

explosive device;

29. Possession of a controlled dangerous substance on Schedule

I or II of the Controlled Dangerous Substances Act;

Oklahoma Statutes - Title 22. Criminal Procedure Page 410

30. Possession of a firearm or other offensive weapon during

the commission of a felony;

31. Possession of a stolen vehicle;

32. Rape in the first degree, including attempts to commit rape

in the first degree;

33. Rape in the second degree, including attempts to commit

rape in the second degree;

34. Robbery by force or fear;

35. Robbery with a firearm or dangerous weapon, including

attempts to commit robbery with a firearm or dangerous weapon;

36. Sexual assault or violent offenses against children;

37. Shooting with intent to kill;

38. Stalking or violation of a Victim Protection Order;

39. Two or more prior felony convictions; or

40. Unauthorized use of a motor vehicle.

D. Other than a person accused of or detained for an offense

provided for in paragraph 13 or paragraph 38 of subsection C of this

section, a person not eligible for pretrial release pursuant to the

provisions of subsection C of this section may be released upon

order of a district judge, associate district judge or special judge

under conditions prescribed by the judge, which may include an order

to require the defendant, as a condition of pretrial release, to use

or participate in any monitoring or testing including, but not

limited to, a Global Positioning System (GPS) monitoring device and

urinalysis testing. The court may further order the defendant to

pay costs and expenses related to any supervision, monitoring or

testing.

E. Every pretrial services program operating pursuant to the

provisions of the Pretrial Release Act shall meet the following

minimum criteria:

1. The program shall establish a procedure for screening and

evaluating persons who are detained or have been arrested for the

alleged commission of a crime. The program shall obtain criminal

history records on detained persons through the National Crime

Information Center (NCIC). The information obtained from the

screening and evaluation process must be submitted in a written

report without unnecessary delay to the judge who is assigned to

hear pretrial release applications when the person is eligible for

pretrial release;

2. The program shall provide reliable information to the judge

relating to the person applying for pretrial release so a reasonable

decision can be made concerning the amount and type of bail

appropriate for pretrial release. The information provided shall be

based upon facts relating to the person's risk of danger to the

community and the risk of failure to appear for court; and

Oklahoma Statutes - Title 22. Criminal Procedure Page 411

3. The program shall make all reasonable attempts to provide

the court with information appropriate to each person considered for

pretrial release.

F. A pretrial program established pursuant to the Pretrial

Release Act may provide different methods and levels of community-

based supervision to meet any court-ordered conditions of release.

The program may use existing supervision methods for persons who are

released prior to trial. Pretrial programs which employ peace

officers certified by the Council on Law Enforcement Education and

Training (CLEET) are authorized to enforce court-ordered conditions

of release.

G. Each pretrial program established pursuant to the Pretrial

Release Act shall provide a quarterly report to the presiding judge

of the judicial district of the jurisdiction in which it operates.

A copy of the report shall be filed of record with the court clerk

of the jurisdiction. Each report shall include, but is not limited

to, the following information:

1. The total number of persons screened, evaluated or otherwise

considered for pretrial release;

2. The total number and nature of recommendations made;

3. The number of persons admitted to pretrial release that

failed to appear; and

4. Any other information deemed appropriate by the reporting

judicial district or that the program desires to report.

H. Every pretrial release program established pursuant to this

section shall utilize the services of local providers; provided,

however, any program in continuous existence since July 1, 1999,

shall be exempt from the provisions of this subsection.
Okla. Stat. tit. 22, § 22-1304 — OK Code / Title 22 / Section 22-1304
Examination of charge
Status: in_force

At the time appointed in the summons, the magistrate must

investigate the charge in the same manner as in the case of a

natural person brought before him, so far as those proceedings are

applicable.
Okla. Stat. tit. 22, § 22-271 — OK Code / Title 22 / Section 22-271
Sureties may be required for witness
Status: in_force

When the magistrate is satisfied, by proof on oath, that there

is reason to believe that any such witness will not appear and

testify, unless security be required, he may order the witness to

enter into a written undertaking, with such sureties and in such sum

as he may deem proper, for his appearance, as specified in the last

section.
Okla. Stat. tit. 22, § 22-1001.1 — OK Code / Title 22 / Section 22-1001.1
Execution of judgment - Time - Stay of execution
Status: in_force

A. The execution of the judgment in cases where sentence of

death is imposed shall be ordered by the Court of Criminal Appeals

to be carried out thirty (30) days after the defendant fails to meet

any of the following time conditions:

1. If a defendant does not file a petition for writ of

certiorari in the United States Supreme Court within ninety (90)

days from the issuance of the mandate in the original state direct

appeal unless a first application for post-conviction relief is

pending;

2. If a defendant does not file an original application for

post-conviction relief in the Court of Criminal Appeals within

ninety (90) days from the filing of the appellee’s brief on direct

appeal or, if a reply brief is filed, ninety (90) days from the

filing of that reply brief, or a petition in error to the Court of

Criminal Appeals after remand within thirty (30) days from entry of

judgment by the district court disposing of the application for

post-conviction relief;

3. If a defendant does not file a writ of certiorari to the

United States Supreme Court within ninety (90) days from a denial of

state post-conviction relief by the Oklahoma Court of Criminal

Appeals;

4. If a defendant does not file the first petition for a

federal writ of habeas corpus within sixty (60) days from a denial

Oklahoma Statutes - Title 22. Criminal Procedure Page 353

of the certiorari petition or from a decision by the United States

Supreme Court from post-conviction relief;

5. If a defendant does not file an appeal in the United States

Court of Appeals for the Tenth Circuit from a denial of a federal

writ of habeas corpus within seventy (70) days; or

6. If a defendant does not file a petition for writ of

certiorari with the United States Supreme Court from a denial of the

appeal of the federal writ of habeas corpus within ninety (90) days.

B. The filing of a petition for rehearing in any federal court

shall not serve to stay the execution dates or the time restraints

set forth in the above section unless the defendant makes the

showing set forth in subsection C of this section. The provisions

of subsection A do not apply to second or subsequent petitions or

appeals filed in any court. The filing of a second or subsequent

petition or appeal in any court does not prevent the setting of an

execution date.

C. When an action challenging the conviction or sentence of

death is pending before it, the Court of Criminal Appeals may stay

an execution date, or issue any order which effectively stays an

execution date only upon a showing by the defendant that there

exists a significant possibility of reversal of the defendant’s

conviction, or vacation of the defendant’s sentence, and that

irreparable harm will result if no stay is issued.

D. Should a stay of execution be issued by any state or federal

court, a new execution date shall be set by operation of law sixty

(60) days after the dissolution of the stay of execution. The new

execution date shall be set by the Court of Criminal Appeals without

necessity of application by the state, but the Attorney General, on

behalf of the state, shall bring to the attention of the Court of

Criminal Appeals the fact of the dissolution of a stay of execution

and suggest the appropriateness of the setting of a new execution

date.

E. After an execution date has been set pursuant to the

provisions of this section, should a stay of execution be issued by

any state or federal court, a new execution date shall be set by

operation of law thirty (30) days after the dissolution of the stay

of execution. The new execution date shall be set by the Court of

Criminal Appeals without necessity of application by the state, but

the Attorney General, on behalf of the state, shall bring to the

attention of the Court of Criminal Appeals the fact of the

dissolution of a stay of execution and suggest the appropriateness

of setting a new execution date.

F. After an execution date has been set pursuant to the

provisions of this section, should a stay of execution be issued by

any state or federal court and then vacated by such court, the

sentence of death shall be carried out as ordered prior to the

issuance of such vacated stay of execution. If the prior execution

Oklahoma Statutes - Title 22. Criminal Procedure Page 354

date has expired prior to the vacation of the stay of execution, a

new execution date shall be set by operation of law thirty (30) days

after the vacation of the stay of execution. The new execution date

shall be set by the Court of Criminal Appeals without necessity of

application by the state, but the Attorney General, on behalf of the

state, shall bring to the attention of the Court of Criminal Appeals

the fact of a vacation of the stay of execution and suggest the

appropriateness of the setting of a new execution date.

G. After an execution date has been set pursuant to the

provisions of this section, should the Governor of the State of

Oklahoma issue a stay of execution pursuant to the powers

articulated in Section 10 of Article VI of the Oklahoma

Constitution, the Governor shall, simultaneous to the granting of

the stay, set a new execution date. The sentence of death shall be

carried out not more than thirty (30) days after the dissolution of

the stay of execution; however, nothing shall prevent the Governor

from ordering the new execution date to be on the first day

immediately following dissolution of the stay.
Okla. Stat. tit. 22, § 22-5 — OK Code / Title 22 / Section 22-5
Writing includes printing
Status: in_force

The term writing includes printing.
Okla. Stat. tit. 22, § 22-439 — OK Code / Title 22 / Section 22-439
Relief from prejudicial joinder
Status: in_force

If it appears that a defendant or the state is prejudiced by

joinder of offenses or of defendants in an indictment or information

or by such joinder for trial together, the court shall order an

election or separate trial of counts, grant a severance of

defendants, or provide whatever other relief justice requires.
Okla. Stat. tit. 22, § 22-1349 — OK Code / Title 22 / Section 22-1349
Central administrator and information agent
Status: in_force

The Governor shall designate an appropriate state officer or

employee to serve as central administrator of and information agent

for the agreement on detainers.
Okla. Stat. tit. 22, § 22-1105.1 — OK Code / Title 22 / Section 22-1105.1
Pretrial Release Act - Short title
Status: in_force

This act shall be known and may be cited as the “Pretrial

Release Act”.
Okla. Stat. tit. 22, § 22-855 — OK Code / Title 22 / Section 22-855
Sickness or death of juror - New juror sworn
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 251

If, before the conclusion of a trial, a juror becomes sick, so

as to be unable to perform his duty, the court may order him to be

discharged. In that case or in the event of the death of a juror a

new juror may be sworn, and the trial begin anew, or the jury may be

discharged, and a new jury then or afterwards impaneled.
Okla. Stat. tit. 22, § 22-991a-4.1 — OK Code / Title 22 / Section 22-991a-4.1
Community Service Sentencing Program
Status: in_force

A. There is hereby re-created the “Community Service Sentencing

Program”. This program is a continuation of the program established

Oklahoma Statutes - Title 22. Criminal Procedure Page 318

in 1988 by Section 991a-4 of Title 22 of the Oklahoma Statutes. The

purpose of the program shall be to provide an alternative to

incarceration for nonviolent felony offenders who would normally be

sentenced to incarceration in a state institution.

B. Any eligible offender may be sentenced, at the discretion of

the judge, to a Community Service Sentencing Program pursuant to the

provisions of this section. For purposes of this section, “eligible

offender” shall mean any person who:

1. Is not participating in the Delayed Sentencing Program for

Young Adults pursuant to the provisions of Sections 996 through

996.3 of Title 22 of the Oklahoma Statutes;

2. Has not previously been convicted of two or more felonies;

3. Has been convicted of a nonviolent felony offense which

shall be defined as any felony offense except assault and battery

with a dangerous weapon, aggravated assault and battery on a law

officer, poisoning with intent to kill, shooting with intent to

kill, assault with intent to kill, assault with intent to commit a

felony, murder in the first degree, murder in the second degree,

manslaughter in the first degree, manslaughter in the second degree,

kidnapping, burglary in the first degree, kidnapping for extortion,

maiming, robbery, child beating, wiring any equipment, vehicle, or

structure with explosives, forcible sodomy, rape in the first degree

or rape by instrumentation, lewd or indecent proposition or lewd or

indecent act with a child under sixteen (16) years of age, use of a

firearm or offensive weapon to commit or attempt to commit a felony,

pointing firearms, rioting or arson in the first degree;

4. Has properly completed and executed all necessary documents;

and

5. Is not otherwise ineligible by law or court rule.

C. The Department of Corrections shall administer the Program,

except in counties with a population of five hundred fifty thousand

(550,000) or more persons that operate an existing program. The

Department shall conduct a presentence investigation pursuant to the

provisions of Section 982 of Title 22 of the Oklahoma Statutes if

the court determines the offender is to be assigned to the Program.

As part of such presentence investigation, the Department shall

interview the offender and advise the offender of the requirements

and conditions of the Program. The Department shall recommend an

assignment of the offender to any one or combination of the

following areas:

1. Community service, with or without compensation;

2. Education, vocational-technical education or literacy

programs;

3. Substance abuse treatment programs;

4. Periodic testing for the presence of controlled substances;

5. Psychological counseling or psychiatric treatment;

6. Medical treatment;

Oklahoma Statutes - Title 22. Criminal Procedure Page 319

7. Restitution, to be paid either to the victim of the offense

or to the Crime Victims Compensation Revolving Fund created pursuant

to the provisions of Section 142.17 of Title 21 of the Oklahoma

Statutes;

8. Confinement in a county jail for a period not to exceed one

(1) year, night or weekend incarceration pursuant to the provisions

of Section 991a-2 of Title 22 of the Oklahoma Statutes or

incarceration by the Department of Corrections; provided, the

Department of Corrections shall reimburse a county which does not

receive payments from any other source for the cost of the necessary

expenses of such persons during periods of such incarceration in an

amount not to exceed Twenty Dollars ($20.00) per day and any county

receiving such payments in an amount not to exceed Ten Dollars

($10.00) per day. The Department shall reimburse the county for the

actual cost paid for any emergency medical care for physical injury

or illness of such persons if the county is required by law to

provide such care for inmates in the jail. The reimbursements

provided by this section shall not exceed the cost that would have

accrued to the state for the feeding, care or medical care of the

persons had they been incarcerated with the Department. Except as

otherwise provided by law, all provisions of the Oklahoma

Corrections Act of 1967, Section 501 et seq. of Title 57 of the

Oklahoma Statutes, shall apply to such persons, including but not

limited to any provisions requiring payment by such persons of the

costs of incarceration; or

9. Probation or conditional probation.

D. In counties with a population of five hundred fifty thousand

(550,000) or more persons that operate an existing program, the

Department of Corrections is hereby authorized to reimburse the

county sheriff, pursuant to paragraph 8 of subsection C of this

section, the cost of necessary expenses for confinement in the

county jail for any eligible offender as defined in subsection B of

this section. Such reimbursement shall be subject to appropriation

by the Legislature. The Department may promulgate rules and

procedures for submitting claims for reimbursements.

E. The judge shall consider the criminal history of the

offender, the nature of the offender's criminal conduct, the

employment and family history of the offender and any other factors

the judge deems relevant when sentencing persons to the Program.

Following the presentence investigations and recommendation, the

judge shall impose sentence. The judge may accept the

recommendation, with or without modifications thereto, or may reject

the recommendation and impose any sentence allowed by law.

F. The provisions of Sections 20, 58.3, 138, 138.1 and 224 of

Title 57 of the Oklahoma Statutes and Section 615 of Title 69 of the

Oklahoma Statutes and any other provisions of law relating to earned

credits for certain acts or service shall not apply to persons

Oklahoma Statutes - Title 22. Criminal Procedure Page 320

participating in the Program. The judge may establish a schedule of

earned credits as part of the sentence.

G. The Department shall establish a list of federal, state and

local government agencies, community service agencies, nonprofit

organizations, educational programs and other treatment programs

willing to participate in the program to which offenders may be

referred. The Department shall periodically contact agencies,

organizations and programs to which offenders are assigned to

determine if offenders have reported and performed satisfactorily.

Any such agency or program shall immediately notify the Department

if an offender fails to fulfill any requirement of the Program. The

Department or the sentencing judge may require additional

documentation of the offender's work performance.

H. The Department shall ensure that the sentencing judge and

prosecuting attorney are notified in writing when an offender has

successfully completed the assigned community service hours or other

requirements of the Program or has failed to complete the

requirements and provide any other relevant information required by

the sentencing judge or prosecuting attorney.

I. All state and local government agencies, community service

agencies, nonprofit organizations, educational programs and other

treatment programs participating in the Program are hereby immune

from liability for any offender participating in the Program under

the Workers' Compensation Act, Section 1 et seq. of Title 85 of the

Oklahoma Statutes, and for torts committed by or against any

offender participating in the Program to the extent specified in

Sections 227 and 228 of Title 57 of the Oklahoma Statutes.

J. Any offender participating in the Program shall be advised

of the provisions of this section and shall, in writing, acknowledge

that the offender has been advised of and understands the provisions

of the Program.
Okla. Stat. tit. 22, § 22-20 — OK Code / Title 22 / Section 22-20
Incarceration of single custodial parents - Child
Status: in_force

placement.

When any person is convicted of an offense against the laws of

this state and is sentenced to imprisonment to be served in a county

jail or a state correctional institution, the judge of the district

court shall inquire whether such person is a single custodial parent

of any minor child. If such person is a single custodial parent,

the judge shall inquire into the arrangements that have been made

for the care and custody of the child during the period of

incarceration of the custodial parent. If the judge finds that no

arrangements have been made or such arrangements pose a safety

threat to the child, the court shall make a referral to the

Department of Human Services by contacting the statewide child abuse

and neglect hotline and shall complete a form, which shall be

provided by the Department and approved by the Administrative

Director of the Courts, indicating that the defendant has been

sentenced to incarceration and that the defendant has sole custody

of a minor child or children and has not made appropriate

arrangements for the care of the child or children during the period

of incarceration.
Okla. Stat. tit. 22, § 22-424 — OK Code / Title 22 / Section 22-424
Perjury, indictment or information for
Status: in_force

In an indictment or information for perjury, or subornation of

perjury, it is sufficient to set forth the substance of the

controversy or matter in respect to which the offense was committed,

and in what court or before whom the oath alleged to be false was

taken; and that the court or person before whom it was taken had

authority to administer it, with proper allegations of the falsity

of the matter on which the perjury is assigned; but the indictment

or information need not set forth the pleadings, record, or

proceedings with which the oath is connected, nor the commission or

authority of the court or person before whom the perjury was

committed.
Okla. Stat. tit. 22, § 22-983v2 — OK Code / Title 22 / Section 22-983v2
Imprisonment or recommendation of suspension of driving
Status: in_force

privileges for failure to pay fines, costs, fees or assessments -

Hearing - Installments.

A. 1. Except in cases provided for in Section 983b of this

title, when the judgment and sentence of a court, either in whole or

in part, imposes fines, costs, fees, or assessments upon a

defendant, the court at the time of sentencing shall require the

defendant to complete under oath a form promulgated by the Court of

Criminal Appeals that provides current information regarding the

financial ability of the defendant to pay.

2. The information to be required on the form shall include,

but not be limited to, the individual and household income and

living expenses of the defendant, excluding child support and any

monies received from a federal or state government need-based or

disability assistance program, the number of dependents, a listing

of assets, excluding assets exempt from bankruptcy, child support

obligations, health, mental or behavioral health conditions that

diminish the ability of the defendant to pay restitution, and

additional court-related expenses to be paid by the defendant.

Oklahoma Statutes - Title 22. Criminal Procedure Page 278

3. For purposes of this section, fines, costs, fees, and

assessments shall include all financial obligations imposed by the

court or required by law to be paid, excluding restitution or

payments to be made other than to the court clerk, and shall be

referred to as financial obligations.

B. 1. The court shall order the defendant to appear

immediately after sentencing at the office of the court clerk who

shall inform the defendant of the total amount of all financial

obligations that have been ordered by the court. If the defendant

states to the court clerk that he or she is unable to pay the

financial obligations immediately, the court clerk, based on the

verified information provided by the defendant, shall establish,

subject to approval of the court, a monthly installment plan that

will cause the financial obligations to be satisfied within no more

than seventy-two (72) months, unless extended by the court.

2. The court clerk shall advise the defendant orally and by

delivery of a form promulgated by the Court of Criminal Appeals,

that:

a. it is the obligation of the defendant to keep the

court clerk informed of the contact information of the

defendant until the financial obligations have been

paid. Such information shall include the current

mailing and physical addresses of the defendant,

telephone or cellular phone number of the defendant,

and the email address where the defendant may receive

notice from the court,

b. if the defendant is unable to pay the financial

obligations ordered by the court immediately or in the

installments recommended by the court clerk, the

defendant may request a cost hearing for the court to

determine the ability of the defendant to pay the

amount due and to request modification of the

installment plan, a reduction in the amount owed, or

waiver of payment of the amount owed, and

c. upon any subsequent change in circumstances affecting

the ability of the defendant to pay, the defendant may

contact the court clerk and request additional cost

hearings before the court.

3. An order shall be filed in the case with the approval or

disapproval by the court of the payment plan. If the court does not

approve the payment plan recommended by the court clerk, the court

shall enter its order establishing the payment plan. The defendant

shall be notified by certified mail or personal service of the order

entered by the court and shall be given the opportunity for a cost

hearing.

4. The district court for each county and all municipal courts

shall set a regular time and courtroom for cost hearings.

Oklahoma Statutes - Title 22. Criminal Procedure Page 279

C. If the defendant requests a cost hearing, the court clerk

shall set the hearing no later than sixty (60) days after

sentencing. In determining the ability of the defendant to pay, the

court shall rely on the verified information submitted by the

defendant on the form promulgated by the Court of Criminal Appeals

and any updates to the information. In addition, the court may make

inquiry of the defendant and consider any other evidence or

testimony concerning the ability of the defendant to pay.

D. 1. If at the initial cost hearing or any subsequent cost

hearing, the court determines that the defendant is unable to

immediately pay the financial obligations or the required

installments, the court may reduce the amount of the installments,

extend the payment plan beyond seventy-two (72) months, or waive

payment of all or part of the amount owed. The court may include a

financial incentive for accelerated payment. Additionally, the

court may order community service in lieu of payment. The defendant

shall receive credit for no less than two times the amount of the

minimum wage specified pursuant to state law for each hour of

community service.

2. If at any time due to a change in conditions the defendant

is unable to pay the financial obligations ordered by the court or

any installment, the defendant may request an additional cost

hearing.

E. If the court determines that a waiver of any of the

financial obligations is warranted, the court shall equally apply

the same percentage reduction to all fines, costs, fees, and

assessments, excluding restitution.

F. 1. If a defendant is delinquent in the payment of financial

obligations or an installment by more than sixty (60) days, the

court clerk shall notify the court which shall, within ten (10) days

thereafter, set a cost hearing for the court to determine if the

defendant is able to pay. The hearing shall be set on a date that

will allow the court clerk to issue a summons fourteen (14) days

prior to the cost hearing.

2. No less than fourteen (14) days prior to the cost hearing,

the court clerk shall issue one summons to the defendant to be

served by United States mail to the mailing address of the defendant

on file in the case, substantially as follows:

SUMMONS

You are ORDERED to appear for a cost hearing at a specified time,

place, and date to determine if you are financially able but

willfully refuse or neglect to pay the fines, costs, fees, or

assessments or an installment due in Case No.__________.

You must be present at the hearing.

At any time before the date of the cost hearing, you may contact the

court clerk and pay the fines, costs, fees, or assessments or any

installment due.

Oklahoma Statutes - Title 22. Criminal Procedure Page 280

THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for

the cost hearing or to make the payment, the court will issue a

WARRANT for “FAILURE TO APPEAR—COST HEARING” and refer the case to a

court cost compliance liaison which will cause an additional thirty

percent (30%) administrative fee to be added to the amount owed.

3. If the defendant fails to appear at the cost hearing or pay

the amount due the court shall issue a warrant for FAILURE TO

APPEAR—COST HEARING and refer the case to the court cost compliance

program as provided in subsection K of this section.

4. Municipal courts, in lieu of mailing the summons provided

for in this subsection, may give the defendant personal notice at

the time of sentencing of a specific date, time, and place, not less

than sixty (60) nor more than one hundred twenty (120) days from the

date of sentencing to appear for a cost hearing if the fines, costs,

fees, and assessments remain unpaid.

G. If a defendant is found by a law enforcement officer to have

an outstanding warrant for FAILURE TO APPEAR—COST HEARING, the law

enforcement officer shall release the defendant and issue a citation

to appear pursuant to Section 209 of this title. If the defendant

fails to appear at the time and place cited by the law enforcement

officer, the court may issue a summons or warrant as provided in

Section 209 of this title. The provisions of this subsection shall

not apply to a municipal court if the municipal court has previously

provided personal service to the defendant of an opportunity for a

cost hearing.

H. In determining whether the defendant is able to pay

delinquent financial obligations or any installments due, the court

shall consider the criteria provided in subsection C of this

section.

I. Any defendant found guilty of an offense in any court of

this state may be imprisoned for nonpayment of his or her financial

obligations when the court finds after notice and hearing that the

defendant is financially able but willfully refuses or neglects to

pay the financial obligations owed. A sentence to pay a fine, cost,

fee, or assessment may be converted into a jail sentence only after

a hearing and a judicial determination, memorialized of record, that

the defendant is able to satisfy the fine, cost, fee, or assessment

by payment, but refuses or neglects so to do.

J. In addition, the district court or municipal court, within

one hundred twenty (120) days from the date upon which the person

was originally ordered to make payment, and if the court finds and

memorializes into the record that the defendant is financially able

but willfully refuses to or neglects to pay the fines, costs, fees,

or assessments, or an installment due, may send notice of nonpayment

of any court ordered fine and costs for a moving traffic violation

to Service Oklahoma with a recommendation of suspension of driving

privileges of the defendant until the total amount of any fine and

Oklahoma Statutes - Title 22. Criminal Procedure Page 281

costs has been paid. Upon receipt of payment of the total amount of

the fine and costs for the moving traffic violation, the court shall

send notice thereof to Service Oklahoma, if a nonpayment notice was

sent as provided for in this subsection. Notices sent to Service

Oklahoma shall be on forms or by a method approved by Service

Oklahoma.

K. All counties of the state shall fully utilize and

participate in the court cost compliance program. Cases shall be

referred to the court cost compliance program not less than thirty

(30) days nor more than sixty (60) days after the defendant fails to

appear for a cost hearing unless the defendant pays the amount owed

on the financial obligation, or an installment due. When the court

refers the case, the updated contact information on file shall be

forwarded to a court cost compliance liaison for collection

purposes.

L. The Court of Criminal Appeals shall implement procedures,

forms, and rules consistent with the provisions of this section for

methods of establishing payment plans of fines, costs, fees, and

assessments by indigents, which procedures, forms, and rules shall

be distributed to all district courts and municipal courts by the

Administrative Office of the Courts.
Okla. Stat. tit. 22, § 22-991a-3 — OK Code / Title 22 / Section 22-991a-3
Restitution of buyer of property unlawfully obtained
Status: in_force

A. Upon a verdict or plea of guilty or upon a plea of nolo

contendere for an offense in which any property is unlawfully

obtained and the property is sold, traded, bartered, pledged or

pawned, the court may order the defendant to provide restitution to

the buyer, recipient or pledgee of the property for the value of any

consideration paid, loaned or given for the property unless the

buyer, recipient or pledgee has violated the provisions of Section

1092, 1093 or 1713 of Title 21 of the Oklahoma Statutes. Such

restitution shall be in addition to any restitution to the victim

and shall be in addition to any other penalties provided by law.

Restitution to the buyer, recipient or pledgee shall be ordered

pursuant to the provisions of subparagraph a of paragraph 1 of

subsection A of Section 991a of Title 22 of the Oklahoma Statutes.

B. The buyer of any property which has been unlawfully obtained

and which is lawfully returned to its rightful owner shall have the

right to bring a civil action against the person who sold, traded,

bartered, pledged or pawned the property for the value of any

consideration paid, loaned or given for the property unless the

buyer has violated the provisions of Section 1092, 1093 or 1713 of

Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-471.9 — OK Code / Title 22 / Section 22-471.9
Successful completion of program
Status: in_force

A. When an offender has successfully completed the drug court

program, the criminal case against the offender shall be:

Oklahoma Statutes - Title 22. Criminal Procedure Page 197

1. Dismissed or the sentence deferred for a period not to

exceed two (2) years if the offense was a first felony offense; or

2. If the offender has a prior felony conviction, the

disposition shall be as specified in the written plea agreement.

B. The final disposition order for a drug court case shall be

filed with the judge assigned to the case, and shall indicate the

sentence specified in the written plea agreement. A copy of the

final disposition order for the drug court case shall also be filed

in the original criminal case file under the control of the court

clerk which is open to the public for inspection. Original criminal

case files which are under the control of the court clerk and which

are subsequently assigned to the drug court program shall be marked

with a pending notation until a final disposition order is entered

in the drug court case. After an offender completes the program,

the drug court case file shall be sealed by the judge and may be

destroyed after ten (10) years. The district attorney shall have

access to sealed drug court case files without a court order.

C. A record pertaining to an offense resulting in a successful

completion of a drug court program shall not, without the offender's

consent in writing, be used in any way which could result in the

denial of any employee benefit.

D. Successful completion of a drug court program shall not

prohibit any administrative agency from taking disciplinary action

against any licensee or from denying a license or privilege as may

be required by law.

E. When the offender has successfully completed the drug court

program, the drug court judge shall have the discretion to expressly

waive all or part of the court costs and fees, driver license

reinstatement fees, if applicable, and fines associated with the

criminal case if, in the opinion of the drug court judge, continued

payment of the court costs, fees and fines by the offender would

create a financial hardship for the offender, including specifically

the discretion to waive any requirement that fines and costs be

satisfied by a person prior to that person being eligible for a

provisional driver license pursuant to Section 6-212 of Title 47 of

the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-2 — OK Code / Title 22 / Section 22-2
Indictment or information necessary, except when
Status: in_force

Every public offense must be prosecuted by indictment, or

information except;

1. Where proceedings are had for the removal of civil officers

of this state.

2. Offenses arising in the militia, when in actual service, and

in the land and naval forces in time of war, or which the state may

keep, with the consent of Congress in time of peace.

3. Offenses tried in justices' and police courts in cases

concerning which lawful jurisdiction, without the intervention of a

grand jury, is or may be conferred upon said courts.
Okla. Stat. tit. 22, § 22-990a-1.1 — OK Code / Title 22 / Section 22-990a-1.1
Sentencing procedures
Status: in_force

When sentencing an eligible offender on or after March 1, 2000,

to a community punishment, the sentencing court shall impose a

deferred or suspended sentence and then proceed to determine at the

sentencing hearing the terms and conditions of the community

punishment which shall be ordered as conditions of the deferred or

suspended sentence.
Okla. Stat. tit. 22, § 22-1181.1 — OK Code / Title 22 / Section 22-1181.1
Removal for acts of commission, omission, neglect
Status: in_force

All elective or appointed officers in this state, including

elective or appointed officers of the state and elective or

Oklahoma Statutes - Title 22. Criminal Procedure Page 471

appointed officers in each county, city, town or school district of

this state, but excluding any elective officers liable to

impeachment, shall be subject to removal from office in such manner

and for such causes as now provided by law, or as may be provided by

law passed subsequent to this section and Section 1181.2 of this

title, and any such officer or officers may be removed or ousted

from office for any act or acts of commission or omission or neglect

which may be committed, done or omitted during the term in which

such ouster or removal proceedings may be filed, and any such

officer or officers may be removed or ousted from office for any act

or acts of commission, omission or neglect committed, done or

omitted during a previous or preceding term in any office.
Okla. Stat. tit. 22, § 22-1084 — OK Code / Title 22 / Section 22-1084
Evidentiary hearing - Findings of fact and conclusions of
Status: in_force

law.

If the application cannot be disposed of on the pleadings and

record, or there exists a material issue of fact, the court shall

conduct an evidentiary hearing at which time a record shall be made

and preserved. The court may receive proof by affidavits,

depositions, oral testimony, or other evidence and may order the

applicant brought before it for the hearing. A judge should not

preside at such a hearing if his testimony is material. The court

Oklahoma Statutes - Title 22. Criminal Procedure Page 373

shall make specific findings of fact, and state expressly its

conclusions of law, relating to each issue presented. This order is

a final judgment.
Okla. Stat. tit. 22, § 22-73 — OK Code / Title 22 / Section 22-73
Deadly force to protect unborn justified - Circumstances
Status: in_force

A. A pregnant woman is justified in using force or deadly force

against another to protect her unborn child if:

1. Under the circumstances as the pregnant woman reasonably

believes them to be, she would be justified in using force or deadly

force to protect herself against the unlawful force or unlawful

deadly force she reasonably believes to be threatening her unborn

child; and

2. She reasonably believes that her intervention and use of

force or deadly force are immediately necessary to protect her

unborn child.

B. This affirmative defense to criminal liability does not

apply to:

1. Acts committed by anyone other than the pregnant woman;

2. Acts where the pregnant woman would be obligated to retreat,

to surrender the possession of a thing, or to comply with a demand

before using force in self-defense. However, the pregnant woman is

not obligated to retreat before using force or deadly force to

protect her unborn child, unless she knows that she can thereby

secure the complete safety of her unborn child; or

3. The defense of human embryos existing outside of a woman’s

body.
Okla. Stat. tit. 22, § 22-1343 — OK Code / Title 22 / Section 22-1343
Detention of suspect - Purposes
Status: in_force

Any merchant, his agent or employee, who has reasonable grounds

or probable cause to believe that a person has committed or is

committing a wrongful taking of merchandise or money from a

mercantile establishment, may detain such person in a reasonable

manner for a reasonable length of time for all or any of the

following purposes:

(a) Conducting an investigation, including reasonable

interrogation of the detained person, as to whether there has been a

wrongful taking of such merchandise or money;

(b) Informing the police or other law enforcement officials of

the facts relevant to such detention;

(c) Performing a reasonable search of the detained person and

his belongings when it appears that the merchandise or money may

otherwise be lost; and

(d) Recovering the merchandise or money believed to have been

taken wrongfully. Any such reasonable detention shall not

constitute an unlawful arrest or detention, nor shall it render the

merchant, his agent or employee criminally or civilly liable to the

person so detained.
Okla. Stat. tit. 22, § 22-1111.1 — OK Code / Title 22 / Section 22-1111.1
Return of operator's license
Status: in_force

The court clerk shall return an operator's license deposited in

lieu of cash bail, as provided by Section 1111 of this title, to the

defendant upon the following:

(a) acceptance of the defendant's personal check for cash bail

and collection of funds;

(b) appearance to answer the charge or to post bond; or

(c) election to enter a plea of guilty by transmitting to the

court clerk the cash bail as provided by Section 1112 of this title.
Okla. Stat. tit. 22, § 22-991a-13 — OK Code / Title 22 / Section 22-991a-13
Short title
Status: in_force

Sections 442 through 449 of this act shall be known and may be

cited as the “Elderly and Incapacitated Victim's Protection

Program”.
Okla. Stat. tit. 22, § 22-691 — OK Code / Title 22 / Section 22-691
Challenges to individual jurors
Status: in_force

All challenges to individual jurors must be taken, first by the

defendant and then by the state alternately.
Okla. Stat. tit. 22, § 22-332 — OK Code / Title 22 / Section 22-332
Foreman to swear witness
Status: in_force

The foreman may administer an oath to any witness appearing

before the grand jury.
Okla. Stat. tit. 22, § 22-792 — OK Code / Title 22 / Section 22-792
Commission and return open to inspection
Status: in_force

The commission and return must at all times be open to the

inspection of all persons, who must be furnished a copy of the same,

or any part thereof, on payment of his fees.
Okla. Stat. tit. 22, § 22-789 — OK Code / Title 22 / Section 22-789
Delivery of returned commission by agent
Status: in_force

If the commission and return be delivered by the commissioner to

an agent, he must deliver the same to the clerk to whom it is

directed, or to the judge of the court in which the action is

pending, by whom it may be received and opened upon the agent making

affidavit that he received it from the hands of the commissioner,

and that it has not been opened or altered since he received it.
Okla. Stat. tit. 22, § 22-916 — OK Code / Title 22 / Section 22-916
Included offense or attempt may be found
Status: in_force

The jury may find the defendant guilty of any offense, the

commission of which is necessarily included in that with which he is

charged, or of an attempt to commit the offense.
Okla. Stat. tit. 22, § 22-4 — OK Code / Title 22 / Section 22-4
Construction of words
Status: in_force

Unless when otherwise provided, words used in this code in the

present tense include the future as well as the present. Words used

in the masculine comprehend as well the feminine and neuter. The

singular number includes the plural, and the plural the singular.

And the word person includes a corporation as well as a natural

person.
Okla. Stat. tit. 22, § 22-1111.2 — OK Code / Title 22 / Section 22-1111.2
Failure to appear for arraignment
Status: in_force

The arresting officer shall indicate on the citation the date of

the arraignment, and the defendant shall appear in person or by

Oklahoma Statutes - Title 22. Criminal Procedure Page 416

counsel at the stated time and place for arraignment. If the

defendant fails to appear in court in person or by counsel for

arraignment on the charge against him, or fails to arrange with the

court within the time designated on the citation for a future

appearance, the cash bail, if cash bail has been deposited by the

defendant, shall be forfeited. If a license to operate a motor

vehicle has been deposited under subsection (b) of Section 1111 of

this title, the court clerk shall immediately forward to Service

Oklahoma the operator’s license attached to an official notification

form furnished by Service Oklahoma, advising that the defendant

failed to appear; in addition, on motion of the district attorney,

the court shall issue a bench warrant for the arrest of the

defendant. If a license has been deposited under subsection (a) of

Section 1111 of this title and the out-of-state defendant’s personal

check is not honored, the court clerk shall immediately forward to

Service Oklahoma the license stating that the check has not been

honored. If bail has been forfeited, on motion of the district

attorney, the court shall issue a bench warrant. Provided, however,

that bail forfeiture shall not be construed as a plea of guilty or

admission in any civil action that may thereafter arise by reason of

said occurrence.
Okla. Stat. tit. 22, § 22-497 — OK Code / Title 22 / Section 22-497
Motion to set aside indictment or information heard, when
Status: in_force

The motion must be heard at the time it is made unless for good

cause the court postpone the hearing to another time.
Okla. Stat. tit. 22, § 22-991a — OK Code / Title 22 / Section 22-991a
See the following versions:
Status: in_force

OS 22-991av1 (SB 1068, Laws 2019, c. 453, § 1)

OS 22-991av2 (HB 1460, Laws 2025, c. 305, § 2)

OS 22-991av3 (HB 1462, Laws 2025, c. 306, § 1)
Okla. Stat. tit. 22, § 22-183 — OK Code / Title 22 / Section 22-183
Offense triable in another county - Proceedings for
Status: in_force

arrest.

When a complaint is laid before a magistrate of the commission

of a public offense triable in another county of the state, but

showing that the defendant is in the county where the complaint is

made, the same proceedings must be had as prescribed in this

chapter, except that the warrant must require the defendant to be

taken before the nearest and most accessible magistrate of the

county in which the offense is triable, and the complaint of the

informant, with the depositions, if any, of the witnesses who may

have been produced, must be delivered by the magistrate to the

officer to whom the warrant is delivered.
Okla. Stat. tit. 22, § 22-601b — OK Code / Title 22 / Section 22-601b
Protracted deliberations - Sequestration of alternate
Status: in_force

jurors.

If, upon final submission of the cause, the court is of the

opinion that the deliberations may be protracted, the court may

order the alternate juror or jurors to remain sequestered physically

or by admonition not to discuss the case with any person or allow

any person to discuss the case with a juror. In such event said

alternate or alternates shall remain apart from the jury and not

take part in its deliberations, but shall await the call of the

court at some place designated by the court until such time as said

alternate may be needed. In the event one or two of the twelve

jurors shall, during the course of deliberations, be discharged

because of illness, or die, the court shall order one or both

alternate jurors to take their places in the jury room and

deliberations shall then continue.

In the event the cause is a bifurcated, two-stage proceeding,

the "final submission of the cause" shall occur when the jury

retires to deliberate upon the sentence in the punishment or second

stage of the proceedings. In such a trial the alternates shall not

be excused prior to commencement of deliberations in the second

stage.
Okla. Stat. tit. 22, § 22-60.6v2 — OK Code / Title 22 / Section 22-60.6v2
Violation of emergency temporary, ex parte or final
Status: in_force

protective order - Penalties.

A. Except as otherwise provided by this section, any person

who:

1. Has been served with an emergency temporary, ex parte or

final protective order or foreign protective order and is in

violation of such protective order, upon conviction, shall be guilty

of a misdemeanor and shall be punished by a fine of not more than

One Thousand Dollars ($1,000.00) or by a term of imprisonment in the

county jail of not more than one (1) year, or by both such fine and

imprisonment; and

2. After a previous conviction of a violation of a protective

order, is convicted of a second or subsequent offense pursuant to

the provisions of this section shall, upon conviction, be guilty of

a Class D1 felony offense and shall be punished by a term of

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by a fine of not less

than Two Thousand Dollars ($2,000.00) nor more than Ten Thousand

Dollars ($10,000.00), or by both such fine and imprisonment.

B. 1. Any person who has been served with an emergency

temporary, ex parte or final protective order or foreign protective

order who violates the protective order and causes physical injury

or physical impairment to the plaintiff or to any other person named

in said protective order shall, upon conviction, be guilty of a

misdemeanor and shall be punished by a term of imprisonment in the

county jail for not less than twenty (20) days nor more than one (1)

year. In addition to the term of imprisonment, the person may be

punished by a fine not to exceed Five Thousand Dollars ($5,000.00).

2. Any person who is convicted of a second or subsequent

violation of a protective order which causes physical injury or

physical impairment to a plaintiff or to any other person named in

the protective order shall be guilty of a Class D1 felony offense

and shall be punished by a term of imprisonment in the custody of

the Department of Corrections of not less than one (1) year nor more

than five (5) years, or by a fine of not less than Three Thousand

Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00),

or by both such fine and imprisonment.

Oklahoma Statutes - Title 22. Criminal Procedure Page 89

3. In determining the term of imprisonment required by this

section, the jury or sentencing judge shall consider the degree of

physical injury or physical impairment to the victim.

4. The provisions of this subsection shall not affect the

applicability of Sections 644, 645, 647 and 652 of Title 21 of the

Oklahoma Statutes.

C. The minimum sentence of imprisonment issued pursuant to the

provisions of paragraph 2 of subsection A and paragraph 2 of

subsection B of this section shall not be subject to statutory

provisions for suspended sentences, deferred sentences or probation,

provided the court may subject any remaining penalty under the

jurisdiction of the court to the statutory provisions for suspended

sentences, deferred sentences or probation.

D. In addition to any other penalty specified by this section,

the court shall require a defendant to undergo the treatment or

participate in the counseling services necessary to bring about the

cessation of domestic abuse against the victim or to bring about the

cessation of stalking or harassment of the victim. For every

conviction of violation of a protective order:

1. The court shall specifically order as a condition of a

suspended sentence or probation that a defendant participate in

counseling or undergo treatment to bring about the cessation of

domestic abuse as specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to participate

in counseling or undergo treatment for domestic abuse

by an individual licensed practitioner or a domestic

abuse treatment program certified by the Attorney

General. If the defendant is ordered to participate

in a domestic abuse counseling or treatment program,

the order shall require the defendant to attend the

program for a minimum of fifty-two (52) weeks,

complete the program, and be evaluated before and

after attendance of the program by a program counselor

or a private counselor.

b. A program for anger management, couples counseling, or

family and marital counseling shall not solely qualify

for the counseling or treatment requirement for

domestic abuse pursuant to this subsection. The

counseling may be ordered in addition to counseling

specifically for the treatment of domestic abuse or

per evaluation as set forth below. If, after

sufficient evaluation and attendance at required

counseling sessions, the domestic violence treatment

program or licensed professional determines that the

defendant does not evaluate as a perpetrator of

domestic violence or does evaluate as a perpetrator of

domestic violence and should complete other programs

Oklahoma Statutes - Title 22. Criminal Procedure Page 90

of treatment simultaneously or prior to domestic

violence treatment, including but not limited to

programs related to the mental health, apparent

substance or alcohol abuse or inability or refusal to

manage anger, the defendant shall be ordered to

complete the counseling as per the recommendations of

the domestic violence treatment program or licensed

professional;

3. a. The court shall set a review hearing no more than one

hundred twenty (120) days after the defendant is

ordered to participate in a domestic abuse counseling

program or undergo treatment for domestic abuse to

assure the attendance and compliance of the defendant

with the provisions of this subsection and the

domestic abuse counseling or treatment requirements.

b. The court shall set a second review hearing after the

completion of the counseling or treatment to assure

the attendance and compliance of the defendant with

the provisions of this subsection and the domestic

abuse counseling or treatment requirements. The court

may suspend sentencing of the defendant until the

defendant has presented proof to the court of

enrollment in a program of treatment for domestic

abuse by an individual licensed practitioner or a

domestic abuse treatment program certified by the

Attorney General and attendance at weekly sessions of

such program. Such proof shall be presented to the

court by the defendant no later than one hundred

twenty (120) days after the defendant is ordered to

such counseling or treatment. At such time, the court

may complete sentencing, beginning the period of the

sentence from the date that proof of enrollment is

presented to the court, and schedule reviews as

required by subparagraphs a and b of this paragraph

and paragraphs 4 and 5 of this subsection. The court

shall retain continuing jurisdiction over the

defendant during the course of ordered counseling

through the final review hearing;

4. The court may set subsequent or other review hearings as the

court determines necessary to assure the defendant attends and fully

complies with the provisions of this subsection and the domestic

abuse counseling or treatment requirements;

5. At any review hearing, if the defendant is not

satisfactorily attending individual counseling or a domestic abuse

counseling or treatment program or is not in compliance with any

domestic abuse counseling or treatment requirements, the court may

order the defendant to further or continue counseling, treatment, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 91

other necessary services. The court may revoke all or any part of a

suspended sentence, deferred sentence, or probation pursuant to

Section 991b of this title and subject the defendant to any or all

remaining portions of the original sentence;

6. At the first review hearing, the court shall require the

defendant to appear in court. Thereafter, for any subsequent review

hearings, the court may accept a report on the progress of the

defendant from individual counseling, domestic abuse counseling, or

the treatment program. There shall be no requirement for the victim

to attend review hearings; and

7. If funding is available, a referee may be appointed and

assigned by the presiding judge of the district court to hear

designated cases set for review under this subsection. Reasonable

compensation for the referees shall be fixed by the presiding judge.

The referee shall meet the requirements and perform all duties in

the same manner and procedure as set forth in Sections 1-8-103 and

2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees

appointed in juvenile proceedings.

E. Emergency temporary, ex parte and final protective orders

shall include notice of these penalties.

F. When a minor child violates the provisions of any protective

order, the violation shall be heard in a juvenile proceeding and the

court may order the child and the parent or parents of the child to

participate in family counseling services necessary to bring about

the cessation of domestic abuse against the victim and may order

community service hours to be performed in lieu of any fine or

imprisonment authorized by this section.

G. Any district court of this state and any judge thereof shall

be immune from any liability or prosecution for issuing an order

that requires a defendant to:

1. Attend a treatment program for domestic abusers certified by

the Attorney General;

2. Attend counseling or treatment services ordered as part of

any final protective order or for any violation of a protective

order; and

3. Attend, complete, and be evaluated before and after

attendance by a treatment program for domestic abusers certified by

the Attorney General.

H. At no time, under any proceeding, may a person protected by

a protective order be held to be in violation of that protective

order. Only a defendant against whom a protective order has been

issued may be held to have violated the order.

I. In addition to any other penalty specified by this section,

the court may order a defendant to use an active, real-time, twenty-

four-hour Global Positioning System (GPS) monitoring device as a

condition of a sentence. The court may further order the defendant

to pay costs and expenses related to the GPS device and monitoring.

Oklahoma Statutes - Title 22. Criminal Procedure Page 92
Okla. Stat. tit. 22, § 22-60.31 — OK Code / Title 22 / Section 22-60.31
Family justice centers
Status: in_force

Beginning on January 1, 2016, any governmental entity in a

county that receives sufficient funds to implement such program may

establish a family justice center to assist victims of domestic

violence, sexual assault, elder or dependent adult abuse and

stalking to ensure that victims of abuse are able to access all

needed services in one location in order to enhance victim safety

and increase offender accountability. Family justice centers shall

comply with all applicable laws and regulations of this state, and

may include, but not be limited to, the participation of law

enforcement, the prosecuting authority, and an Attorney General

certified victim services agency.
Okla. Stat. tit. 22, § 22-265 — OK Code / Title 22 / Section 22-265
Commitment when offense is not bailable
Status: in_force

If the offense be not bailable, the following words or words to

the same effect, must be added to the endorsement: