Okla. Stat. tit. 22, § 22-1067 — OK Code / Title 22 / Section 22-1067
Order when no offense committed - When indictment
Status: in_force

defective.

When a judgment against the defendant is reversed, and it

appears that no offense whatever has been committed, the Criminal

Court of Appeals must direct that the defendant be discharged; but

if it appears that the defendant is guilty of an offense although

defectively charged in the indictment, the Criminal Court of Appeals

must direct the prisoner to be returned and delivered over to the

jailer of the proper county, there to abide the order of the court

in which he was convicted.
Okla. Stat. tit. 22, § 22-402 — OK Code / Title 22 / Section 22-402
Indictment or information must be certain and direct
Status: in_force

The indictment or information must be direct and certain as it

regards:

1. The party charged.

2. The offense charged.

3. The particular circumstances of the offense charged, when

they are necessary to constitute a complete offense.
Okla. Stat. tit. 22, § 22-985 — OK Code / Title 22 / Section 22-985
Short title - Justice Safety Valve Act
Status: in_force

Sections 2 and 3 of this act shall be known and may be cited as

the "Justice Safety Valve Act".
Okla. Stat. tit. 22, § 22-1194 — OK Code / Title 22 / Section 22-1194
County commissioners or judge and treasurer may present
Status: in_force

accusation, when - Proceedings.

The board of county commissioners may, in the case of any county

or township officer, present such accusation and bring an action in

the name of the county for the removal of such officer, and the

district court shall have exclusive jurisdiction thereof; but if any

county commissioner is the party charged, then the county judge and

county treasurer shall present such accusation and bring the action.

The proceedings, in actions brought under the provisions of this

section shall, except as provided in the two next succeeding

sections, be as is provided in the preceding sections of this

article.
Okla. Stat. tit. 22, § 22-991av1 — OK Code / Title 22 / Section 22-991av1
Sentencing powers of court - Alcohol and drug
Status: in_force

assessment and evaluation - Restitution, fines or incarceration -

Victim impact statements - Probation and monitoring - DNA samples.

A. Except as otherwise provided in the Elderly and

Incapacitated Victim's Protection Program, when a defendant is

convicted of a crime and no death sentence is imposed, the court

shall either:

1. Suspend the execution of sentence in whole or in part, with

or without probation. The court, in addition, may order the

convicted defendant at the time of sentencing or at any time during

the suspended sentence to do one or more of the following:

a. to provide restitution to the victim as provided by

Section 991f et seq. of this title or according to a

schedule of payments established by the sentencing

court, together with interest upon any pecuniary sum

at the rate of twelve percent (12%) per annum, if the

defendant agrees to pay such restitution or, in the

opinion of the court, if the defendant is able to pay

such restitution without imposing manifest hardship on

the defendant or the immediate family and if the

extent of the damage to the victim is determinable

with reasonable certainty,

b. to reimburse any state agency for amounts paid by the

state agency for hospital and medical expenses

incurred by the victim or victims, as a result of the

criminal act for which such person was convicted,

which reimbursement shall be made directly to the

state agency, with interest accruing thereon at the

rate of twelve percent (12%) per annum,

Oklahoma Statutes - Title 22. Criminal Procedure Page 572

c. to engage in a term of community service without

compensation, according to a schedule consistent with

the employment and family responsibilities of the

person convicted,

d. to pay a reasonable sum into any trust fund,

established pursuant to the provisions of Sections 176

through 180.4 of Title 60 of the Oklahoma Statutes,

and which provides restitution payments by convicted

defendants to victims of crimes committed within this

state wherein such victim has incurred a financial

loss,

e. to confinement in the county jail for a period not to

exceed six (6) months,

f. to confinement as provided by law together with a term

of post-imprisonment community supervision for not

less than three (3) years of the total term allowed by

law for imprisonment, with or without restitution;

provided, however, the authority of this provision is

limited to Section 843.5 of Title 21 of the Oklahoma

Statutes when the offense involved sexual abuse or

sexual exploitation; Sections 681, 741 and 843.1 of

Title 21 of the Oklahoma Statutes when the offense

involved sexual abuse or sexual exploitation; and

Sections 865 et seq., 885, 886, 888, 891, 1021,

1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and

1123 of Title 21 of the Oklahoma Statutes,

g. to repay the reward or part of the reward paid by a

local certified crime stoppers program and the

Oklahoma Reward System. In determining whether the

defendant shall repay the reward or part of the

reward, the court shall consider the ability of the

defendant to make the payment, the financial hardship

on the defendant to make the required payment, and the

importance of the information to the prosecution of

the defendant as provided by the arresting officer or

the district attorney with due regard for the

confidentiality of the records of the local certified

crime stoppers program and the Oklahoma Reward System.

The court shall assess this repayment against the

defendant as a cost of prosecution. The term

"certified" means crime stoppers organizations that

annually meet the certification standards for crime

stoppers programs established by the Oklahoma Crime

Stoppers Association to the extent those standards do

not conflict with state statutes. The term "court"

refers to all municipal and district courts within

this state. The "Oklahoma Reward System" means the

Oklahoma Statutes - Title 22. Criminal Procedure Page 573

reward program established by Section 150.18 of Title

74 of the Oklahoma Statutes,

h. to reimburse the Oklahoma State Bureau of

Investigation for costs incurred by that agency during

its investigation of the crime for which the defendant

pleaded guilty, nolo contendere or was convicted,

including compensation for laboratory, technical, or

investigation services performed by the Bureau if, in

the opinion of the court, the defendant is able to pay

without imposing manifest hardship on the defendant,

and if the costs incurred by the Bureau during the

investigation of the defendant's case may be

determined with reasonable certainty,

i. to reimburse the Oklahoma State Bureau of

Investigation and any authorized law enforcement

agency for all costs incurred by that agency for

cleaning up an illegal drug laboratory site for which

the defendant pleaded guilty, nolo contendere or was

convicted. The court clerk shall collect the amount

and may retain five percent (5%) of such monies to be

deposited in the Court Clerk Revolving Fund to cover

administrative costs and shall remit the remainder to

the Oklahoma State Bureau of Investigation to be

deposited in the OSBI Revolving Fund established by

Section 150.19a of Title 74 of the Oklahoma Statutes

or to the general fund wherein the other law

enforcement agency is located,

j. to pay a reasonable sum to the Crime Victims

Compensation Board, created by Section 142.2 et seq.

of Title 21 of the Oklahoma Statutes, for the benefit

of crime victims,

k. to reimburse the court fund for amounts paid to court-

appointed attorneys for representing the defendant in

the case in which the person is being sentenced,

l. to participate in an assessment and evaluation by an

assessment agency or assessment personnel certified by

the Department of Mental Health and Substance Abuse

Services pursuant to Section 3-460 of Title 43A of the

Oklahoma Statutes and, as determined by the

assessment, participate in an alcohol and drug

substance abuse course or treatment program or both,

pursuant to Sections 3-452 and 3-453 of Title 43A of

the Oklahoma Statutes, or as ordered by the court,

m. to be placed in a victims impact panel program, as

defined in subsection H of this section, or

victim/offender reconciliation program and payment of

a fee to the program of not less than Fifteen Dollars

Oklahoma Statutes - Title 22. Criminal Procedure Page 574

($15.00) nor more than Sixty Dollars ($60.00) as set

by the governing authority of the program to offset

the cost of participation by the defendant. Provided,

each victim/offender reconciliation program shall be

required to obtain a written consent form voluntarily

signed by the victim and defendant that specifies the

methods to be used to resolve the issues, the

obligations and rights of each person, and the

confidentiality of the proceedings. Volunteer

mediators and employees of a victim/offender

reconciliation program shall be immune from liability

and have rights of confidentiality as provided in

Section 1805 of Title 12 of the Oklahoma Statutes,

n. to install, at the expense of the defendant, an

ignition interlock device approved by the Board of

Tests for Alcohol and Drug Influence. The device

shall be installed upon every motor vehicle operated

by the defendant, and the court shall require that a

notation of this restriction be affixed to the

defendant's driver license. The restriction shall

remain on the driver license not exceeding two (2)

years to be determined by the court. The restriction

may be modified or removed only by order of the court

and notice of any modification order shall be given to

the Department of Public Safety. Upon the expiration

of the period for the restriction, the Department of

Public Safety shall remove the restriction without

further court order. Failure to comply with the order

to install an ignition interlock device or operating

any vehicle without a device during the period of

restriction shall be a violation of the sentence and

may be punished as deemed proper by the sentencing

court. As used in this paragraph, "ignition interlock

device" means a device that, without tampering or

intervention by another person, would prevent the

defendant from operating a motor vehicle if the

defendant has a blood or breath alcohol concentration

of two-hundredths (0.02) or greater,

o. to be confined by electronic monitoring administered

and supervised by the Department of Corrections or a

community sentence provider, and payment of a

monitoring fee to the supervising authority, not to

exceed Three Hundred Dollars ($300.00) per month. Any

fees collected pursuant to this paragraph shall be

deposited with the appropriate supervising authority.

Any willful violation of an order of the court for the

payment of the monitoring fee shall be a violation of

Oklahoma Statutes - Title 22. Criminal Procedure Page 575

the sentence and may be punished as deemed proper by

the sentencing court. As used in this paragraph,

"electronic monitoring" means confinement of the

defendant within a specified location or locations

with supervision by means of an electronic device

approved by the Department of Corrections which is

designed to detect if the defendant is in the court-

ordered location at the required times and which

records violations for investigation by a qualified

supervisory agency or person,

p. to perform one or more courses of treatment, education

or rehabilitation for any conditions, behaviors,

deficiencies or disorders which may contribute to

criminal conduct, including but not limited to alcohol

and substance abuse, mental health, emotional health,

physical health, propensity for violence, antisocial

behavior, personality or attitudes, deviant sexual

behavior, child development, parenting assistance, job

skills, vocational-technical skills, domestic

relations, literacy, education, or any other

identifiable deficiency which may be treated

appropriately in the community and for which a

certified provider or a program recognized by the

court as having significant positive impact exists in

the community. Any treatment, education or

rehabilitation provider required to be certified

pursuant to law or rule shall be certified by the

appropriate state agency or a national organization,

q. to submit to periodic testing for alcohol,

intoxicating substance, or controlled dangerous

substances by a qualified laboratory,

r. to pay a fee, costs for treatment, education,

supervision, participation in a program, or any

combination thereof as determined by the court, based

upon the defendant's ability to pay the fees or costs,

s. to be supervised by a Department of Corrections

employee, a private supervision provider, or other

person designated by the court,

t. to obtain positive behavior modeling by a trained

mentor,

u. to serve a term of confinement in a restrictive

housing facility available in the community,

v. to serve a term of confinement in the county jail at

night or during weekends pursuant to Section 991a-2 of

this title or for work release,

w. to obtain employment or participate in employment-

related activities,

Oklahoma Statutes - Title 22. Criminal Procedure Page 576

x. to participate in mandatory day reporting to

facilities or persons for services, payments, duties

or person-to-person contacts as specified by the

court,

y. to pay day fines not to exceed fifty percent (50%) of

the net wages earned. For purposes of this paragraph,

"day fine" means the offender is ordered to pay an

amount calculated as a percentage of net daily wages

earned. The day fine shall be paid to the local

community sentencing system as reparation to the

community. Day fines shall be used to support the

local system,

z. to submit to blood or saliva testing as required by

subsection I of this section,

aa. to repair or restore property damaged by the

defendant's conduct, if the court determines the

defendant possesses sufficient skill to repair or

restore the property and the victim consents to the

repairing or restoring of the property,

bb. to restore damaged property in kind or payment of out-

of-pocket expenses to the victim, if the court is able

to determine the actual out-of-pocket expenses

suffered by the victim,

cc. to attend a victim-offender reconciliation program if

the victim agrees to participate and the offender is

deemed appropriate for participation,

dd. in the case of a person convicted of prostitution

pursuant to Section 1029 of Title 21 of the Oklahoma

Statutes, require such person to receive counseling

for the behavior which may have caused such person to

engage in prostitution activities. Such person may be

required to receive counseling in areas including but

not limited to alcohol and substance abuse, sexual

behavior problems, or domestic abuse or child abuse

problems,

ee. in the case of a sex offender sentenced after November

1, 1989, and required by law to register pursuant to

the Sex Offender Registration Act, the court shall

require the person to comply with sex offender

specific rules and conditions of supervision

established by the Department of Corrections and

require the person to participate in a treatment

program designed for the treatment of sex offenders

during the period of time while the offender is

subject to supervision by the Department of

Corrections. The treatment program shall include

polygraph examinations specifically designed for use

Oklahoma Statutes - Title 22. Criminal Procedure Page 577

with sex offenders for purposes of supervision and

treatment compliance, and shall be administered not

less than each six (6) months during the period of

supervision. The examination shall be administered by

a certified licensed polygraph examiner. The

treatment program must be approved by the Department

of Corrections or the Department of Mental Health and

Substance Abuse Services. Such treatment shall be at

the expense of the defendant based on the defendant's

ability to pay,

ff. in addition to other sentencing powers of the court,

the court in the case of a defendant being sentenced

for a felony conviction for a violation of Section 2-

402 of Title 63 of the Oklahoma Statutes which

involves marijuana may require the person to

participate in a drug court program, if available. If

a drug court program is not available, the defendant

may be required to participate in a community

sanctions program, if available,

gg. in the case of a person convicted of any false or

bogus check violation, as defined in Section 1541.4 of

Title 21 of the Oklahoma Statutes, impose a fee of

Twenty-five Dollars ($25.00) to the victim for each

check, and impose a bogus check fee to be paid to the

district attorney. The bogus check fee paid to the

district attorney shall be equal to the amount

assessed as court costs plus Twenty-five Dollars

($25.00) for each check upon filing of the case in

district court. This money shall be deposited in the

Bogus Check Restitution Program Fund as established in

subsection B of Section 114 of this title.

Additionally, the court may require the offender to

pay restitution and bogus check fees on any other

bogus check or checks that have been submitted to the

District Attorney Bogus Check Restitution Program,

hh. in the case of a person being sentenced for a

conviction for a violation of Section 644 of Title 21

of the Oklahoma Statutes, require the person to

receive an assessment for batterers, which shall be

conducted through a certified treatment program for

batterers, and

ii. any other provision specifically ordered by the court.

However, any such order for restitution, community service,

payment to a local certified crime stoppers program, payment to the

Oklahoma Reward System, or confinement in the county jail, or a

combination thereof, shall be made in conjunction with probation and

shall be made a condition of the suspended sentence.

Oklahoma Statutes - Title 22. Criminal Procedure Page 578

However, unless under the supervision of the district attorney,

the offender shall be required to pay Forty Dollars ($40.00) per

month to the district attorney during the first two (2) years of

probation to compensate the district attorney for the costs incurred

during the prosecution of the offender and for the additional work

of verifying the compliance of the offender with the rules and

conditions of his or her probation. The district attorney may waive

any part of this requirement in the best interests of justice. Any

fees collected by the district attorney pursuant to this paragraph

shall be deposited in the General Revenue Fund of the State

Treasury. The court shall not waive, suspend, defer or dismiss the

costs of prosecution in its entirety. However, if the court

determines that a reduction in the fine, costs and costs of

prosecution is warranted, the court shall equally apply the same

percentage reduction to the fine, costs and costs of prosecution

owed by the offender;

2. Impose a fine prescribed by law for the offense, with or

without probation or commitment and with or without restitution or

service as provided for in this section, Section 991a-4.1 of this

title or Section 227 of Title 57 of the Oklahoma Statutes;

3. Commit such person for confinement provided for by law with

or without restitution as provided for in this section;

4. Order the defendant to reimburse the Oklahoma State Bureau

of Investigation for costs incurred by that agency during its

investigation of the crime for which the defendant pleaded guilty,

nolo contendere or was convicted, including compensation for

laboratory, technical, or investigation services performed by the

Bureau if, in the opinion of the court, the defendant is able to pay

without imposing manifest hardship on the defendant, and if the

costs incurred by the Bureau during the investigation of the

defendant's case may be determined with reasonable certainty;

5. Order the defendant to reimburse the Oklahoma State Bureau

of Investigation for all costs incurred by that agency for cleaning

up an illegal drug laboratory site for which the defendant pleaded

guilty, nolo contendere or was convicted. The court clerk shall

collect the amount and may retain five percent (5%) of such monies

to be deposited in the Court Clerk Revolving Fund to cover

administrative costs and shall remit the remainder to the Oklahoma

State Bureau of Investigation to be deposited in the OSBI Revolving

Fund established by Section 150.19a of Title 74 of the Oklahoma

Statutes;

6. In addition to the other sentencing powers of the court, in

the case of a person convicted of operating or being in control of a

motor vehicle while the person was under the influence of alcohol,

other intoxicating substance, or a combination of alcohol or another

intoxicating substance, or convicted of operating a motor vehicle

Oklahoma Statutes - Title 22. Criminal Procedure Page 579

while the ability of the person to operate such vehicle was impaired

due to the consumption of alcohol, require such person:

a. to participate in an alcohol and drug assessment and

evaluation by an assessment agency or assessment

personnel certified by the Department of Mental Health

and Substance Abuse Services pursuant to Section 3-460

of Title 43A of the Oklahoma Statutes and, as

determined by the assessment, participate in an

alcohol and drug substance abuse course or treatment

program or both, pursuant to Sections 3-452 and 3-453

of Title 43A of the Oklahoma Statutes,

b. to attend a victims impact panel program, as defined

in subsection H of this section, if such a program is

offered in the county where the judgment is rendered,

and to pay a fee of not less than Fifteen Dollars

($15.00) nor more than Sixty Dollars ($60.00) as set

by the governing authority of the program and approved

by the court, to the program to offset the cost of

participation by the defendant, if in the opinion of

the court the defendant has the ability to pay such

fee,

c. to both participate in the alcohol and drug substance

abuse course or treatment program, pursuant to

subparagraph a of this paragraph and attend a victims

impact panel program, pursuant to subparagraph b of

this paragraph,

d. to install, at the expense of the person, an ignition

interlock device approved by the Board of Tests for

Alcohol and Drug Influence, upon every motor vehicle

operated by such person and to require that a notation

of this restriction be affixed to the person's driver

license at the time of reinstatement of the license.

The restriction shall remain on the driver license for

such period as the court shall determine. The

restriction may be modified or removed by order of the

court and notice of the order shall be given to the

Department of Public Safety. Upon the expiration of

the period for the restriction, the Department of

Public Safety shall remove the restriction without

further court order. Failure to comply with the order

to install an ignition interlock device or operating

any vehicle without such device during the period of

restriction shall be a violation of the sentence and

may be punished as deemed proper by the sentencing

court, or

e. beginning January 1, 1993, to submit to electronically

monitored home detention administered and supervised

Oklahoma Statutes - Title 22. Criminal Procedure Page 580

by the Department of Corrections, and to pay to the

Department a monitoring fee, not to exceed Seventy-

five Dollars ($75.00) a month, to the Department of

Corrections, if in the opinion of the court the

defendant has the ability to pay such fee. Any fees

collected pursuant to this subparagraph shall be

deposited in the Department of Corrections Revolving

Fund. Any order by the court for the payment of the

monitoring fee, if willfully disobeyed, may be

enforced as an indirect contempt of court;

7. In addition to the other sentencing powers of the court, in

the case of a person convicted of prostitution pursuant to Section

1029 of Title 21 of the Oklahoma Statutes, require such person to

receive counseling for the behavior which may have caused such

person to engage in prostitution activities. Such person may be

required to receive counseling in areas including but not limited to

alcohol and substance abuse, sexual behavior problems, or domestic

abuse or child abuse problems;

8. In addition to the other sentencing powers of the court, in

the case of a person convicted of any crime related to domestic

abuse, as defined in Section 60.1 of this title, the court may

require the defendant to undergo the treatment or participate in an

intervention program for batterers certified by the Office of the

Attorney General, necessary to bring about the cessation of domestic

abuse. In the instance where the defendant alleges that he or she

is a victim of domestic abuse and the current conviction is a

response to that abuse, the court may require the defendant to

undergo an assessment by a domestic violence program certified by

the Office of the Attorney General, and, if based upon the results

of the assessment, the defendant is determined to be a victim of

domestic violence, the defendant shall undergo treatment and

participate in a certified program for domestic violence victims.

The defendant may be required to pay all or part of the cost of the

treatment or counseling services;

9. In addition to the other sentencing powers of the court, the

court, in the case of a sex offender sentenced after November 1,

1989, and required by law to register pursuant to the Sex Offenders

Registration Act, shall require the person to participate in a

treatment program designed specifically for the treatment of sex

offenders, if available. The treatment program will include

polygraph examinations specifically designed for use with sex

offenders for the purpose of supervision and treatment compliance,

provided the examination is administered by a certified licensed

polygraph examiner. The treatment program must be approved by the

Department of Corrections or the Department of Mental Health and

Substance Abuse Services. Such treatment shall be at the expense of

the defendant based on the defendant's ability to pay;

Oklahoma Statutes - Title 22. Criminal Procedure Page 581

10. In addition to the other sentencing powers of the court,

the court, in the case of a person convicted of child abuse or

neglect, as defined in Section 1-1-105 of Title 10A of the Oklahoma

Statutes, may require the person to undergo treatment or to

participate in counseling services. The defendant may be required

to pay all or part of the cost of the treatment or counseling

services;

11. In addition to the other sentencing powers of the court,

the court, in the case of a person convicted of cruelty to animals

pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may

require the person to pay restitution to animal facilities for

medical care and any boarding costs of victimized animals;

12. In addition to the other sentencing powers of the court, a

sex offender who is habitual or aggravated as defined by Section 584

of Title 57 of the Oklahoma Statutes and who is required to register

as a sex offender pursuant to the Oklahoma Sex Offenders

Registration Act shall be supervised by the Department of

Corrections for the duration of the registration period and shall be

assigned to a global position monitoring device by the Department of

Corrections for the duration of the registration period. The cost

of such monitoring device shall be reimbursed by the offender;

13. In addition to the other sentencing powers of the court, in

the case of a sex offender who is required by law to register

pursuant to the Sex Offenders Registration Act, the court may

prohibit the person from accessing or using any Internet social

networking web site that has the potential or likelihood of allowing

the sex offender to have contact with any child who is under the age

of eighteen (18) years; or

14. In addition to the other sentencing powers of the court, in

the case of a sex offender who is required by law to register

pursuant to the Sex Offenders Registration Act, the court shall

require the person to register any electronic mail address

information, instant message, chat or other Internet communication

name or identity information that the person uses or intends to use

while accessing the Internet or used for other purposes of social

networking or other similar Internet communication.

B. Notwithstanding any other provision of law, any person who

is found guilty of a violation of any provision of Section 761 or

11-902 of Title 47 of the Oklahoma Statutes or any person pleading

guilty or nolo contendere for a violation of any provision of such

sections shall be ordered to participate in, prior to sentencing, an

alcohol and drug assessment and evaluation by an assessment agency

or assessment personnel certified by the Department of Mental Health

and Substance Abuse Services for the purpose of evaluating the

receptivity to treatment and prognosis of the person. The court

shall order the person to reimburse the agency or assessor for the

evaluation. The fee shall be the amount provided in subsection C of

Oklahoma Statutes - Title 22. Criminal Procedure Page 582

Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation

shall be conducted at a certified assessment agency, the office of a

certified assessor or at another location as ordered by the court.

The agency or assessor shall, within seventy-two (72) hours from the

time the person is assessed, submit a written report to the court

for the purpose of assisting the court in its final sentencing

determination. No person, agency or facility operating an alcohol

and drug substance abuse evaluation program certified by the

Department of Mental Health and Substance Abuse Services shall

solicit or refer any person evaluated pursuant to this subsection

for any treatment program or alcohol and drug substance abuse

service in which such person, agency or facility has a vested

interest; however, this provision shall not be construed to prohibit

the court from ordering participation in or any person from

voluntarily utilizing a treatment program or alcohol and drug

substance abuse service offered by such person, agency or facility.

If a person is sentenced to the custody of the Department of

Corrections and the court has received a written evaluation report

pursuant to this subsection, the report shall be furnished to the

Department of Corrections with the judgment and sentence. Any

evaluation report submitted to the court pursuant to this subsection

shall be handled in a manner which will keep such report

confidential from the general public's review. Nothing contained in

this subsection shall be construed to prohibit the court from

ordering judgment and sentence in the event the defendant fails or

refuses to comply with an order of the court to obtain the

evaluation required by this subsection.

C. When sentencing a person convicted of a crime, the court

shall first consider a program of restitution for the victim, as

well as imposition of a fine or incarceration of the offender. The

provisions of paragraph 1 of subsection A of this section shall not

apply to a defendant being sentenced for:

1. A third or subsequent conviction of a violent crime

enumerated in Section 571 of Title 57 of the Oklahoma Statutes;

2. A fourth or subsequent conviction for any other felony

crime; or

3. Beginning January 1, 1993, a defendant being sentenced for a

second or subsequent felony conviction for violation of Section 11-

902 of Title 47 of the Oklahoma Statutes, except as otherwise

provided in this subsection.

In the case of a person being sentenced for a second or

subsequent felony conviction for violation of Section 11-902 of

Title 47 of the Oklahoma Statutes, the court may sentence the person

pursuant to the provisions of paragraph 1 of subsection A of this

section if the court orders the person to submit to electronically

monitored home detention administered and supervised by the

Department of Corrections pursuant to subparagraph e of paragraph 7

Oklahoma Statutes - Title 22. Criminal Procedure Page 583

of subsection A of this section. Provided, the court may waive

these prohibitions upon written application of the district

attorney. Both the application and the waiver shall be made part of

the record of the case.

D. When sentencing a person convicted of a crime, the judge

shall consider any victims impact statements if submitted to the

jury, or the judge in the event a jury is waived.

E. Probation, for purposes of subsection A of this section, is

a procedure by which a defendant found guilty of a crime, whether

upon a verdict or plea of guilty or upon a plea of nolo contendere,

is released by the court subject to conditions imposed by the court

and subject to supervision by the Department of Corrections, a

private supervision provider or other person designated by the

court. Such supervision shall be initiated upon an order of

probation from the court, and shall not exceed two (2) years, unless

a petition alleging a violation of any condition of deferred

judgment or seeking revocation of the suspended sentence is filed

during the supervision, or as otherwise provided by law. In the

case of a person convicted of a sex offense, supervision shall begin

immediately upon release from incarceration or if parole is granted

and shall not be limited to two (2) years. Provided further, any

supervision provided for in this section may be extended for a

period not to exceed the expiration of the maximum term or terms of

the sentence upon a determination by the court or the Division of

Probation and Parole of the Department of Corrections that the best

interests of the public and the release will be served by an

extended period of supervision. Any supervision provided for under

this section may not have the period of supervision extended for a

failure to pay fines, fees and other costs, excluding restitution,

except upon a finding of willful nonpayment.

F. The Department of Corrections, or such other agency as the

court may designate, shall be responsible for the monitoring and

administration of the restitution and service programs provided for

by subparagraphs a, c, and d of paragraph 1 of subsection A of this

section, and shall ensure that restitution payments are forwarded to

the victim and that service assignments are properly performed.

G. 1. The Department of Corrections is hereby authorized,

subject to funds available through appropriation by the Legislature,

to contract with counties for the administration of county Community

Service Sentencing Programs.

2. Any offender eligible to participate in the Program pursuant

to Section 991a et seq. of this title shall be eligible to

participate in a county Program; provided, participation in county-

funded Programs shall not be limited to offenders who would

otherwise be sentenced to confinement with the Department of

Corrections.

Oklahoma Statutes - Title 22. Criminal Procedure Page 584

3. The Department shall establish criteria and specifications

for contracts with counties for such Programs. A county may apply

to the Department for a contract for a county-funded Program for a

specific period of time. The Department shall be responsible for

ensuring that any contracting county complies in full with

specifications and requirements of the contract. The contract shall

set appropriate compensation to the county for services to the

Department.

4. The Department is hereby authorized to provide technical

assistance to any county in establishing a Program, regardless of

whether the county enters into a contract pursuant to this

subsection. Technical assistance shall include appropriate

staffing, development of community resources, sponsorship,

supervision and any other requirements.

5. The Department shall annually make a report to the Governor,

the President Pro Tempore of the Senate and the Speaker of the House

on the number of such Programs, the number of participating

offenders, the success rates of each Program according to criteria

established by the Department and the costs of each Program.

H. As used in this section:

1. "Ignition interlock device" means a device that, without

tampering or intervention by another person, would prevent the

defendant from operating a motor vehicle if the defendant has a

blood or breath alcohol concentration of two-hundredths (0.02) or

greater;

2. "Electronically monitored home detention" means

incarceration of the defendant within a specified location or

locations with monitoring by means of a device approved by the

Department of Corrections that detects if the person leaves the

confines of any specified location; and

3. "Victims impact panel program" means a meeting with at least

one live presenter who will share personal stories with participants

about how alcohol, drug abuse and the illegal conduct of others has

personally impacted the life of the presenter. A victims impact

panel program shall be attended by persons who have committed the

offense of driving, operating or being in actual physical control of

a motor vehicle while under the influence of alcohol or other

intoxicating substance. Persons attending a victims impact panel

program shall be required to pay a fee of not less than Fifteen

Dollars ($15.00) nor more than Sixty Dollars ($60.00) to the

provider of the program. A certificate of completion shall be

issued to the person upon satisfying the attendance and fee

requirements of the victims impact panel program. A victims impact

panel program shall not be provided by any certified assessment

agency or certified assessor. The provider of the victims impact

panel program shall carry general liability insurance and maintain

Oklahoma Statutes - Title 22. Criminal Procedure Page 585

an accurate accounting of all business transactions and funds

received in relation to the victims impact panel program.

I. A person convicted of a felony offense or receiving any form

of probation for an offense in which registration is required

pursuant to the Sex Offenders Registration Act, shall submit to

deoxyribonucleic acid DNA testing for law enforcement identification

purposes in accordance with Section 150.27 of Title 74 of the

Oklahoma Statutes and the rules promulgated by the Oklahoma State

Bureau of Investigation for the OSBI Combined DNA Index System

(CODIS) Database. Subject to the availability of funds, any person

convicted of a misdemeanor offense of assault and battery, domestic

abuse, stalking, possession of a controlled substance prohibited

under Schedule IV of the Uniform Controlled Dangerous Substances

Act, outraging public decency, resisting arrest, escape or

attempting to escape, eluding a police officer, Peeping Tom,

pointing a firearm, unlawful carry of a firearm, illegal transport

of a firearm, discharging of a firearm, threatening an act of

violence, breaking and entering a dwelling place, destruction of

property, negligent homicide, or causing a personal injury accident

while driving under the influence of any intoxicating substance, or

any alien unlawfully present under federal immigration law, upon

arrest, shall submit to deoxyribonucleic acid DNA testing for law

enforcement identification purposes in accordance with Section

150.27 of Title 74 of the Oklahoma Statutes and the rules

promulgated by the Oklahoma State Bureau of Investigation for the

OSBI Combined DNA Index System (CODIS) Database. Any defendant

sentenced to probation shall be required to submit to testing within

thirty (30) days of sentencing either to the Department of

Corrections or to the county sheriff or other peace officer as

directed by the court. Defendants who are sentenced to a term of

incarceration shall submit to testing in accordance with Section

530.1 of Title 57 of the Oklahoma Statutes, for those defendants who

enter the custody of the Department of Corrections or to the county

sheriff, for those defendants sentenced to incarceration in a county

jail. Convicted individuals who have previously submitted to DNA

testing under this section and for whom a valid sample is on file in

the OSBI Combined DNA Index System (CODIS) Database at the time of

sentencing shall not be required to submit to additional testing.

Except as required by the Sex Offenders Registration Act, a deferred

judgment does not require submission to deoxyribonucleic acid

testing.

Any person who is incarcerated in the custody of the Department

of Corrections after July 1, 1996, and who has not been released

before January 1, 2006, shall provide a blood or saliva sample prior

to release. Every person subject to DNA testing after January 1,

2006, whose sentence does not include a term of confinement with the

Department of Corrections, shall submit a blood or saliva sample.

Oklahoma Statutes - Title 22. Criminal Procedure Page 586

Every person subject to DNA testing who is sentenced to unsupervised

probation or otherwise not supervised by the Department of

Corrections shall submit for blood or saliva testing to the sheriff

of the sentencing county.

J. Samples of blood or saliva for DNA testing required by

subsection I of this section shall be taken by employees or

contractors of the Department of Corrections, peace officers, or the

county sheriff or employees or contractors of the sheriff's office.

The individuals shall be properly trained to collect blood or saliva

samples. Persons collecting blood or saliva for DNA testing

pursuant to this section shall be immune from civil liabilities

arising from this activity. All collectors of DNA samples shall

ensure the collection of samples are mailed to the Oklahoma State

Bureau of Investigation within ten (10) days of the time the subject

appears for testing or within ten (10) days of the date the subject

comes into physical custody to serve a term of incarceration. All

collectors of DNA samples shall use sample kits provided by the OSBI

and procedures promulgated by the OSBI. Persons subject to DNA

testing who are not received at the Lexington Assessment and

Reception Center shall be required to pay a fee of Fifteen Dollars

($15.00) to the agency collecting the sample for submission to the

OSBI Combined DNA Index System (CODIS) Database. Any fees collected

pursuant to this subsection shall be deposited in the revolving

account or the service fee account of the collection agency or

department.

K. When sentencing a person who has been convicted of a crime

that would subject that person to the provisions of the Sex

Offenders Registration Act, neither the court nor the district

attorney shall be allowed to waive or exempt such person from the

registration requirements of the Sex Offenders Registration Act.
Okla. Stat. tit. 22, § 22-1115.1 — OK Code / Title 22 / Section 22-1115.1
Release on personal recognizance - Arraignment - Plea -
Status: in_force

Failure to plead or appear.

A. In addition to other provisions of law for posting bail, any

person, whether a resident of this state or a nonresident, who is

arrested by a law enforcement officer solely for a misdemeanor

violation of a state traffic law or municipal traffic ordinance,

shall be released by the arresting officer upon personal

recognizance if:

1. The arrested person has been issued a valid license to

operate a motor vehicle by this state, another state jurisdiction

within the United States, which is a participant in the Nonresident

Violator Compact or any party jurisdiction of the Nonresident

Violator Compact;

2. The arresting officer is satisfied as to the identity of the

arrested person;

3. The arrested person signs a written promise to appear as

provided for on the citation, unless the person is unconscious or

injured and requires immediate medical treatment as determined by a

treating physician; and

4. The violation does not constitute:

a. a felony, or

b. negligent homicide, or

c. driving or being in actual physical control of a motor

vehicle while impaired or under the influence of

alcohol or other intoxicating substances, unless the

person is unconscious or injured and requires

immediate medical treatment as determined by a

treating physician, or

d. eluding or attempting to elude a law enforcement

officer, or

e. operating a motor vehicle without having been issued a

valid driver license, or while the driving privilege

Oklahoma Statutes - Title 22. Criminal Procedure Page 420

and driver license is under suspension, revocation,

denial or cancellation, or

f. an arrest based upon an outstanding warrant, or

g. a traffic violation coupled with any offense stated in

subparagraphs a through f of this paragraph.

B. If the arrested person is eligible for release on personal

recognizance as provided for in subsection A of this section, then

the arresting officer shall:

1. Designate the traffic charge;

2. Record information from the arrested person’s driver license

on the citation form, including the name, address, date of birth,

personal description, type of driver license, driver license number,

issuing state, and expiration date;

3. Record the motor vehicle make, model and tag information;

4. Record the date and time on the citation on which, or before

which, the arrested person promises to contact, pay, or appear at

the court, as applicable to the court; and

5. Permit the arrested person to sign a written promise to

contact, pay, or appear at the court, as provided for in the

citation.

The arresting officer shall then release the person upon personal

recognizance based upon the signed promise to appear. The citation

shall contain a written notice to the arrested person that release

upon personal recognizance based upon a signed written promise to

appear for arraignment is conditional and that failure to timely

appear for arraignment shall result in the suspension of the

arrested person’s driving privilege and driver license in this

state, or in the nonresident’s home state pursuant to the

Nonresident Violator Compact.

C. The court, or the court clerk as directed by the court, may

continue or reschedule the date and time of arraignment upon request

of the arrested person or the attorney for that person. If the

arraignment is continued or rescheduled, the arrested person shall

remain on personal recognizance and written promise to appear until

such arraignment, in the same manner and with the same consequences

as if the continued or rescheduled arraignment was entered on the

citation by the arresting officer and signed by the defendant. An

arraignment may be continued or rescheduled more than one time.

Provided, however, the court shall require an arraignment to be had

within a reasonable time. It shall remain the duty of the defendant

to appear for arraignment unless the citation is satisfied as

provided for in subsection D of this section.

D. A defendant released upon personal recognizance may elect to

enter a plea of guilty or nolo contendere to the violation charged

at any time before the defendant is required to appear for

arraignment by indicating such plea on the copy of the citation

furnished to the defendant or on a legible copy thereof, together

Oklahoma Statutes - Title 22. Criminal Procedure Page 421

with the date of the plea and signature. The defendant shall be

responsible for assuring full payment of the fine and costs to the

appropriate court clerk. Payment of the fine and costs may be made

by personal, cashier’s, traveler’s, certified or guaranteed bank

check, postal or commercial money order, or other form of payment

approved by the court in an amount prescribed as bail for the

offense. Provided, however, the defendant shall not use currency

for payment by mail. If the defendant has entered a plea of guilty

or nolo contendere as provided for in this subsection, such plea

shall be accepted by the court and the amount of the fine and costs

shall be:

1. As prescribed in Section 1115.3 of this title as bail for

the violation; or

2. In case of a municipal violation, as prescribed by municipal

ordinance for the violation charged; or

3. In the absence of such law or ordinance, then as prescribed

by the court.

E. 1. If, pursuant to the provisions of subsection D of this

section, the defendant does not timely elect to enter a plea of

guilty or nolo contendere and fails to timely appear for

arraignment, the court may issue a warrant for the arrest of the

defendant and the municipal or district court clerk, within one

hundred twenty (120) calendar days from the date the citation was

issued by the arresting officer, shall notify Service Oklahoma that:

a. the defendant was issued a traffic citation and

released upon personal recognizance after signing a

written promise to appear for arraignment as provided

for in the citation,

b. the defendant has failed to appear for arraignment

without good cause shown,

c. the defendant has not posted bail, paid a fine, or

made any other arrangement with the court to satisfy

the citation, and

d. the citation has not been satisfied as provided by

law.

Additionally, the court clerk shall request Service Oklahoma to

either suspend the defendant’s driving privilege and driver license

to operate a motor vehicle in this state, or notify the defendant’s

home state and request suspension of the defendant’s driving

privilege and driver license in accordance with the provisions of

the Nonresident Violator Compact. Such notice and request shall be

on a form approved or furnished by Service Oklahoma.

2. The court clerk shall not process the notification and

request provided for in paragraph 1 of this subsection if, with

respect to such charges:

a. the defendant was arraigned, posted bail, paid a fine,

was jailed, or otherwise settled the case, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 422

b. the defendant was not released upon personal

recognizance upon a signed written promise to appear

as provided for in this section or if released, was

not permitted to remain on such personal recognizance

for arraignment, or

c. the violation relates to parking or standing, or

d. a period of one hundred twenty (120) calendar days or

more has elapsed from the date the citation was issued

by the arresting officer.

F. Following receipt of the notice and request from the court

clerk for driving privilege and driver license suspension as

provided for in subsection E of this section, Service Oklahoma shall

proceed as provided for in Section 1115.5 of this title.

G. The municipal or district court clerk shall maintain a

record of each request for driving privilege and driver license

suspension submitted to Service Oklahoma pursuant to the provisions

of this section. When the court or court clerk receives appropriate

bail or payment of the fine and costs, settles the citation, makes

other arrangements with the defendant, or otherwise closes the case,

the court clerk shall furnish proof thereof to such defendant, if

the defendant personally appears, or shall mail such proof by first

class mail, postage prepaid, to the defendant at the address noted

on the citation or at such other address as is furnished by the

defendant. Additionally, the court or court clerk shall notify the

home jurisdiction of the defendant as listed on the citation, if

such jurisdiction is a member of the Nonresident Violator Compact,

and shall, in all other cases, notify Service Oklahoma, of the

resolution of the case. The form of proof and the procedures for

notification shall be approved by Service Oklahoma. Provided,

however, the court or court clerk’s failure to furnish such proof or

notice in the manner provided for in this subsection shall in no

event create any civil liability upon the court, the court clerk,

the State of Oklahoma or any political subdivision thereof, or any

state department or agency or any employee thereof but duplicate

proof shall be furnished to the person entitled thereto upon

request.
Okla. Stat. tit. 22, § 22-1175.7 — OK Code / Title 22 / Section 22-1175.7
Persons incompetent but capable of achieving competency within reasonable time -
Status: in_force

Treatment order - Medical supervisor - Commitment - Private treatment - Involuntary commitmentwithin reasonable time - Treatment order - Medical supervisor -

Commitment - Private treatment - Involuntary commitment to

Department of Human Services prohibited.

A. If the person is found incompetent, but capable of achieving

competency within a reasonable period of time, as defined by the

court, the court shall order such person to undergo such treatment,

therapy or training which is calculated to allow the person to

achieve competence.

B. If the person is not committed to the custody of the

Department of Mental Health and Substance Abuse Services, the court

shall appoint a medical supervisor for a course of treatment. The

medical supervisor of treatment may be any person or agency that

agrees to supervise the course of treatment. The proposed treatment

may be either inpatient or outpatient care depending on the

Oklahoma Statutes - Title 22. Criminal Procedure Page 469

facilities and resources available to the court and the type of

disability sought to be corrected by the court's order. The court

shall require the supervisor to provide periodic progress reports to

the court and may pay for the services of the medical supervisor

from court funds.

C. The court may not commit the incompetent person to the

custody of the Department of Mental Health and Substance Abuse

Services unless the person is a person requiring treatment as

defined by Title 43A of the Oklahoma Statutes.

D. The court may allow the person to receive treatment from

private facilities if such facilities are willing, and neither the

state nor the court fund is required to directly pay for such care.

E. In no event shall an incompetent individual be involuntarily

committed to the legal custody of the Department of Human Services

or any of its facilities.
Okla. Stat. tit. 22, § 22-362 — OK Code / Title 22 / Section 22-362
Costs and expenses
Status: in_force

The costs and expenses incurred by any multicounty grand jury in

the performance of its functions and duties shall be paid by the

state out of funds appropriated to the Office of the Attorney

General.
Okla. Stat. tit. 22, § 22-812.1 — OK Code / Title 22 / Section 22-812.1
Right to speedy trial – Time limits
Status: in_force

A. If any person charged with a crime and held in jail solely

by reason thereof is not brought to trial within nine (9) months

after the initial appearance by the person on the charge, the court

shall set the case for immediate review as provided in Section 812.2

of this title, to determine if the right of the accused to a speedy

trial, as provided in this section and in Section 812.2 of this

title, is being protected.

B. If any person charged with a felony crime who is held to

answer on an appearance bond is not brought to trial within eighteen

(18) months after the initial appearance, the court shall set the

case for immediate review as provided in Section 812.2 of this title

to determine if the right of the accused to a speedy trial is being

protected.

C. In the event a mistrial is declared or a conviction is

reversed on appeal, the time limitations provided for in this

section shall commence to run from the date the mistrial is declared

or the date of the mandate of the Court of Criminal Appeals.
Okla. Stat. tit. 22, § 22-267 — OK Code / Title 22 / Section 22-267
If bail is not taken
Status: in_force

If the offense is bailable, and the defendant is admitted to

bail, but the bail have not been taken, the following words, or

words to the same effect, must be added to such endorsement:

bail be given.
Okla. Stat. tit. 22, § 22-45 — OK Code / Title 22 / Section 22-45
Bond required, when
Status: in_force

If, however, there be just reason to fear the commission of the

offense the person complained of may be required to enter into an

undertaking in such sum, not exceeding One Thousand Dollars

($1,000.00), as the magistrate may direct, with one or more

sufficient sureties, to abide the order of the next district court

of the county, and in the meantime to keep the peace toward the

people of this state, and particularly toward the complainant.
Okla. Stat. tit. 22, § 22-354 — OK Code / Title 22 / Section 22-354
Powers - Document copies or reproductions
Status: in_force

A. The multicounty grand jury shall have the power to:

1. compel the attendance of witnesses;

2. compel the testimony of witnesses under oath;

3. take testimony of witnesses who have been granted immunity;4. require the production of documents, records and other evidence;

5. obtain the initiation of civil and criminal contempt

proceedings; and

6. exercise any investigative power of any grand jury of the

state.

B. Any document produced before a multicounty grand jury may be

copied or reproduced. Each statement, question, comment, or

response of the presiding judge, the Attorney General or his

designee, any witness, any grand juror or any other person which is

made in the presence of the multicounty grand jury, except its

deliberations and the vote of any juror, shall be stenographically

recorded or transcribed, or both.
Okla. Stat. tit. 22, § 22-896 — OK Code / Title 22 / Section 22-896
Discharge after agreement on verdict or showing of
Status: in_force

inability to agree.

Except as provided in the last section, the jury cannot be

discharged after the cause is submitted to them until they have

agreed upon their verdict, and rendered it in open court, unless by

the consent of both parties entered upon the minutes, or unless at

the expiration of such time as the court deems proper, it

satisfactorily appear that there is no reasonable probability that

the jury can agree.
Okla. Stat. tit. 22, § 22-788 — OK Code / Title 22 / Section 22-788
Execution of commission
Status: in_force

The commissioner, unless otherwise specially directed, may

execute the commission as follows:

1. He must administer an oath to the witness that his answers

given to the interrogatories shall be the truth, the whole truth and

nothing but the truth.

2. He must cause the examination of the witness to be reduced

to writing and subscribed by him.

3. He must write the answers of the witness as nearly as

possible in the language in which he gives them, and read to him

each answer so taken down, and correct or add to it until it

conforms to what he declares is the truth.

4. If the witness declines to answer a question, that fact,

with the reason assigned by him for declining, must be stated.

5. If any papers or documents are produced before him, and

proved by the witness, they, or copies of them, must be annexed to

the deposition, subscribed by the witness, and certified by the

commissioner.

6. The commissioner must subscribe his name to each sheet of

the deposition, with the papers and documents proved by the witness,

Oklahoma Statutes - Title 22. Criminal Procedure Page 241

or copies thereof, to the commissioner, and must close it up under

seal and address it as directed by the endorsement thereon.

7. If there be direction on the commission to return it by

mail, the commissioner must immediately deposit it in the nearest

post office. If any other direction be made by the written consent

of the parties, or by the court or judge, to the commissioner as to

its return, the commissioner must comply with the directions. A

copy of this section must be annexed to the commission.
Okla. Stat. tit. 22, § 22-761 — OK Code / Title 22 / Section 22-761
Conditional examination of witnesses
Status: in_force

When a defendant has been held to answer a charge for a public

offense, the defendant or the State of Oklahoma may either before or

after indictment or information, have witnesses examined

conditionally on his behalf as prescribed in this article, and not

otherwise.

R.L. 1910, § 6025. Amended by Laws 1994, c. 292, § 5, eff. Sept. 1,

1994.
Okla. Stat. tit. 22, § 22-305.3 — OK Code / Title 22 / Section 22-305.3
Termination of deferred prosecution agreement
Status: in_force

A. Both the State of Oklahoma and the accused may mutually

terminate the deferred prosecution at any time, and the case shall

proceed as if there had been no agreement. If the State of Oklahoma

makes the termination decision unilaterally, it shall only do so in

light of all the relevant circumstances of the case. Arrest of the

accused for a subsequent offense shall not automatically terminate

the agreement. If the State of Oklahoma should decide to terminate

the agreement, it shall:

1. Send a written notice of termination to the accused and the

attorney for the accused, if any, explaining the reasons for the

termination;

2. Disclose to the accused or the attorney for the accused the

evidence supporting the decision to terminate; and

3. Afford the accused the opportunity to be heard and present

evidence, and cross-examine witnesses before a judge of the district

court. The accused shall have ten (10) days from the date of

mailing of the notice to file a written request with the court clerk

for the county in which a charge is pending for the hearing, after

which the right to a hearing shall be waived. The burden shall be

upon the State of Oklahoma to prove that the accused did not fulfill

the conditions of the agreement, and that an information should be

filed.

B. On and after the effective date of this act, if an agreement

is terminated by the State of Oklahoma for failure of the person to

comply with the terms of the deferred prosecution agreement, the

termination document and supporting documentation shall be open to

the public.

C. If an agreement is terminated by the State of Oklahoma and

the accused is subsequently tried before a jury, the court shall

instruct the jury not to consider any delay in prosecution while the

accused was participating in the deferred prosecution program.
Okla. Stat. tit. 22, § 22-785 — OK Code / Title 22 / Section 22-785
Issuance of commission - Continuance
Status: in_force

If the court or the judge to whom the application is made, is

satisfied of the truth of the facts stated and that the examination

of the witness is necessary to the attainment of justice, an order

must be made that a commission be issued to take his testimony, and

the court or judge may insert in the order a direction that the

trial be stayed for a specified time reasonably sufficient for the

execution of the commission and return thereof, or the case may be

continued.

Oklahoma Statutes - Title 22. Criminal Procedure Page 240
Okla. Stat. tit. 22, § 22-1161 — OK Code / Title 22 / Section 22-1161
Acts committed by persons in a state of mental illness or defect - Sentencing - Appeal -
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 18defect - Sentencing - Appeal - Examination – Treatment.

A. 1. An act committed by a person in a state of mental

illness or mental defect shall be adjudicated as guilty with mental

defect or as not guilty by reason of mental illness.

2. If a person is found guilty with mental defect or enters a

plea of guilty with mental defect which is accepted by the court,

the court at the time of sentencing shall impose any sentence that

could be imposed by law upon a person who is convicted of the same

offense, and the person shall serve the sentence in custody of a

county jail or the Oklahoma Department of Corrections.

3. If a person who is found guilty with mental defect is placed

on probation under the jurisdiction of the sentencing court as

provided by law, the court shall immediately issue an order for the

person to be examined by the Department of Mental Health and

Substance Abuse Services. The time and place of such examination

shall be determined by the Department. Within forty-five (45) days,

the Department shall provide to the court a recommendation of

treatment for the person, which shall be made a condition of

probation. Reports as specified by the trial judge shall be filed

with the probation officer and the sentencing court. Failure to

continue treatment, except by agreement with the treating agency and

the sentencing court, is grounds for revocation of probation.

Treatment shall be provided by an agency of the Department or, with

the approval of the sentencing court and at the expense of the

person, by private agencies, private physicians or other mental

health personnel. A psychiatric report shall be filed with the

probation officer and the sentencing court every six (6) months

during the period of probation.

4. When in any criminal action by indictment or information,

the defense of mental illness is raised, but the defendant is not

acquitted on the ground that the defendant was mentally ill at the

time of the commission of the crime charged, an issue concerning

such defense may be raised on appeal. If the appellate court finds

relief is required, the appellate court shall not have authority to

modify the judgment or sentence but will only have the authority to

order a new trial or order resentencing without recommendations to

sentencing.

5. When in any criminal action by indictment or information the

defense of mental illness is interposed either singly or in

conjunction with some other defense, the jury shall state in the

verdict, if it is one of acquittal, whether or not the defendant is

acquitted on the ground of mental illness. When the defendant is

Oklahoma Statutes - Title 22. Criminal Procedure Page 447

acquitted on the ground that the defendant was mentally ill at the

time of the commission of the crime charged, the person shall not be

discharged from custody until the court has made a determination

that the person is not dangerous to the public peace and safety and

is a person requiring treatment.

B. 1. To assist the court in its determination, the court

shall immediately issue an order for the person to be examined by

the Department of Mental Health and Substance Abuse Services at a

facility the Department has designated to examine and treat forensic

individuals. Upon the issuance of the order, the sheriff shall

deliver the person to the designated facility.

2. Within forty-five (45) days of the court entering such an

order, a hearing shall be conducted by the court to ascertain

whether the person is dangerous to the public peace or safety

because the person is a person requiring treatment or, if not, is in

need of continued supervision as a result of unresolved symptoms of

mental illness or a history of treatment noncompliance. During the

required period of hospitalization, the Department of Mental Health

and Substance Abuse Services shall have the person examined by two

qualified psychiatrists or one such psychiatrist and one qualified

clinical psychologist whose training and experience enable the

professional to form expert opinions regarding mental illness,

competency, dangerousness and criminal responsibility.

C. 1. Each examiner shall, within thirty-five (35) days of

hospitalization, individually prepare and submit to the court, the

district attorney and the trial counsel of the person a report of

the psychiatric examination findings of the person and an evaluation

concerning whether the person is dangerous to the public peace or

safety.

2. If the court is dissatisfied with the reports or if a

disagreement on the issue of mental illness and dangerousness exists

between the two examiners, the court may designate one or more

additional examiners and have them submit their findings and

evaluations as specified in paragraph 1 of this subsection.

3. a. Within ten (10) days after the reports are filed, the

court must conduct a hearing to determine the present

condition of the person as to the issue of whether:

(1) the person is dangerous to the public peace or

safety because the person is a person requiring

treatment, or

(2) if not believed to be dangerous to the public

peace or safety, the person is in need of

continued supervision as a result of unresolved

symptoms of mental illness or a history of

treatment noncompliance.

b. The district attorney must establish the foregoing by

a preponderance of the evidence. At this hearing the

Oklahoma Statutes - Title 22. Criminal Procedure Page 448

person shall have the assistance of counsel and may

present independent evidence.

D. 1. If the court finds that the person is not dangerous to

the public peace or safety because the person is a person requiring

treatment and is not in need of continued supervision as a result of

unresolved symptoms of mental illness or a history of treatment

noncompliance, it shall immediately discharge the person from

hospitalization.

2. If the court finds that the person is dangerous to the

public peace and safety, it shall commit the person to the custody

of the Department of Mental Health and Substance Abuse Services.

The person shall then be subject to discharge pursuant to the

procedure set forth in this section.

a. During the period of hospitalization, the Department

of Mental Health and Substance Abuse Services may

administer or cause to be administered to the person

such psychiatric, medical or other therapeutic

treatment as in its judgment should be administered.

b. The person shall be subject to discharge or

conditional release pursuant to the procedures set

forth in this section.

E. If at any time the court finds the person is not dangerous

to the public peace or safety because the person is a person

requiring treatment, but is in need of continued supervision as a

result of unresolved symptoms of mental illness or a history of

treatment noncompliance, the court may:

1. Discharge the person pursuant to the procedure set forth in

this section;

2. Discharge the person, and upon the motion of the court or

the district attorney commence civil involuntary commitment

proceedings against the person pursuant to the provisions of Title

43A of the Oklahoma Statutes; or

3. Order conditional release, as set forth in subsection F of

this section.

F. There is hereby created a Forensic Review Board to be

composed of seven (7) members appointed by the Governor with the

advice and consent of the Senate. The Board members shall serve for

a term of five (5) years except that for members first appointed to

the Board: one shall serve for a term ending December 31, 2008, two

shall serve for a term ending December 31, 2009, two shall serve a

term ending December 31, 2010, and two shall serve for a term ending

December 31, 2011.

1. The Board shall be composed of:

a. four licensed mental health professionals with

experience in treating mental illness, at least one of

whom is licensed as a Doctor of Medicine, a Doctor of

Osteopathy, or a licensed clinical psychologist and

Oklahoma Statutes - Title 22. Criminal Procedure Page 449

shall be appointed from a list of seven names

submitted to the Governor by the Department of Mental

Health and Substance Abuse Services,

b. one member who shall be an attorney licensed to

practice in this state and shall be appointed from a

list of not less than three names submitted to the

Governor by the Board of Governors of the Oklahoma Bar

Association,

c. one member who shall be a retired judge licensed to

practice in this state and shall be appointed from a

list of not less than three names submitted to the

Governor by the Judicial Nominating Committee, and

d. one at-large member.

The attorney and retired judge members of the Board shall be

prohibited from representing in the courts of this state persons

charged with felony offenses while serving on the Board.

2. The Board shall meet as necessary to determine which

individuals confined with the Department of Mental Health and

Substance Abuse Services are eligible for therapeutic visits,

conditional release or discharge and whether the Board wishes to

make such a recommendation to the court of the county where the

individual was found not guilty by reason of insanity or not guilty

by reason of mental illness for those persons adjudicated as such

upon or after November 1, 2016.

a. Forensic Review Board meetings shall not be considered

subject to the Oklahoma Open Meeting Act and are not

open to the public. Other than the Forensic Review

Board members, only the following individuals shall be

permitted to attend Board meetings:

(1) the individual the Board is considering for

therapeutic visits, conditional release or

discharge, his or her treatment advocate, and

members of his or her treatment team,

(2) the Commissioner of Mental Health and Substance

Abuse Services or designee,

(3) the Advocate General for the Department of Mental

Health and Substance Abuse Services or designee,

(4) the General Counsel for the Department of Mental

Health and Substance Abuse Services or designee,

and

(5) any other persons the Board and Commissioner of

Mental Health and Substance Abuse Services wish

to be present.

b. The Department of Mental Health and Substance Abuse

Services shall provide administrative staff to the

Board to take minutes of meetings and prepare

necessary documents and correspondence for the Board

Oklahoma Statutes - Title 22. Criminal Procedure Page 450

to comply with its duties as set forth in this

section. The Department of Mental Health and

Substance Abuse Services shall also transport the

individuals being reviewed to and from the Board

meeting site.

c. The Board shall provide notice to the district

attorney of the county where the individual was found

not guilty by reason of mental illness at least forty-

five (45) days before meeting to determine eligibility

for therapeutic visits, conditional release, or

discharge.

d. The Board shall promulgate rules concerning the

granting and structure of therapeutic visits,

conditional releases and discharge.

e. For purposes of this subsection, “therapeutic visit”

means a scheduled time period off campus which

provides for progressive tests of the ability of the

consumer to maintain and demonstrate coping skills.

3. The Forensic Review Board shall submit any recommendation

for therapeutic visit, conditional release or discharge to the court

and district attorney of the county where the person was found not

guilty by reason of mental illness, the trial counsel of the person,

the Department of Mental Health and Substance Abuse Services and the

person at least fourteen (14) days prior to the scheduled visit.

a. The district attorney may file an objection to a

recommendation for a therapeutic visit within ten (10)

days of receipt of the notice.

b. If an objection is filed, the therapeutic visit is

stayed until a hearing is held. The court shall hold

a hearing not less than ten (10) days following an

objection to determine whether the therapeutic visit

is necessary for treatment, and if necessary, the

nature and extent of the visit.

4. During the period of hospitalization, the Department of

Mental Health and Substance Abuse Services shall submit an annual

report on the status of the person to the court, the district

attorney and the patient advocate general of the Department of

Mental Health and Substance Abuse Services.

G. Upon motion by the district attorney or upon a

recommendation for conditional release or discharge by the Forensic

Review Board, the court shall conduct a hearing to ascertain if the

person is dangerous and a person requiring treatment. This hearing

shall be conducted under the same procedure as the first hearing and

must occur not less than ten (10) days following the motion or

request by the Forensic Review Board.

1. If the court determines that the person continues to be

dangerous to the public peace and safety because the person is a

Oklahoma Statutes - Title 22. Criminal Procedure Page 451

person requiring treatment, it shall order the return of the person

to the hospital for additional treatment.

2. If the court determines that the person is not dangerous but

subject to certain conditions, the court may conditionally release

the person subject to the following:

a. the Forensic Review Board has made a recommendation

for conditional release, including a written plan for

outpatient treatment and a list of recommendations for

the court to place as conditions on the release,

b. in its order of conditional release, the court shall

specify conditions of release and shall direct the

appropriate agencies or persons to submit annual

reports regarding the compliance of the person with

the conditions of release and progress in treatment,

c. the person must agree, in writing, that during the

period the person is granted conditional release and

is subject to the provisions thereof, there shall be

free transmission of all pertinent information,

including clinical information regarding the person,

among the Department of Mental Health and Substance

Abuse Services, the appropriate community mental

health centers and the appropriate district attorneys,

law enforcement and court personnel,

d. the order of the court placing the person on

conditional release shall include notice that the

conditional release of the person may be revoked upon

good cause. The person placed on conditional release

shall remain under the supervision of the Department

of Mental Health and Substance Abuse Services until

the committing court enters a final discharge order.

The Department of Mental Health and Substance Abuse

Services shall assess the person placed on conditional

release annually and shall have the authority to

recommend discharge of the person to the Board, and

e. any agency or individual involved in providing

treatment with regard to the conditional release plan

of the person may prepare and file an affidavit under

oath if the agency or individual believes that the

person has failed to comply with the conditions of

release or that such person has progressed to the

point that inpatient care is appropriate.

(1) Any peace officer who receives such an affidavit

shall take the person into protective custody and

return the person to the forensic unit of the

state hospital.

(2) A hearing shall be conducted within three (3)

days, excluding holidays and weekends, after the

Oklahoma Statutes - Title 22. Criminal Procedure Page 452

person is returned to the forensic unit of the

state hospital to determine if the person has

violated the conditions of release, or if full-

time hospitalization is the least restrictive

alternative consistent with the needs of the

person and the need for public safety. Notice of

the hearing shall be issued, at least twenty-four

(24) hours before the hearing, to the hospital

superintendent, the person, trial counsel for the

person, and the patient advocate general of the

Department of Mental Health and Substance Abuse

Services. If the person requires hospitalization

because of a violation of the conditions of

release or because of progression to the point

that inpatient care is appropriate, the court may

then modify the conditions of release.

3. If the court determines that the person is not dangerous to

the public peace or safety because the person is not a person

requiring treatment, it shall order that the person be discharged

from the custody of the Department of Mental Health and Substance

Abuse Services.

H. As used in this section:

1. “Antisocial personality disorder” means antisocial

personality disorder as defined by the Diagnostic and Statistical

Manual of Mental Disorders, 5th Edition (DSM-5), or subsequent

editions;

2. “Court” or “sentencing court” means the court sitting in the

county where the person has been found to be not guilty by reason of

mental illness or guilty with mental defect;

3. “Dangerous” means a person who because of mental illness

poses a substantial risk of physical harm in the near future to

another person or persons. Dangerousness shall be determined by

such factors as whether the person has placed another person or

persons in a reasonable fear of violent behavior, and medication and

treatment compliance;

4. “Guilty with mental defect” means the person committed the

act and was either unable to understand the nature and consequences

of his or her actions or was unable to differentiate right from

wrong, and has been diagnosed with antisocial personality disorder

which substantially contributed to the act for which the person has

been charged;

5. “Mental defect” means the person has been diagnosed with

antisocial personality disorder which substantially contributed to

the act for which the person has been charged;

6. “Mental illness” means a substantial disorder of thought,

mood, perception, psychological orientation or memory that

Oklahoma Statutes - Title 22. Criminal Procedure Page 453

significantly impairs judgment, behavior, capacity to recognize

reality or ability to meet the ordinary demands of life;

7. “Not guilty by reason of mental illness” means the person

committed the act while mentally ill and was either unable to

understand the nature and consequences of his or her actions or was

unable to differentiate right from wrong, and has not been diagnosed

with antisocial personality disorder which substantially contributed

to the act for which the person has been charged; and

8. a. “Person requiring treatment” means a person who

because of mental illness:

(1) poses a substantial risk of physical harm to self

as manifested by evidence or serious threats of

or attempts at suicide or other significant self-

inflicted bodily harm,

(2) poses a substantial risk of physical harm to

another person or persons as manifested by

evidence of violent behavior directed toward

another person or persons,

(3) has placed another person or persons in

reasonable fear of serious physical harm or

violent behavior directed toward such person or

persons as manifested by serious and immediate

threats,

(4) is in a condition of severe deterioration such

that, without immediate intervention, there

exists a substantial risk that severe impairment

or injury will result to the person, or

(5) poses a substantial risk of serious physical

injury to self or death as manifested by evidence

that the person is unable to provide for and is

not providing for his or her basic physical

needs.

b. The mental health or substance abuse history of the

person may be used as part of the evidence to

determine whether the person is a person requiring

treatment. The mental health or substance abuse

history of the person shall not be the sole basis for

this determination.

c. Unless a person also meets the criteria established in

subparagraph a of this paragraph, “person requiring

treatment” shall not mean:

(1) a person whose mental processes have been

weakened or impaired by reason of advanced years,

dementia or Alzheimer’s disease,

(2) a person with intellectual or developmental

disability as defined in Title 10 of the Oklahoma

Statutes,

Oklahoma Statutes - Title 22. Criminal Procedure Page 454

(3) a person with seizure disorder, or

(4) a person with a traumatic brain injury.

I. Proceedings hereunder may be held in conformance with the

provisions of Section 3006 of Title 20 of the Oklahoma Statutes for

allowable use of videoconferencing.

R.L. 1910, § 6049. Amended by Laws 1935, p. 19, § 1, emerg. eff.

May 8, 1935; Laws 1975, c. 92, § 1; Laws 1983, c. 94, § 1, eff. Nov.

1, 1983; Laws 1990, c. 51, § 16, emerg. eff. April 9, 1990; Laws

2000, c. 421, § 1, eff. Nov. 1, 2000; Laws 2004, c. 188, § 1, eff.

Nov. 1, 2004; Laws 2007, c. 358, § 8, eff. July 1, 2007; Laws 2008,

c. 39, § 1, eff. Nov. 1, 2008; Laws 2016, c. 279, § 1, eff. Nov. 1,

2016; Laws 2017, c. 375, § 1, eff. Nov. 1, 2017; Laws 2019, c. 475,

§ 20, eff. Nov. 1, 2019; Laws 2025, c. 68, § 1, eff. Nov. 1, 2025.
Okla. Stat. tit. 22, § 22-1370.1 — OK Code / Title 22 / Section 22-1370.1
Forensic Testing Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Indigent Defense System, to be designated the

Oklahoma Statutes - Title 22. Criminal Procedure Page 528

"Forensic Testing Revolving Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations and shall consist of

all funds appropriated by the Legislature to the fund or monies

received from any political subdivision of the State of Oklahoma as

reimbursements or recovery for forensic testing. All monies

accruing to the credit of said fund are hereby appropriated and may

be budgeted and expended by the Oklahoma Indigent Defense System for

the purpose of providing forensic testing. Expenditures shall be

made upon warrants issued by the State Treasurer against claims

filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 22, § 22-693 — OK Code / Title 22 / Section 22-693
Peremptory challenges
Status: in_force

If all challenges on both sides are disallowed, either party,

first the state and then the defendant, may take a peremptory

challenge, unless the peremptory challenges are exhausted.
Okla. Stat. tit. 22, § 22-60.6 — OK Code / Title 22 / Section 22-60.6
See the following versions:
Status: in_force

OS 22-60.6v1 (HB 1413, Laws 2025, c. 145, § 2)

OS 22-60.6v2 (HB 2104, Laws 2025, c. 486, § 474)
Okla. Stat. tit. 22, § 22-514 — OK Code / Title 22 / Section 22-514
Pleas to be oral - Entry
Status: in_force

Every plea must be oral and must be entered upon the minutes of

the court.
Okla. Stat. tit. 22, § 22-274 — OK Code / Title 22 / Section 22-274
Subsequent security may be demanded - Arrest of witness
Status: in_force

When, however, any material witness on the part of the people

has been discharged on his undertaking, without surety, if

afterwards, on the sworn application of the district attorney or

other person on behalf of the state, made to the magistrate or to

any judge, it satisfactorily appears that the presence of such

witness or any other person on the part of the people is material or

necessary on the trial in court, such magistrate or judge may compel

such witness, or any other material witness on the part of the

Oklahoma Statutes - Title 22. Criminal Procedure Page 148

state, to give an undertaking with sureties, to appear on the said

trial and give his testimony therein; and, for that purpose, the

said magistrate or judge may issue a warrant against such person,

under his hand, with or without seal, directed to a sheriff, marshal

or other officer, to arrest such person and bring him before such

magistrate or judge.
Okla. Stat. tit. 22, § 22-1122 — OK Code / Title 22 / Section 22-1122
Reward for arrest and conviction of person committing
Status: in_force

felony.

The Governor is hereby authorized in his discretion to offer a

reward of not exceeding One Thousand Dollars ($1,000.00) for the

arrest and conviction of any person who commits or attempts to

commit any felony. Such reward may be paid to any officer, agency

or person who makes such arrest and conviction is secured. In case

any person shall forcibly resist arrest, and shall be killed in the

attempt to accomplish his arrest, the reward shall, in the

discretion of the Governor, be paid the same as in the case of

conviction.
Okla. Stat. tit. 22, § 22-40v1 — OK Code / Title 22 / Section 22-40v1
Definitions
Status: in_force

As used in Sections 40 through 40.3 of this title:

1. "Assault and battery with a deadly weapon" means assault and

battery with a deadly weapon or other means likely to produce death

or great bodily harm as provided in Section 652 of Title 21 of the

Oklahoma Statutes;

2. "Forcible sodomy" means the act of forcing another person to

engage in the detestable and abominable crime against nature

pursuant to Sections 886 and 887 of Title 21 of the Oklahoma

Statutes that is punishable under Section 888 of Title 21 of the

Oklahoma Statutes;

Oklahoma Statutes - Title 22. Criminal Procedure Page 55

3. "Kidnapping" means kidnapping or kidnapping for purposes of

extortion as provided in Sections 741 and 745 of Title 21 of the

Oklahoma Statutes;

4. "Member of the immediate family" means the spouse, a child

by birth or adoption, a stepchild, a parent by birth or adoption, a

stepparent, a grandparent, a grandchild, a sibling or a stepsibling

of a victim of first-degree murder;

5. "Rape" means an act of sexual intercourse accomplished with

a person pursuant to Sections 1111, 1111.1 and 1114 of Title 21 of

the Oklahoma Statutes; and

6. "Sex offense" means the following crimes:

a. sexual assault as provided in Section 681 of Title 21

of the Oklahoma Statutes,

b. human trafficking for commercial sex as provided in

Section 748 of Title 21 of the Oklahoma Statutes,

c. sexual abuse or sexual exploitation by a caretaker as

provided in Section 843.1 of Title 21 of the Oklahoma

Statutes,

d. child sexual abuse or child sexual exploitation as

provided in Section 843.5 of Title 21 of the Oklahoma

Statutes,

e. permitting sexual abuse of a child as provided in

Section 852.1 of Title 21 of the Oklahoma Statutes,

f. incest as provided in Section 885 of Title 21 of the

Oklahoma Statutes,

g. forcible sodomy as provided in Section 888 of Title 21

of the Oklahoma Statutes,

h. child stealing for purposes of sexual abuse or sexual

exploitation as provided in Section 891 of Title 21 of

the Oklahoma Statutes,

i. indecent exposure or solicitation of minors as

provided in Section 1021 of Title 21 of the Oklahoma

Statutes,

j. procuring, producing, distributing or possessing child

sexual abuse material as provided in Sections 1021.2

and 1024.2 of Title 21 of the Oklahoma Statutes,

k. parental consent to child sexual abuse material as

provided in Section 1021.3 of Title 21 of the Oklahoma

Statutes,

l. aggravated possession of child sexual abuse material

as provided in Section 1040.12a of Title 21 of the

Oklahoma Statutes,

m. distributing obscene material or child sexual abuse

material as provided in Section 1040.13 of Title 21 of

the Oklahoma Statutes,

Oklahoma Statutes - Title 22. Criminal Procedure Page 56

n. offering or soliciting sexual conduct with a child as

provided in Section 1040.13a of Title 21 of the

Oklahoma Statutes,

o. procuring a child for prostitution or other lewd acts

as provided in Section 1087 of Title 21 of the

Oklahoma Statutes,

p. inducing a child to engage in prostitution as provided

in Section 1088 of Title 21 of the Oklahoma Statutes,

and

q. lewd or indecent proposals or acts to a child or

sexual battery as provided in Section 1123 of Title 21

of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-742 — OK Code / Title 22 / Section 22-742
Accomplice, testimony of
Status: in_force

A conviction cannot be had upon the testimony of an accomplice

unless he be corroborated by such other evidence as tends to connect

the defendant with the commission of the offense, and the

corroboration is not sufficient if it merely show the commission of

the offense or the circumstances thereof.
Okla. Stat. tit. 22, § 22-51 — OK Code / Title 22 / Section 22-51
Discharge when complainant fails to appear
Status: in_force

If the complainant do not appear, the person complained of may

be discharged, unless good cause to the contrary be shown.
Okla. Stat. tit. 22, § 22-262 — OK Code / Title 22 / Section 22-262
Discharge of defendant, when
Status: in_force

After hearing the proofs and the statement of the defendant, if

he have one, or his testimony if he testifies if it appear either

that a public offense has not been committed, or that a public

offense has been committed, but there is not sufficient cause to

believe the defendant guilty thereof, the magistrate must order the

defendant to be discharged, by an endorsement on the complaint over

his signature to the following effect:

There being no sufficient cause to believe the within named A.

B. guilty of the offense within mentioned, I order him to be

discharged.
Okla. Stat. tit. 22, § 22-1355.14 — OK Code / Title 22 / Section 22-1355.14
Payment of costs of representation - Fee schedule
Status: in_force

A. At the time of pronouncing the judgment and sentence or

other final order, the court shall order any person represented by

an attorney employed by the Oklahoma Indigent Defense System or a

defense attorney who contracts or volunteers to represent indigents

pursuant to the provisions of the Indigent Defense Act to pay the

costs for representation in total or in installments and, in the

Oklahoma Statutes - Title 22. Criminal Procedure Page 521

case of installment payments, set the amount and due date of each

installment.

B. Costs assessed pursuant to this section shall be collected

by the court clerk and when collected paid monthly to the Oklahoma

Indigent Defense System for deposit to the Indigent Defense System

Revolving Fund.

C. Costs of representation shall be a debt against the person

represented until paid and shall be subject to any method provided

by law for the collection of debts.

D. Any order directing the defendant to pay costs of

representation shall be a lien against all real and personal

property of the defendant and may be filed against such property and

foreclosed as provided by law for civil liens.

E. The court shall assess the following fees as the cost of

representation:

1. For any misdemeanor case in which a plea

of guilty or stipulation to revocation or

2. For any felony case in which a plea of

guilty or stipulation to revocation or

5. For any merit hearing on an application

to revoke a suspended sentence or

accelerate a deferred sentence in a

6. For any merit hearing on an application

to revoke a suspended sentence or

accelerate a deferred sentence in a

The fees shall be assessed unless ordered waived upon good cause

shown by the indigent person, or unless another amount is

specifically requested by counsel for the indigent person and is

approved by the court. In cases or proceedings other than those set

forth in paragraphs 1 through 6 of this subsection, the court shall

assess the cost of representation not to exceed Two Hundred Fifty

Dollars ($250.00), except upon a showing by counsel of the actual

costs or representation in excess of said amount.
Okla. Stat. tit. 22, § 22-1094 — OK Code / Title 22 / Section 22-1094
Oklahoma State Council for Interstate Adult Offender
Status: in_force

Supervision.

A. There is hereby created the Oklahoma State Council for

Interstate Adult Offender Supervision in accordance with Article IV

of the Interstate Compact for Adult Offender Supervision. The State

Council shall consist of the compact administrator who shall be a

nonvoting member, the Executive Coordinator or designee of the

District Attorneys Council, the Executive Director or designee of

the Oklahoma Indigent Defense System and the Administrative Director

of the Courts or designee, and five appointed members who, except

for the initial appointments, shall be appointed for three-year

terms. The members appointed to initial terms shall serve staggered

terms as prescribed in this section. Terms of office shall expire

on June 30. Members may be reappointed as deemed appropriate by the

appointing authority. Members may be removed by the appointing

authority for incompetence, willful neglect of duty, corruption in

office, or malfeasance in office. Vacancies shall be filled in the

same manner as the original appointment. The members of the Council

shall not be subject to the dual office holding prohibitions set

forth in Section 6 of Title 51 of the Oklahoma Statutes. The

members shall be appointed as follows:

1. One member of the Senate, who shall serve an initial term of

three (3) years, who shall be appointed by the President Pro

Tempore;

2. One member of the House of Representatives, who shall serve

an initial term of three (3) years, who shall be appointed by the

Speaker of the House of Representatives;

3. One member of the judiciary who shall be a district judge

with experience in criminal proceedings, who shall serve an initial

term of two (2) years, to be appointed by the Presiding Judge of the

Court of Criminal Appeals;

4. One member of the Pardon and Parole Board, who shall serve

an initial term of two (2) years, who shall be appointed by the

Governor with the advice and consent of the Senate; and

5. One member who represents a crime victims advocacy group,

who shall serve an initial term of one (1) year, to be appointed by

the Governor.

B. The members of the State Council shall elect from their

membership a chair and vice chair to serve for one (1) year terms.

A majority of the members shall constitute a quorum for the purpose

of conducting the business of the Council. The Council shall meet

at least annually and at the call of the chair.

Oklahoma Statutes - Title 22. Criminal Procedure Page 402

C. The Council shall comply with the Oklahoma Open Meeting Act,

the Oklahoma Open Records Act, and the Administrative Procedures

Act.

D. Members of the Council, except the compact administrator,

shall serve without compensation but shall be reimbursed by their

appointing authorities for expenses incurred in the performance of

their duties as provided in the State Travel Reimbursement Act until

the Council is funded.

E. The Council shall oversee and administer this state’s

participation in the Compact. The Council may promulgate rules to

implement operations and procedures necessary for administration of

the compact.

F. Until the Compact becomes effective upon its adoption by

thirty-five states, the Council may select a person who is employed

by a state agency, subject to the assent of the administrative head

of the agency, to serve as the compact administrator. The agency

that employs the compact administrator shall pay the salary of the

compact administrator and any expenses the compact administrator

incurs in fulfilling duties related to the Compact. The Council and

the administrative head of the agency shall determine what portion

of the employee’s time shall be devoted to Compact activities. The

compact administrator shall serve as this state’s commissioner on

the Interstate Commission for Adult Offender Supervision. In the

event the compact administrator cannot attend a meeting of the

Interstate Commission, the Council shall appoint a Council member to

represent this state at the meeting.
Okla. Stat. tit. 22, § 22-621 — OK Code / Title 22 / Section 22-621
Challenges classed
Status: in_force

A challenge is an objection made to the trial jurors, and is of

two kinds:

1. To the panel.

2. To an individual juror.
Okla. Stat. tit. 22, § 22-152v2 — OK Code / Title 22 / Section 22-152v2
Statute of limitations
Status: in_force

A. Prosecutions for the crimes of bribery, embezzlement of

public money, bonds, securities, assets or property of the state or

any county, school district, municipality or other subdivision

thereof, or of any misappropriation of public money, bonds,

securities, assets or property of the state or any county, school

district, municipality or other subdivision thereof, falsification

of public records of the state or any county, school district,

municipality or other subdivision thereof, and conspiracy to defraud

the State of Oklahoma or any county, school district, municipality

or other subdivision thereof in any manner or for any purpose shall

be commenced within seven (7) years after the discovery of the

crime; provided, however, prosecutions for the crimes of

embezzlement or misappropriation of public money, bonds, securities,

assets or property of any school district, including those relating

to student activity funds, or the crime of falsification of public

records of any independent school district, the crime of criminal

Oklahoma Statutes - Title 22. Criminal Procedure Page 125

conspiracy, the crime of embezzlement pursuant to Sections 1451

through 1461 of Title 21 of the Oklahoma Statutes, the crime of

False Personation or Identity Theft pursuant to Sections 1531

through 1533.3 of Title 21 of the Oklahoma Statutes, the financial

exploitation of a vulnerable adult pursuant to Sections 843.1, 843.3

and 843.4 of Title 21 of the Oklahoma Statutes, or Medicaid fraud

pursuant to Section 1005 of Title 56 of the Oklahoma Statutes, shall

be commenced within five (5) years after the discovery of the crime.

B. Prosecutions for criminal violations of any state income tax

laws shall be commenced within five (5) years after the commission

of such violation.

C. 1. Prosecutions for sexual crimes against children,

specifically rape or forcible sodomy, sodomy, lewd or indecent

proposals or acts against children, involving minors in pornography

pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2,

1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, any

offense prohibited by Section 843.5 of Title 21 of the Oklahoma

Statutes, sexual abuse of a vulnerable adult pursuant to Section

843.1 of Title 21 of the Oklahoma Statutes, child trafficking

pursuant to Section 866 of Title 21 of the Oklahoma Statutes,

nonconsensual dissemination of private sexual images pursuant to

Section 1040.13b of Title 21, and failure to report abuse or neglect

pursuant to Section 1-2-101 of Title 10A of the Oklahoma Statutes

shall be commenced by the forty-fifth birthday of the alleged

victim. Prosecutions for such crimes committed against victims

eighteen (18) years of age or older shall be commenced within twenty

(20) years after the discovery of the crime. As used in this

paragraph, "discovery" means the date that a physical or sexually

related crime involving a victim eighteen (18) years of age or older

is reported to a law enforcement agency. Any offense for which the

prosecution is not time-barred upon the effective date of this act

shall be retroactively subject to the provisions of this subsection.

2. However, prosecutions for the crimes listed in paragraph 1

of this subsection may be commenced at any time after the commission

of the offense if:

a. physical evidence is collected and preserved that is

capable of being tested to obtain a profile from

deoxyribonucleic acid (DNA), and

b. probable cause as to the identity of the offender is

subsequently established through the use of a DNA

profile using evidence listed in subparagraph a of

this paragraph, or

c. the accused person has provided a confession or

admission related to the crime.

3. No prosecution under this subsection shall be based upon the

memory of the victim that has been recovered through psychotherapy

unless there is some evidence independent of such repressed memory.

Oklahoma Statutes - Title 22. Criminal Procedure Page 126

4. Any person who knowingly and willfully makes a false claim

pursuant to this subsection or a claim that the person knows lacks

factual foundation may be reported to local law enforcement for

criminal investigation and, upon conviction, shall be guilty of a

felony.

D. Prosecutions for criminal violations of any provision of the

Oklahoma Wildlife Conservation Code shall be commenced within three

(3) years after the commission of such offense.

E. Prosecutions for the crime of criminal fraud or workers'

compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663

of Title 21 of the Oklahoma Statutes shall commence within three (3)

years after the discovery of the crime, but in no event greater than

seven (7) years after the commission of the crime.

F. Prosecution for the crime of false or bogus check pursuant

to Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the

Oklahoma Statutes shall be commenced within five (5) years after the

commission of such offense.

G. Prosecution for the crime of solicitation for murder in the

first degree pursuant to Section 701.16 of Title 21 of the Oklahoma

Statutes shall be commenced within seven (7) years after the

discovery of the crime. For purposes of this subsection,

"discovery" means the date upon which the crime is made known to

anyone other than a person involved in the solicitation.

H. In all other cases a prosecution for a public offense must

be commenced within three (3) years after its commission.

I. Prosecution for the crime of accessory after the fact must

be commenced within the same statute of limitations as that of the

felony for which the person acted as an accessory.

J. Prosecution for the crime of arson pursuant to Section 1401,

1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall

be commenced within seven (7) years after the commission of the

crime.

K. Prosecutions for criminal violations in which a deadly

weapon is used to commit a felony or prosecutions for criminal

violations in which a deadly weapon is used in an attempt to commit

a felony shall be commenced within seven (7) years after the

commission of the crime.

L. Prosecutions for the crime of human trafficking pursuant to

Section 748 of Title 21 of the Oklahoma Statutes shall be commenced

within three (3) years after discovery of the crime. For purposes

of this subsection, "discovery" means the date upon which the crime

is reported to a law enforcement agency.

R.L. 1910, § 5625. Amended by Laws 1943, p. 84, § 2, emerg. eff.

April 12, 1943; Laws 1945, p. 97, § 1, emerg. eff. Feb. 1, 1945;
Okla. Stat. tit. 22, § 22-505 — OK Code / Title 22 / Section 22-505
Demurrer to indictment or information, requisites of
Status: in_force

The demurrer must be in writing, signed either by the defendant

or his counsel, and filed. It must distinctly specify the grounds

of the objection to the indictment or information, or it must be

disregarded.
Okla. Stat. tit. 22, § 22-152 — OK Code / Title 22 / Section 22-152
See the following versions:
Status: in_force

OS 22-152v1 (HB 3668, Laws 2024, c. 310, § 1)

OS 22-152v2 (HB 1935, Laws 2025, c. 115, § 1)
Okla. Stat. tit. 22, § 22-39 — OK Code / Title 22 / Section 22-39
Benefits for citizens who aid
Status: in_force

Any citizen who shall be aiding in the maintaining of law and

order shall likewise be entitled to the benefits of this act.
Okla. Stat. tit. 22, § 22-723 — OK Code / Title 22 / Section 22-723
Witness from another state summoned to testify in this
Status: in_force

state.

A. If a person in any state, which by its laws has made

provision for commanding persons within its borders to attend and

testify in criminal prosecutions, or grand jury investigations

commenced or about to commence, in this state, is a material witness

in a prosecution pending in a court of record in this state, or in a

grand jury investigation which has commenced or is about to

commence, a judge of such court may issue a certificate under the

seal of the court stating these facts and specifying the number of

days the witness will be required. Said certificate may include a

recommendation that the witness be taken into immediate custody and

delivered to an officer of this state to assure his attendance in

this state. This certificate shall be presented to a judge of a

court of record in the county in which the witness is found.

Oklahoma Statutes - Title 22. Criminal Procedure Page 226

B. A witness who has appeared in accordance with the provisions

of the summons shall not be required to remain within this state a

longer period of time than the period mentioned in the certificate,

unless otherwise ordered by the court. If such witness, after coming

into this state, fails without good cause to attend and testify as

directed in the summons, he shall be punished in the manner provided

for the punishment of any witness who disobeys a summons issued from

a court of record in this state.

C. If the witness is summoned to attend and testify in this

state he shall be tendered, at the time he is ordered to appear,

travel and expenses pursuant to Section 718 of this title for each

day he is required to travel and attend as a witness. A judge of a

court of record in this state may approve travel and expenses

pursuant to Section 718 of this title for witnesses who voluntarily

appear and testify in a criminal prosecution or grand jury

investigation upon proper affidavit and showing.
Okla. Stat. tit. 22, § 22-562 — OK Code / Title 22 / Section 22-562
Change of venue - Proceedings - Costs and expenses
Status: in_force

A. The order of removal from the county must be entered upon

the minutes and the court clerk must thereupon make out, and within

ten (10) days transmit to the county to which the action is removed,

a certified copy of the order of removal and the record, and shall

transmit the pleadings including the undertaking for the appearance

of the defendant, and of the witnesses, and the cause must be

docketed and stand for trial within six (6) months from the date the

cause was ordered removed.

B. If an order of removal is entered, all expenses incurred as

a result of the action prior to the date of the order of removal

shall be taxed as costs and shall remain payable to the court fund

of the county from which the action was removed.

C. Except as otherwise provided by this section, the court fund

of the county from which the action is removed shall be liable for

the expense and charge of removing, delivering and keeping the

prisoner, and the fees of jurors and witnesses in attendance during

the trial, court reporter's fees, all fees and mileage of the

sheriff, and the per diem of bailiffs during the time said cause is

Oklahoma Statutes - Title 22. Criminal Procedure Page 208

on trial, and such other expenses as may be lawfully incurred

incident to the trial, which costs and expenses shall be approved by

the Court Administrator of the Supreme Court of the State of

Oklahoma and certified by the clerk of the court to which the action

was transferred to the court clerk of the county from which the

cause was removed and shall show the name of each person and the

amount due to him.

D. On receipt of such certificate, the clerk of the court from

which the action was transferred shall draw his warrants on the

court fund for the total amount of costs allowed by the transferee

court, payable to the order of the court fund of the transferee

court subject to the order of the person entitled thereto, and

forward the same to the clerk of the court where the cause was

tried, who shall deposit it in the court fund.

E. If the court fund of the county from which the action was

removed does not contain sufficient revenue to make payment to the

transferee court, the court clerk of the payor county shall notify

the Administrative Director of the courts who shall make payment of

any deficiency in the amount due and owing to the transferee court

from the Supreme Court Revolving Fund.

F. All fees not claimed two (2) years after having been

received by the clerk of the transferee court, shall by him be

returned to the clerk of the transferor court to be held in the

court fund for the benefit of the owner for a period of one (1)

year, and, if not claimed within that time, such fees shall become

the property of the court fund of the county.

R.L. 1910, § 5817. Amended by Laws 1971, c. 155, § 1, emerg. eff.

May 22, 1971; Laws 1994, c. 225, § 13, eff. July 1, 1994.
Okla. Stat. tit. 22, § 22-184 — OK Code / Title 22 / Section 22-184
Offense triable in another county - Taking defendant
Status: in_force

before magistrate.

The officer who executes the warrant must take the defendant

before the nearest or most accessible magistrate of the county in

which the offense is triable with his return endorsed thereon, and

the magistrate must then proceed in the same manner as upon a

warrant issued by himself.
Okla. Stat. tit. 22, § 22-1141.10 — OK Code / Title 22 / Section 22-1141.10
Notice of demand to allege fugitive - Counsel - Habeas
Status: in_force

corpus.

Any person who is arrested within this state, by virtue of a

warrant issued by the Governor of this state, upon a requisition of

the Governor of any other state or territory, as a fugitive from

justice under the laws of the United States, shall not be delivered

to the agent of such state or territory until notified of the demand

made for his surrender, and given twenty-four (24) hours to make

demand for counsel; and should such demand be made for the purpose

of suing out a writ of habeas corpus, the prisoner shall be

forthwith taken to the nearest judge of the district court, and

ample time given to sue out such writ, such time to be determined by

the said judge of the district court.
Okla. Stat. tit. 22, § 22-1065 — OK Code / Title 22 / Section 22-1065
Defendants may appeal jointly or severally
Status: in_force

When several defendants are tried jointly, any one or more of

them may take an appeal, but those who do not join in the appeal

shall not be affected thereby.
Okla. Stat. tit. 22, § 22-405 — OK Code / Title 22 / Section 22-405
Allegation of time
Status: in_force

The precise time at which the offense was committed need not be

stated in the indictment or information; but it may be alleged to

have been committed at any time before the finding thereof, except

where the time is a material ingredient in the offense.
Okla. Stat. tit. 22, § 22-433 — OK Code / Title 22 / Section 22-433
Accessory tried independently of principal
Status: in_force

An accessory to the commission of a felony may be prosecuted,

tried and punished, though the principal felon be neither prosecuted

nor tried, and though the principal may have been acquitted.
Okla. Stat. tit. 22, § 22-983v3 — OK Code / Title 22 / Section 22-983v3
Ability of defendant to pay court financial obligations
Status: in_force

— Factors — Hardship waiver — Cost hearings — Delinquency — Warrants

— Court cost compliance program.

A. As used in this section, unless the context otherwise

requires:

1. "Cost arrest warrant" means a warrant authorizing arrest

that is issued by a court under the following circumstances:

Oklahoma Statutes - Title 22. Criminal Procedure Page 282

a. failure to comply with the terms of a court financial

obligations payment plan,

b. failure to appear at a cost hearing or willfulness

hearing, or

c. failure to appear at the office of the court clerk of

the county in which the court financial obligation is

owed within ten (10) days of being cited by a law

enforcement officer to appear;

2. "Cost cite and release warrant" means a warrant issued by a

court authorizing citation and release under the following

circumstances:

a. failure to comply with terms of a court financial

obligations payment plan, or

b. failure to appear at a cost hearing or willfulness

hearing;

3. "Cost hearing" means a hearing in which the court determines

the ability of a defendant to pay court financial obligations. Once

a cost hearing date has been set, all court financial obligations

shall be suspended until the cost hearing has been held;

4. "Court financial obligation" means all financial obligations

including fines, costs, fees, and assessments, imposed by the court

or required by law to be paid, excluding restitution or payments to

be made other than to the court clerk;

5. "Payment-in-full" means a court financial payment term that

requires the defendant to pay the full amount of court financial

obligations owed within ninety (90) days of a plea or sentence in

the district court or within thirty (30) days of a plea or sentence

in the municipal court;

6. "Payment-in-installments" means payment terms for court

financial obligations that require the defendant to make monthly

payments in any amount until the amount owed is fully paid; and

7. "Willfulness hearing" means a hearing in which the court

determines whether a defendant who has previously been found to have

the ability to pay court financial obligations has willfully failed

to pay the debt.

B. 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 court financial obligations upon a defendant, the

court at the time of sentencing may immediately, or at any point

thereafter until the debt is either paid or waived, determine the

ability of a defendant to pay the court financial obligations. The

court may make such determinations at a cost hearing or upon written

motion or affidavit by the defendant. The ability of a defendant to

pay court financial obligations may not impact the sentence imposed.

2. Defendants with court financial obligations who are found by

the court to be unable to pay, in whole or in part, shall be

Oklahoma Statutes - Title 22. Criminal Procedure Page 283

relieved of the debt by the court through a hardship waiver of the

court financial obligations, either in whole or in part.

3. In determining the ability of a defendant to pay, the court

shall consider the following factors:

a. individual and household income,

b. household living expenses,

c. number of dependents,

d. assets,

e. child support obligations,

f. physical or mental health conditions that diminish the

ability to generate income or manage resources,

g. additional case-related expenses to be paid by the

defendant, and

h. any other factors relevant to the ability of the

defendant to pay.

4. In determining the ability of a defendant to pay, the

following shall not be considered as income or assets:

a. child support income,

b. any monies received from a federal, state, or tribal

government need-based or disability assistance

program, or

c. assets exempt from bankruptcy.

5. Defendants in the following circumstances are presumedOklahoma Statutes - Title 22. Criminal Procedure Page 13

Oklahoma Statutes - Title 22. Criminal Procedure Page 14elevant to the ability of the

defendant to pay.

4. In determining the ability of a defendant to pay, the

following shall not be considered as income or assets:

a. child support income,

b. any monies received from a federal, state, or tribal

government need-based or disability assistance

program, or

c. assets exempt from bankruptcy.

5. Defendants in the following circumstances are presumed

unable to pay and eligible for relief under paragraph 2 of this

subsection:

a. designated as totally disabled by any federal, state,

or tribal disability services program including but

not limited to military disability, Social Security

Disability Insurance, Supplemental Security Income, or

tribal disability benefits,

b. receives support from the Temporary Assistance for

Needy Families program, Supplemental Nutrition

Assistance Program, the Special Supplemental Nutrition

Program for Women, Infants, and Children nutrition

education and supplemental food program, or any other

federal need-based financial support,

c. receives subsidized housing support through the

Housing Choice Voucher program, the United States

Department of Housing and Urban Development, or other

state, local, or federal government housing subsidy

program, or

d. total income is below one hundred fifty percent (150%)

of the federal poverty level.

C. 1. At the time of a plea or sentencing, the court shall

inform the defendant of the total court financial obligations owed,

the consequences of failing to pay the court financial obligations,

and that the defendant may request a cost hearing if at any time he

Oklahoma Statutes - Title 22. Criminal Procedure Page 284

or she is unable to pay the court financial obligations, at which

point the court may waive all or part of the debt owed. If the

total amount of court financial obligations owed is not available at

the time of the plea or sentencing, the court shall inform the

defendant that court financial obligations have been incurred and

the time and location where the defendant may learn of the total

amount owed.

2. The court shall order the defendant to appear immediately

after sentencing at the office of the court clerk to provide current

contact information and to either select payment terms or request a

cost hearing. Failure to immediately report to the court clerk

shall result in the full amount of court financial obligations to be

due thirty (30) days from the date of the plea or sentencing in

district courts or thirty (30) days from the date of the plea or

sentencing in municipal courts.

3. Payment of court financial obligations may be made under the

following terms:

a. payment in full, or

b. payment in installments.

Upon any change in circumstances affecting the ability of a

defendant to pay, a defendant may request a cost hearing before the

court by contacting the court clerk.

4. The district court for each county and all municipal courts

shall provide a cost hearing for any defendant upon request, either

by establishing a dedicated docket or on an as-requested basis. A

defendant who requests a cost hearing will receive a summons by

personal service or by United States mail to appear in court as

required by subsection G of this section. If a defendant fails to

appear for a requested cost hearing, the court may issue either a

cost cite and release warrant or a cost arrest warrant. No fees

shall be assessed or collected from the defendant as a consequence

of either requesting a cost hearing or the issuing of a cost cite

and release warrant.

D. In determining the ability of the defendant to pay court

financial obligations, the court may rely on testimony, relevant

documents, and any information provided by the defendant using a

cost hearing affidavit promulgated by the Court of Criminal Appeals.

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.

E. 1. If at the initial cost hearing or any subsequent cost

hearing, the court determines that the defendant is able to pay some

or all of the court financial obligations, the court may order any

of the following conditions for payment:

a. payment in full,

b. payment in installments,

Oklahoma Statutes - Title 22. Criminal Procedure Page 285

c. financial incentive under a set of conditions

determined by the court, or

d. community service in lieu of payment; provided, 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. Any defendant who fails to comply with the terms of the

payment plan ordered by the court shall be considered delinquent and

the court may issue either a cost cite and release warrant or a cost

arrest warrant.

F. If the court determines that a waiver of any of the court

financial obligations is warranted, the court shall apply the same

percentage reduction equally to all fines, costs, fees, and

assessments, excluding restitution.

G. 1. A defendant is considered delinquent in the payment of

court financial obligations under the following circumstances:

a. when the total amount due has not been paid by the due

date, or

b. when no installment payments have been received in the

most recent ninety-day period.

2. The court clerk shall periodically review cases for

delinquency at least once every six (6) months and, upon identifying

a delinquent defendant, 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 cost hearing shall be set

within forty-five (45) days of the issuance of the summons. The

hearing shall be set on a date that shall allow the court clerk to

issue a summons fourteen (14) days prior to the cost hearing.

Defendants shall incur no additional fees associated with the

issuance of the summons.

3. At least 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 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 amount due or request in writing or in

person prior to the court date, that the hearing be rescheduled for

no later than thirty (30) days after the scheduled time.

THIS IS NOT AN ARREST WARRANT. However, if you fail to appear

for the cost hearing or pay the amount due, the court may issue a

Oklahoma Statutes - Title 22. Criminal Procedure Page 286

WARRANT and may refer the case to a court cost compliance liaison

which will cause an additional administrative fee of up to thirty-

five percent (35%) to be added to the amount owed and may include

additional costs imposed by the court.

4. Referrals to the court cost compliance program as provided

in subsection L of this section shall be made as follows:

a. courts shall refer a case to the court cost compliance

program upon the issuance of a cost arrest warrant,

b. courts may refer a case to the court cost compliance

program upon the issuance of a cost cite and release

warrant, or

c. courts may refer a case to the court cost compliance

program without the issuance of a warrant; provided,

the defendant is delinquent and has had sufficient

notice and opportunity to have a cost hearing.

5. A municipal court, in lieu of mailing the summons provided

for in this subsection, may give the summons to the defendant in

person at the time of sentencing or subsequent appearance of a

specific date, time, and place, not fewer than thirty (30) days nor

more than one hundred twenty (120) days from the date of sentencing

to appear for a cost hearing if the court financial obligations

remain unpaid.

H. 1. If a defendant is found by a law enforcement officer to

have an outstanding cost cite and release warrant, the law

enforcement officer shall issue a Warning/Notice to appear within

ten (10) days of release from detention on the warrant to the court

clerk of the court in which the court financial obligations are

owed. If the officer has the necessary equipment, the officer shall

immediately transmit the Warning/Notice electronically to the court

clerk of the court in which the court financial obligations are

owed. The law enforcement officer shall not take the defendant into

custody on the cite and release warrant. If the law enforcement

officer is unable to transmit the Warning/Notice electronically to

the court clerk, the officer shall inform the appropriate department

staff member within the agency of the law enforcement officer of the

Warning/Notice within five (5) days. The department staff member

shall then promptly notify the law enforcement agency in the

jurisdiction that issued the warrant electronically who shall

promptly notify the court clerk. The electronic communication shall

be treated as a duplicate original for all purposes in any

subsequent hearings before the appropriate court.

2. If the defendant reports to the office of the court clerk

within the ten (10) days, the court clerk shall:

a. inform the court of the Warning/Notice to the

defendant and contact,

b. schedule a cost hearing pursuant to applicable local

court rule, and

Oklahoma Statutes - Title 22. Criminal Procedure Page 287

c. submit the warrant to the court for recall pending the

cost hearing.

3. If the defendant fails to report to the office of the court

clerk within the ten (10) days, the court may issue a cost arrest

warrant for the arrest of the defendant.

4. Following an arrest on a cost arrest warrant, the defendant

must be released after seventy-two (72) hours in custody. The

defendant may be released prior to seventy-two (72) hours if:

a. the custodian is presented with proof of payment in

the amount of One Hundred Dollars ($100.00) to each

jurisdiction where the court financial obligations are

owed and the new cost hearing date is provided,

b. the court releases the defendant on the defendant's

own recognizance and a new cost hearing date is

provided, or

c. the court conducts a cost or willfulness hearing, as

appropriate, pursuant to the provisions of this

section and determines the defendant should be

released.

5. The provisions for issuing a separate summons described in

subsection G of this section shall not apply to a municipal court if

the municipal court has previously provided actual personal notice

to the defendant of an opportunity for a cost hearing. If such

notice was given and the defendant fails to appear, the municipal

court may issue either a cost cite and release warrant or a cost

arrest warrant.

6. All warrants for failure to appear at a cost hearing or for

failure to pay court financial obligations which have been issued

prior to the effective date of this act and which remain unserved,

shall be treated as cost cite and release warrants. All warrant

fees assessed for warrants for failure to appear at a cost hearing

or for failure to pay court financial obligations issued prior to

the effective date of this act shall remain in effect unless waived

by the court.

I. Supporting documents in a motion or affidavit for relief

from court financial obligation debt or any documents taken into

evidence during a cost hearing or willfulness hearing shall not be

viewable by the public on a court-controlled website.

J. 1. After a cost hearing where a defendant is found able to

pay a court financial obligation, either in whole or in part, and

then becomes delinquent in that payment, a court may conduct a

willfulness hearing at any time beginning immediately after a cost

hearing has been held and a decision rendered on the court financial

obligations. Findings of a defendant's prior ability to pay may be

considered as evidence of ability to pay or willfulness at the

hearing. The requirements of this paragraph shall not be construed

Oklahoma Statutes - Title 22. Criminal Procedure Page 288

to prohibit the court from holding subsequent cost hearings on the

same court financial obligations.

2. At a willfulness hearing, the court shall evaluate the

following:

a. whether a cost hearing has been held previously where

evidence relating to ability to pay was presented and

the court found the defendant was able to pay the

court financial obligations, either in whole or in

part,

b. whether there is any new evidence of ability to pay

not previously considered or a change in circumstances

since the cost hearing,

c. whether the defendant was afforded sufficient time and

opportunity to fulfill the obligation to pay the court

financial obligations,

d. whether the defendant made any efforts to satisfy the

court financial obligations, and

e. whether there are any other relevant facts or

circumstances.

3. After a finding of willful failure to pay court financial

obligations, the court may impose a jail sentence pursuant to

Section 101 of Title 28 of the Oklahoma Statutes. A jail sentence

may be imposed only under the following circumstances:

a. the hearing is conducted on the record pursuant to the

rules promulgated by the Court of Criminal Appeals,

and

b. the defendant is represented by counsel or expressly

waives his or her right to counsel.

4. If a jail sentence is imposed, the court may grant credit

for any time already served. At any time after incarceration, the

jail sentence may be satisfied upon payment in full of the

outstanding balance with credit for any time already served.

K. The district court or municipal court, within one hundred

twenty (120) days from the date upon which the person fails to

comply with the financial obligation as ordered by the court or

fails to appear for the offered cost or willfulness hearing, may, if

the defendant has previously been notified of the possibility of a

suspension, send notice of nonpayment of any court-ordered financial

obligation 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 court financial obligation has been

paid or waived by the court. Upon receipt of payment of the total

amount of the court financial obligations 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.

Oklahoma Statutes - Title 22. Criminal Procedure Page 289

L. Every county and district court of this state shall fully

utilize and participate in the court cost compliance program. Cases

shall be referred to the court cost compliance program no more than

sixty (60) days after the court has ordered the referral pursuant to

paragraph 4 of subsection G of this section, unless the defendant

pays the amount owed on the court financial obligation or an

installment due. When the court refers a case, the updated contact

information on file shall be forwarded to a court cost compliance

liaison for collection purposes.

M. The Court of Criminal Appeals shall implement procedures and

rules for implementation of the requirements of this section. Such

procedures, rules, and any supplemental forms may be made available

by the Administrative Office of the Courts.
Okla. Stat. tit. 22, § 22-929 — OK Code / Title 22 / Section 22-929
Remand for vacation of sentence - New sentencing
Status: in_force

proceeding - Construction of section.

A. Upon any appeal of a conviction by the defendant in a

noncapital criminal case, the appellate court, if it finds

prejudicial error in the sentencing proceeding only, may set aside

the sentence rendered and remand the case to the trial court in the

jurisdiction in which the defendant was originally sentenced for

resentencing. No error in the sentencing proceeding shall result in

the reversal of the conviction in a criminal case unless the error

directly affected the determination of guilt.

B. When a criminal case is remanded for vacation of a sentence,

the court shall:

1. Set the case for a nonjury sentencing proceeding; or

2. If the defendant was originally sentenced by a jury, impanel

a new sentencing jury unless jury resentencing is waived by the

defendant and the prosecutor.

C. The defendant may affirmatively waive resentencing before

the appropriate trial court within ninety (90) days of the appellate

court order remanding for resentencing; provided, however, the

defendant may not waive resentencing after the commencement of the

resentencing hearing or trial. The defendant may not waive

resentencing on an appeal or petition for a writ of extraordinary

relief sought by the prosecution or if the original sentence was

unlawful. If the defendant affirmatively waives resentencing

pursuant to this subsection, the original sentence shall be

reinstated by the trial court. A sentence reinstated pursuant to

this subsection shall not be appealable by the defendant.

D. All exhibits and a transcript of all testimony and other

evidence properly admitted in the prior trial and sentencing shall

be admissible in the new sentencing proceeding. The defendant may

testify at his or her resentencing proceeding in accordance with the

Oklahoma Statutes - Title 22. Criminal Procedure Page 259

requirements of the Oklahoma Evidence Code. Additional relevant

evidence may be admitted including testimony of witnesses who

testified at the previous trial.

E. This section shall not be construed to amend or be in

conflict with the provisions of Section 701.10 or 701.10a of Title

21 of the Oklahoma Statutes relating to sentencing and resentencing

in death penalty cases; Section 860.1 of this title relating to the

trial procedure for defendants prosecuted for second or subsequent

offense; or the provisions of Sections 926.1 and 927.1 of this title

relating to assessment of punishment in the original trial

proceedings.
Okla. Stat. tit. 22, § 22-991c — OK Code / Title 22 / Section 22-991c
Deferred sentence
Status: in_force

A. Upon a verdict or plea of guilty or upon a plea of nolo

contendere, but before a judgment of guilt, the court may, without

entering a judgment of guilt and with the consent of the defendant,

defer further proceedings upon the specific conditions prescribed by

the court not to exceed a seven-year period, except as authorized

under subsection B of this section. The court shall first consider

restitution among the various conditions it may prescribe. The

court may also consider ordering the defendant to:

1. Pay court costs;

2. Pay an assessment in lieu of any fine authorized by law for

the offense;

3. Pay any other assessment or cost authorized by law;

4. Engage in a term of community service without compensation,

according to a schedule consistent with the employment and family

responsibilities of the defendant;

5. County jail confinement for a period not to exceed ninety

(90) days or the maximum amount of jail time provided for the

offense, if it is less than ninety (90) days;

6. Pay an amount as reimbursement for reasonable attorney fees,

to be paid into the court fund, if a court-appointed attorney has

been provided to the defendant;

7. Be supervised in the community for a period not to exceed

eighteen (18) months, unless a petition alleging violation of any

condition of deferred judgment is filed during the period of

supervision. As a condition of any supervision, the defendant shall

be required to pay a supervision fee of Forty Dollars ($40.00) per

month. The supervision fee shall be waived in whole or part by the

Oklahoma Statutes - Title 22. Criminal Procedure Page 333

supervisory agency when the accused is indigent. Any fees collected

by the district attorney pursuant to this paragraph shall be

deposited in the General Revenue Fund of the State Treasury. No

person shall be denied supervision based solely on the inability of

the person to pay a fee;

8. Pay into the court fund a monthly amount not exceeding Forty

Dollars ($40.00) per month during any period during which the

proceedings are deferred when the defendant is not to be supervised

in the community. The total amount to be paid into the court fund

shall be established by the court and shall not exceed the amount of

the maximum fine authorized by law for the offense;

9. Make other reparations to the community or victim as

required and deemed appropriate by the court;

10. Order any conditions which can be imposed for a suspended

sentence pursuant to paragraph 1 of subsection A of Section 991a of

this title; or

11. Any combination of the provisions in paragraphs 1 through

10 of this subsection.

However, unless under the supervision of the district attorney,

the offender shall be required to pay Forty Dollars ($40.00) per

month to the district attorney during the first two (2) years of

probation to compensate the district attorney for the costs incurred

during the prosecution of the offender and for the additional work

of verifying the compliance of the offender with the rules and

conditions of his or her probation. The district attorney may waive

any part of this requirement in the best interests of justice. The

court may waive the costs of prosecution in the same manner as the

court waives financial obligations pursuant to Section 983 of this

title. Any unpaid costs of prosecution shall be waived if the

deferred sentence of an offender expires without being accelerated.

Any fees collected by the district attorney pursuant to this

paragraph shall be deposited in the General Revenue Fund of the

State Treasury.

B. When the court has ordered restitution as a condition of

supervision as provided for in subsection A of this section and that

condition has not been satisfied, the court may, at any time prior

to the termination or expiration of the supervision period, order an

extension of supervision for a period not to exceed three (3) years.

C. In addition to any conditions of supervision provided for in

subsection A of this section, the court shall, in the case of a

person before the court for the offense of operating or being in

control of a motor vehicle while the person was under the influence

of alcohol, other intoxicating substance, or a combination of

alcohol and another intoxicating substance, or who is before the

court for the offense of operating a motor vehicle while the ability

of the person to operate such vehicle was impaired due to the

consumption of alcohol, require the person to participate in an

Oklahoma Statutes - Title 22. Criminal Procedure Page 334

alcohol and drug substance abuse evaluation program offered by a

facility or qualified practitioner certified by the Department of

Mental Health and Substance Abuse Services for the purpose of

evaluating the receptivity to treatment and prognosis of the person.

The court shall order the person to reimburse the facility or

qualified practitioner for the evaluation. The Department of Mental

Health and Substance Abuse Services shall establish a fee schedule,

based upon the ability of a person to pay, provided the fee for an

evaluation shall not exceed Seventy-five Dollars ($75.00). The

evaluation shall be conducted at a certified facility, the office of

a qualified practitioner or at another location as ordered by the

court. The facility or qualified practitioner shall, within

seventy-two (72) hours from the time the person is assessed, submit

a written report to the court for the purpose of assisting the court

in its determination of conditions for deferred sentence. No

person, agency or facility operating an alcohol and drug substance

abuse evaluation program certified by the Department of Mental

Health and Substance Abuse Services shall solicit or refer any

person evaluated pursuant to this subsection for any treatment

program or alcohol and drug substance abuse service in which the

person, agency or facility has a vested interest; however, this

provision shall not be construed to prohibit the court from ordering

participation in or any person from voluntarily utilizing a

treatment program or alcohol and drug substance abuse service

offered by such person, agency or facility. Any evaluation report

submitted to the court pursuant to this subsection shall be handled

in a manner which will keep the report confidential from review by

the general public. Nothing contained in this subsection shall be

construed to prohibit the court from ordering judgment and sentence

in the event the defendant fails or refuses to comply with an order

of the court to obtain the evaluation required by this subsection.

As used in this subsection, “qualified practitioner” means a person

with at least a bachelor’s degree in substance abuse treatment,

mental health or a related health care field and at least two (2)

years of experience in providing alcohol abuse treatment, other drug

abuse treatment, or both alcohol and other drug abuse treatment who

is certified each year by the Department of Mental Health and

Substance Abuse Services to provide these assessments. However, any

person who does not meet the requirements for a qualified

practitioner as defined herein, but who has been previously

certified by the Department of Mental Health and Substance Abuse

Services to provide alcohol or drug treatment or assessments, shall

be considered a qualified practitioner provided all education,

experience and certification requirements stated herein are met by

September 1, 1995. The court may also require the person to

participate in one or both of the following:

Oklahoma Statutes - Title 22. Criminal Procedure Page 335

1. An alcohol and drug substance abuse course, pursuant to

Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and

2. A victims impact panel program, as defined in subsection H

of Section 991a of this title, if such a program is offered in the

county where the judgment is rendered. The defendant shall be

required to pay a fee of Seventy-five Dollars ($75.00) as set by the

governing authority of the program and approved by the court to the

victims impact panel program to offset the cost of participation by

the defendant, if in the opinion of the court the defendant has the

ability to pay such fee.

D. Upon completion of the conditions of the deferred judgment,

and upon a finding by the court that the conditions have been met

and all fines, fees, and monetary assessments have been paid as

ordered, the defendant shall be discharged without a court judgment

of guilt, and the court shall order the verdict or plea of guilty or

plea of nolo contendere to be expunged from the record and the

charge shall be dismissed with prejudice to any further action. The

procedure to expunge the record of the defendant shall be as

follows:

1. All references to the name of the defendant shall be deleted

from the docket sheet;

2. The public index of the filing of the charge shall be

expunged by deletion, mark-out or obliteration;

3. Upon expungement, the court clerk shall keep a separate

confidential index of case numbers and names of defendants which

have been obliterated pursuant to the provisions of this section;

4. No information concerning the confidential file shall be

revealed or released, except upon written order of a judge of the

district court or upon written request by the named defendant to the

court clerk for the purpose of updating the criminal history record

of the defendant with the Oklahoma State Bureau of Investigation;

and

5. Defendants qualifying under Section 18 of this title may

petition the court to have the filing of the indictment and the

dismissal expunged from the public index and docket sheet. This

section shall not be mutually exclusive of Section 18 of this title.

Records expunged pursuant to this subsection shall be sealed to

the public but not to law enforcement agencies for law enforcement

purposes. Records expunged pursuant to this subsection shall be

admissible in any subsequent criminal prosecution to prove the

existence of a prior conviction or prior deferred judgment without

the necessity of a court order requesting the unsealing of such

records.

E. The provisions of subsection D of this section shall be

retroactive.

F. Whenever a judgment has been deferred by the court according

to the provisions of this section, deferred judgment may not be

Oklahoma Statutes - Title 22. Criminal Procedure Page 336

accelerated for any technical violation unless a petition setting

forth the grounds for such acceleration is filed by the district

attorney with the clerk of the sentencing court and competent

evidence justifying the acceleration of the judgment is presented to

the court at a hearing to be held for that purpose. The hearing

shall be held not more than twenty (20) days after the entry of the

plea of not guilty to the petition, unless waived by both the state

and the defendant. Any acceleration of a deferred sentence based on

a technical violation shall not exceed ninety (90) days for a first

acceleration or five (5) years for a second or subsequent

acceleration.

G. Upon any violation of the deferred judgment, other than a

technical violation, the court may enter a judgment of guilt and

proceed as provided in Section 991a of this title or may modify any

condition imposed. Provided, however, if the deferred judgment is

for a felony offense, and the defendant commits another felony

offense, the defendant shall not be allowed bail pending appeal.

H. The deferred judgment procedure described in this section

shall apply only to defendants who have not been previously

convicted of a felony offense and have not received more than one

deferred judgment for a felony offense within the ten (10) years

previous to the commission of the pending offense.

Provided, the court may waive this prohibition upon written

application of the district attorney. Both the application and the

waiver shall be made a part of the record of the case.

I. The deferred judgment procedure described in this section

shall not apply to defendants found guilty or who plead guilty or

nolo contendere to a sex offense required by law to register

pursuant to the Sex Offenders Registration Act.

J. All defendants who are supervised pursuant to this section

shall be subject to the sanction process as established in

subsection D of Section 991b of this title.

K. Notwithstanding the provisions of subsections F and G of

this section, a person who is being considered for an acceleration

of a deferred judgment for an offense where the penalty has

subsequently been lowered to a misdemeanor shall only be subject to

a judgment and sentence that would have been applicable had he or

she committed the offense after July 1, 2017.
Okla. Stat. tit. 22, § 22-1238 — OK Code / Title 22 / Section 22-1238
Papers returned to district court
Status: in_force

The magistrate must annex together the depositions, the search

warrant and return, and the inventory, and then return them to the

next district court of the county having power to inquire into the

offense in respect to which the search warrant was issued by the

intervention of a grand jury at or before its opening on the first

day.
Okla. Stat. tit. 22, § 22-60.19 — OK Code / Title 22 / Section 22-60.19
Emergency protective order - Confidentiality
Status: in_force

In proceedings before the court pursuant to Title 10A of the

Oklahoma Statutes in which a child is alleged to be deprived, the

court, after consideration and to ensure the safety of any child

brought into state custody, may issue against the alleged

perpetrator of abuse an emergency protective order pursuant to the

Protection from Domestic Abuse Act at the emergency custody hearing

or after a petition has been filed alleging that a child has been

physically or sexually abused. The protective order shall remain in

effect until the case has been dismissed or until further order of

the court. All emergency protective orders issued by the court

pursuant to this section shall remain confidential and shall not be

open to the general public; provided, however, copies of the

emergency protective order shall be provided to any law enforcement

agency designated by the court to effect service upon the defendant.
Okla. Stat. tit. 22, § 22-513 — OK Code / Title 22 / Section 22-513
Pleas to indictment or information
Status: in_force

There are four kinds of pleas to an indictment or information. A

plea of:

First, Guilty.

Second, Not guilty.

Third, Nolo contendere, subject to the approval of the court.

The legal effect of such plea shall be the same as that of a plea of

guilty, but the plea may not be used against the defendant as an

admission in any civil suit based upon or growing out of the act

upon which the criminal prosecution is based.

Fourth, A former judgment of conviction or acquittal of the

offense charged, which must be specially pleaded, either with or

without the plea of not guilty.
Okla. Stat. tit. 22, § 22-182 — OK Code / Title 22 / Section 22-182
Complaint when defendant taken before magistrate other
Status: in_force

than one issuing warrant.

If the defendant be taken before a magistrate other than the one

who issued the warrant, the complaint on which the warrant was

granted must be sent to that magistrate, or if it cannot be

procured, a new complaint must be filed.
Okla. Stat. tit. 22, § 22-1277 — OK Code / Title 22 / Section 22-1277
Prosecutions of offenses committed by inmates of penal
Status: in_force

institutions - Habeas corpus - Costs, expenses, fees.

A. The Department of Corrections shall pay a fee as provided in

subsection D of this section for criminal prosecutions conducted in

any county where a penal institution or community correction center

is located in this state when the prosecution involves:

1. A violation of any criminal law committed by any prisoner

housed in any penal institution or community correction center of

this state; or

2. A crime committed in furtherance of an escape, flight or

concealment as a fugitive from any penal institution or community

correction center of this state.

B. The provisions of subsection A of this section shall apply

whether the prisoner is confined or permitted to be at large as a

trusty or otherwise. Provided, however, the provisions of

subsection A of this section shall not apply to inmates incarcerated

in any correctional facility which is not operated by or under

contract with the Oklahoma Department of Corrections.

C. The cost of any habeas corpus proceedings instituted by any

prisoner of any penal institution or community correction center

which is operated by or under contract with this state shall be paid

by the Department of Corrections out of any funds provided for the

support and maintenance of the institution of which the person

committing such crime, or instituting such habeas corpus

proceedings, is a prisoner, upon the filing of a verified and

itemized claim from the court clerk of the county where the

proceedings were held.

D. The Department of Corrections shall pay a fee of Two Hundred

Dollars ($200.00) upon the filing of a criminal action pursuant to

the provisions of paragraph 1 or 2 of subsection A of this section,

and an additional fee of Three Hundred Dollars ($300.00) upon

acquittal or conviction of each such prisoner prosecuted, regardless

of the number of charges or counts which arise out of the same

incident. The fee shall be paid to the district court fund of the

county where the action arose. The fee shall be in lieu of any

expenses authorized by law for a criminal prosecution and chargeable

against the Department of Corrections. The fee shall be paid at the

conclusion of the prosecution and upon a proper invoice by the court

Oklahoma Statutes - Title 22. Criminal Procedure Page 486

clerk to the Department. Failure to pay the cost shall not

constitute grounds for dismissal of the criminal action.

E. Nothing in this section shall prohibit the court from

ordering the costs and expenses of a criminal prosecution to be paid

by the inmate or restrict the court clerk from collecting such costs

and expenses from the inmate.
Okla. Stat. tit. 22, § 22-1355.2 — OK Code / Title 22 / Section 22-1355.2
Definitions
Status: in_force

A. As used in the Indigent Defense Act:

1. "Board" means the Oklahoma Indigent Defense System Board;

2. "Executive Director" means the chief executive officer of

the Oklahoma Indigent Defense System; and

3. "System" means the Oklahoma Indigent Defense System.

B. As used in the Oklahoma Statutes, references to "public

defender" shall mean a county indigent defender for a county subject

to the provisions of Section 138.1a of Title 19 of the Oklahoma

Statutes, an attorney who represents indigents pursuant to a

contract with the System or who agrees to accept assignments of

cases from the System to represent indigents, or an attorney

employed by the System.
Okla. Stat. tit. 22, § 22-185 — OK Code / Title 22 / Section 22-185
Verbal warning or taking before magistrate for misdemeanor
Status: in_force

charges.

If the offense charged in the warrant issued is a misdemeanor,

the law enforcement officer may:

1. Issue a verbal warning about the existence of the warrant

and further advise the defendant to contact the clerk of the court

for the purpose of resolving the outstanding warrant. All verbal

warnings shall be documented by the law enforcement officer on a

department-issued warning ticket; or

2. Take the defendant before a magistrate of the county in

which the warrant was issued, who must admit the defendant to bail,

and immediately transmit the warrant, complaint, depositions, if

Oklahoma Statutes - Title 22. Criminal Procedure Page 133

any, and undertaking, to the clerk of the court in which the

defendant is required to appear.

R.L. 1910, § 5643. Amended by Laws 2023, c. 204, § 2, eff. Nov. 1,

2023.
Okla. Stat. tit. 22, § 22-383 — OK Code / Title 22 / Section 22-383
Resubmission of charge
Status: in_force

The dismissal of the charge does not, however, prevent its being

again submitted to a grand jury as often as the court may so direct.

But without such direction it cannot be again submitted.
Okla. Stat. tit. 22, § 22-1093 — OK Code / Title 22 / Section 22-1093
Execution and form of Compact
Status: in_force

The Governor is hereby authorized and directed to execute a

compact on behalf of this State with any other state or states

legally joining therein in the form, substantially as follows:

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

ARTICLE I. FINDINGS AND PURPOSES

A. The Compacting States to this Interstate Compact recognize:

1. That each state is responsible for the supervision of adult

offenders in the community who are authorized pursuant to the Bylaws

and Rules of this compact to travel across state lines both to and

from each compacting state in such manner as to track the location

of offenders, transfer supervision authority in an orderly and

efficient manner, and when necessary return offenders to the

originating jurisdictions; and

2. That Congress, by enacting the Crime Control Act, 4 U.S.C.,

Section 112 (1965), has authorized and encouraged compacts for

cooperative efforts and mutual assistance in the prevention of

crime.

B. The purposes of this compact and the Interstate Commission

created hereunder, through means of joint and cooperative action

among the Compacting States, are to:

1. Provide the framework for the promotion of public safety and

protect the rights of victims through the control and regulation of

the interstate movement of offenders in the community;

2. Provide for the effective tracking, supervision, and

rehabilitation of these offenders by the sending and receiving

states; and

3. Equitably distribute the costs, benefits, and obligations of

the compact among the Compacting States.

C. This compact will:

1. Create an interstate commission which will establish uniform

procedures to manage the movement between states of adults placed

under community supervision and released to the community under the

jurisdiction of courts, paroling authorities, corrections or other

criminal justice agencies which will promulgate rules to achieve the

purpose of this compact;

2. Ensure an opportunity for input and timely notice to victims

and to jurisdictions where defined offenders are authorized to

travel or to relocate across state lines;

Oklahoma Statutes - Title 22. Criminal Procedure Page 388

3. Establish a system of uniform data collection, access to

information on active cases by authorized criminal justice

officials, and regular reporting of compact activities to heads of

state councils, state executive, judicial, and legislative branches

and criminal justice administrators;

4. Monitor compliance with rules governing interstate movement

of offenders and initiate interventions to address and correct non-

compliance; and

5. Coordinate training and education regarding regulations of

interstate movement of offenders for officials involved in such

activity.

D. The compacting states recognize that there is no “right” of

any offender to live in another state and that duly accredited

officers of a sending state may at all times enter a receiving state

and there apprehend and retake any offender under supervision

subject to the provisions of this compact and Bylaws and Rules

promulgated hereunder.

E. It is the policy of the compacting states that the

activities conducted by the Interstate Commission created herein are

the formation of public policies and are therefore public business.

ARTICLE II. DEFINITIONS

As used in this compact, unless the context clearly requires a

different construction:

1. “Adult” means individuals legally classified as adults and

juveniles treated as adults by court order, statute, or operation of

law;

2. “Bylaws” means the bylaws established by the Interstate

Commission for its governance, or for directing or controlling the

Interstate Commission’s actions or conduct;

3. “Compact Administrator” means the individual in each

compacting state appointed pursuant to the terms of this compact

responsible for the administration and management of the state’s

supervision and transfer of offenders subject to the terms of this

compact, the rules adopted by the Interstate Commission and policies

adopted by the State Council under this compact;

4. “Compacting state” means any state which has enacted the

enabling legislation for this compact;

5. “Commissioner” means the voting representative of each

compacting state appointed pursuant to Article III of this compact;

6. “Interstate Commission” means the Interstate Commission for

Adult Offender Supervision established by this compact;

7. “Member” means the commissioner of a compacting state or

designee who shall be a person officially connected with the

commissioner;

8. “Noncompacting state” means any state which has not enacted

the enabling legislation for this compact;

Oklahoma Statutes - Title 22. Criminal Procedure Page 389

9. “Offender” means an adult placed under, or subject to,

supervision as the result of the commission of a criminal offense

and released to the community under the jurisdiction of courts,

paroling authorities, corrections, or other criminal justice

agencies;

10. “Person” means any individual, corporation, business

enterprise, or other legal entity, public or private;

11. “Rules” means acts of the Interstate Commission, duly

promulgated pursuant to Article VIII of this compact, substantially

affecting interested parties in addition to the Interstate

Commission, which shall have the force and effect of law in the

Compacting States;

12. “State” means a state of the United States, the District of

Columbia, and any other territorial possessions of the United

States; and

13. “State Council” means the resident members of the State

Council for Interstate Adult Offender Supervision created by each

state under Article III of this compact.

ARTICLE III. THE COMPACT COMMISSION

A. The Compacting States hereby create the Interstate

Commission for Adult Offender Supervision.

B. The Interstate Commission shall be a body corporate and

joint agency of the Compacting States. The Interstate Commission

shall have all the responsibilities, powers and duties set forth

herein, including the power to sue and be sued, and such additional

powers as may be conferred upon it by subsequent action of the

respective legislatures of the Compacting States in accordance with

the terms of this compact.

C. The Interstate Commission shall consist of Commissioners

selected and appointed by resident members of a State Council for

Interstate Adult Offender Supervision for each state. In addition

to the Commissioners who are the voting representatives of each

state, the Interstate Commission shall include individuals who are

not Commissioners but who are members of interested organizations;

such non-commissioner members must include a member of national

organizations of governors, legislators, state chief justices,

attorneys general, and crime victims. All non-commissioner members

of the Interstate Commission shall be ex-officio, (nonvoting)

members. The Interstate Commission may provide in its bylaws for

such additional, ex-officio, nonvoting members as it deems

necessary.

D. Each compacting state represented at any meeting of the

Interstate Commission is entitled to one vote. A majority of the

Compacting States shall constitute a quorum for the transaction of

business, unless a larger quorum is required by the bylaws of the

Interstate Commission. The Interstate Commission shall meet at

least once each calendar year. The chairperson may call additional

Oklahoma Statutes - Title 22. Criminal Procedure Page 390

meetings and, upon the request of twenty-seven or more Compacting

States, shall call additional meetings. Public notice shall be

given of all meetings and meetings shall be open to the public.

E. The Interstate Commission shall establish an Executive

Committee which shall include commission officers, members, and

others as shall be determined by the bylaws. The Executive

Committee shall have the power to act on behalf of the Interstate

Commission during periods when the Interstate Commission is not in

session, with the exception of rulemaking and/or amendment to the

Compact. The Executive Committee oversees the day-to-day activities

managed by the Executive Director and Interstate Commission staff,

administers enforcement and compliance with the provisions of the

compact, its bylaws and as directed by the Interstate Commission and

performs other duties as directed by the Interstate Commission or

set forth in the bylaws.

ARTICLE IV: THE STATE COUNCIL

Each member state shall create a State Council for Interstate

Adult Offender Supervision which shall be responsible for the

appointment of the commissioner who shall serve on the Interstate

Commission from that state. Each state council shall appoint as its

commissioner the Compact Administrator from that state to serve on

the National Interstate Commission in such capacity under or

pursuant to applicable law of the member state. While each member

state may determine the membership of its own state council, its

membership must include at least one representative from the

legislative, judicial, and executive branches of government, victims

groups and compact administrators. Each compacting state retains

the right to determine the qualifications of the Compact

Administrator who shall be appointed by the state council or by the

Governor in consultation with the Legislature and the Judiciary. In

addition to appointment of its commissioner to the National

Interstate Commission, each state council shall exercise oversight

and advocacy concerning its participation in Interstate Commission

activities and other duties as may be determined by each member

state, including, but not limited to, development of policy

concerning operations and procedures of the compact within that

state.

ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

1. To adopt a seal and suitable bylaws governing the management

and operation of the Interstate Commission;

2. To promulgate rules which shall have the force and effect of

statutory law and shall be binding in the Compacting States to the

extent and in the manner provided in this compact;

3. To oversee, supervise, and coordinate the interstate

movement of offenders subject to the terms of this compact and any

bylaws adopted and rules promulgated by the compact commission;

Oklahoma Statutes - Title 22. Criminal Procedure Page 391

4. To enforce compliance with compact provisions, Interstate

Commission rules, and bylaws, using all necessary and proper means,

including, but not limited to, the use of judicial process;

5. To establish and maintain offices;

6. To purchase and maintain insurance and bonds;

7. To borrow, accept, or contract for services of personnel,

including, but not limited to, members and their staffs;

8. To establish and appoint committees and hire staff which it

deems necessary for the carrying out of its functions, including,

but not limited to, an executive committee as required by Article

III which shall have the power to act on behalf of the Interstate

Commission in carrying out its powers and duties hereunder;

9. To elect or appoint officers, attorneys, employees, agents,

or consultants; to fix their compensation, define their duties, and

determine their qualifications; and to establish the Interstate

Commission’s personnel policies and programs relating to, among

other things, conflicts of interest, rates of compensation, and

qualifications of personnel;

10. To accept any and all donations and grants of money,

equipment, supplies, materials, and services, and to receive,

utilize, and dispose of same;

11. To lease, purchase, accept contributions or donations of,

or otherwise to own, hold, improve or use any property, real,

personal, or mixed;

12. To sell, convey, mortgage, pledge, lease, exchange, abandon

or otherwise dispose of any property, real, personal, or mixed;

13. To establish a budget, make expenditures, and levy dues as

provided in Article X of this compact;

14. To sue and be sued;

15. To provide for dispute resolution among Compacting States;

16. To perform such functions as may be necessary or

appropriate to achieve the purposes of this compact;

17. To report annually to the legislatures, governors,

judiciary, and state councils of the Compacting States concerning

the activities of the Interstate Commission during the preceding

year. Such reports shall include any recommendations that may have

been adopted by the Interstate Commission;

18. To coordinate education, training and public awareness

regarding the interstate movement of offenders for officials

involved in such activity; and

19. To establish uniform standards for the reporting,

collecting, and exchanging of data.

ARTICLE VI.

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall, by a majority of the

Members, within twelve (12) months of the first Interstate

Commission meeting, adopt bylaws to govern its conduct as may be

Oklahoma Statutes - Title 22. Criminal Procedure Page 392

necessary or appropriate to carry out the purposes of the Compact,

including, but not limited to:

1. Establishing the fiscal year of the Interstate Commission;

2. Establishing an executive committee and such other

committees as may be necessary;

3. Providing reasonable standards and procedures for the

establishment of committees and the general or specific delegation

of any authority or function of the Interstate Commission;

4. Providing reasonable procedures for calling and conducting

meetings of the Interstate Commission, and ensuring reasonable

notice of each such meeting;

5. Establishing the titles and responsibilities of the officers

of the Interstate Commission;

6. Providing reasonable standards and procedures for the

establishment of the personnel policies and programs of the

Interstate Commission; provided that notwithstanding any civil

service or other similar laws of any compacting state, the Bylaws

shall exclusively govern the personnel policies and programs of the

Interstate Commission;

7. Providing a mechanism for winding up the operations of the

Interstate Commission and the equitable return of any surplus funds

that may exist upon the termination of the Compact after the payment

and/or reserving of all of its debts and obligations;

8. Providing transition rules for start-up administration of

the compact; and

9. Establishing standards and procedures for compliance and

technical assistance in carrying out the compact.

B. 1. The Interstate Commission shall, by a majority of the

Members, elect from among its Members a chairperson and a vice-

chairperson, each of whom shall have such authorities and duties as

may be specified in the bylaws. The chairperson or, in the

chairperson’s absence or disability, the vice-chairperson shall

preside at all meetings of the Interstate Commission. The Officers

so selected shall serve without compensation or remuneration from

the Interstate Commission; provided that, subject to the

availability of budgeted funds, the officers shall be reimbursed for

any actual and necessary costs and expenses incurred by them in the

performance of their duties and responsibilities as officers of the

Interstate Commission.

2. The Interstate Commission shall, through its executive

committee, appoint or retain an executive director for such period,

upon such terms and conditions and for such compensation as the

Interstate Commission may deem appropriate. The executive director

shall serve as secretary to the Interstate Commission, and hire and

supervise such other staff as may be authorized by the Interstate

Commission, but shall not be a member.

Oklahoma Statutes - Title 22. Criminal Procedure Page 393

C. The Interstate Commission shall maintain its corporate books

and records in accordance with the bylaws.

D. 1. The Members, officers, executive director, and employees

of the Interstate Commission shall be immune from suit and

liability, either personally or in their official capacity, for any

claim for damage to or loss of property or personal injury or other

civil liability caused by or arising out of any actual or alleged

act, error, or omission that occurred within the scope of Interstate

Commission employment, duties or responsibilities; provided, that

nothing in this paragraph shall be construed to protect any such

person from suit and/or liability for any damage, loss, injury, or

liability caused by the intentional or willful and wanton misconduct

of any such person.

2. The Interstate Commission shall defend the commissioner of a

compacting state, or the commissioner’s representatives or

employees, or the Interstate Commission’s representatives or

employees in any civil action seeking to impose liability, arising

out of any actual or alleged act, error, or omission that occurred

within the scope of Interstate Commission employment, duties, or

responsibilities or that the defendant had a reasonable basis for

believing occurred within the scope of Interstate Commission

employment, duties, or responsibilities. Provided, that the actual

or alleged act, error, or omission did not result from intentional

wrongdoing on the part of such person.

3. The Interstate Commission shall indemnify and hold the

commissioner of a Compacting State, the appointed designees or

employees, or the Interstate Commission’s representatives or

employees, harmless in the amount of any settlement or judgment

obtained against such persons arising out of any actual or alleged

act, error, or omission that occurred within the scope of Interstate

Commission employment, duties, or responsibilities, or that such

person had reasonable basis for believing occurred within the scope

of Interstate Commission employment, duties, or responsibilities;

provided, that the actual or alleged act, error, or omission did not

result from gross negligence or intentional wrongdoing on the part

of such person.

ARTICLE VII.

ACTIVITIES OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall meet and take such actions

as are consistent with the provisions of this Compact.

B. Except as otherwise provided in this compact and unless a

greater percentage is required by the bylaws, in order to constitute

an act of the Interstate Commission, each act shall have been taken

at a meeting of the Interstate Commission and shall have received an

affirmative vote of a majority of the members present.

C. Each member of the Interstate Commission shall have the

right and power to cast a vote to which that Compacting State is

Oklahoma Statutes - Title 22. Criminal Procedure Page 394

entitled and to participate in the business and affairs of the

Interstate Commission. A Member shall vote in person on behalf of

the state and shall not delegate a vote to another member state.

However, a State Council shall appoint another authorized

representative, in the absence of the commissioner from that state,

to cast a vote on behalf of the member state at a specified meeting.

The bylaws may provide for Members’ participation in meetings by

telephone or other means of telecommunication or electronic

communication. Any voting conducted by telephone or other means of

telecommunication or electronic communication shall be subject to

the same quorum requirements of meetings where members are present

in person.

D. The Interstate Commission shall meet at least once during

each calendar year. The chair of the Interstate Commission may call

additional meetings at any time and, upon the request of a majority

of the members, shall call additional meetings.

E. The Interstate Commission’s bylaws shall establish

conditions and procedures under which the Interstate Commission

shall make its information and official records available to the

public for inspection or copying. The Interstate Commission may

exempt from disclosure any information or official records to the

extent they would adversely affect personal privacy rights or

proprietary interests. In promulgating such rules, the Interstate

Commission may make available to law enforcement agencies records

and information otherwise exempt from disclosure and may enter into

agreements with law enforcement agencies to receive or exchange

information or records subject to nondisclosure and confidentiality

provisions.

F. Public notice shall be given of all meetings, and all

meetings shall be open to the public except as set forth in the

rules or as otherwise provided in the Compact. The Interstate

Commission shall promulgate rules consistent with the principles

contained in the Government in Sunshine Act, Section 552(b), of

Title 5 of the United States Code. The Interstate Commission and

any of its committees may close a meeting to the public where it

determines by a two-thirds vote that an open meeting would be likely

to:

1. Relate solely to the Interstate Commission’s internal

personnel practices and procedures;

2. Disclose matters specifically exempted from disclosure by

statute;

3. Disclose trade secrets or commercial or financial

information which is privileged or confidential;

4. Involve accusing any person of a crime or formally censuring

any person;

5. Disclose information of a personal nature where disclosure

would constitute a clearly unwarranted invasion of personal privacy;

Oklahoma Statutes - Title 22. Criminal Procedure Page 395

6. Disclose investigatory records compiled for law enforcement

purposes;

7. Disclose information contained in or related to examination,

operating or condition reports prepared by, or on behalf of, or for

the use of, the Interstate Commission with respect to a regulated

entity for the purpose of regulation or supervision of such entity;

8. Disclose information, the premature disclosure of which

would significantly endanger the life of a person or the stability

of a regulated entity;

9. Relate specifically to the Interstate Commission’s issuance

of a subpoena or its participation in a civil action or proceeding.

G. For every meeting closed pursuant to this provision, the

Interstate Commission’s chief legal officer shall publicly certify

that, in the officer’s opinion, the meeting may be closed to the

public and shall reference each relevant exemptive provision.

H. The Interstate Commission shall keep minutes which shall

fully and clearly describe all matters discussed in any meeting and

shall provide a full and accurate summary of any actions taken, and

the reasons therefor, including a description of each of the views

expressed on any item and the record of any roll-call vote

(reflected in the vote of each member on the question). All

documents considered in connection with any action shall be

identified in such minutes.

I. The Interstate Commission shall collect standardized data

concerning the interstate movement of offenders as directed through

its Bylaws and Rules which shall specify the data to be collected,

the means of collection, and data exchange and reporting

requirements.

ARTICLE VIII.

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall promulgate rules in order to

effectively and efficiently achieve the purposes of the compact

including transition rules governing administration of the compact

during the period in which it is being considered and enacted by the

states.

B. Rulemaking shall occur pursuant to the criteria set forth in

this Article and the Bylaws and Rules adopted pursuant thereto.

Such rulemaking shall substantially conform to the principles of the

federal Administrative Procedure Act, Section 551, et seq. of Title

5 of the United States Code, and the Federal Advisory Committee Act,

App. 2, Section 1, et seq. of Title 5 of the United State Code, as

may be amended (APA). All Rules and amendments shall become binding

as of the date specified in each Rule or amendment.

C. If a majority of the legislatures of the Compacting States

rejects a Rule by enactment of a statute or resolution in the same

manner used to adopt the compact, then such Rule shall have no

further force and effect in any Compacting State.

Oklahoma Statutes - Title 22. Criminal Procedure Page 396

D. When promulgating a rule, the Interstate Commission shall:

1. Publish the proposed rule stating with particularity the

text of the rule which is proposed and the reason for the proposed

rule;

2. Allow persons to submit written data, facts, opinions, and

arguments which information shall be publicly available;

3. Provide an opportunity for an informal hearing; and

4. Promulgate a final rule and its effective date, if

appropriate, based on the rulemaking record.

E. Not later than sixty (60) days after a Rule is promulgated,

any interested person may file a petition in the United States

District Court for the District of Columbia or in the Federal

District Court where the Interstate Commission’s principal office is

located for judicial review of such Rule. If the court finds that

the Interstate Commission’s action is not supported by substantial

evidence (as defined in the APA) in the rulemaking record, the court

shall hold the Rule unlawful and set it aside.

F. Subjects to be addressed in rules within twelve (12) months

after the first meeting must at a minimum include:

1. Notice to victims and opportunity to be heard;

2. Offender registration and compliance;

3. Violations/returns;

4. Transfer procedures and forms;

5. Eligibility for transfer;

6. Collection of restitution and fees from offenders;

7. Data collection and reporting;

8. Level of supervision to be provided by the receiving state;

9. Transition rules governing the operation of the compact and

the Interstate Commission during all or part of the period between

the effective date of the compact and the date on which the last

eligible state adopts the compact;

10. Mediation, arbitration, and dispute resolution.

G. The existing rules governing the operation of the previous

compact superceded by this act shall be null and void twelve (12)

months after the first meeting of the Interstate Commission created

hereunder.

H. Upon determination by the Interstate Commission that an

emergency exists, it may promulgate an emergency rule which shall

become effective immediately upon adoption; provided, that the usual

rulemaking procedures shall be retroactively applied to said rule as

soon as reasonably possible, in no event later than ninety (90) days

after the effective date of the rule.

ARTICLE IX.

OVERSIGHT, ENFORCEMENT, AND

DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

A. 1. The Interstate Commission shall oversee the interstate

movement of adult offenders in the Compacting States and shall

Oklahoma Statutes - Title 22. Criminal Procedure Page 397

monitor such activities being administered in Non-Compacting States

which may significantly affect Compacting States.

2. The courts and executive agencies in each Compacting State

shall enforce this Compact and shall take all actions necessary and

appropriate to effectuate the Compact’s purposes and intent. In any

judicial or administrative proceeding in a Compacting State

pertaining to the subject matter of this Compact which may affect

the powers, responsibilities or actions of the Interstate

Commission, the Interstate Commission shall be entitled to receive

all service of process in any such proceeding and shall have

standing to intervene in the proceeding for all purposes.

B. 1. The Compacting States shall report to the Interstate

Commission on issues or activities of concern to them and cooperate

with and support the Interstate Commission in the discharge of its

duties and responsibilities.

2. The Interstate Commission shall attempt to resolve any

disputes or other issues which are subject to the Compact and which

may arise among Compacting States and Non-Compacting States.

3. The Interstate Commission shall enact a Bylaw or promulgate

a Rule providing for both mediation and binding dispute resolution

for disputes among Compacting States.

C. The Interstate Commission, in the reasonable exercise of its

discretion, shall enforce the provisions of this Compact using any

or all means set forth in Article XII, Section B, of this Compact.

ARTICLE X. FINANCE

A. The Interstate Commission shall pay or provide for the

payment of the reasonable expenses of its establishment,

organization, and ongoing activities.

B. The Interstate Commission shall levy on and collect an

annual assessment from each Compacting State to cover the cost of

the internal operations and activities of the Interstate Commission

and its staff which must be in a total amount sufficient to cover

the Interstate Commission’s annual budget as approved each year.

The aggregate annual assessment amount shall be allocated based upon

a formula to be determined by the Interstate Commission, taking into

consideration the population of the state and the volume of

interstate movement of offenders in each compacting state and shall

promulgate a rule binding upon all Compacting States which governs

said assessment.

C. The Interstate Commission shall not incur any obligations of

any kind prior to securing the funds adequate to meet the same. Nor

shall the Interstate Commission pledge the credit of any of the

Compacting States except by and with the authority of the compacting

state.

D. The Interstate Commission shall keep accurate accounts of

all receipts and disbursements. The receipts and disbursements of

the Interstate Commission shall be subject to the audit and

Oklahoma Statutes - Title 22. Criminal Procedure Page 398

accounting procedures established under its bylaws. However, all

receipts and disbursements of funds handled by the Interstate

Commission shall be audited yearly by a certified or licensed public

accountant and the report of the audit shall be included in and

become part of the annual report of the Interstate Commission.

ARTICLE XI.

COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT

A. Any state, as defined in Article II of this Compact, is

eligible to become a Compacting State. The Compact shall become

effective and binding upon legislative enactment of the Compact into

law by no fewer than thirty-five of the States. The initial

effective date shall be the later of July 1, 2001, or upon enactment

into law by the thirty-fifth jurisdiction. Thereafter, it shall

become effective and binding as to any other Compacting State upon

enactment of the Compact into law by that State. The governors of

Nonmember states or their designees will be invited to participate

in Interstate Commission activities on a nonvoting basis prior to

adoption of the compact by all states and territories of the United

States.

B. Amendments to the Compact may be proposed by the Interstate

Commission for enactment by the Compacting States. No amendment

shall become effective and binding upon the Interstate Commission

and the Compacting States unless and until it is enacted into law by

unanimous consent of the Compacting States.

ARTICLE XII.

WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

A. 1. Once effective, the Compact shall continue in force and

remain binding upon each Compacting State; provided that a

Compacting State may withdraw from the compact (“Withdrawing State”)

by enacting a statute specifically repealing the statute which

enacted the Compact into law. The effective date of withdrawal is

the effective date of the repeal.

2. The Withdrawing State shall immediately notify the

Chairperson of the Interstate Commission in writing upon the

introduction of legislation repealing this Compact in the

Withdrawing State. The Interstate Commission shall notify the other

Compacting States of the Withdrawing State’s intent to withdraw

within sixty (60) days of its receipt of the notice.

3. The Withdrawing State is responsible for all assessments,

obligations, and liabilities incurred through the effective date of

withdrawal, including any obligations, the performance of which

extend beyond the effective date of withdrawal.

4. Reinstatement following withdrawal of any Compacting State

shall occur upon the reenactment of the Compact by the Withdrawing

State or upon such later date as determined by the Interstate

Commission.

Oklahoma Statutes - Title 22. Criminal Procedure Page 399

B. If the Interstate Commission determines that any Compacting

State has at any time defaulted (“Defaulting State”) in the

performance of any of its obligations or responsibilities under this

Compact, the Bylaws or any duly promulgated Rules, the Interstate

Commission may impose any or all of the following penalties:

a. fines, fees, and costs in such amounts as are deemed

to be reasonable as fixed by the Interstate

Commission,

b. remedial training and technical assistance as directed

by the Interstate Commission,

c. suspension and termination of membership in the

compact. Suspension shall be imposed only after all

other reasonable means of securing compliance under

the Bylaws and Rules have been exhausted. Immediate

notice of suspension shall be given by the Interstate

Commission to the Governor, the Chief Justice or Chief

Judicial Officer of the state, the majority and

minority leaders of the defaulting state’s

legislature, and the State Council.

C. 1. The grounds for default include, but are not limited to,

failure of a Compacting State to perform such obligations or

responsibilities imposed upon it by this Compact, Interstate

Commission Bylaws, or duly promulgated Rules. The Interstate

Commission shall immediately notify the Defaulting State in writing

of the penalty imposed by the Interstate Commission on the

Defaulting State pending a cure of the default. The Interstate

Commission shall stipulate the conditions and the time period within

which the Defaulting State must cure its default. If the Defaulting

State fails to cure the default within the time period specified by

the Interstate Commission, in addition to any other penalties

imposed herein, the Defaulting State may be terminated from the

Compact upon an affirmative vote of a majority of the Compacting

States and all rights, privileges, and benefits conferred by this

Compact shall be terminated from the effective date of suspension.

2. Within sixty (60) days of the effective date of termination

of a Defaulting State, the Interstate Commission shall notify the

Governor, the Chief Justice or Chief Judicial Officer, and the

Majority and Minority Leaders of the Defaulting State’s Legislature

and the State Council of such termination.

3. The defaulting state is responsible for all assessments,

obligations, and liabilities incurred through the effective date of

termination including any obligations, the performance of which

extends beyond the effective date of termination.

4. The Interstate Commission shall not bear any costs relating

to the Defaulting State unless otherwise mutually agreed upon

between the Interstate Commission and the Defaulting State.

Reinstatement following termination of any compacting state requires

Oklahoma Statutes - Title 22. Criminal Procedure Page 400

both a reenactment of the Compact by the Defaulting State and the

approval of the Interstate Commission pursuant to the Rules.

D. The Interstate Commission may, by a majority vote of the

Members, initiate legal action in the United States District Court

for the District of Columbia or, at the discretion of the Interstate

Commission, in the Federal District where the Interstate Commission

has its offices to enforce compliance with the provisions of the

Compact, its duly promulgated Rules and Bylaws against any

Compacting State in default. In the event judicial enforcement is

necessary the prevailing party shall be awarded all costs of such

litigation including reasonable attorney fees.

E. The Compact dissolves effective upon the date of the

withdrawal or default of a Compacting State which reduces membership

in the Compact to one Compacting State. Upon dissolution of this

Compact, the Compact becomes null and void and shall be of no

further force or effect, and the business and affairs of the

Interstate Commission shall be wound up, and any surplus funds shall

be distributed in accordance with the bylaws.

ARTICLE XIII.

SEVERABILITY AND CONSTRUCTION

A. The provisions of this Compact shall be severable. If any

phrase, clause, sentence or provision is deemed unenforceable, the

remaining provisions of the Compact shall be enforceable.

B. The provisions of this Compact shall be liberally construed

to effectuate its purposes.

ARTICLE XIV.

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Nothing in this Compact prevents the enforcement of any

other law of a Compacting State that is not inconsistent with this

Compact. All Compacting States’ laws conflicting with this Compact

are superseded to the extent of the conflict.

B. 1. All lawful actions of the Interstate Commission,

including all Rules and Bylaws promulgated by the Interstate

Commission, are binding upon the Compacting States.

2. All agreements between the Interstate Commission and the

Compacting States are binding in accordance with their terms.

3. Upon the request of a party to a conflict over meaning or

interpretation of Interstate Commission actions, and upon a majority

vote of the Compacting States, the Interstate Commission may issue

advisory opinions regarding such meaning or interpretation.

4. In the event any provision of this Compact exceeds the

constitutional limits imposed on the legislature of any Compacting

State, the obligations, duties, powers, or jurisdiction sought to be

conferred by such provision upon the Interstate Commission shall be

ineffective. Such obligations, duties, powers, or jurisdiction

shall remain in the Compacting State and shall be exercised by the

agency in the state to which such obligations, duties, powers, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 401

jurisdiction are delegated by law in effect at the time this compact

becomes effective.
Okla. Stat. tit. 22, § 22-211.1 — OK Code / Title 22 / Section 22-211.1
DNA information inadmissible post-expungement date
Status: in_force

All deoxyribonucleic acid (DNA) samples, records and

identifiable information generated pursuant to the provisions of

Section 1 of Enrolled House Bill No. 2275 of the 2nd Session of the

55th Oklahoma Legislature that are required to be automatically

expunged under the provisions of that section shall be inadmissible

in any prosecution of that person for a crime committed after the

date the DNA samples, records and identifiable information should

have been automatically expunged.