Okla. Stat. tit. 22, § 22-991a-2 — OK Code / Title 22 / Section 22-991a-2
Nonviolent felony offenders - County jail imprisonment
Status: in_force

- Fines and costs.

A. Any person who has been convicted of a nonviolent felony

offense in this state may be sentenced, at the discretion of the

judge, to incarceration in the county jail for a period of one or

more nights or weekends with the remaining portion of each week

being spent under supervision. County jail imprisonment pursuant to

the provisions of this section for felony offenders shall be:

1. Prescribed by law for the particular felony; or

2. A condition of a suspended sentence.

B. In addition to incarceration, the court may impose any fine,

cost assessment, or other punishment provision allowed by law;

provided, however, the punishment when taken in its entirety with

the jail term shall not impose a greater punishment than allowed by

law for the offense.

C. Any person incarcerated in the county jail pursuant to the

provisions of this section may be assigned work duties as ordered or

approved by the judge. The sentencing court may require a person

incarcerated pursuant to the provisions of this section to pay the

county, for food and maintenance for each day of incarceration, an

amount equal to the maximum amount prescribed by law to be paid by

the county to the sheriff for such expenses. If the judge does not

so order, the Department of Corrections shall reimburse the county

for the cost of feeding and care of the person during such periods

of incarceration.

D. Any person incarcerated pursuant to the provisions of this

section shall not be considered to be in the custody of the

Department of Corrections or an inmate of the Department. The

person shall be deemed to be in the custody of the county.

E. When the court sentences a person to incarceration pursuant

to the provisions of this section in conjunction with a suspended

sentence, the court shall have the authority to revoke any unserved

portion of the suspended sentence as provided by law.

Oklahoma Statutes - Title 22. Criminal Procedure Page 317

F. For the purposes of subsection A of this section, weekend

incarceration shall commence at 6 p.m. on Friday and continue until

8 a.m. on the following Monday, and incarceration overnight shall

commence at 6 p.m. on one day and continue until 8 a.m. of the next

day. Provided, that the sentencing judge may modify the

incarceration times if the circumstances of the particular case

require such action. Persons who have been sentenced to

incarceration in the county jail under the provisions of this

section will not have to be processed through the Lexington

Assessment and Reception Center prior to incarceration.
Okla. Stat. tit. 22, § 22-1276 — OK Code / Title 22 / Section 22-1276
Record of indictments, informations and bonds not public
Status: in_force

The record provided for in the preceding section shall be kept

by the clerk as a private record and to be made public only in case

the original indictment, information or bond becomes lost, stolen or

cannot be found.
Okla. Stat. tit. 22, § 22-38 — OK Code / Title 22 / Section 22-38
Representation of law enforcement officers by district
Status: in_force

attorney in civil actions resulting from riot activity.

A law enforcement officer who has no criminal action taken,

pending or contemplated against him for the identical acts as

hereinafter set forth shall be entitled to representation by the

district attorney of his district or where the action is filed in a

civil action brought against him for actions alleged to have been

wrongfully committed by him while performing his official duty of

endeavoring to quell a riot or to control civil disorder, whether or

not a state of emergency was declared by the Governor at the time.

Representation of a law enforcement officer against whom a civil

action is instituted on account of alleged wrongful acts by the

officer while performing riot quelling or civil disorder controlling

functions shall not authorize a district attorney to receive other

compensation for legal services than the salary provided by law for

his office.
Okla. Stat. tit. 22, § 22-15 — OK Code / Title 22 / Section 22-15
Testimony against one's self - Restraint during trial and
Status: in_force

prior to conviction.

No person can be compelled in a criminal action to be witness

against himself; nor can a person charged with a public offense be

subjected before conviction to any more restraint than is necessary

for his detention to answer the charge, and in no event shall he be

tried before a jury while in chains or shackles.
Okla. Stat. tit. 22, § 22-18a — OK Code / Title 22 / Section 22-18a
Petition to Expunge Records and Order to Expunge Records
Status: in_force

The following statutory forms of Petition to Expunge Records

Pursuant to Title 22 O.S. Sections 18 and 19 and Order to Expunge

Records Pursuant to Title 22 O.S. Sections 18 and 19, as authorized

by Section 1 of this act, may be utilized for persons seeking an

expungement of records under the provisions of paragraph 15 of

subsection A of Section 18 of Title 22 of the Oklahoma Statutes:

IN THE DISTRICT COURT OF _________________ ___ COUNTY

STATE OF OKLAHOMA

______________________________, )

)

Petitioner, )

)

)

)

vs. ) Case No. ________________

)

_____________________________ )

Oklahoma Statutes - Title 22. Criminal Procedure Page 27

)

)

)

THE STATE OF OKLAHOMA, )

)

)

)

Respondent. )

PETITION TO EXPUNGE RECORDS

PURSUANT TO TITLE 22 O.S. SECTIONS 18 AND 19

COMES NOW, the Petitioner and respectfully moves this Court to

expunge the criminal history records of the Petitioner pursuant to

paragraph 15 of subsection A of Section 18 and Section 19 of Title

22 of the Oklahoma Statutes.

PETITIONER INFORMATION:

_________________________________________________________________

(Last name) (First name) (Middle name)

_________________________________________________________________

(Address)

_________________________________________________________________

(Phone Number)

__________________________ ________________________

(Date of Birth) (Social Security Number)

CRIMINAL CASE INFORMATION:

Name and Address of Arresting Agency: Date of Arrest:

____________________________________ _____________________

____________________________________

____________________________________

Name and Address of Other Agency:

(List any state or local government agency that has a record of your

case.)

____________________________________ _______________________

____________________________________ _______________________

____________________________________ _______________________

Case Number to be Expunged: _____________________________________

Charge to be Expunged: __________________________________________

* Information on your criminal case may be found at www.oscn.net.

I, the above-named Petitioner, hereby petition this Court for an

expungement of criminal records pursuant to paragraph 15 of

subsection A of Section 18 of Title 22 of the Oklahoma Statutes and

certify as follows:

1. In this court of the county named above, I was charged and

convicted of a nonviolent felony offense not listed in Section 571

of Title 57 of the Oklahoma Statutes;

2. That the nonviolent felony offense I was charged and

convicted of has been reclassified as a misdemeanor offense under

Oklahoma law;

Oklahoma Statutes - Title 22. Criminal Procedure Page 28

3. That I am not currently serving a sentence for a crime in

this state or another state;

4. At least thirty (30) days have passed since either the

completion of my sentence or the commutation of my sentence for the

crime that was reclassified as a misdemeanor;

5. That all restitution (if any) ordered by the court to be

paid by me in this case has been satisfied in full;

6. That I have successfully completed any and all treatment

program(s) ordered by the court, successfully completed an

accelerated or revoked sentence or successfully completed a

treatment program at a later date; and

7. That the harm to the Petitioner's privacy or danger of

unwarranted adverse consequences outweighs the public's interest in

retaining said records.

I declare under penalty of perjury that the statements made

herein are true and correct to the best of my knowledge, information

and belief.

___________________ ______________________________

Date Signature of Petitioner

Name (Print): ________________

IN THE DISTRICT COURT OF _____________________________ COUNTY

STATE OF OKLAHOMA

_______________________________, )

)

Petitioner, )

)

)

)

vs. ) Case No. ________________

)

_____________________________ )

)

)

)

THE STATE OF OKLAHOMA, )

)

)

)

Respondent. )

ORDER TO EXPUNGE RECORDS

PURSUANT TO TITLE 22 O.S. SECTIONS 18 AND 19

NOW on this ___________ day of ________________________________,

20______, after consideration of the Petition to Expunge Records

Pursuant to Title 22 O.S. Sections 18 and 19, presented by

___________________________________, it is so ORDERED that:

[ ] The Petition is hereby GRANTED. The Petitioner qualifies

for an expungement of records pursuant to paragraph 15 of

Oklahoma Statutes - Title 22. Criminal Procedure Page 29

subsection A of Section 18 of Title 22 of the Oklahoma

Statutes. The Court finds that the harm to the Petitioner's

privacy or danger of unwarranted adverse consequences

outweighs the public's interest in retaining said records.

The Court further finds that the law enforcement agencies

listed in the Petition to Expunge Records shall seal all of

the court, arrest and criminal history records of the

Petitioner pursuant to the provisions of Section 19 of Title

22 of the Oklahoma Statutes. Upon the entry of this order

to seal the records, or any part thereof, the subject

official actions shall be deemed never to have occurred, and

the person in interest and all criminal justice agencies may

properly reply, upon any inquiry in the matter, that no such

action ever occurred and that no such record exists with

respect to such person. Inspection of the records included

in the order may thereafter be permitted by the court only

upon petition by the person in interest who is the subject

of such records, the Attorney General, or by the district

attorney and only to those persons and for such purposes

named in such petition. Employers, educational

institutions, state and local government agencies,

officials, and employees shall not, in any application or

interview or otherwise, require an applicant to disclose any

information contained in sealed records. An applicant need

not, in answer to any question concerning arrest and

criminal records, provide information that has been sealed,

including any reference to or information concerning such

sealed information, and may state that no such action has

ever occurred. Such an application may not be denied solely

because of the applicant's refusal to disclose arrest and

criminal records information that has been sealed.

[ ] The Petition is hereby DENIED.

IT IS SO ORDERED.

JUDGE OF THE DISTRICT COURT

____________________________
Okla. Stat. tit. 22, § 22-1235 — OK Code / Title 22 / Section 22-1235
Hearing on issuance of warrant
Status: in_force

If the grounds on which the warrant was issued be controverted,

the magistrate must proceed to take testimony in relation thereto.
Okla. Stat. tit. 22, § 22-1106 — OK Code / Title 22 / Section 22-1106
Deposit for bail
Status: in_force

A deposit of the sum of money mentioned in the order admitting

to bail is equivalent to bail and upon such deposit the defendant

must be discharged from custody.
Okla. Stat. tit. 22, § 22-711 — OK Code / Title 22 / Section 22-711
Service of subpoena by whom - Return
Status: in_force

A peace officer must serve in his county, city, town or village,

as the case may be, any subpoena delivered to him for service,

either on the part of the state or of the defendant, and must make a

written return of the service, subscribed by him, stating the time

and place of service without delay. A subpoena may, however, be

served by any other person.
Okla. Stat. tit. 22, § 22-832 — OK Code / Title 22 / Section 22-832
Court to decide the law
Status: in_force

The court must decide all questions of law which arise in the

course of the trial.
Okla. Stat. tit. 22, § 22-988.11 — OK Code / Title 22 / Section 22-988.11
Performance-based evaluations
Status: in_force

Each service provider contracting with the state pursuant to the

Oklahoma Community Sentencing Act shall be required to have a

performance-based evaluation within two (2) years of participating

in a local community sentencing system. The initial performance-

based evaluation of a program or service shall be made two (2) years

from the date a program or service is first designated in the local

system plan and funded, provided the program or service continues to

be included in the local system plan during a second or subsequent

plan year. After an initial evaluation, the program or service

shall be reviewed annually when the program or service continues to

be designated as part of the local system plan. The Community

Sentencing Division within the Department of Corrections may

establish other criteria for evaluating programs and services, and

shall establish procedures by rule for review of the evaluations

prior to any renewal of service provider agreements or selection of

new service providers. Evaluations shall apply to state agencies

offering services pursuant to the provisions of the Oklahoma

Community Sentencing Act.
Okla. Stat. tit. 22, § 22-1145.4 — OK Code / Title 22 / Section 22-1145.4
Disposal of criminal charge at request of defendant
Status: in_force

On request of the defendant and consent of the prosecuting

attorney in the demanding state and the prosecuting attorney in the

asylum state, the trial court of general jurisdiction or such other

Oklahoma Statutes - Title 22. Criminal Procedure Page 444

court having appropriate jurisdiction in the asylum state may

dispose of the offense or offenses set out in the complaint,

indictment or information or other equivalent pleading of the

demanding state, and an exemplified copy of the judgment of the

asylum state shall constitute a judgment on the merits when filed in

the case in the courts of the demanding state.
Okla. Stat. tit. 22, § 22-1345 — OK Code / Title 22 / Section 22-1345
Citation
Status: in_force

This act may be known and cited as the "Interstate Agreement on

Detainers Act".
Okla. Stat. tit. 22, § 22-990.1 — OK Code / Title 22 / Section 22-990.1
Uniform supervision form - Requisites
Status: in_force

A. The Administrative Office of the Courts in collaboration

with the Department of Corrections through both the Community

Corrections/Probation and Parole Division and the Community

Sentencing Division shall establish a uniform supervision form to be

distributed to and used by the district courts of this state for

felony offenders sentenced to supervision under a sentence of

probation, a suspended sentence, a split sentence, a delayed

sentence, and a community sentence. The form shall comply with the

provisions of Section 990 of Title 22 of the Oklahoma Statutes and

any other statutory authority for supervision of court orders. The

form shall provide sufficient space for the sentencing judge to

write orders for specific conditions of the sentence as provided in

paragraph B of Section 987.8 of Title 22 of the Oklahoma Statutes

and for orders enumerating amounts, schedules, and designation of

payments for restitution, reimbursements, repayments, costs, fees,

court costs, and statutory fines. The form shall be completed and

implemented by July 1, 1998.

B. The Administrative Office of the Courts shall promulgate

rules necessary to carry out the implementation of the provisions of

this section by the judiciary. The Department of Corrections

through both the Community Corrections/Probation and Parole Division

and the Community Sentencing Division shall promulgate rules

necessary to carry out the implementation of the provisions of this

section by persons under their authority.
Okla. Stat. tit. 22, § 22-263 — OK Code / Title 22 / Section 22-263
Costs taxed against complainant, when
Status: in_force

If the defendant on a preliminary examination for a public

offense be discharged as provided in the last section and if the

magistrate find that the prosecution was malicious and without

probable cause, he shall enter such judgment on his docket and tax

the costs against the complaining witness which shall be enforced as

judgments for costs in criminal cases, and execution may issue

therefor.
Okla. Stat. tit. 22, § 22-1175.2 — OK Code / Title 22 / Section 22-1175.2
Application for determination of competency - Service -
Status: in_force

Notice - Suspension of criminal proceedings.

A. No person shall be subject to any criminal procedures after

the person is determined to be incompetent except as provided in

Sections 1175.1 through 1175.8 of this title. The question of the

incompetency of a person may be raised by the person, the attorney

for the person whose competency is in question, or the district

attorney, by an application for determination of competency. The

application for determination of competency shall allege that the

person is incompetent to undergo further proceedings, and shall

state facts sufficient to raise a doubt as to the competency of the

person. The court, at any time, may initiate a competency

determination on its own motion, without an application, if the

court has a doubt as to the competency of the person.

If the court so initiates such an application, it may appoint

the district attorney for the purpose of proceeding with the

application. If the district attorney opposes the application of

the court, and by reason of a conflict of interest could not

represent the court as applicant, then the court shall appoint

private counsel. Said private counsel shall be reasonably

compensated by the court fund.

B. A copy of the application for determination of competency

and a notice, as hereinafter described, shall be served personally

at least one (1) day before the first hearing on the application for

a competency determination. The notice shall contain the following

information:

1. The definition provided by Section 1175.1 of this title of

competency and incompetency;

2. That, upon request, the hearing on the application may be

conducted as a jury trial as provided in Section 1175.4 of this

title;

3. That the petitioner and any witnesses identified in the

application may offer testimony under oath at the hearings on the

petition and that the defendant may not be called to testify against

the defendant’s will, unless the application is initiated by the

defendant;

4. That if the person whose competency is in question does not

have an attorney, the court will appoint an attorney for the person

who shall represent the person until final disposition of the case;

Oklahoma Statutes - Title 22. Criminal Procedure Page 458

5. That if the person whose competency is in question is

indigent or poor, the court will pay the attorney fees; and

6. That the person whose competency is in question shall be

afforded such other rights as are guaranteed by state and federal

law and that such rights include a trial by jury, if demanded. The

notice shall be served upon the person whose competency is in

question, upon the person’s father, mother, husband, or wife or, in

their absence, someone of the next of kin, of full age, if any said

persons are known to be residing within the county, and upon any of

said relatives residing outside of the county, and within the state,

as may be ordered by the court, and also upon the person with whom

the person whose competency is in question may reside, or at whose

house the person may be. The person making such service shall make

affidavit of the same and file such notice, with proof of service,

with the district court. This notice may be served in any part of

this state.

C. Any criminal proceedings against a person whose competency

is in question shall be suspended pending the determination of the

competency of the person.
Okla. Stat. tit. 22, § 22-162 — OK Code / Title 22 / Section 22-162
Who are magistrates
Status: in_force

The following persons are magistrates:

First. Justices of the Supreme Court.

Second. Judges of the Court of Criminal Appeals.

Third. Judges of the Court of Appeals.

Fourth. Judges of the district court, including associate

district judges and special judges.
Okla. Stat. tit. 22, § 22-991av3 — OK Code / Title 22 / Section 22-991av3
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,

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,

Oklahoma Statutes - Title 22. Criminal Procedure Page 605

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

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

Oklahoma Statutes - Title 22. Criminal Procedure Page 606

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's 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 Seventy-five Dollars ($75.00)

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

Oklahoma Statutes - Title 22. Criminal Procedure Page 607

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

Service Oklahoma. Upon the expiration of the period

for the restriction, Service Oklahoma 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 subparagraph shall be

deposited with the appropriate supervising authority.

Any willful violation of an order of the court for the

payment of the monitoring fee shall be a violation of

the sentence and may be punished as deemed proper by

the sentencing court. As used in this paragraph,

"electronic monitoring" means confinement of the

defendant within a specified location or locations

with supervision by means of an electronic device

approved by the Department of Corrections which is

designed to detect if the defendant is in the court-

ordered location at the required times and which

records violations for investigation by a qualified

supervisory agency or person,

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

or rehabilitation for any conditions, behaviors,

Oklahoma Statutes - Title 22. Criminal Procedure Page 608

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 or 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,

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,

Oklahoma Statutes - Title 22. Criminal Procedure Page 609

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. to prioritize payments for restitution to the victim,

ee. 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,

ff. 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

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,

Oklahoma Statutes - Title 22. Criminal Procedure Page 610

gg. 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,

hh. 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

Bogus Check Restitution Program, 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.

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 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 611

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's 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 the case of nonviolent felony offenses, sentence such

person to the Community Service Sentencing Program;

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

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

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

other intoxicating substance or a combination of alcohol or another

intoxicating substance, or convicted of operating a motor vehicle

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

due to the consumption of alcohol, require such person:

a. to participate in an alcohol and drug 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, and 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 program to offset the cost of participation by the

Oklahoma Statutes - Title 22. Criminal Procedure Page 612

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

Service Oklahoma. Upon the expiration of the period

for the restriction, Service Oklahoma shall remove the

restriction without further court order. Failure to

comply with the order to install an ignition interlock

device or operating any vehicle without such device

during the period of restriction shall be a violation

of the sentence and may be punished as deemed proper

by the sentencing court, or

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

monitored home detention administered and supervised

by the Department of Corrections, and to pay to the

Department a monitoring fee, not to exceed Seventy-

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

Corrections, if in the opinion of the court the

defendant has the ability to pay such fee. Any fees

collected pursuant to this subparagraph shall be

deposited in the Department of Corrections Revolving

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

monitoring fee, if willfully disobeyed, may be

enforced as an indirect contempt of court;

8. 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;

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

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

Oklahoma Statutes - Title 22. Criminal Procedure Page 613

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

require the defendant to undergo the treatment or participate in the

counseling services necessary to bring about the cessation of

domestic abuse against the victim. The defendant may be required to

pay all or part of the cost of the treatment or counseling services;

10. 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 defendant 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 ability of the defendant to pay;

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

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

a child, 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;

12. 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;

13. 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 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;

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 may

prohibit the person from accessing or using any Internet social

networking website 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;

Oklahoma Statutes - Title 22. Criminal Procedure Page 614

15. 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; or

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

and pursuant to the terms and conditions of a written plea

agreement, the court may prohibit the defendant from entering,

visiting or residing within the judicial district in which the

defendant was convicted until after completion of his or her

sentence; provided, however, the court shall ensure that the

defendant has access to those services or programs for which the

defendant is required to participate as a condition of probation.

When seeking to enter the prohibited judicial district for personal

business not related to his or her criminal case, the defendant

shall be required to obtain approval by the court.

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

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

Oklahoma Statutes - Title 22. Criminal Procedure Page 615

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 defendants being sentenced upon their third or subsequent

to their third conviction of a felony. Provided, the court may

waive these prohibitions upon written application of the district

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

the record of the case.

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

shall consider any victim impact statements if submitted to the

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

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

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

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

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

and subject to 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.

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

Oklahoma Statutes - Title 22. Criminal Procedure Page 616

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 this section shall be eligible to participate in a county

Program; provided, participation in county-funded Programs shall not

be limited to offenders who would otherwise be sentenced to

confinement with the Department of Corrections.

3. The 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 program conducted by

a corporation registered with the Secretary of State in Oklahoma for

the sole purpose of operating a victims impact panel program. The

program shall include live presentations from presenters who will

share personal stories with participants about how alcohol, drug

abuse, the operation of a motor vehicle while using an electronic

Oklahoma Statutes - Title 22. Criminal Procedure Page 617

communication device or the illegal conduct of others has personally

impacted the lives of the presenters. 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, operating a motor vehicle while the ability of the person

to operate such vehicle was impaired due to the consumption of

alcohol or any other substance or operating a motor vehicle while

using an electronic device or by persons who have been convicted of

furnishing alcoholic beverage to persons under twenty-one (21) years

of age, as provided in Sections 6-101 and 6-120 of Title 37A of the

Oklahoma Statutes. Persons attending a victims impact panel program

shall be required to pay a fee of Seventy-five Dollars ($75.00) 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. The certificate

of completion shall contain the business identification number of

the program provider. A certified assessment agency, certified

assessor or provider of an alcohol and drug substance abuse course

shall be prohibited from providing a victims impact panel program

and shall further be prohibited from having any proprietary or

pecuniary interest in a victims impact panel program. The provider

of the victims impact panel program shall carry general liability

insurance and maintain an accurate accounting of all business

transactions and funds received in relation to the victims impact

panel program. Beginning October 1, 2020, and each October 1

thereafter, the provider of the victims impact panel program shall

provide to the District Attorneys Council the following:

a. proof of registration with the Oklahoma Secretary of

State,

b. proof of general liability insurance,

c. end-of-year financial statements prepared by a

certified public accountant,

d. a copy of federal income tax returns filed with the

Internal Revenue Service,

e. a registration fee of One Thousand Dollars

($1,000.00). The registration fee shall be deposited

in the District Attorneys Council Revolving Fund

created in Section 215.28 of Title 19 of the Oklahoma

Statutes, and

f. a statement certifying that the provider of the

victims impact panel program has complied with all of

the requirements set forth in this paragraph.

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

Oklahoma Statutes - Title 22. Criminal Procedure Page 618

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 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, 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

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 DNA 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.

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.

Oklahoma Statutes - Title 22. Criminal Procedure Page 619

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, § 22-996.1 — OK Code / Title 22 / Section 22-996.1
Definitions
Status: in_force

As used in the Delayed Sentencing Program for Young Adults:

"Offender" means any adult eighteen (18) through twenty-five

(25) years of age as of the date of a verdict of guilty or a plea of

guilty or nolo contendere for a nonviolent felony offense or a

juvenile who has been certified to stand trial as an adult for a

nonviolent felony offense, who has no charges pending for a violent

Oklahoma Statutes - Title 22. Criminal Procedure Page 348

offense and who has not been sentenced, or adjudicated as a juvenile

delinquent or youthful offender, of:

1. Assault, battery, or assault and battery with a dangerous or

deadly weapon as defined by Sections 645 and subsection C of 652 of

Title 21 of the Oklahoma Statutes, or Section 2-219 of Title 43A of

the Oklahoma Statutes;

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

highway patrolman, or any other officer of the law as defined by

Sections 650, subsection C of 650.2, 650.5, subsection B of 650.6,

or subsection C of 650.7 of Title 21 of the Oklahoma Statutes;

3. Poisoning with intent to kill as defined by Section 651 of

Title 21 of the Oklahoma Statutes;

4. Shooting with intent to kill as defined by Section 652 of

Title 21 of the Oklahoma Statutes;

5. Assault with intent to kill as defined by Section 653 of

Title 21 of the Oklahoma Statutes;

6. Using a vehicle to facilitate the intentional discharge of

any kind of firearm in violation of Section 652 of Title 21 of the

Oklahoma Statutes;

7. Discharging any firearm or other deadly weapon at or into

any dwelling as defined in Section 1289.17A of Title 21 of the

Oklahoma Statutes;

8. Assault with intent to commit a felony as defined by Section

681 of Title 21 of the Oklahoma Statutes;

9. Assaults while masked or disguised as defined by Section

1303 of Title 21 of the Oklahoma Statutes;

10. Murder in the first degree as defined by Section 701.7 of

Title 21 of the Oklahoma Statutes;

11. Murder in the second degree as defined by Section 701.8 of

Title 21 of the Oklahoma Statutes;

12. Manslaughter in the first degree as defined by Sections 711

or 712 of Title 21 of the Oklahoma Statutes;

13. Manslaughter in the second degree as defined by Sections

716 or 717 of Title 21 of the Oklahoma Statutes;

14. Kidnapping as defined by Section 741 of Title 21 of the

Oklahoma Statutes;

15. Burglary in the first degree as defined by Section 1431 of

Title 21 of the Oklahoma Statutes;

16. Kidnapping for extortion as defined by Section 745 of Title

21 of the Oklahoma Statutes;

17. Maiming as defined by Section 751 of Title 21 of the

Oklahoma Statutes;

18. Robbery as defined by Section 791 of Title 21 of the

Oklahoma Statutes;

19. Robbery in the first degree as defined by Section 797 of

Title 21 of the Oklahoma Statutes;

Oklahoma Statutes - Title 22. Criminal Procedure Page 349

20. Robbery in the second degree as defined by Section 797 of

Title 21 of the Oklahoma Statutes;

21. Armed robbery as defined by Section 801 of Title 21 of the

Oklahoma Statutes;

22. Robbery by two (2) or more persons as defined by Section

800 of Title 21 of the Oklahoma Statutes;

23. Robbery with dangerous weapon or imitation firearm as

defined by Section 801 of Title 21 of the Oklahoma Statutes;

24. Any crime against a child provided for in Section 843.5 of

Title 21 of the Oklahoma Statutes;

25. Wiring equipment, vehicle or structure with explosives as

defined by Section 849 of Title 21 of the Oklahoma Statutes;

26. Forcible sodomy as defined by Section 888 of Title 21 of

the Oklahoma Statutes;

27. Rape in the first degree as defined by Sections 1111 and

1114 of Title 21 of the Oklahoma Statutes;

28. Rape by instrumentation as defined by Section 1111.1 of

Title 21 of the Oklahoma Statutes;

29. Lewd or indecent proposition or lewd or indecent act with a

child as defined by Section 1123 of Title 21 of the Oklahoma

Statutes;

30. Use of a firearm or offensive weapon to commit or attempt

to commit a felony as defined by Section 1287 of Title 21 of the

Oklahoma Statutes;

31. Pointing firearms as defined by Section 1289.16 of Title 21

of the Oklahoma Statutes;

32. Rioting as defined by Sections 1311 or 1321.8 of Title 21

of the Oklahoma Statutes;

33. Inciting to riot as defined by Section 1320.2 of Title 21

of the Oklahoma Statutes;

34. Arson in the first degree as defined by Section 1401 of

Title 21 of the Oklahoma Statutes;

35. Endangering human life during arson as defined by Section

1405 of Title 21 of the Oklahoma Statutes;

36. Procure, produce, distribute, or possess child sexual abuse

material as defined by Section 1021.2 of Title 21 of the Oklahoma

Statutes;

37. Parental consent to child sexual abuse material as defined

by Section 1021.3 of Title 21 of the Oklahoma Statutes;

38. Distributing obscene material or child sexual abuse

material as defined by Section 1040.13 of Title 21 of the Oklahoma

Statutes;

39. Unlawful manufacturing, attempting to unlawfully

manufacture or aggravated manufacturing of any controlled dangerous

substance as defined by subsection G of Section 2-401 and paragraph

3 of subsection G of Section 2-401 of Title 63 of the Oklahoma

Statutes; or

Oklahoma Statutes - Title 22. Criminal Procedure Page 350

40. Any violation of the Trafficking in Illegal Drugs Act as

defined by Section 2-415 of Title 63 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-1089.3 — OK Code / Title 22 / Section 22-1089.3
Waiver of right to appeal
Status: in_force

In the event the state does not file the application to appeal

as provided in Section 2 of this act, the state shall have waived

any right to appeal from the magistrate's adverse decision. The

magistrate's order shall then be final.
Okla. Stat. tit. 22, § 22-651 — OK Code / Title 22 / Section 22-651
Defendant to be informed of right to challenge
Status: in_force

When twelve men are called as jurors, the defendant must be

informed by the court or under its direction, of his right to

challenge the jurors, and that he must do so before the jury is

sworn to try the cause.
Okla. Stat. tit. 22, § 22-1102 — OK Code / Title 22 / Section 22-1102
Bail when crime is punishable by death
Status: in_force

Bail, by sufficient sureties, may be admitted upon all arrests

in criminal cases where the punishment may be death, unless the

proof is evident or the presumption great; and in such cases it

shall be taken only by the Criminal Court of Appeals or a district

or superior court, or by a justice or judge thereof, who shall

exercise their discretion therein, having regard to the nature and

circumstances of the offense, and of the evidence and to the usages

of law; but if the case has been tried by jury, and the jury have

disagreed on their verdict, then the above presumption is removed,

and the defendant shall thereupon be entitled to bail, unless it

shall appear to the court or judge thereof, by due proof, that such

disagreement was occasioned by the misconduct of the jury.
Okla. Stat. tit. 22, § 22-771 — OK Code / Title 22 / Section 22-771
Prisoner, deposition of - Oath
Status: in_force

When a material witness for a defendant under a criminal charge

is a prisoner in a state prison or in a county jail of a county

other than that in which the defendant is to be tried, his

deposition may be taken on behalf of the defendant in the manner

provided for in the case of a witness who is sick; and the foregoing

provisions of this article, so far as they are applicable, govern in

the application for, and in the taking and use of such depositions,

such deposition may be taken before any magistrate or notary public

of the county in which the jail or prison is situated; or in case

the witness is confined in a state prison, and the defendant is

unable to pay for taking the deposition, before the warden or clerk

of the board of control of the prison, whose duty it shall be to act

without compensation. Every officer before whom testimony shall be

taken by virtue hereof, shall have authority to administer, and

Oklahoma Statutes - Title 22. Criminal Procedure Page 239

shall administer an oath to the witness, that his testimony shall be

the truth, the whole truth and nothing but the truth.
Okla. Stat. tit. 22, § 22-60.22 — OK Code / Title 22 / Section 22-60.22
Definitions
Status: in_force

As used in the Uniform Interstate Enforcement of Domestic

Violence Protection Orders Act:

1. “Foreign protection order” means a protection order issued

by a tribunal of another state;

2. “Issuing state” means the state whose tribunal issues a

protection order;

3. “Mutual foreign protection order” means a foreign protection

order that includes provisions in favor of both the protected

individual seeking enforcement of the order and the respondent;

4. “Protected individual” means an individual protected by a

protection order;

5. “Protection order” means an injunction or other order,

issued by a tribunal under the domestic violence, family violence,

or anti-stalking laws of the issuing state, to prevent an individual

from engaging in violent or threatening acts against, harassment of,

contact or communication with, or physical proximity to, another

individual;

6. “Respondent” means the individual against whom enforcement

of a protection order is sought;

Oklahoma Statutes - Title 22. Criminal Procedure Page 107

7. “State” means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States. The term includes an Indian tribe or band that has

jurisdiction to issue protection orders; and

8. “Tribunal” means a court, agency, or other entity authorized

by law to issue or modify a protection order.
Okla. Stat. tit. 22, § 22-1225 — OK Code / Title 22 / Section 22-1225
Requisites of search warrant - Issuing magistrate
Status: in_force

A. If a magistrate is satisfied of the existence of grounds of

the application, or that there is probable cause to believe their

existence, the magistrate shall issue a search warrant, signed by

the magistrate with the name of office, to a peace officer of this

state, commanding the officer to search the person or place named,

for the property or person specified, and to bring it before the

magistrate, and also to arrest the person in whose possession the

property may be found, to be dealt with according to law.

B. In addition to any other procedure authorized by law, a

proposed search warrant, affidavit or both search warrant and

affidavit may be communicated to the magistrate by telephone or by

electronic mail or any similar electronic communication which

delivers a complete printable image of the warrant or affidavit.

1. If the proposed search warrant is communicated

telephonically, the affiant shall:

a. recite information establishing probable cause to

support issuance of the search warrant, and

b. recite the proposed search warrant to the magistrate

verbatim and obtain the oral permission of the

magistrate to print the name of the magistrate on the

search warrant along with the date and time of the

signature.

The oral recorded authorization of the magistrate to print the

name of the magistrate on the search warrant shall constitute

issuance of the search warrant under this section. The conversation

establishing probable cause, reciting the contents of the search

warrant verbatim and any authorization to sign by the magistrate,

shall be audio-recorded, transcribed and filed together with the

warrant in accordance with Section 1223.1 of this title.

2. If communication of the proposed affidavit is made by

electronic mail or other electronic communication, the affidavit may

contain a notarized acknowledgement or the affiant may swear to the

affidavit by telephone. A magistrate administering an oath

telephonically shall endorse upon the face of the affidavit the date

and time which the affiant undertook the oath by telephone.

a. A warrant may be issued by the magistrate pursuant to

this subsection by physically signing a printed copy

of the affidavit and proposed warrant and transmitting

such documents back to the affiant by electronic mail

or other electronic communication. The printed copy

received by the affiant shall constitute a search

warrant and be executed as such. After execution, the

search warrant shall be filed along with the printed

Oklahoma Statutes - Title 22. Criminal Procedure Page 478

copy of the affidavit received by the affiant, as

provided for in Section 1233 of this title.

b. A magistrate may also issue a warrant pursuant to this

paragraph without printing and signing a physical copy

of the affidavit and warrant by return electronic

communication to the affiant authorizing issuance of

the warrant as submitted, or as modified by the

magistrate, provided a copy of the modified document

is included with the return electronic communication

to the affiant.

C. A search warrant authorized by this section may be issued by

any magistrate for a search of a person or property within the

judicial district in which the magistrate presides or outside the

judicial district if there was probable cause to believe the

property was within the judicial district when the warrant was

sought, but moved outside the judicial district before the warrant

was executed.

R.L. 1910, § 6063. Amended by Laws 1982, c. 224, § 2; Laws 1990, c.

290, § 1, eff. Sept. 1, 1990; Laws 2014, c. 75, § 2, eff. Nov. 1,

2014; Laws 2024, c. 39, § 3, eff. Nov. 1, 2024.
Okla. Stat. tit. 22, § 22-361 — OK Code / Title 22 / Section 22-361
Foreman
Status: in_force

From the persons selected to serve as multicounty grand jurors,

the court shall appoint a foreman. The court shall also appoint a

foreman when a person already appointed is discharged or excused

before the multicounty grand jury is dismissed.
Okla. Stat. tit. 22, § 22-730 — OK Code / Title 22 / Section 22-730
Certificate from another state to compel witness to appear
Status: in_force

and testify - Notice, order and hearings.

A. A judge of a state court of record in another state, which

by its laws has made provision for commanding persons confined in

penal institutions within that state to attend and testify in this

state, may certify as follows:

1. There is a criminal proceeding or investigation by a grand

jury or other criminal proceeding pending in the court;

2. A person who is confined in a penal institution in this

state may be a material witness in the proceeding; and

3. His presence will be required during a specified time.

B. Upon presentation of the certificate to any judge having

jurisdiction over the person confined and on notice to the attorney

general, the judge in this state shall:

1. Fix a time and place for a hearing; and

2. Enter an order directing the person having custody of the

prisoner to produce the prisoner at the hearing.
Okla. Stat. tit. 22, § 22-1231 — OK Code / Title 22 / Section 22-1231
Search warrant void after ten days – Forensic,
Status: in_force

scientific, or digital analysis exception.

A search warrant must be executed and returned to the magistrate

by whom it is issued within ten (10) days. After the expiration of

these times respectively, the warrant, unless executed, is void.

Provided, if the search warrant authorizes a forensic, scientific or

digital analysis of items or samples already in the custody of law

enforcement, the search shall be commenced within a reasonable time

and the return shall be made within ten (10) days following the

completion of said search.

R.L. 1910, § 6069. Amended by Laws 2014, c. 75, § 3, eff. Nov. 1,

2014.
Okla. Stat. tit. 22, § 22-660 — OK Code / Title 22 / Section 22-660
Implied bias, challenge for
Status: in_force

A challenge for implied bias may be taken for all or any of the

following cases, and for no other:

1. Consanguinity or affinity within the fourth degree,

inclusive, to the person alleged to be injured by the offense

charged or on whose complaint the prosecution was instituted, or to

the defendant.

2. Standing in the relation of guardian and ward, attorney and

client, master and servant, or landlord and tenant, or being a

member of the family of the defendant, or of the person alleged to

be injured by the offense charged, or on whose complaint the

prosecution was instituted, or in his employment on wages.

3. Being a party adverse to the defendant in a civil action, or

having complained against, or been accused by him in a criminal

prosecution.

4. Having served on the grand jury which found the indictment,

or on a coroner's jury which inquired into the death of a person

whose death is the subject of the prosecution.

5. Having served on a trial jury which has tried another person

for the offense charged in the indictment or information.

6. Having been one of the jury formerly sworn to try the

indictment or information and whose verdict was set aside, or which

was discharged without a verdict, after the cause was submitted to

it.

Oklahoma Statutes - Title 22. Criminal Procedure Page 218

7. Having served as a juror in a civil action brought against

the defendant for the act charged as an offense.

8. If the offense charged be punishable with death, the

entertaining of such conscientious opinions as would preclude his

finding the defendant guilty of, in which case he shall neither be

permitted nor compelled to serve as a juror.
Okla. Stat. tit. 22, § 22-438 — OK Code / Title 22 / Section 22-438
Trial of two or more indictments or informations
Status: in_force

The court may order two or more indictments or informations or

both to be tried together if the offenses and the defendants, if

there is more than one, could have been joined in a single

indictment or information. The procedure shall be the same as if

the prosecution was under such single indictment or information.
Okla. Stat. tit. 22, § 22-652 — OK Code / Title 22 / Section 22-652
Classes of challenge to individual
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 216

A challenge to an individual juror is either:

First, Peremptory; or,

Second, For cause.
Okla. Stat. tit. 22, § 22-125 — OK Code / Title 22 / Section 22-125
Offense committed near boundary of county
Status: in_force

When a public offense is committed on the boundary of two or

more counties, or within five hundred (500) yards thereof, the

jurisdiction is in either county.
Okla. Stat. tit. 22, § 22-194 — OK Code / Title 22 / Section 22-194
Officer may break open door or window, when
Status: in_force

The officer may break open an outer or inner door or window of a

dwelling house, to execute the warrant, if, after notice of his

authority and purpose, he be refused admittance.
Okla. Stat. tit. 22, § 22-1355.8 — OK Code / Title 22 / Section 22-1355.8
Award of contracts - Compensation - Appointment of
Status: in_force

attorneys for indigents not entitled to representation by the

System.

A. In addition to the methods of providing counsel set out in

subsections C and D of Section 1355.6 of this title, the Board shall

have the authority to award contracts to provide noncapital trial

representation to indigent criminal defendants and indigent

juveniles in cases for which the System must provide representation,

including, but not limited to, renewing any existing contract or

contracts for the next fiscal year or soliciting new offers to

contract, whichever the Board determines to be in the best interests

of the state, the System and the clients represented by the System.

Any such contract shall be awarded at such time as the Board may

deem necessary.

Oklahoma Statutes - Title 22. Criminal Procedure Page 516

B. For those counties in which a prior fiscal year contract is

not renewed for the succeeding fiscal year or in which the Board

elects to solicit new offers to contract, the Executive Director

shall cause notice to be published in the Oklahoma Bar Journal that

offers to contract will be accepted to provide indigent noncapital

trial services. The notice required by this subsection shall

include the following:

1. The date, time and place where offers to contract will be

opened;

2. The qualifications required of those desiring to make an

offer to contract;

3. The period covered by the contract; and

4. A general description of the services required.

C. Only members in good standing of the Oklahoma Bar

Association shall be eligible to submit offers to contract pursuant

to this section. In addition, all offers to contract must be

accompanied by a written statement of the manner in which

representation shall be made available as needed.

D. 1. The Board shall accept the best offer or offers, as

determined by the Board, from a qualified attorney or attorneys. In

determining whether an offer is the best offer, the Board shall take

into consideration, among other factors, the following:

a. whether the attorney or attorneys submitting the offer

maintain an office within that county,

b. whether any such office is the attorney's primary

office,

c. whether the attorney or attorneys submitting the offer

have been awarded a contract in another county,

d. whether sufficient attorneys are included in the offer

to competently address the number of cases to be

covered under the contract, and

e. the accessibility of the attorney or attorneys to the

clients to be served if the Board awards a contract on

the basis of the offer.

2. The System shall maintain an original of each offer to

contract.

3. Every contract awarded pursuant to the provisions of this

subsection which is signed by more than one attorney shall provide

that every attorney signing such contract shall be jointly and

severally liable for the full performance of all services to be

delivered pursuant to such contract.

4. Every contract awarded pursuant to the provisions of this

subsection shall provide that every attorney who will be performing

services pursuant to the contract shall carry professional liability

insurance in an amount satisfactory to the Board. No contract shall

be effective until proof of such insurance is provided to the

System.

Oklahoma Statutes - Title 22. Criminal Procedure Page 517

5. In the event that only one qualified offer is received, the

Board may accept the offer, make one or more counteroffers,

readvertise or provide representation as otherwise authorized by the

Indigent Defense Act. In the event that more than one qualified

offer is received for a county or counties, the Board may accept one

or more of the offers, make one or more counteroffers to one or more

of the offers received, readvertise if the Board determines that

awarding a contract or contracts on the offers received would not be

in the best interest of the System or the clients represented by the

System, or provide representation as otherwise authorized by the

Indigent Defense Act. For purposes of discussing negotiating

strategies in connection with making one or more counteroffers to

one or more offers received, the Board may hold one or more

executive sessions as necessary; provided, that any vote or action

on offers received and counteroffers made, if any, shall be taken in

public meeting with the vote of each member publicly cast and

recorded.

6. In the event that no qualified offers to contract are

received, the Board may readvertise or direct the Executive Director

to assign cases from the relevant counties to private attorneys

selected from a list of qualified attorneys who have agreed to

accept assignments of such cases, who have provided proof of

professional liability insurance coverage, and who meet the

qualifications established by the System for such assignments.

Compensation for such attorneys shall be as provided in subsection F

of this section.

7. In the event that no qualified offers are received, and in

lieu of assigning cases to private attorneys whose names are on a

list of qualified attorneys pursuant to paragraph 6 of this

subsection, the Board may, pursuant to subsection D of Section

1355.6 or Section 1355.9 of this title, provide for representation

for indigent criminal defendants and indigent juveniles by attorneys

employed by the System.

8. In no event shall an attorney, who has not voluntarily

agreed to provide representation to indigent criminal defendants and

indigent juveniles, be appointed to represent an indigent person.

E. If a fiscal year contract is terminated before the end of

the fiscal year, the Executive Director shall not be required to

solicit offers to contract, but may instead award one or more

replacement contracts for the affected county or counties to a

qualified attorney or attorneys to represent persons in cases for

which the System is obligated to provide counsel, provided that such

replacement contract or contracts shall not be renewable for the

next fiscal year.

F. 1. Except as provided in paragraph 3 of this subsection,

total compensation for a case which is not covered by a fiscal year

noncapital trial contract awarded or renewed pursuant to subsection

Oklahoma Statutes - Title 22. Criminal Procedure Page 518

A of this section shall not exceed Eight Hundred Dollars ($800.00)

in the following cases:

a. juvenile delinquency proceedings, adult certification

proceedings, reverse certification proceedings and

appeals, youthful offender proceedings, and any other

proceedings and appeals, pursuant to the Oklahoma

Juvenile Code in which the System is required to

provide representation pursuant to subsection A of

Section 1355.6 of this title,

b. traffic cases punishable by incarceration, and

c. misdemeanor cases.

2. Except as provided in paragraph 3 of this subsection, total

compensation for a case which is not covered by a fiscal year

noncapital trial contract awarded pursuant to this section shall not

exceed Three Thousand Five Hundred Dollars ($3,500.00) in felony

cases.

3. The maximum statutory fees established in this subsection

may be exceeded only upon a determination made by the Executive

Director and approved by the Board that the case is an exceptional

one which requires an extraordinary amount of time to litigate, and

that the request for extraordinary attorney fees is reasonable.

G. 1. Attorneys paid for indigent defense pursuant to a fiscal

year noncapital trial contract awarded or renewed pursuant to this

section shall be paid an annual fee in twelve monthly installments

each equaling seven and one-half percent (7.5%) of the total value

of the contract, or as otherwise provided by contract.

2. Attorneys paid for indigent defense pursuant to paragraph 1

of this subsection shall receive the balance of ten percent (10%) of

the total value of the contract upon completion of all felony and

misdemeanor matters covered by the contract. A matter is completed

for purposes of this paragraph when no additional services are

required under the contract. The Board, upon recommendation of the

Executive Director, may, however, authorize partial payments on a

quarterly basis of the amount retained as reasonable compensation

for those matters which were completed during the prior quarter.

The system may transfer the amount retained from the total value of

the contract pursuant to this subsection to the Contract Retention

Revolving Fund created by Section 1369 of this title.

H. To receive payment in a case assigned pursuant to subsection

C of Section 1355.6 of this title, an attorney must submit a claim

in accordance with the provisions of the Indigent Defense Act.

I. Attorneys providing services pursuant to a contract with the

System, shall provide periodic status reports on all such cases, as

often as deemed necessary by the System.

J. Any attorney providing services pursuant to a contract with

the System shall continue to provide representation at the trial

level in each case assigned to the attorney during the contract

Oklahoma Statutes - Title 22. Criminal Procedure Page 519

period until the trial court ceases to retain jurisdiction;

provided, the court shall allow an attorney to withdraw from a case

only after the attorney has made proper application to withdraw from

the case and the application has been approved by the Executive

Director.

K. In all cases in which legal representation by the Oklahoma

Indigent Defense System is not authorized by other provisions of the

Indigent Defense Act and in which indigents are entitled to legal

representation by the Constitution and laws of this state, the court

shall appoint legal representation, from a list of qualified

volunteer attorneys who provide proof of professional liability

insurance coverage, and direct to be paid from the local court fund

a reasonable and just compensation not to exceed Eight Hundred

Dollars ($800.00) to the attorney or attorneys for services as they

may render. The compensation limit may be exceeded if the court

finds that the case required an extraordinary amount of time to

litigate.
Okla. Stat. tit. 22, § 22-633 — OK Code / Title 22 / Section 22-633
Causes for challenge to panel
Status: in_force

A. A challenge to the panel can be founded only on a material

departure from the forms prescribed by law, in respect to the

drawing and return of the jury, or on the intentional omission of

the sheriff to summon one or more of the jurors drawn from which the

defendant has suffered material prejudice.

B. In any district court where an electronic jury management

system is implemented pursuant to Section 13 of this act, jurors may

be selected and summoned utilizing the automated functionality

provided in the jury management system. Use of an electronic jury

management system shall not be grounds for a challenge to a panel

based on a material departure or irregularity. Whenever the court

utilizes the approved jury management system to randomly select and

sequentially order juror names during any step in the jury selection

process, the laws relating to the use of a jury wheel, and laws

requiring paper ballots drawn from a jury wheel or a shaken box,

shall not apply, including but not limited to those requirements set

forth in Sections 301 through 363 and Sections 591 through 693 of

this title.

R.L. 1910, § 5842. Amended by Laws 2015, c. 242, § 4, emerg. eff.

May 4, 2015.
Okla. Stat. tit. 22, § 22-725 — OK Code / Title 22 / Section 22-725
Uniformity of interpretation
Status: in_force

This act shall be so interpreted and construed as to effectuate

its general purpose to make uniform the law of the states which

enact it.
Okla. Stat. tit. 22, § 22-704 — OK Code / Title 22 / Section 22-704
Magistrate may issue subpoena
Status: in_force

A magistrate before whom complaint is laid, or to whom a

presentment of a grand jury or information is sent, may issue

subpoenas, subscribed by him, for witnesses within the state, either

on behalf of the state or of the defendant.
Okla. Stat. tit. 22, § 22-445 — OK Code / Title 22 / Section 22-445
Transfer to county of proper venue
Status: in_force

In all criminal cases pending in any county where the venue

properly lies in another county, the court may, upon motion of the

county attorney, or upon its own motion, transfer such cause to the

county of proper venue; such transfer, in all respects, shall be

made in the manner provided by law.
Okla. Stat. tit. 22, § 22-1373.4 — OK Code / Title 22 / Section 22-1373.4
Hearing - Testing
Status: in_force

A. After the motion requesting forensic DNA testing and

subsequent response have been filed, the sentencing court shall hold

a hearing to determine whether DNA forensic testing will be ordered.

A court shall order DNA testing only if the court finds:

1. A reasonable probability that the petitioner would not have

been convicted if favorable results had been obtained through DNA

testing at the time of the original prosecution;

2. The request for DNA testing is made to demonstrate the

innocence of the convicted person and is not made to unreasonably

delay the execution of the sentence or the administration of

justice;

3. One or more of the items of evidence the convicted person

seeks to have tested still exists;

4. The evidence to be tested was secured in relation to the

challenged conviction and either was not previously subject to DNA

testing or, if previously tested for DNA, the evidence can be

subjected to additional DNA testing that will provide a reasonable

likelihood of more probative results; and

5. The chain of custody of the evidence to be tested is

sufficient to establish that the evidence has not been substituted,

tampered with, replaced or altered in any material respect or, if

Oklahoma Statutes - Title 22. Criminal Procedure Page 533

the chain of custody does not establish the integrity of the

evidence, the testing itself has the potential to establish the

integrity of the evidence. For purposes of this act, evidence that

has been in the custody of law enforcement, other government

officials or a public or private hospital shall be presumed to

satisfy the chain-of-custody requirement of this subsection absent

specific evidence of material tampering, replacement or alteration.

B. If at the close of the hearing the court orders DNA forensic

testing to be conducted, the court by written order shall require

the attorney representing the state to effect the transfer of the

item or items of evidence to be tested along with any documents,

logs or reports relating to the items of evidence collected in

connection with the criminal case to the designated laboratory or

laboratories within thirty (30) days of the order. In addition, the

court shall require the attorney representing the state to assist

the petitioner in locating any evidence the state contends was lost,

destroyed or in the possession of any other governmental entity,

public or private hospital, laboratory or other facility.

C. If the attorney representing the state or the petitioner

previously conducted any DNA analysis or other biological-evidence

testing without the knowledge of the other party, such testing shall

be revealed in the motion requesting forensic DNA testing or

response.

D. The court may order DNA testing to be performed by the

Oklahoma State Bureau of Investigation (OSBI), an accredited

laboratory operating under contract with the OSBI or another

accredited laboratory, as defined in Section 150.37 of Title 74 of

the Oklahoma Statutes. If the OSBI or an accredited laboratory

under contract with the OSBI conducts the testing, the state shall

bear the costs of the testing. If another laboratory conducts the

testing because neither the OSBI nor an accredited laboratory under

contract with the OSBI has the ability or the resources to conduct

the type of DNA testing to be performed, or if an accredited

laboratory that is neither the OSBI nor under contract with the OSBI

is chosen for some other reason, then the court shall require the

petitioner to pay for the testing.

E. The results of any postconviction DNA testing conducted

under the provisions of this act, including any laboratory reports

prepared in connection with the testing, the underlying data or

other laboratory documents, shall be disclosed to the petitioner,

the attorney for the state and the court.

F. If an accredited laboratory other than the OSBI or one under

contract with the OSBI performs the DNA testing, the court shall

impose reasonable conditions on the testing of the evidence to

protect the interests of the parties in the integrity of the

evidence and testing process and to preserve the evidence to the

greatest extent possible.

Oklahoma Statutes - Title 22. Criminal Procedure Page 534
Okla. Stat. tit. 22, § 22-60.16 — OK Code / Title 22 / Section 22-60.16
Domestic abuse victims not to be discouraged from
Status: in_force

pressing charges - Warrantless arrests of certain persons -

Emergency temporary order of protection.

A. A peace officer shall not discourage a victim of domestic

abuse from pressing charges against the assailant of the victim.

B. 1. A peace officer may arrest without a warrant a person

anywhere, including a place of residence, if the peace officer has

probable cause to believe the person within the preceding seventy-

two (72) hours has committed an act of domestic abuse as defined by

Section 60.1 of this title, although the assault did not take place

in the presence of the peace officer. A peace officer may not

arrest a person pursuant to this section without first observing a

recent physical injury to, or an impairment of the physical

condition of, the alleged victim.

Oklahoma Statutes - Title 22. Criminal Procedure Page 101

2. An arrest, when made pursuant to this section, shall be

based on an investigation by the peace officer of the circumstances

surrounding the incident, past history of violence between the

parties, statements of any children present in the residence, and

any other relevant factors. A determination by the peace officer

shall be made pursuant to the investigation as to which party is the

dominant aggressor in the situation. A peace officer may arrest the

dominant aggressor.

C. When the court is not open for business, the victim of

domestic abuse may request a petition for an emergency temporary

order of protection. The peace officer making the preliminary

investigation shall:

1. Provide the victim with a petition for an emergency

temporary order of protection and, if necessary, assist the victim

in completing the petition form. The petition shall be in

substantially the same form as provided by Section 60.2 of this

title for a petition for protective order;

2. Immediately notify, by telephone or otherwise, a judge of

the district court of the request for an emergency temporary order

of protection and describe the circumstances. The judge shall

inform the peace officer of the decision to approve or disapprove

the emergency temporary order;

3. Inform the victim whether the judge has approved or

disapproved the emergency temporary order. If an emergency

temporary order has been approved, the officer shall provide the

victim, or a responsible adult if the victim is a minor child or an

incompetent person, with a copy of the petition and a written

statement signed by the officer attesting that the judge has

approved the emergency temporary order of protection and notify the

victim that the emergency temporary order shall be effective until

the date of the hearing set by the judge. The peace officer

requesting the order shall be notified by the judge of the date,

time, and courtroom location in which the hearing will be held. The

peace officer shall provide the victim and subject of the order with

a copy of the completed order and return the original order to the

district court;

4. Notify the person subject to the emergency temporary

protection order of the issuance and conditions of the order.

Notification pursuant to this paragraph may be made personally by

the officer or in writing. A copy of the petition and the statement

of the officer attesting to the order of the judge shall be made

available to such person; and

5. File a copy of the petition and the statement of the peace

officer with the district court of the county immediately upon the

opening of the court on the next day the court is open for business.

The peace officer shall make every attempt to serve the subject of

the order and complete a return of service when filing the petition

Oklahoma Statutes - Title 22. Criminal Procedure Page 102

with the district court. If the peace officer is unable to obtain

service, the petition shall be filed by a peace officer with the

district court on the next business day. The court clerk shall

receive the petition upon delivery by the peace officer and document

the hearing date and time assigned to the case as documented by the

peace officer. If the court clerk observes that service has not

been obtained, the petition shall still be filed by the court clerk

and issued to the appropriate office of the county sheriff to obtain

service with priority.

D. The forms utilized by law enforcement agencies in carrying

out the provisions of this section may be substantially similar to

those used under Section 60.2 of this title.
Okla. Stat. tit. 22, § 22-784 — OK Code / Title 22 / Section 22-784
Notice of application
Status: in_force

The application may be made to the court or judge himself, and

must be upon five (5) days' notice to the district attorney.
Okla. Stat. tit. 22, § 22-515 — OK Code / Title 22 / Section 22-515
Form of plea
Status: in_force

The plea must be entered in substantially the following form:

1. If the defendant plead guilty:

The defendant pleads that he is guilty of the offense charged in

this indictment or information.

2. If he plead not guilty:

The defendant pleads that he is not guilty of the offense

charged in this indictment or information.

3. If he plead a former conviction or acquittal:

The defendant pleads that he has already been convicted (or

acquitted, as the case may be), of the offense charged in this

Oklahoma Statutes - Title 22. Criminal Procedure Page 205
Okla. Stat. tit. 22, § 22-18v1 — OK Code / Title 22 / Section 22-18v1
Expungement of records - Persons authorized
Status: in_force

A. Persons authorized to file a motion for expungement, as

provided herein, must be within one of the following categories:

1. The person has been acquitted;

2. The conviction was reversed with instructions to dismiss by

an appellate court of competent jurisdiction, or an appellate court

of competent jurisdiction reversed the conviction and the

prosecuting agency subsequently dismissed the charge;

3. The factual innocence of the person was established by the

use of deoxyribonucleic acid (DNA) evidence subsequent to

Oklahoma Statutes - Title 22. Criminal Procedure Page 30

conviction, including a person who has been released from prison at

the time innocence was established;

4. The person has received a full pardon by the Governor for

the crime for which the person was sentenced;

5. The person was arrested and no charges of any type,

including charges for an offense different than that for which the

person was originally arrested, are filed and the statute of

limitations has expired or the prosecuting agency has declined to

file charges;

6. The person was under eighteen (18) years of age at the time

the offense was committed and the person has received a full pardon

for the offense;

7. The person was charged with one or more misdemeanor or

felony crimes, all charges have been dismissed, the person has never

been convicted of a felony, no misdemeanor or felony charges are

pending against the person and the statute of limitations for

refiling the charge or charges has expired or the prosecuting agency

confirms that the charge or charges will not be refiled; provided,

however, this category shall not apply to charges that have been

dismissed following the completion of a deferred judgment or delayed

sentence;

8. The person was charged with a misdemeanor, the charge was

dismissed following the successful completion of a deferred judgment

or delayed sentence, the person has never been convicted of a

felony, no misdemeanor or felony charges are pending against the

person and at least one (1) year has passed since the charge was

dismissed;

9. The person was charged with a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes, the

charge was dismissed following the successful completion of a

deferred judgment or delayed sentence, the person has never been

convicted of a felony, no misdemeanor or felony charges are pending

against the person and at least five (5) years have passed since the

charge was dismissed;

10. The person was convicted of a misdemeanor offense, the

person was sentenced to a fine of less than Five Hundred One Dollars

($501.00) without a term of imprisonment or a suspended sentence,

the fine has been paid or satisfied by time served in lieu of the

fine, the person has not been convicted of a felony and no felony or

misdemeanor charges are pending against the person;

11. The person was convicted of a misdemeanor offense, the

person was sentenced to a term of imprisonment, a suspended sentence

or a fine in an amount greater than Five Hundred Dollars ($500.00),

the person has not been convicted of a felony, no felony or

misdemeanor charges are pending against the person and at least five

(5) years have passed since the end of the last misdemeanor

sentence;

Oklahoma Statutes - Title 22. Criminal Procedure Page 31

12. The person was convicted of a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes, the

person has not been convicted of any other felony, the person has

not been convicted of a separate misdemeanor in the last seven (7)

years, no felony or misdemeanor charges are pending against the

person and at least five (5) years have passed since the completion

of the sentence for the felony conviction;

13. The person was convicted of not more than two felony

offenses, none of which is a felony offense listed in Section 13.1

of Title 21 of the Oklahoma Statutes or any offense that would

require the person to register pursuant to the provisions of the Sex

Offenders Registration Act, no felony or misdemeanor charges are

pending against the person, and at least ten (10) years have passed

since the completion of the sentence for the felony conviction;

14. The person was charged with not more than two felony

offenses and the charges were dismissed following the successful

completion of a deferred judgment or delayed sentence, none of which

were felony offenses listed in Section 13.1 of Title 21 of the

Oklahoma Statutes or would require the person to register pursuant

to the provisions of the Sex Offenders Registration Act, no felony

or misdemeanor charges are pending against the person, and at least

ten (10) years have passed since the charges were dismissed;

15. The person has been charged or arrested or is the subject

of an arrest warrant for a crime that was committed by another

person who has appropriated or used the person’s name or other

identification without the person’s consent or authorization; or

16. The person was convicted of a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes which was

subsequently reclassified as a misdemeanor under Oklahoma law, the

person is not currently serving a sentence for a crime in this state

or another state, at least thirty (30) days have passed since the

completion or commutation of the sentence for the crime that was

reclassified as a misdemeanor, any restitution ordered by the court

to be paid by the person has been satisfied in full, and any

treatment program ordered by the court has been successfully

completed by the person, including any person who failed a treatment

program which resulted in an accelerated or revoked sentence that

has since been successfully completed by the person or the person

can show successful completion of a treatment program at a later

date. Persons seeking an expungement of records under the

provisions of this paragraph may utilize the expungement forms

provided in Section 18a of this title.

B. For purposes of Section 18 et seq. of this title,

“expungement” shall mean the sealing of criminal records, as well as

any public civil record, involving actions brought by and against

the State of Oklahoma arising from the same arrest, transaction or

occurrence.

Oklahoma Statutes - Title 22. Criminal Procedure Page 32

C. Beginning three (3) years after the effective date of this

act and subject to the availability of funds, individuals with clean

slate eligible cases shall be eligible to have their criminal

records sealed automatically. For purposes of Section 18 et seq. of

this title, “clean slate eligible case” shall mean a case where each

charge within the case is pursuant to paragraph 1, 2, 3, 5, 6, 7, 8,

10, 11, 15, or 16 of subsection A of this section.

D. For purposes of seeking an expungement under the provisions

of paragraph 10, 11, 12 or 13 of subsection A of this section,

offenses arising out of the same transaction or occurrence shall be

treated as one conviction and offense.

E. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12,

13, 14, 15 and 16 of subsection A of this section shall be sealed to

the public but not to law enforcement agencies for law enforcement

purposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12,

13 and 14 of subsection A of this section 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 the records. Records

expunged pursuant to paragraph 4 or 6 of subsection A of this

section may also include the sealing of Pardon and Parole Board

records related to an application for a pardon. Such records shall

be sealed to the public but not to the Pardon and Parole Board.
Okla. Stat. tit. 22, § 22-401 — OK Code / Title 22 / Section 22-401
Requisites of indictment or information
Status: in_force

The indictment or information must contain:

1. The title of the action, specifying the name of the court to

which the indictment or information is presented, and the names of

the parties.

Oklahoma Statutes - Title 22. Criminal Procedure Page 172

2. A statement of the acts constituting the offense, in

ordinary and concise language, and in such manner as to enable a

person of
Okla. Stat. tit. 22, § 22-708 — OK Code / Title 22 / Section 22-708
Form of subpoena
Status: in_force

A subpoena, authorized by the last four sections, must be

substantially in the following form:

IN THE NAME OF THE STATE OF

OKLAHOMA.

Greeting: You are commanded to appear before C. D., a justice

term until lawfully discharged, as a witness in a criminal action

Oklahoma Statutes - Title 22. Criminal Procedure Page 221

prosecuted by the State of Oklahoma against E. F. (or to testify as

the case may be).
Okla. Stat. tit. 22, § 22-991f — OK Code / Title 22 / Section 22-991f
Definitions
Status: in_force

A. For the purposes of any provision of Title 22 of the

Oklahoma Statutes relating to criminal sentencing and restitution

orders and for the Restitution and Diversion Program:

1. "Restitution" means the sum to be paid by the defendant to

the victim of the criminal act to compensate that victim for up to

three times the amount of the economic loss suffered as a direct

result of the criminal act of the defendant;

2. "Victim" means any person, partnership, corporation or legal

entity that suffers an economic loss as a direct result of the

criminal act of another person;

3. "Economic loss" means actual financial detriment suffered by

the victim consisting of medical expenses actually incurred, damage

to or loss of real and personal property and any other out-of-pocket

expenses, including loss of earnings, reasonably incurred as the

direct result of the criminal act of the defendant. No other

elements of damage shall be included as an economic loss for

purposes of this section.

B. In all criminal prosecutions and juvenile proceedings in

this state, the court shall prioritize an order for payments of

restitution to the victim. When the court enters an order directing

the offender to pay restitution to any victim for economic loss or

to pay to the state any fines, fees or assessments, the order, for

purposes of validity and collection, shall not be limited to the

maximum term of imprisonment for which the offender could have been

sentenced, nor limited to any term of probation, parole, or

extension thereof, nor expire until fully satisfied. The court

order for restitution, fines, fees or assessments shall remain a

continuing obligation of the offender until fully satisfied, and the

obligation shall not be considered a debt, nor shall the obligation

be dischargeable in any bankruptcy proceeding. The court order

shall continue in full force and effect with the supervision of the

state until fully satisfied, and the state shall use all methods of

collection authorized by law. Before acceptance of a payment toward

fines, fees, or assessments, the court clerk shall inquire of the

offender whether restitution is owed on the case. If the court has

ordered restitution, the court clerk shall inform the offender that

payment of such restitution shall be prioritized over payment of

fines, fees, or assessments.

Oklahoma Statutes - Title 22. Criminal Procedure Page 340

C. 1. Upon conviction for any crime wherein property has been

stolen, converted or otherwise unlawfully obtained, or its value

substantially decreased as a direct result of the crime, or wherein

the crime victim suffered injury, loss of income, or out-of-pocket

loss, the individuals criminally responsible shall be sentenced to

make restitution. Restitution may be ordered in addition to the

punishments prescribed by law.

2. The court shall order full restitution based upon the

following considerations:

a. the nature and amount of restitution shall be

sufficient to restore the crime victim to the

equivalent economic status existing prior to the

losses sustained as a direct result of the crime, and

may allow the crime victim to receive payment in

excess of the losses sustained; provided, the excess

amount of restitution shall not be more than treble

the actual economic loss incurred, and

b. the amount of restitution shall be established

regardless of the financial resources of the offender.

3. The court:

a. may direct the return of property to be made as soon

as practicable and make an award of restitution in the

amount of the loss of value to the property itself as

a direct result of the crime, including out-of-pocket

expenses and loss of earnings incurred as a result of

damage to or loss of use of the property, the cost to

return the property to the victim or to restore the

property to its pre-crime condition whichever may be

appropriate under the circumstances,

b. may order restitution in a lump sum or by such

schedules as may be established and thereafter

adjusted by agreement consistent with the order of the

court,

c. shall have the authority to amend or alter any order

of restitution made pursuant to this section providing

that the court shall state its reasons and conclusions

as a matter of record for any change or amendment to

any previous order,

d. may order interest upon any ordered restitution sum to

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

until the restitution is paid in full. The court may

further order such interest to be paid to the victims

of the crime or proportion the interest payment

between the victims and the court fund, and/or the

Restitution and Diversion Program, in the discretion

of the court, and

Oklahoma Statutes - Title 22. Criminal Procedure Page 341

e. shall consider any pre-existing orders imposed on the

defendant, including, but not limited to, orders

imposed under civil and criminal proceedings.

D. If restitution to more than one person, agency or entity is

set at the same time, the court shall establish the following

priorities of payment:

1. The crime victim or victims; and

2. Any other government agency which has provided reimbursement

to the victim as a result of the offender's criminal conduct.

E. 1. The district attorney's office shall present the crime

victim's restitution claim to the court at the time of the

conviction of the offender or the restitution provisions shall be

included in the written plea agreement presented to the court, in

which case, the restitution claim shall be reviewed by the judge

prior to acceptance of the plea agreement.

2. At the initiation of the prosecution of the defendant, the

district attorney's office shall provide all identifiable crime

victims with written and oral information explaining their rights

and responsibilities to receive restitution established under this

section.

3. The district attorney's office shall provide all crime

victims, regardless of whether the crime victim makes a specific

request, with an official request for restitution form to be

completed and signed by the crime victim, and to include all

invoices, bills, receipts, and other evidence of injury, loss of

earnings and out-of-pocket loss. This form shall be filed with any

victim impact statement to be included in the judgment and sentence.

Every crime victim receiving the restitution claim form shall be

provided assistance and direction to properly complete the form.

4. The official restitution request form shall be presented in

all cases regardless of whether the case is brought to trial. In a

plea bargain, the district attorney in every case where the victim

has suffered economic loss, shall, as a part of the plea bargain,

require that the offender pay restitution to the crime victim. The

district attorney shall be authorized to act as a clearing house for

collection and disbursement of restitution payments made pursuant to

this section, and shall assess a fee of One Dollar ($1.00) per

payment received from the defendant, except when the defendant is

sentenced to incarceration in the Department of Corrections.

F. The crime victim shall provide all documentation and

evidence of compensation or reimbursement from insurance companies

or agencies of this state, any other state, or the federal

government received as a direct result of the crime for injury, loss

of earnings or out-of-pocket loss.

G. The court shall, upon motion by the crime victim, redact

from the submitted documentation all personal information relating

to the crime victim that does not directly and necessarily establish

Oklahoma Statutes - Title 22. Criminal Procedure Page 342

the authenticity of any document or substantiate the asserted amount

of the restitution claim.

H. The unexcused failure or refusal of the crime victim to

provide all or part of the requisite information prior to the

sentencing, unless disclosure is deferred by the court, shall

constitute a waiver of any grounds to appeal or seek future

amendment or alteration of the restitution order predicated on the

undisclosed available information. The court shall order the

offender to submit either as part of the pre-sentence investigation

or assessment and evaluation required for a community sentence or,

if no pre-sentence investigation is conducted, in advance of the

sentencing proceeding such information as the court may direct and

finds necessary to be disclosed for the purpose of ascertaining the

type and manner of restitution to be ordered.

I. The willful failure or refusal of the offender to provide

all or part of the requisite information prior to the sentencing,

unless disclosure is deferred by the court shall not deprive the

court of the authority to set restitution or set the schedule of

payment. The willful failure or refusal of the offender to provide

all or part of the requisite information prior to the sentencing,

unless disclosure is deferred by the court, shall constitute a

waiver of any grounds to appeal or seek future amendment or

alteration of the restitution order predicated on the undisclosed

information. The willful failure or refusal of the offender to

provide all or part of the requisite information prior to

sentencing, unless disclosure is deferred by the court, shall

constitute an act of contempt.

J. The court shall conduct such hearings or proceedings as it

deems necessary to set restitution and payment schedules at the time

of sentencing or may bifurcate the sentencing and defer the hearing

or proceedings relating to the imposition of restitution as justice

may require. Amendments or alterations to the restitution order may

be made upon the court's own motion, petition by the crime victim or

petition by the offender.

K. An offender who files a meritless or frivolous petition for

amendment or alteration to the restitution order shall pay the costs

of the proceeding on the petition and shall have added to the

existing restitution order the additional loss of earnings and out-

of-pocket loss incurred by the crime victim in responding to the

petition.

L. The restitution request form shall be promulgated by the

District Attorneys Council and provided to all district attorney

offices.

M. If a defendant who is financially able refuses or neglects

to pay restitution as ordered by this section, payment may be

enforced:

Oklahoma Statutes - Title 22. Criminal Procedure Page 343

1. By contempt of court as provided in subsection A of Section

566 of Title 21 of the Oklahoma Statutes with imprisonment or fine

or both;

2. In the same manner as prescribed in subsection N of this

section for a defendant who is without means to make such

restitution payment; or

3. Revocation of the criminal sentence if the sentence imposed

was a suspended or deferred sentence or a community sentence.

N. If the defendant is without means to pay the restitution,

the judge may direct the total amount due, or any portion thereof,

to be entered upon the court minutes and to be certified in the

district court of the county where it shall then be entered upon the

district court judgment docket and shall have the full force and

effect of a district court judgment in a civil case. Thereupon the

same remedies shall be available for the enforcement of the judgment

as are available to enforce other judgments; provided, however, the

judgment herein prescribed shall not be considered a debt nor

dischargeable in any bankruptcy proceeding.

O. Whenever a person has been ordered to pay restitution as

provided in this section or any section of the Oklahoma Statutes for

a criminal penalty, the judge may order the defendant to a term of

community service, with or without compensation, to be credited at a

rate of Five Dollars ($5.00) per day against the total amount due

for restitution. If the defendant fails to perform the required

community service authorized by this subsection or if the conditions

of community service are violated, the judge may impose a term of

imprisonment not to exceed five (5) days in the county jail for each

failure to comply.

P. Nothing in subsections M through O of this section shall be

construed to be additions to the original criminal penalty, but

shall be used by the court as sanctions and means of collection for

criminal restitution orders and restitution orders that have been

reduced to judgment.
Okla. Stat. tit. 22, § 22-413 — OK Code / Title 22 / Section 22-413
Pleading private statute
Status: in_force

In pleading a private statute, or a right derived therefrom, it

is sufficient to refer to the statute by its title and the day of

its passage, and the court must thereupon take judicial notice

thereof.

R.L. 1910, Sec. 5750.
Okla. Stat. tit. 22, § 22-991a-19 — OK Code / Title 22 / Section 22-991a-19
Seizure of property – Forfeiture for sale – Notice and
Status: in_force

hearing – Petition for return – Release of property.

A. Any peace officer of this state shall seize any property,

except property exempt under Section 1 of Title 31 of the Oklahoma

Statutes, to be held until a forfeiture for sale has been declared

or release ordered.

Oklahoma Statutes - Title 22. Criminal Procedure Page 326

B. Within ten (10) days from the time the property is seized,

notice of seizure and intended forfeiture proceeding shall be filed

in the office of the clerk of the district court for the county in

which the property is seized and shall be given all owners and

parties in interest.

C. Notice shall be given by the party seeking forfeiture and

sale according to the following methods:

1. Upon each owner or party in interest whose right, title or

interest is of record at the Tax Commission, by mailing a copy of

the notice by certified mail to the address shown upon the records

of the Tax Commission;

2. Upon each owner or party in interest whose name and address

is known to the attorney or the party seeking the action to recover

unpaid restitution, by mailing a copy of the notice by registered

mail to the last-known address; and

3. Upon all other owners or interested parties, whose addresses

are unknown, but who are believed to have an interest in the

property, by one publication in a newspaper of general circulation

in the county where the seizure was made.

D. Within sixty (60) days after the mailing and publication of

the notice, the owner of the property and any other party in

interest or claimant may file a verified answer and claim to the

property described in the notice.

E. If at the end of sixty (60) days after the notice has been

mailed or published there is no verified answer on file, the court

shall hear evidence upon the fact of exemption under Section 1 of

Title 31 of the Oklahoma Statutes and shall order the property

forfeited and sold to pay restitution, if such property is not

proved exempt.

F. If a verified answer is filed, the forfeiture for sale

proceeding shall be set for hearing not less than ten (10) days nor

more than sixty (60) days after the filing of the answer.

G. At a hearing on the forfeiture, the evidence of ownership

and exemption under Section 1 of Title 31 of the Oklahoma Statutes

shall be satisfied by a preponderance of the evidence.

H. The claimant of any right, title or interest in the property

may prove a lien, mortgage or conditional sales contract to be a

bona fide ownership interest by a preponderance of the evidence.

I. In the event of such proof, the court shall order the

property released to the bona fide owner, lienholder, mortgagee or

vendor if the amount due such party is equal to, or in excess of,

the value of the property as of the date of the seizure, it being

the intention of this section to forfeit only the right, title or

interest of the offender.

J. If the amount due to such person is less than the value of

the property, or if no bona fide claim is established, the property

Oklahoma Statutes - Title 22. Criminal Procedure Page 327

shall be forfeited and sold under judgment of the court, as on sale

upon execution.

K. Property taken or detained under this section shall not be

repleviable, but shall be deemed to be in the custody of the office

of the district attorney of the county in which the property was

seized, subject only to the orders and decrees of the court having

jurisdiction thereof.

L. The proceeds of the sale of any property shall be

distributed as follows, in the order indicated:

1. To the bona fide purchaser, conditional sales vendor or

mortgagee of the property, if any, up to the amount of such party’s

interest in the property, when the court declaring the forfeiture

orders a distribution to such person;

2. To the payment of the actual expenses of storing the

property;

3. To the payment of court costs and costs of the sheriff in

conducting the sale;

4. To the payment of restitution to the victim; and

5. The balance of the proceeds of such sale shall be paid to

the defendant.

M. If the court finds that the party seeking the forfeiture

failed to satisfy the requirements provided for in subsection G of

this section, the court shall order the property released to the

owner or owners.

N. Upon failure to give the notice of seizure and intended

forfeiture as provided in subsections B and C of this section, any

owner or party in interest may petition the court for return of the

property. The court shall schedule a hearing within ten (10) days

of the filing of the petition for return of the property. The

petitioner shall be required to prove ownership interest or other

claim to the property, and the court shall return the property if

the claim is proved by a preponderance of the evidence and the

property is not otherwise required as evidence in a criminal

prosecution. Failure to give the notice of seizure and intended

forfeiture shall not be construed to prohibit, deny, void or dismiss

any criminal prosecution or serve as grounds for any motion to

suppress evidence.

O. In addition to other provisions of this section, seized

property shall be released upon the following conditions:

1. Dismissal of a forfeiture proceeding;

2. Failure to file criminal charges within ninety (90) days

from the date of seizure, provided the property is held as evidence

and not forfeited to the state or returned to an owner or party in

interest as provided in subsection N of this section. Provided,

however, the district attorney may request the court to grant an

extension beyond the ninety-day limitation for filing charges if a

criminal investigation may result in charges being filed after that

Oklahoma Statutes - Title 22. Criminal Procedure Page 328

time. If an extension to file criminal charges is granted, the

seized property may be held until the court orders the property

released; or

3. Dismissal or acquittal of criminal charges, provided the

property is held as evidence and not forfeited to the state or

returned to an owner or party in interest as provided in subsection

N of this section.
Okla. Stat. tit. 22, § 22-1088.1 — OK Code / Title 22 / Section 22-1088.1
Post-conviction relief applications - Reasonable
Status: in_force

inquiry - Sanctions.

Oklahoma Statutes - Title 22. Criminal Procedure Page 374

A. By presenting to the court, whether by signing, filing,

submitting, or later advocating, a pleading, written motion or other

papers regarding an application for post-conviction relief an

attorney or unrepresented party is certifying that to the best of

the person's knowledge, information, and belief, formed after an

inquiry reasonable under the circumstances:

1. It is not being presented for any improper purpose, such as

to harass or to cause unnecessary delay or needless increase in the

cost of litigation;

2. The claims and other legal contentions therein are warranted

by existing law or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the establishment of

new law; and

3. The allegations and other factual contentions have

evidentiary support or, if specifically so identified, are likely to

have evidentiary support after a reasonable opportunity for further

investigation or discovery.

B. If, after notice and a reasonable opportunity to respond,

the Court of Criminal Appeals determines that this section has been

violated, the court may impose an appropriate sanction upon the

attorneys, law firms, or parties that have violated this section.

The Court of Criminal Appeals may adopt and publish rules to

implement this section.
Okla. Stat. tit. 22, § 22-1114.3 — OK Code / Title 22 / Section 22-1114.3
Traffic citation - Delivery of complaint information
Status: in_force

and abstract of court record - Citation as information.

A. Upon issuing a traffic citation required to be filed in

district court, the arresting officer or the law enforcement agency

employing the arresting officer shall deliver or forward the

“Complaint Information” and “Abstract of Court Record” parts of the

citation, in electronic or written format:

1. To the district court clerk without the endorsement of the

district attorney or an assistant district attorney. It shall be

the duty of the district court clerk to deliver the “Complaint

Information” to the district attorney who shall endorse or decline

Oklahoma Statutes - Title 22. Criminal Procedure Page 417

and file the “Complaint Information” with the district court clerk;

or

2. If the officer has issued a citation which could result in

the district attorney filing an information, to the district

attorney who shall endorse or decline and file both parts of the

citation with the district court clerk.

B. Upon receipt of a traffic citation by the district court

clerk, the district court clerk shall deliver the original

“Complaint Information” to the district attorney. The district

court clerk’s office shall maintain the “Abstract of Court Record”

part of the citation until the final disposition of the case.

C. After final disposition of the case by the district

attorney, including a case which is declined, the district court

clerk shall clearly mark the “Abstract of Court Record” part of the

citation with the disposition information of the case and forward

the “Abstract of Court Record” to the Department of Public Safety,

as provided in Section 18-101 of Title 47 of the Oklahoma Statutes.

The “Abstract of Court Record” copy of the citation shall not be

obscured by any official stamp of the district court or the district

court clerk’s office.

D. Forwarding of the “Abstract of Court Record” copy of a

citation by electronic means to the Department of Public Safety

shall be in a manner and format as approved by the Department, and

shall include the information required by Section 18-101 of Title 47

of the Oklahoma Statutes.

E. A traffic citation that is certified by the arresting

officer, the complainant, the district attorney, or the assistant

district attorney shall constitute an information against the person

arrested and served with the traffic citation.

F. For purposes of this section, “endorsement by the district

attorney” and “filing with the court clerk” may be accomplished by

electronic means using any method approved for electronic filing in

the courts of this state. Both the “Complaint Information” and

“Abstract of Court Record” parts of the citation may be forwarded

to, and provided by, the district court clerk in an electronic form.

Neither a paper copy of the citation, nor an original “wet ink”

endorsement or signature shall be required from any party when using

an approved electronic method.
Okla. Stat. tit. 22, § 22-988.5 — OK Code / Title 22 / Section 22-988.5
Community sentencing system planning councils
Status: in_force

A. A community sentencing system planning council shall be

established for each jurisdiction defined by the judge as provided

in Section 4 of this act.

B. Single county planning councils shall have membership as

follows:

1. The Chief Judge of the Judicial District or a judge having

duties within the county appointed by the Chief Judge of the

Judicial District;

2. The district attorney for the county or an assistant

district attorney appointed by the district attorney;

3. The county sheriff or a deputy sheriff appointed by the

sheriff;

4. A county commissioner appointed by the board of county

commissioners for the county; and

5. Three or more citizens elected by the other designated

members.

C. Multicounty planning councils shall have membership

consisting of at least the following:

1. The Chief Judge of the Judicial District, or a judge having

duties within the jurisdiction appointed by the Chief Judge of the

Judicial District;

2. A district attorney or an assistant district attorney

appointed by a majority vote of all district attorneys participating

in the multicounty system;

3. A county sheriff or a deputy sheriff appointed by a majority

vote of all sheriffs participating in the multicounty system;

Oklahoma Statutes - Title 22. Criminal Procedure Page 296

4. A county commissioner appointed by a majority vote of all

county commissioners of the counties participating in the

multicounty system; and

5. Three or more citizens from each of the counties

participating in the multicounty system elected by the other

designated members.

Nothing in this subsection shall preclude a multicounty system from

adding members from each of the participating offices of the

sheriff, district attorney, and board of county commissioners,

provided the number of citizen members equals or is greater than the

number of sheriffs, district attorneys, and county commissioners

serving on the multicounty planning council.

D. In the event the required planning council has not been

established as provided by subsection A of this section for any

county or as provided in Section 4 of this act or should a council

cease to actively function as determined by the Community Sentencing

Division of the Department of Corrections, the Chief Judge of the

Judicial District upon notification by the Division shall appoint

five or more persons to serve as the planning council in addition to

a designated judge. All membership appointments required by this

subsection shall be made on or before the first day of October of

each year. Every planning council shall have a judge who shall be

either the Chief Judge of the Judicial District or a judge having

duties within the jurisdiction appointed by the Chief Judge. The

Chief Judge making the appointments of a planning council pursuant

to the provisions of this subsection shall decide whether the

planning council shall be a single county planning council or a

multicounty planning council. If a Chief Judge of a Judicial

District will not serve as a member of a planning council or make

any of the required appointments, the Chief Justice of the Supreme

Court shall direct another judge of the jurisdiction to make the

appointments or serve as the designated judge.

E. Once a planning council has been established, it shall

notify the Community Sentencing Division within the Department of

Corrections of its membership, and thereafter the jurisdiction shall

be eligible to receive technical assistance from the state in

establishing the required local community sentencing system.

F. Each member of a planning council shall reside in or have

employment duties in the jurisdiction to be served by the council.

Members serving on a planning council who are elected officials

shall have a term of office on the planning council concurrent with

the term of the elected office, except when the person resigns or is

otherwise removed as provided by the rules promulgated for the

council or as authorized by law. All other members of the planning

council shall have staggered terms of office not exceeding a three-

year term. Planning council members may be reappointed upon the

expiration of their terms. The Chief Judge of the Judicial District

Oklahoma Statutes - Title 22. Criminal Procedure Page 297

shall have the authority to remove any planning council member

within the jurisdiction of the court district at any time for

violation of the rules governing the local planning council.

G. Each planning council member shall have one vote, and a

majority of voting members shall constitute a quorum. No vacancy

shall impair the right of the remaining members to exercise all the

duties of the planning council. Any vacancy occurring in the

membership of a planning council shall be filled for the unexpired

term of office in the same manner as the original selection.

H. The designated judge shall convene the initial meeting of

the planning council within fifteen (15) days following the

establishment of the council. At the initial meeting of the

planning council, the membership shall elect a chair from its

members who shall preside at all meetings of the council and perform

such other duties as may be required by law. The planning council

may elect another member as vice-chair who shall perform duties of

the chair during any period of absence or upon the refusal or

inability of the chair to act, a secretary who shall keep minutes of

all meetings, and other officers as necessary.

I. Each planning council shall adopt written rules concerning

meeting times, places, dates, conduct for disclosing and handling

conflicts of interest, procedures for recommending service

providers, procedures for removal and replacement of members for

failure to attend a required number of meetings, procedures and

timing for election of officers and any other provision necessary to

implement the planning of a local system pursuant to the provisions

of the Oklahoma Community Sentencing Act. The written rules

promulgated by a planning council shall not be subject to the

Administrative Procedures Act; provided, however, the rules shall be

filed with the clerk of the district court or courts of the

jurisdiction to be served by the community sentencing system. The

rules may be amended by a majority vote of the planning council

members after a thirty-day written notice detailing the change or

addition has been filed with the court clerk where the original

rules are filed.

J. Each planning council shall be subject to the provisions of

the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
Okla. Stat. tit. 22, § 22-524 — OK Code / Title 22 / Section 22-524
Preliminary hearing on felony indictment - Time for
Status: in_force

request - Witnesses - Dismissal.

Upon the return and filing of an indictment for a felony, the

defendant so charged and arrested thereon, or the state, upon filing

a request in writing, shall be entitled to have a copy of said

indictment, certified by the court clerk, filed with a district,

superior, common pleas or county judge, to be designated by the

Judge presiding over the grand jury, and the defendant shall have a

preliminary hearing thereon, before such designated judge, as a

magistrate, as though said charge had been originally filed by

verified information, with such magistrate, and under the law

applying to the institution and conduct of prosecutions by

information filed by the state. Any such request must be filed

within ten (10) days after the filing of such indictment with the

court clerk, or within ten (10) days after the defendant charged

under said indictment has been arrested thereon, whichever is later.

Upon such preliminary hearing, the members of the grand jury shall

not be subpoenaed or called as a witness except upon an indictment

charging the commission of the offense of perjury before the grand

jury. The names of witnesses other than those endorsed on the

indictment may be endorsed on the indictment prior to said

preliminary hearing and such additional persons may be called as

witnesses at such preliminary hearing; provided, that this section

shall not apply to motion to quash or vacate the grand jury

proceedings or indictment upon other grounds. Provided, grand

jurors may be called as rebuttal witnesses.

Upon application of the defendant or the state, after the filing

of the copy of the indictment with the magistrate, as hereinabove

provided, the court may order the indictment filed with the court

clerk dismissed and any bond made in the case exonerated.
Okla. Stat. tit. 22, § 22-763 — OK Code / Title 22 / Section 22-763
Affidavit on application for conditional examination
Status: in_force

The application must be made upon affidavit stating:

First. The nature of the offense charged.

Second. The state of the proceedings in the action.

Third. The name and residence of the witness, and that his

testimony is material to the defense of the action.

Fourth. That the witness is about to leave the state, or is so

sick or infirm as to afford reasonable grounds for apprehending that

he will not be able to attend the trial, or that the magistrate

terminated the preliminary hearing pursuant to Section 258 of this

title and that the witness refuses to grant an interview to counsel

regarding the material issues for trial.

R.L. 1910, § 6027. Amended by Laws 1994, c. 292, § 7, eff. Sept. 1,

1994.
Okla. Stat. tit. 22, § 22-991a-4.2 — OK Code / Title 22 / Section 22-991a-4.2
Early evaluation hearing for persons with split or
Status: in_force

suspended sentence.

A. 1. Any person who receives a suspended sentence that

exceeds five (5) years pursuant to the provisions of Section 991a of

this title for an offense not listed in Section 13.1 or subsection

C, D, E, F, G, or J of Section 644 of Title 21 of the Oklahoma

Statutes or Section 571 or 582 of Title 57 of the Oklahoma Statutes

shall, upon request, receive an early evaluation hearing after five

(5) years to determine whether the length of the suspended sentence

should be modified.

2. Any person who receives a split sentence pursuant to the

provisions of Section 991a of this title for an offense not listed

in Section 13.1 or subsection C, D, E, F, G, or J of Section 644 of

Title 21 of the Oklahoma Statutes or Section 571 or 582 of Title 57

Oklahoma Statutes - Title 22. Criminal Procedure Page 321

of the Oklahoma Statutes and the suspended portion of the sentence

exceeds five (5) years shall, upon request, receive an early

evaluation hearing after five (5) years of serving the suspended

portion of the split sentence to determine whether the length of the

split sentence should be modified.

B. Upon an early evaluation hearing conducted pursuant to

subsection A of this section, the court may modify the length of the

suspended sentence or split sentence when:

1. The person has completed all requirements of his or her

probation, including treatment and rehabilitative programming;

2. The person had no criminal violations during the term of

probation;

3. The person has no pending revocation hearings; and

4. The district attorney does not object on behalf of the state

or the victim or victims of the offense. Any such objection shall

be made in writing, specify on behalf of whom the objection is made,

and include the specific reason or reasons for the objection.

C. A person may request an early evaluation hearing one (1)

year earlier than prescribed in subsection A of this section and the

court may modify the length of the suspended sentence or split

sentence when:

1. The person received a high school or high school equivalency

diploma, any college-level degree, or a vocational, technical, or

career training certification or degree while serving his or her

sentence, or when the person has maintained consistent employment

throughout his or her probation period;

2. The person has completed all requirements of his or her

probation, including treatment and rehabilitative programming;

3. The person had no criminal violations during the term of

probation;

4. The person has no pending revocation hearings; and

5. The district attorney does not object on behalf of the state

or the victim or victims of the offense. Any such objection shall

be made in writing, specify on behalf of whom the objection is made,

and include the specific reason or reasons for the objection.

D. Written notice shall be made to the appropriate district

attorney within fifteen (15) days of the filing of a request

pursuant to subsection A or subsection C of this section. The

district attorney shall have forty-five (45) days from the date the

notice was received to object or otherwise respond. The Court may,

upon request of the district attorney, grant a single fifteen-day

extension to object or otherwise respond.

E. An offender may only request one early evaluation hearing in

a case pursuant to subsection A of this section without prior

approval from the district attorney.

Oklahoma Statutes - Title 22. Criminal Procedure Page 322

F. No person shall be prohibited from an early evaluation

hearing as a condition of a plea agreement or imposed sentence if

otherwise qualified pursuant to subsection A of this section.

G. On or before November 30, 2025, and every odd year

thereafter, the District Attorneys Council shall provide a list of

early termination applications made and copies of any objections or

other responses to such applications during the prior fiscal year to

the President Pro Tempore of the Oklahoma State Senate, the Speaker

of the Oklahoma House of Representatives, and the Governor.
Okla. Stat. tit. 22, § 22-1168 — OK Code / Title 22 / Section 22-1168
Commitment in sanity hearing exonerates bail
Status: in_force

The commitment of the defendant as mentioned in the last

section, exonerates his bail, or entitles the person authorized to

receive the property of the defendant to the return of money he may

have deposited instead of bail.
Okla. Stat. tit. 22, § 22-60.21 — OK Code / Title 22 / Section 22-60.21
Short title
Status: in_force

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

Interstate Enforcement of Domestic Violence Protection Orders Act”.
Okla. Stat. tit. 22, § 22-991av2 — OK Code / Title 22 / Section 22-991av2
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,

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;

Oklahoma Statutes - Title 22. Criminal Procedure Page 589

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

reward program established by Section 150.18 of Title

74 of the Oklahoma Statutes,

h. to reimburse the Oklahoma State Bureau of

Investigation for costs incurred by that agency during

its investigation of the crime for which the defendant

pleaded guilty, nolo contendere or was convicted

including compensation for laboratory, technical or

investigation services performed by the Bureau if, in

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

without imposing manifest hardship on the defendant,

and if the costs incurred by the Bureau during the

investigation of the defendant’s case may be

determined with reasonable certainty,

i. to pay a reasonable sum to the Crime Victims

Compensation Board, created by Section 142.2 et seq.

of Title 21 of the Oklahoma Statutes, for the benefit

of crime victims,

Oklahoma Statutes - Title 22. Criminal Procedure Page 590

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

appointed attorneys for representing the defendant in

the case in which the person is being sentenced,

k. to participate in 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,

l. 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 Seventy-five Dollars ($75.00)

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,

m. 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

Service Oklahoma. Upon the expiration of the period

for the restriction, Service Oklahoma 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,

Oklahoma Statutes - Title 22. Criminal Procedure Page 591

“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,

n. to be confined by electronic monitoring administered

and supervised by the Department of Corrections or a

community sentence provider. As used in this

paragraph, “electronic monitoring” means confinement

of the defendant within a specified location or

locations with supervision by means of an electronic

device approved by the Department of Corrections which

is designed to detect if the defendant is in the

court-ordered location at the required times and which

records violations for investigation by a qualified

supervisory agency or person,

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

or rehabilitation for any conditions, behaviors,

deficiencies or disorders which may contribute to

criminal conduct including but not limited to alcohol

and substance abuse, mental health, emotional health,

physical health, propensity for violence, antisocial

behavior, personality or attitudes, deviant sexual

behavior, child development, parenting assistance, job

skills, vocational-technical skills, domestic

relations, literacy, education or any other

identifiable deficiency which may be treated

appropriately in the community and for which a

certified provider or a program recognized by the

court as having significant positive impact exists in

the community. Any treatment, education or

rehabilitation provider required to be certified

pursuant to law or rule shall be certified by the

appropriate state agency or a national organization,

p. to submit to periodic testing for alcohol,

intoxicating substance or controlled dangerous

substances by a qualified laboratory,

q. to pay a fee or costs for treatment, education,

supervision, participation in a program or any

combination thereof as determined by the court, based

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

r. to be supervised by a Department of Corrections

employee, a private supervision provider or other

person designated by the court,

s. to obtain positive behavior modeling by a trained

mentor,

Oklahoma Statutes - Title 22. Criminal Procedure Page 592

t. to serve a term of confinement in a restrictive

housing facility available in the community,

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

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

this title or for work release,

v. to obtain employment or participate in employment-

related activities,

w. to participate in mandatory day reporting to

facilities or persons for services, payments, duties

or person-to-person contacts as specified by the

court,

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

the net wages earned. For purposes of this paragraph,

“day fine” means the offender is ordered to pay an

amount calculated as a percentage of net daily wages

earned. The day fine shall be paid to the local

community sentencing system as reparation to the

community. Day fines shall be used to support the

local system,

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

subsection I of this section,

z. to repair or restore property damaged by the

defendant’s conduct, if the court determines the

defendant possesses sufficient skill to repair or

restore the property and the victim consents to the

repairing or restoring of the property,

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

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

to determine the actual out-of-pocket expenses

suffered by the victim,

bb. to attend a victim-offender reconciliation program if

the victim agrees to participate and the offender is

deemed appropriate for participation,

cc. in the case of a person convicted of prostitution

pursuant to Section 1029 of Title 21 of the Oklahoma

Statutes, require such person to receive counseling

for the behavior which may have caused such person to

engage in prostitution activities. Such person may be

required to receive counseling in areas including but

not limited to alcohol and substance abuse, sexual

behavior problems or domestic abuse or child abuse

problems,

dd. in the case of a sex offender 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 593

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

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,

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

the court in the case of a defendant being sentenced

for a felony conviction for a violation of Section 2-

402 of Title 63 of the Oklahoma Statutes which

involves marijuana may require the person to

participate in a drug court program, if available. If

a drug court program is not available, the defendant

may be required to participate in a community

sanctions program, if available,

ff. 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

Bogus Check Restitution Program,

gg. in the case of a person convicted of an offense under

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

Oklahoma Statutes - Title 22. Criminal Procedure Page 594

hh. 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.

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

suspended sentence of an offender expires without being revoked;

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. In the case of nonviolent felony offenses, sentence such

person to the Community Service Sentencing Program;

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

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

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

other intoxicating substance or a combination of alcohol or another

intoxicating substance, or convicted of operating a motor vehicle

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

due to the consumption of alcohol, require such person:

a. to participate in an alcohol and drug 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 595

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, and 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 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

Service Oklahoma. Upon the expiration of the period

for the restriction, Service Oklahoma shall remove the

restriction without further court order. Failure to

comply with the order to install an ignition interlock

device or operating any vehicle without such device

during the period of restriction shall be a violation

of the sentence and may be punished as deemed proper

by the sentencing court, or

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

monitored home detention administered and supervised

by the Department of Corrections, and to pay to the

Department a monitoring fee, not to exceed Seventy-

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

Corrections, if in the opinion of the court the

defendant has the ability to pay such fee. Any fees

collected pursuant to this subparagraph shall be

deposited in the Department of Corrections Revolving

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

monitoring fee, if willfully disobeyed, may be

enforced as an indirect contempt of court;

Oklahoma Statutes - Title 22. Criminal Procedure Page 596

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

the case of a person convicted of prostitution pursuant to Section

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

receive counseling for the behavior which may have caused such

person to engage in prostitution activities. Such person may be

required to receive counseling in areas including but not limited to

alcohol and substance abuse, sexual behavior problems or domestic

abuse or child abuse problems;

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

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

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

require the defendant to undergo the treatment or participate in the

counseling services necessary to bring about the cessation of

domestic abuse against the victim. The defendant may be required to

pay all or part of the cost of the treatment or counseling services;

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

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

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

Registration Act, shall require the defendant 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 ability of the defendant to pay;

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

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

a child, 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 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 597

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 website 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;

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; or

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

and pursuant to the terms and conditions of a written plea

agreement, the court may prohibit the defendant from entering,

visiting or residing within the judicial district in which the

defendant was convicted until after completion of his or her

sentence; provided, however, the court shall ensure that the

defendant has access to those services or programs for which the

defendant is required to participate as a condition of probation.

When seeking to enter the prohibited judicial district for personal

business not related to his or her criminal case, the defendant

shall be required to obtain approval by the court.

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

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

Oklahoma Statutes - Title 22. Criminal Procedure Page 598

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 defendants being sentenced upon their third or subsequent

to their third conviction of a felony. Provided, the court may

waive these prohibitions upon written application of the district

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

the record of the case.

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

shall consider any victim impact statements if submitted to the

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

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

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

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

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

and subject to 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 599

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.

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 this section shall be eligible to participate in a county

Program; provided, participation in county-funded Programs shall not

be limited to offenders who would otherwise be sentenced to

confinement with the Department of Corrections.

3. The 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 600

Department of Corrections that detects if the person leaves the

confines of any specified location; and

3. “Victims impact panel program” means a program conducted by

a corporation registered with the Secretary of State in Oklahoma for

the sole purpose of operating a victims impact panel program. The

program shall include live presentations from presenters who will

share personal stories with participants about how alcohol, drug

abuse, the operation of a motor vehicle while using an electronic

communication device or the illegal conduct of others has personally

impacted the lives of the presenters. 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, operating a motor vehicle while the ability of the person

to operate such vehicle was impaired due to the consumption of

alcohol or any other substance or operating a motor vehicle while

using an electronic device or by persons who have been convicted of

furnishing alcoholic beverage to persons under twenty-one (21) years

of age, as provided in Sections 6-101 and 6-120 of Title 37A of the

Oklahoma Statutes. Persons attending a victims impact panel program

shall be required to pay a fee of Seventy-five Dollars ($75.00) 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. The certificate

of completion shall contain the business identification number of

the program provider. A certified assessment agency, certified

assessor or provider of an alcohol and drug substance abuse course

shall be prohibited from providing a victims impact panel program

and shall further be prohibited from having any proprietary or

pecuniary interest in a victims impact panel program. The provider

of the victims impact panel program shall carry general liability

insurance and maintain an accurate accounting of all business

transactions and funds received in relation to the victims impact

panel program. Beginning October 1, 2020, and each October 1

thereafter, the provider of the victims impact panel program shall

provide to the District Attorneys Council the following:

a. proof of registration with the Oklahoma Secretary of

State,

b. proof of general liability insurance,

c. end-of-year financial statements prepared by a

certified public accountant,

d. a copy of federal income tax returns filed with the

Internal Revenue Service,

e. a registration fee of One Thousand Dollars

($1,000.00). The registration fee shall be deposited

in the District Attorneys Council Revolving Fund

Oklahoma Statutes - Title 22. Criminal Procedure Page 601

created in Section 215.28 of Title 19 of the Oklahoma

Statutes, and

f. a statement certifying that the provider of the

victims impact panel program has complied with all of

the requirements set forth in this paragraph.

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 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, 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

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 DNA 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 602

Department of Corrections shall submit a blood or saliva sample.

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, § 22-762 — OK Code / Title 22 / Section 22-762
Conditional examinations in certain cases
Status: in_force

When a material witness in any criminal case is about to leave

the state, or is so sick or infirm as to afford reasonable grounds

Oklahoma Statutes - Title 22. Criminal Procedure Page 236

for apprehending that he will be unable to attend the trial, the

defendant or the State of Oklahoma may apply for an order that the

witness be examined conditionally.
Okla. Stat. tit. 22, § 22-1145.6 — OK Code / Title 22 / Section 22-1145.6
Procedures, rules and regulations
Status: in_force

A. A defendant arrested or held in a state or district other

than that in which the indictment or information is pending against

him may state in writing that he wishes to plead guilty, to waive

trial in the district in which the indictment or information is

pending and to consent to disposition of the case in the

jurisdiction or district in which he was arrested or is held,

subject to the approval of the prosecuting attorney for each

jurisdiction. Upon receipt of the defendant's statement and of the

written approval of the prosecuting attorneys, the clerk of the

court in which the indictment or information is pending shall

transmit the papers in the proceeding or certified copies thereof to

the clerk of the court for the jurisdiction in which the defendant

is held and the prosecution shall continue in that jurisdiction.

B. A defendant arrested on a warrant issued upon a complaint in

a jurisdiction other than the county, parish or district of arrest

may state in writing that he wishes to plead guilty to waive trial

in the jurisdiction in which the warrant was issued and to consent

to disposition of the case in the jurisdiction in which he was

arrested, subject to the approval of the prosecuting attorney for

each jurisdiction. Upon receipt of the defendant's statement and of

the written approval of the prosecuting attorneys, the court of

limited jurisdiction shall certify and transmit the records in the

case to the court of general jurisdiction, and, upon the filing of

an information or the return of an indictment, the clerk of the

Oklahoma Statutes - Title 22. Criminal Procedure Page 445

court for the jurisdiction or district in which the warrant was

issued shall transmit the papers in the proceeding or certified

copies thereof to the clerk of the court for the jurisdiction or

district in which the defendant was arrested and the prosecution

shall continue in that jurisdiction or district. When the defendant

is brought before the court to plead to an information filed in the

jurisdiction or district where the warrant was issued, he may at

that time waive indictment and the prosecution may continue based

upon the information originally filed.

C. A juvenile who is arrested or held in a jurisdiction or

district other than that in which he is alleged to have committed an

act in violation of a law of a state or of the United States not

punishable by death or life imprisonment may, after he has been

advised by counsel and with the approval of the court and the

prosecuting attorney, consent to be proceeded against as a juvenile

delinquent in the jurisdiction or district in which he is arrested

or held. The consent shall be given in writing before the court but

only after the court has apprised the juvenile of his rights,

including the right to be returned to the jurisdiction or district

in which he is alleged to have committed the act, and of the

consequences of such consent.

D. For the purpose of initiating a transfer under this rule a

person who appears in response to a summons shall be treated as if

he had been arrested on a warrant in the jurisdiction or district of

such appearance.
Okla. Stat. tit. 22, § 22-1184 — OK Code / Title 22 / Section 22-1184
Proceedings on accusation
Status: in_force

After receiving the accusation, the judge to whom it is

delivered must forthwith cause it to be transmitted to the district

attorney of the county or subdivision, except when he is the officer

Oklahoma Statutes - Title 22. Criminal Procedure Page 472

accused, who must cause a copy thereof to be served upon the

defendant, and required by written notice of not less than five (5)

days that he appear before the district court of the county or

subdivision, and answer the accusation at a specified time. The

original accusation must then be filed with the clerk of the court.