reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-857. Jury after the charge.

After hearing the charge, the jury may either decide in court, or may retire for deliberation. If they do not agree without retiring, one or more officers must be sworn to keep them together in some private and convenient place, and not to permit any person to speak to or communicate with them, nor do so themselves, unless it be by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court.
R.L. 1910, § 5906. Amended by Laws 1997, c. 133, § 17, eff. July 1, 1999; Laws 1998, 1st Ex.Sess., c. 2, § 13, emerg. eff. June 19, 1998; Laws 1999, 1st Ex.Sess., c. 5, § 8, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 17 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-858. Defendant admitted to bail may be committed during trial.

When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appearance for trial order him to be committed to the custody of the proper officer of the county to abide the judgment or further order of the court, and he must be committed and held in custody accordingly.
R.L.1910, § 5907.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-860.1. Second or subsequent offenses – Trial procedure.

In all cases in which the defendant is prosecuted for a second or subsequent offense, except in those cases in which former conviction is an element of the offense, the procedure shall be as follows:
1. The trial shall proceed initially as though the offense charged was the first offense; when the indictment or information is read all reference to prior offenses shall be omitted; during the trial of the case no reference shall be made nor evidence received of prior offenses except as permitted by the rules of evidence; the judge shall instruct the jury only on the offense charged; the jury shall be further instructed to determine only the guilt or innocence on the offense charged, and that punishment at this time shall not be determined by the jury; and
2. If the verdict be guilty of the offense charged, that portion of the indictment or information relating to prior offenses shall be read to the jury and evidence of prior offenses shall be received. The court shall then instruct the jury on the law relating to second and subsequent offenses, and the jury shall then retire to determine the fact of former conviction, and the punishment, as in other cases.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 438, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-861. Formal exceptions to rulings or orders unnecessary.

Formal exceptions to rulings or orders of the court in criminal proceedings shall not be necessary but for all purposes for which an exception has heretofore been necessary at the trial of a cause it shall be sufficient that a party, at the time the ruling or order of the court has been made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court with his general grounds therefor.
Laws 1971, c. 144, § 1, eff. Oct. 1, 1971.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-891. Jury room - Expenses of providing, a county charge.

A room must be provided by the board of commissioners of a county for the use of the jury, upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery. If the commissioners neglect, the court may order the sheriff to do so, and the expenses incurred by him in carrying the order into effect, when certified by the court, are a county charge.
R.L.1910; § 5910. R.L.1910, § 5912.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-893. Jury may have written instructions, forms of verdict and documents injury room - Copies of public or private documents.

On retiring for deliberation the jury may take with them the written instructions given by the court; the forms of verdict approved by the court, and all papers which have been received as evidence in the cause, except that they shall take copies of such parts of public records or private documents as ought not, in the opinion of the court, to be taken from the person having them in possession.
R.L.1910, § 5912.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-894. Jury brought into court for information - Presence of, or notice to, parties.

After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony or if they desire to be informed on a point of law arising in the cause, they must require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of, or after notice to the district attorney and the defendant or his counsel, or after they have been called.
R.L.1910, § 5913.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-895. Illness of juror after retirement - Accident or cause preventing keeping together - Discharge.

If, after the retirement of the jury, one of them become so sick as to prevent the continuance of his duty, or any other accident or cause occur to prevent their being kept together for deliberation, the jury may be discharged.
R.L.1910, § 5914. R.L.1910, § 5914.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-896. Discharge after agreement on verdict or showing of inability to agree.

Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict, and rendered it in open court, unless by the consent of both parties entered upon the minutes, or unless at the expiration of such time as the court deems proper, it satisfactorily appear that there is no reasonable probability that the jury can agree.
R.L.1910, § 5915.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-897. Retrial after discharge at same or other term.

In all cases where a jury are discharged or prevented from giving a verdict, by reason of an accident or other cause, except where the defendant is discharged from the indictment or information during the progress of the trial, or after the cause is submitted to them, the cause may be again tried at the same or another term, as the court may direct.
R.L.1910, § 5916.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-898. Court during jury's retirement - Sealed verdicts - Final adjournment for term discharges jury.

While the jury are absent the court may adjourn from time to time as to other business, but it is nevertheless deemed open for any purpose connected with the cause submitted to them until verdict is rendered or the jury discharged. If the jury agree on a verdict during a temporary adjournment or recess of the court, they may, upon the direction of the court, sign the verdict by their foreman, securely seal the same in an envelope, and deliver the same to the foreman, when they may separate until the next convening of the court, at which time they shall reassemble in the jury room and return their verdict in open court, when the same proceedings shall be had as in case of other verdicts. A final adjournment of the court for the term discharges the jury.
R.L.1910, § 5917.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-911. Return of jury into court upon agreement - Discharge on failure of some jurors to appear.

When the jury have agreed upon their verdict, they may be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that case the cause must be again tried, at the same or another term.
R.L.1910, § 5918.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-912. Presence of defendant required in felony cases when verdict received - Discretionary in misdemeanor cases.

If the indictment or information is for a felony, the defendant must, before the verdict is received, appear in person. If it is for a misdemeanor, the verdict may, in the discretion of the court, be rendered in his absence.
R.L.1910, § 5919.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-914. Form of verdict.

A general verdict upon a plea of not guilty, is either "guilty", or "not guilty", which imports a conviction or acquittal of the offense charged. Upon a plea of a former conviction or acquittal of the same offense, it is either "for the state", or "for the defendant". When the defendant is acquitted on the ground that he was insane at the time of the commission of the act charged, the verdict must be "not guilty by reason of insanity". When the defendant is acquitted on the ground of variance between the charge and the proof, the verdict must be "not guilty by reason of variance between charge and proof".
R.L.1910, § 5921.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-917. Several defendants - Verdict as to part - Retrial as to defendants not agreed on.

On an indictment or information against several, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury.
R.L.1910, § 5924.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-918. Jury may reconsider verdict of conviction for mistake of law - Return of same verdict.

When there is a verdict of conviction in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion, and direct the jury to reconsider their verdict, and if, after the reconsideration, they return the same verdict, it must be entered. But when there is a verdict of acquittal, the court cannot require the jury to reconsider it.
R.L.1910, § 5925.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-919. Informal verdict to be reconsidered.

If the jury render a verdict not in form, the court may, with proper instructions as to the law, direct them to reconsider it, and it cannot be recorded until it be rendered in some form from which it can be clearly understood what is the intent of the jury.
R.L.1910, § 5926.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-920. Judgment when jury persist in informal verdict.

If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant, upon the issue, or judgment be given against him on a special verdict.
R.L.1910, § 5927.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-922. Recording and reading verdict - Disagreement of jurors entered upon minutes - Discharge if no disagreement.

When the verdict is given, and is such as the court may receive, the clerk must immediately record it in full upon the minutes, and the judge or the clerk must read it to the jury and inquire of them whether it is their verdict. If any juror disagree, the fact must be entered upon the minutes, and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury must be discharged from the case.
Amended by Laws 1985, c. 119, § 1, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-923. Defendant discharged on acquittal - Variance resulting in acquittal may authorize new charges.

If a judgment of acquittal is given on a general verdict, and the defendant is not detained for any other legal cause, he must be discharged as soon as judgment is given, except that when the acquittal is for a variance between the proof and the indictment or information which may be obviated by a new indictment or information the court may order his detention to the end that a new indictment or information may be preferred in the same manner and with like effect as provided in cases where the jury is discharged.
R.L.1910, § 5930.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-924. Commitment upon conviction.

If a general verdict is rendered against the defendant he must be remanded if in custody, or if on bail he may be committed to the proper officer of the county to await the judgment of the court upon the verdict. When committed his bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant.
R.L.1910, § 5931.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-925. Claim of insanity - Duty of court and jury - Commitment to institution.

When it is contended on behalf of the defendant in any criminal prosecution that such defendant is at the time of the trial a person who is impaired by reason of mental retardation, a mentally ill person, an insane person, or a person of unsound mind, the court shall submit to the jury a proper form of verdict, and if the jury finds the defendant not guilty on account of such insanity, mental illness, or unsoundness of mind, they shall so state in their verdict, and the court shall thereupon order the defendant committed to the state hospital for the mentally ill, or other state institution provided for the care and treatment of cases such as the one before the court, until the sanity and soundness of mind of the defendant be judicially determined, and such person be discharged from the institution according to law.
R.L. 1910, § 5932. Amended by Laws 1998, c. 246, § 14, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-926.1. Assessment of punishment by jury.

In all cases of a verdict of conviction for any offense against any of the laws of the State of Oklahoma, the jury may, and shall upon the request of the defendant assess and declare the punishment in their verdict within the limitations fixed by law, and the court shall render a judgment according to such verdict, except as hereinafter provided.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 439, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-927.1. Punishment assessed by court.

Where the jury finds a verdict of guilty, and fails to agree on the punishment to be inflicted, or does not declare such punishment by their verdict, the court shall assess and declare the punishment and render the judgment accordingly.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 440, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-928.1. Excess punishment to be disregarded by court.

If the jury assesses a punishment, whether of imprisonment or fine, greater than the highest limit declared by law for the offense of which they convict the defendant, the court shall disregard the excess and pronounce sentence and render judgment according to the highest limit prescribed by law in the particular case.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 441, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-929. Remand for vacation of sentence - New sentencing proceeding - Construction of section.

A. Upon any appeal of a conviction by the defendant in a noncapital criminal case, the appellate court, if it finds prejudicial error in the sentencing proceeding only, may set aside the sentence rendered and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced for resentencing. No error in the sentencing proceeding shall result in the reversal of the conviction in a criminal case unless the error directly affected the determination of guilt.
B. When a criminal case is remanded for vacation of a sentence, the court shall:
1. Set the case for a nonjury sentencing proceeding; or
2. If the defendant was originally sentenced by a jury, impanel a new sentencing jury unless jury resentencing is waived by the defendant and the prosecutor.
C. The defendant may affirmatively waive resentencing before the appropriate trial court within ninety (90) days of the appellate court order remanding for resentencing; provided, however, the defendant may not waive resentencing after the commencement of the resentencing hearing or trial. The defendant may not waive resentencing on an appeal or petition for a writ of extraordinary relief sought by the prosecution or if the original sentence was unlawful. If the defendant affirmatively waives resentencing pursuant to this subsection, the original sentence shall be reinstated by the trial court. A sentence reinstated pursuant to this subsection shall not be appealable by the defendant.
D. All exhibits and a transcript of all testimony and other evidence properly admitted in the prior trial and sentencing shall be admissible in the new sentencing proceeding. The defendant may testify at his or her resentencing proceeding in accordance with the requirements of the Oklahoma Evidence Code. Additional relevant evidence may be admitted including testimony of witnesses who testified at the previous trial.
E. This section shall not be construed to amend or be in conflict with the provisions of Section 701.10 or 701.10a of Title 21 of the Oklahoma Statutes relating to sentencing and resentencing in death penalty cases; Section 860.1 of this title relating to the trial procedure for defendants prosecuted for second or subsequent offense; or the provisions of Sections 926.1 and 927.1 of this title relating to assessment of punishment in the original trial proceedings.
Added by Laws 1990, c. 261, § 1, emerg. eff. May 24, 1990. Amended by Laws 1997, c. 133, § 18, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 9, eff. July 1, 1999; Laws 2023, c. 205, § 1, eff. Nov. 1, 2023.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 18 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-951. New trial defined - Proceedings on new trial - Former verdict no bar - Capital cases.

A. A new trial is a reexamination of the issue in the same court, before another jury, after a verdict has been given. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew except of witnesses who are absent from the state or dead, in which event the evidence of such witnesses on the former trial may be presented; and the former verdict cannot be used or referred to either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment or information.
B. In capital cases, when an appeal has been taken and the cause has been remanded for a new trial, the court shall proceed as provided in subsection A of this section.
C. In capital cases, when an appeal has been taken and the cause has been remanded for resentencing, the prosecutor and court shall proceed as provided in Section 3 of this act.
R.L.1910, § 5936.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-952. Grounds for new trial - Affidavits and testimony.

A court in which a trial has been had upon an issue of fact has power to grant a new trial when a verdict has been rendered against a defendant by which his substantial rights have been prejudiced, upon his application in the following cases only:
First. When the trial has been in his absence, if the charge is for a felony.
Second. When the jury have received any evidence out of court, other than that resulting from a view of the premises.
Third. When the jury have separated without leave of the court, after retiring to deliberate on their verdict, and before delivering or sealing the same, if it be sealed, or have been guilty of any misconduct by which a fair and due consideration of the case has been prevented.
Fourth. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of the jury.
Fifth. When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial.
Sixth. When the verdict is contrary to law or evidence.
Seventh. When new evidence is discovered, material to the defendant, and which he could not with reasonable diligence have discovered before the trial, or when it can be shown that the grand jury was not drawn summoned or impaneled as provided by law, and that the facts in relation thereto were unknown to the defendant or his attorney until after the trial jury in the case was sworn and were not of record. When a motion for a new trial is made on the ground of newly discovered evidence, the defendant must produce at the hearing in support thereof affidavits of witnesses, or he may take testimony in support thereof as provided in Section 5781, and if time is required by the defendant to procure such affidavits or testimony, the court may postpone the hearing of the motion for such length of time as under all the circumstances of the case may seem reasonable. The application for a new trial on the ground that the grand jury was not drawn summoned or impaneled as provided by law may be shown in like manner.
R.L.1910, § 5937.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-953. Time for applying for new trial - Limitations.

The application for a new trial must be made before judgment is entered; but the court or judge thereof may for good cause shown allow such application to be made at any time within thirty (30) days after the rendition of the judgment. A motion for a new trial on the ground of newly discovered evidence may be made within three (3) months after such evidence is discovered but no such motion may be filed more than one (1) year after judgment is rendered, and if on the ground that the grand jury was not properly drawn or impaneled then the motion must be made within thirty (30) days after the judgment is rendered.
R.L.1910, § 5938; Laws 1969, c. 117, § 1, emerg. eff. April 3, 1969.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-954. Motion in arrest of judgment - Definition - Grounds - Time for.

A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on plea or verdict of guilty, or on a verdict against the defendant on a plea of former conviction or acquittal. It may be founded on any of the defects in the indictment or information mentioned as grounds of demurrer unless such objection has been waived by a failure to demur, and must be before or at the time the defendant is called for judgment.
R.L.1910, § 5939.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-955. Court may arrest on its own motion - Effect of allowing motion.

The court may also on its own view of any of these defects, arrest the judgment without motion. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment or information was filed, and in no case of arrest of judgment is the verdict a bar to another prosecution.
R.L.1910, § 5940.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-956. Proceedings after motion for arrest of judgment sustained.

If, from the evidence on the trial, there is reasonable ground to believe the defendant guilty, and a new indictment can be framed upon which he may be convicted, the court may order him to be recommitted to the officer of the proper county, or admitted to bail anew to answer the new indictment or information. If the evidence shows him guilty of another offense, he must be committed or held thereon; but if no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged, or, if admitted to bail, his bail is exonerated, or if money has been deposited instead of bail, it must be refunded to the defendant, and the arrest of judgment operates as an acquittal of the charge upon which the indictment or information was founded.
R.L.1910, § 5941. R.L.1910, § 5941.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-963. Defendant may be absent, when.

For the purpose of judgment, if the conviction is for misdemeanor judgment may be pronounced in the defendant's absence, unless such defendant is represented by an attorney of record, in which event, said attorney must be present unless said attorney waives appearance in writing or unless the said attorney has been notified of the time and date of imposition of judgment and fails to appear.
R.L.1910, § 5944; Laws 1968, c. 202, § 1, emerg. eff. April 19, 1968.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-965. Warrant for defendant not appearing - Forfeiture of bond or bail money.

If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of money deposited, may direct the clerk to issue a bench warrant for his arrest.
R.L.1910, § 5946. 0
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-966A. Bench warrant, fee for issuance of.

For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Added by Laws 1995, c. 132, § 2, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-967. Form of bench warrant.

The bench warrant must be substantially in the following form:
County of ......................
State of Oklahoma.
To any sheriff, constable, marshal or policeman in this state:
A B having been, on the ........ day of ......... A. D., 19...., duly convicted in the ......... court of the county of ........ of the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named A B and bring him before that court for judgment, or if the court has adjourned for the term, you are to deliver him into the custody of the sheriff of the county of ........ (as the case may be).
Given under my hand, with the seal of said court affixed, this ...... day of ........ A. D., 19....
By order of the court.
(Seal). E.F., Clerk.
R.L.1910, § 5948.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-970. Defendant informed of proceedings.

When the defendant appears for judgment, he must be informed by the court, or by the clerk under its direction, of the nature of the indictment or information, and his plea and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him.
R.L.1910, § 5951.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-971. Defendant may show cause against judgment - Grounds - Proceedings.

The defendant may show for cause against the judgment:
1. That the defendant is insane; and if, in the opinion of the court, there is reasonable ground for believing the defendant to be insane, the question of the defendant's insanity must be tried as hereinafter in this chapter. If upon the trial of that question the jury finds that the defendant is sane, judgment must be pronounced. If the jury finds the defendant insane, the defendant may be committed to one of the state institutions or hospitals for the mentally ill, until the defendant becomes sane, or be otherwise committed according to law. When notice is given of that fact, as hereinafter provided, the defendant must be brought before the court for judgment.
2. That the defendant has good cause to offer, either in arrest of judgment, or for a new trial, in which case the court may order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment, or for a new trial.
R.L. 1910, § 5932. Amended by Laws 1998, c. 246, § 15, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-973. Court may hear further evidence, when.

After a plea or verdict of guilty in a case where the extent of the punishment is left with the court, the court, upon the suggestion of either party that there are circumstances which may be properly taken into view, either in aggravation or mitigation of the punishment, may in its discretion hear the same summarily at a specified time and upon such notice to the adverse party as it may direct.
R.L.1910, § 5954.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-973a. Mitigating factor for veterans – PTSD.

A. When making a sentencing decision concerning a person who is a veteran, the court may consider as a mitigating factor that the person has been diagnosed as suffering from posttraumatic stress disorder resulting from his or her military service.
B. The defendant shall provide to the court documentary evidence that the defendant:
1. Has served in the Armed Forces of the United States of America in a combat zone, as defined in Section 112 of the Federal Internal Revenue Code of 1986. Proof of such service shall consist of a certification by the Director of the Department of Veterans Affairs; and
2. Has been diagnosed with a posttraumatic stress disorder connected to his or her service in the Armed Forces of the United States of America.
C. As used in this section, "posttraumatic stress disorder" means the same as such term is defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5, 2013), and occurred as a result of events during the service of the defendant in one or more combat zones.
Added by Laws 2016, c. 197, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-974. Testimony - How presented - Deposition of sick or infirm witness.

The circumstances must be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to attend, his deposition may be taken by a magistrate of the county out of court, at a specified time and place, upon such notice to the adverse party as the court may direct.
R.L.1910, § 5955.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-976. Concurrent sentences.

If the defendant has been convicted of two or more offenses, before judgment on either, the judgment may be that the imprisonment upon any one may commence at the expiration of the imprisonment upon any other of the offenses. Provided, that the sentencing judge shall, at all times, have the discretion to enter a sentence concurrent with any other sentence.
R.L. 1910, § 5957. Amended by Laws 1985, c. 20, § 2, eff. Nov. 1, 1985; Laws 1997, c. 133, § 68, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 19, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 68 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-977. Entry of judgment of conviction - Papers to be filed by clerk - Obtaining date of birth and social security number of defendant.

A. When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction has been had, and must immediately annex together and file the following papers, which constitute a record of the action:
1. The indictment and a copy of the minutes of the plea or demurrer;
2. A copy of the minutes of the trial;
3. The charges given or refused, and the endorsements, if any, thereon; and
4. A copy of the judgment, which shall include a notation of the month and year of birth date of the defendant and the last four digits of the Social Security number of the defendant. The judgment shall also contain the statutory reference to the felony crime the defendant was convicted of and the date of the offense.
B. The court shall obtain the month and year of birth date of the defendant and the last four digits of the Social Security number of the defendant.
R.L. 1910, § 5960. Amended by Laws 1993, c. 202, § 1, eff. Sept. 1, 1993; Laws 2003, c. 294, § 1, eff. Nov. 1, 2003; Laws 2016, c. 348, § 4, eff. Nov. 1, 2016; Laws 2018, c. 173, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-978. Certified copy of judgment furnished to officer - Officer authorized to execute judgment except of death.

When a judgment, except of death, has been pronounced, a certified copy of the entry thereof, upon the minutes, must be forthwith furnished to the officer, whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution.
R.L.1910, § 5961.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-979. Execution of judgment by sheriff in certain cases - Delivery to proper officer in other cases.

When the judgment is imprisonment in a county jail, or a fine, and that the defendant be imprisoned until it be paid, the judgment must be executed by the sheriff of the county or subdivision. In all other cases when the sentence is imprisonment, the sheriff of the county must deliver the defendant to the proper officer, in execution of the judgment.
R.L.1910, § 5964.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-980. Duty of sheriff when defendant sentenced to state prison.

If the judgment is for imprisonment in a state prison, the sheriff of the county or subdivision must, upon receipt of a certified copy thereof or authorized notification thereof, take and deliver the defendant to the warden of the Lexington Assessment and Reception Center or to a place determined by the Director of the Department of Corrections. The sheriff must also deliver to the Department of Corrections:
1. A certified copy of the judgment and sentence, unless the judgment and sentence has previously been sent electronically by an authorized clerk of the court;
2. A copy of any medical, dental, or mental health records of the defendant for conditions reviewed or treated while in the custody of the sheriff;
3. Any medication or medical or dental device prescribed for the defendant while in the custody of the sheriff or for a pre-existing condition;
4. Any forms required to be filed pursuant to the rules of the Court of Criminal Appeals at the time of the formal sentencing; and
5. Any forms of identification of the defendant that were in the possession of the defendant at the time of sentencing.
Upon delivery of the defendant with the required judgment, records and medication or devices, the sheriff must take from the Department of Corrections a receipt for the defendant, and make return thereof to the court.
R.L. 1910, § 5965. Amended by Laws 1978, c. 13, § 1, emerg. eff. Feb. 14, 1978; Laws 1998, c. 89, § 2, eff. July 1, 1998; Laws 1999, c. 51, § 1, eff. July 1, 1999; Laws 2003, c. 294, § 2, eff. Nov. 1, 2003; Laws 2004, c. 239, § 2, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-981. Authority of officer while conveying prisoner - Assistance of citizens - Penalty for refusing assistance.

The sheriff or his deputy while conveying the defendant to the proper prison in execution of a judgment of imprisonment has the same authority to require the assistance of any citizen of this state in securing the defendant and in retaking him if he escape, as if the sheriff were in his own county, and every person who refuses or neglects to assist the sheriff, when so required, is punishable as if the sheriff were in his own county.
R.L.1910, § 5966. Amended by Laws 1982, c. 25, § 1, operative Oct. 1, 1982.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-983a. Authority to waive fines, costs and fees.

A. On or after November 1, 2016, the court shall have the authority to waive all outstanding fines, court costs and fees in a criminal case for any person who:
1. Served a period of imprisonment in the custody of the Department of Corrections after conviction for a crime;
2. Has been released from the custody of the Department of Corrections;
3. Has complied with all probation or supervision requirements since being released from the custody of the Department of Corrections; and
4. Has made installment payments on outstanding fines, court costs, fees and restitution ordered by the court on a timely basis every month for the previous twenty-four (24) months following release from the custody of the Department of Corrections.
B. The provisions of this section shall not apply to amounts owed by the person for restitution to a victim pursuant to a court order or child support obligations pursuant to a court order.
Added by Laws 2016, c. 392, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-985.1. Departure from mandatory minimum sentencing – Requirements - Exceptions.

A. When sentencing a person convicted of a criminal offense for which there is a mandatory minimum sentence of imprisonment, the court may depart from the applicable sentence if the court finds substantial and compelling reasons on the record, after giving due regard to the nature of the crime, history, and character of the defendant and his or her chances of successful rehabilitation, that:
1. The mandatory minimum sentence of imprisonment is not necessary for the protection of the public; or
2. Imposition of the mandatory minimum sentence of imprisonment would result in substantial injustice to the defendant; or
3. The mandatory minimum sentence of imprisonment is not necessary for the protection of the public and the defendant, based on a risk and needs assessment, is eligible for an alternative court, a diversion program or community sentencing, without regard to exclusions because of previous convictions, and has been accepted to the same, pending sentencing.
B. The court shall not have the discretion to depart from the applicable mandatory minimum sentence of imprisonment on convictions for criminal offenses under the following circumstances:
1. The offense for which the defendant was convicted is among those crimes listed in Section 571 of Title 57 of the Oklahoma Statutes as excepted from the definition of "nonviolent offense";
2. The offense for which the defendant was convicted was a sex offense and will require the defendant to register as a sex offender pursuant to the provisions of the Sex Offenders Registration Act;
3. The offense for which the defendant was convicted involved the use of a firearm;
4. The offense for which the defendant was convicted is a crime listed in Section 13.1 of Title 21 of the Oklahoma Statutes requiring the defendant to serve not less than eighty-five percent (85%) of any sentence of imprisonment imposed by the judicial system prior to becoming eligible for consideration for parole;
5. The offense for which the defendant was convicted is a violation of the Trafficking in Illegal Drugs Act as provided in Sections 2-414 through 2-420 of Title 63 of the Oklahoma Statutes;
6. The defendant was the leader, manager or supervisor of others in a continuing criminal enterprise; or
7. The offense for which the defendant was convicted is a violation of the Oklahoma Antiterrorism Act as provided in Sections 1268 through 1268.8 of Title 21 of the Oklahoma Statutes.
C. Any departure from the mandatory minimum sentence as authorized in this section shall not reduce the sentence to less than twenty-five percent (25%) of the mandatory term.
Added by Laws 2015, c. 243, § 2, eff. Nov. 1, 2015. Amended by Laws 2018, c. 128, § 3, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-985.2. Departures report.

The district court clerk of each county shall submit a report of the departures in sentencing to the Clerk of the Court of Criminal Appeals on or before the first day of February of each year. On or before the first day of March of each year the Clerk of the Court of Criminal Appeals shall make available, in digital electronic format and on the website of the Oklahoma Court of Criminal Appeals, a report as to the number of departures from mandatory minimum sentences made by each judge in the state during the previous calendar year.
Added by Laws 2015, c. 243, § 3, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.3. Purpose of act.

The purposes of the Oklahoma Community Sentencing Act are to:
1. Protect the public;
2. Establish a statewide community sentencing system;
3. Adequately supervise offenders punished under a court-ordered community sentence;
4. Provide a series of sanctions to the court for eligible offenders sentenced to a community sentence within the community sentencing system;
5. Increase the availability of punishment and treatment programs to eligible offenders;
6. Improve the criminal justice system within this state through public/private partnerships, reciprocal and interlocal governmental agreements, and interagency cooperation and collaboration; and
7. Operate effectively within the allocation of state and local resources for the criminal justice system.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 3, eff. July 1, 1999. Amended by Laws 2003, c. 341, § 2, eff. Nov. 1, 2003; Laws 2023, c. 79, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.4. Mandatory local system.

In jurisdictions where a community sentencing system has not been established prior to the effective date of this act, the Chief Judge of the Judicial District shall establish the geographic boundaries of a community sentencing system which shall be the boundaries of each county, unless the Chief Judge establishes one or more multicounty community sentencing systems consisting of two or more contiguous counties within the judicial district; provided, however, the consent of the sheriff of each affected county and each district attorney operating within each of the subject counties must be obtained before a county may join a proposed multicounty community sentencing system. Multicounty community sentencing systems may be established by the Chief Judge of a Judicial District with the consent of each local council affected in such manner as provided by rules promulgated by the Community Sentencing Division within the Department of Corrections.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 4, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.6. Planning council duties.

A. Each community sentencing planning council shall:
1. Plan the local community sentencing system within allocated funds and other available resources according to the provisions of the law and with the assistance of the Community Sentencing Division of the Department of Corrections;
2. Promulgate rules for functioning of the planning council which are consistent with the provisions of this act;
3. Prepare a detailed plan within the provisions of law and rule each fiscal year with an accompanying budget for the local community sentencing system;
4. Identify local resources by type, cost and location which are available to serve the court for eligible offenders sentenced to the community;
5. Identify qualified service providers to deliver services to the court for eligible offenders sentenced to the community;
6. Assist in monitoring the sentencing practices of the court to ensure the local community sentencing system functions within the allocation of resources and according to the provisions of this act;
7. Assist in preparing information necessary for qualified services to support the local community sentencing system plan as provided in Section 988.7 of this title;
8. Identify and advocate the use of interlocal governmental agreements for qualified services where services are not available within the jurisdiction or where services may be delivered in a more cost-effective manner by another jurisdiction;
9. Form multicounty systems as may be necessary to conserve state or local resources or to implement an appropriate range of services to the court;
10. Review and recommend services for cost-effectiveness and performance-based evaluation;
11. Identify various sources of funding and resources for the local community sentencing system including a variety of free services available to the court;
12. Assist in developing public/private partnerships in the local jurisdiction, reciprocal agreements, and interagency cooperation and collaboration to provide appropriate services and support to the system; and
13. Assist in promoting local involvement and support for the provisions of the Oklahoma Community Sentencing Act.
B. Each community sentencing planning council may employ a local director and other personnel to perform the duties of the local community sentencing system, subject to the availability of funds. Such council may contract with a county to provide benefits and payroll services to such personnel.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 6, eff. July 1, 1999. Amended by Laws 2015, c. 331, § 2, eff. Nov. 1, 2015; Laws 2023, c. 79, § 3, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.8. Community services and sentencing options.

A. A community sentencing system established pursuant to the provisions of the Oklahoma Community Sentencing Act shall include those community punishments and programs and services enumerated and funded in the annual plan submitted to the Community Sentencing Division within the Department of Corrections and any other services or punishments subsequently added and funded during a plan year. The options may not be utilized for offenders not meeting the eligibility criteria of programs and score requirements for the risk and needs assessment. Each local system shall strive to have available to the court all of the following services for eligible offenders:
1. Community service with or without compensation to the offender;
2. Substance abuse treatment and availability for periodic drug testing of offenders following treatment;
3. Varying levels of supervision by the Department of Corrections probation officers or another qualified supervision source, including specialized supervision for repeat offenders, offenders with convictions for sex crimes, offenders with conviction for domestic violence offenses and offenders with diagnosed mental health needs;
4. Education and literacy provided by the State Department of Education, the county library system, the local school board, or another qualified source;
5. Employment opportunities and job skills training provided by the Oklahoma Department of Career and Technology Education or another qualified source;
6. Cognitive behavioral treatment and any other programming or treatment needs as identified based on the results of the risk and needs assessment administered under this section;
7. Enforced collections provided by the local court clerk, or another state agency; and
8. The availability of county jail or another restrictive housing facility for limited disciplinary sanctions.
B. The court may order as a community punishment for an eligible offender any condition listed as a condition available for a suspended sentence.
C. In all cases in which an offender is sentenced to a community punishment, the offender shall be ordered as part of the terms and conditions of the sentence to pay for the court ordered sanction, based upon ability to pay. Payments may be as provided by court order or pursuant to periodic payment schedules established by the service provider. If the offender does not have the financial ability to pay for the court ordered sanction, payment shall be made from funds budgeted for the local community sentencing system.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 8, eff. July 1, 1999. Amended by Laws 2001, c. 33, § 22, eff. July 1, 2001; Laws 2002, c. 165, § 2, eff. July 1, 2002; Laws 2018, c. 128, § 5, eff. Nov. 1, 2018.