reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.9. Fees and costs.

A. Any offender sentenced to a community sentence pursuant to the Oklahoma Community Sentencing Act which requires supervision shall be required to pay a supervision fee. The supervising agency shall establish the fee amount, not to exceed Forty Dollars ($40.00) per month, based upon the offender's ability to pay. In hardship cases the supervising agency may expressly waive all or part of the fee. No supervising agency participating in a local community sentencing system shall deny any offender supervision services for the sole reason that the offender is indigent. Fees collected for supervision services performed by the Department of Corrections shall be paid directly to the Department to be deposited in the Department of Corrections Revolving Fund. Supervision services performed by contracted providers other than the Department shall be paid directly to that contracted provider.
B. In addition to any supervision fee, eligible offenders participating in a local community sentencing system under a court-ordered community punishment shall be required to pay an administrative fee to support the local system which shall not exceed Twenty Dollars ($20.00) per month to be set by the court. Administrative fees when collected shall be deposited with the Community Sentencing Division within the Department of Corrections and credited to the local community sentencing system for support and expansion of the local community corrections system. In the event the court fails to order the amount of the administrative fee, the fee shall be Twenty Dollars ($20.00) per month.
C. In addition to any supervision fee and administrative fee authorized by this section, the court shall assess court costs, and may assess program reimbursement costs, restitution, and fines to be paid by the offender. With the exception of supervision fees, other fees, costs, fines, restitution, or monetary obligations ordered to be paid by the offender shall not cease with the termination of active supervision and such obligations shall continue until fully paid and may be collected in the same manner as court costs.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 9, eff. July 1, 1999. Amended by Laws 2002, c. 165, § 3, eff. July 1, 2002; Laws 2011, c. 218, § 2, eff. Nov. 1, 2011; Laws 2019, c. 134, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.10. Resource-limited system.

A. It is the responsibility of the planning council, the sentencing judge, and the local administrator to ensure that the expenditure of funds within the local community sentencing system is appropriately made only for eligible offenders within the range of services offered to the court. It is further the responsibility of the local system, the prosecutor, the defense attorney, and sentencing court to keep an awareness of the local correctional resources and to utilize those resources in the most efficient manner when punishing eligible offenders with community punishments.
B. The sentencing judge when imposing any punishment pursuant to the provisions of the Oklahoma Community Sentencing Act shall consider the most cost-effective treatment specifically targeted for the offender's needs as determined by the Level of Services Inventory (LSI) report or assessment instrument.
C. The statewide system and each local system is required to monitor sentencing practices and eligibility requirements, prioritize expenditures, and operate within available resources for eligible offenders.
D. The Community Sentencing Division within the Department of Corrections shall not fund any community sentencing system beyond the accepted budget amounts in any fiscal year.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 10, eff. July 1, 1999. Amended by Laws 2019, c. 134, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.11. Performance-based evaluations.

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.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 11, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.12. Custody of offenders – Medical expenditures.

A. Any person sentenced to a community punishment pursuant to the provisions of the Oklahoma Community Sentencing Act shall not be deemed an inmate, nor shall the person be considered to be in the custody of the Department of Corrections, nor shall the person require processing through the Lexington Reception and Assessment Center. Persons sentenced to community punishment pursuant to the Oklahoma Community Sentencing Act shall be in community custody within the county.
B. Except as otherwise specifically provided by law, persons sentenced to a community punishment which does not include incarceration shall not have medical or dental expenses paid by the Department of Corrections or reimbursed by the Community Sentencing Division.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 12, eff. July 1, 1999. Amended by Laws 2002, c. 165, § 4, eff. July 1, 2002; Laws 2008, c. 366, § 3, emerg. eff. June 3, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.13. Local administrator.

A. Each local community sentencing system shall collaborate with a local administrator who shall be employed by the Community Sentencing Division within the Department of Corrections. The local administrator shall have the duty to:
1. Assist in administering the day-to-day operation of the local community sentencing system within the approved budget and plan and according to the provisions of the Oklahoma Community Sentencing Act and any rules promulgated by the Division;
2. Assist the planning council in the jurisdiction in identifying resources, collecting data on sentencing practices, and preparing the annual plan and supporting budget;
3. Provide the court with a listing of available services within the local community sentencing system for purposes of imposing a community sentence;
4. Carry out court orders pursuant to the provisions of the Oklahoma Community Sentencing Act as provided in the offender's judgment and sentence;
5. Assist offenders in locating service providers who are participating in the local system according to the terms of the community sentence;
6. Report to the judge all completions and violations of court orders for community sentences or community punishments;
7. Keep accurate records for the local system and coordinate those records for monitoring by the Community Sentencing Division;
8. Monitor the local service providers to assure appropriate delivery of services to both the offender and the local system;
9. Coordinate support for the planning council and the sentencing court;
10. Ensure that restitution, reimbursements, fines, costs, and other payments and fees are paid to and deposited with the appropriate entity;
11. Report to the Community Sentencing Division within the Department of Corrections any complaints or service delivery problems;
12. Ensure criminal disposition reports on community sentences are made to appropriate state and federal agencies; and
13. Perform other functions as specified by the Community Sentencing Division within the Department of Corrections for purposes of implementing the provisions of the Oklahoma Community Sentencing Act.
B. The local administrator shall collaborate with and assist all existing county employees when a county has a preexisting community program operated at county expense. In the event state funding is to be provided for continuing an existing program, the Division shall promulgate rules for continuing an existing program.
C. When a service provider is selected to be part of the local community sentencing system, the employees of that service provider shall not become employees of the county, the local community sentencing system, or the state by virtue of any contractual agreement or payments from the state.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 13, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.14. State agency - Creation.

A. There is hereby created within the Department of Corrections the "Community Sentencing Division". The purpose of the Division shall be to implement and administer the Oklahoma Community Sentencing Act and any provisions of law relating to the operation and management of a statewide community sentencing system.
B. The Community Sentencing Division shall employ an executive management staff consisting of a deputy director and such other employees as authorized by the Legislature and subject to appropriations, who shall be unclassified state employees. In addition to the executive management staff, there shall be an appropriate number of local community sentencing system administrators as authorized by the Legislature and subject to appropriations, who shall be unclassified state employees of the Division. The deputy director of the Division shall report directly to the Director of the Department of Corrections or designee. The Legislature shall provide the Department of Corrections sufficient funds for administrative support to the Division, and the Division shall have a separate legislative appropriation for the implementation and operation of the statewide community sentencing system pursuant to the provisions of the Oklahoma Community Sentencing Act. The Director of the Department of Corrections or designee shall hire and set the salary of the executive management staff. The deputy director of the Division shall hire the local administrators.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 14, eff. July 1, 1999. Amended by Laws 2019, c. 134, § 3, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.17. Development and use of community sentence assessment and evaluation tests.

A. The Department of Corrections shall utilize the Level of Services Inventory (LSI) assessment instrument, or another assessment that evaluates criminal risk to recidivate, to evaluate all eligible offenders sentenced to community punishments under the Oklahoma Community Sentencing Act. This assessment shall not be waived and is required for eligibility determination.
B. The Administrative Office of the Courts shall assist in promulgating instructions and forms necessary for the courts' use of the required assessment. In collaboration with the Department of Corrections, all state agencies shall provide technical assistance necessary to implement and monitor the Oklahoma Community Sentencing Act in the areas of their expertise and experience, and shall offer services to local community sentencing systems.
C. All participating state agencies and local planning councils are directed to promulgate rules necessary to implement the provisions of the Oklahoma Community Sentencing Act. When promulgating the rules, participating state agencies and local planning councils shall collaborate with the Division so their rules enhance the effectiveness of the statewide community sentencing system and statewide goals established for the criminal justice system.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 17, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.20. Disciplinary sanctions or incentives.

A. Upon proper motion to the court to modify a community sentence as provided in Section 988.19 of this title, the judge shall have authority to impose disciplinary sanctions or incentives. An order for a disciplinary sanction shall not modify the terms of the original sentence and shall be imposed only to gain compliance with the terms of the court-ordered community punishment. The court may order any community punishment available and funded in the jurisdiction that is deemed appropriate by the judge for the circumstance including, but not limited to, a term of imprisonment specified in Section 991b of this title per motion for modification in either:
1. The county jail;
2. A residential treatment facility;
3. A restrictive housing facility; or
4. A halfway house.
When the offender is to be confined, the sheriff shall, upon order of the court, deliver the offender to the designated place of confinement, provided the place of confinement has an agreement for confinement services with the local community sentencing system or is the county jail. The sheriff shall be reimbursed by the local community sentencing system for transporting offenders pursuant to this subsection. The offender shall be given day-for-day credit for any terms of incarceration served in the county jail or other restrictive facility when the sentence is modified.
B. The court may, through a standing court order, provide for specific sanctions and incentives which may be utilized by the local administrator upon notification to the court.
C. When a motion for modification has been filed pursuant to Section 988.19 of this title, the court shall have authority to offer incentives to offenders to encourage proper conduct in the community and for compliance with the community punishments. The court shall use its discretion in ordering appropriate incentives. Incentives shall be considered a reduction and modification to the community punishment and may be ordered after the motion to modify has been heard.
D. When any offender is disciplined by the court as authorized by this section and is to be imprisoned in the county jail or other restrictive facility, the sheriff or facility administrator shall receive compensation as provided by their agreement with the local community sentencing system, or the sheriff or facility administrator shall be paid directly for the services by the offender when ordered to pay for the confinement as part of the disciplinary sanction. In no event shall any compensation for disciplinary confinement exceed the maximum amount provided for county jail confinement in Section 38.1 of Title 57 of the Oklahoma Statutes.
E. The Department of Corrections is prohibited from accepting offenders into any state penitentiary for disciplinary sanctions.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 20, eff. July 1, 1999. Amended by Laws 2000, c. 39, § 2, emerg. eff. April 10, 2000; Laws 2018, c. 128, § 8, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.21. Earned credits.

Any law directing earned credits during periods of imprisonment or otherwise, including Sections 20, 58.3, 138, 138.1 and 224 of Title 57 of the Oklahoma Statutes and Section 615 of Title 69 of the Oklahoma Statutes, shall not be applicable to persons sentenced to a community sentence pursuant to the provisions of the Oklahoma Community Sentencing Act. Day-for-day credits for any term of incarceration served as part of a community punishment shall be given to offenders who have community sentences revoked to county jail or state prison and also shall be given when a community sentence is modified.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 21, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.22. Completion of community sentence.

A. Any offender ordered to participate in the local community sentencing system shall be advised of the conditions of the specific program or service to which he or she is assigned.
B. Upon completion of any court-ordered provision, pursuant to the Oklahoma Community Sentencing Act, the supervising agency or contracted provider shall file a statement with the court defining the provision which has been successfully completed. When all court-ordered provisions have been successfully completed the defendant shall be deemed to have completed the community punishment.
C. The provisions of the Oklahoma Community Sentencing Act shall not confer any rights upon the defendant to avoid a term of imprisonment prescribed by law for the offense, nor grant any additional rights to appeal for failure to be offered any specific punishment or treatment option available to the court.
D. A community sentence pursuant to the Oklahoma Community Sentencing Act shall not require active supervision, programs or services for more than three (3) years, but may continue beyond the three-year limitation for the purpose of completing court-ordered restitution payments.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 22, eff. July 1, 1999. Amended by Laws 2002, c. 165, § 7, eff. July 1, 2002; Laws 2018, c. 128, § 9, eff. Nov. 1, 2018; Laws 2021, c. 369, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.23. Immunity from liability.

All state and local government agencies and their officers and employees, citizens serving as members of a community sentencing planning council, community service agencies, nonprofit organizations, educational or vocational-technical entities, and other providers participating in a community sentencing system or contracting to provide services to the system pursuant to the provisions of the Oklahoma Community Sentencing Act are hereby granted immunity from liability for acts of any offender participating in a community sentencing system pursuant to the provisions of the Administrative Workers' Compensation Act and for torts committed by or against any offender participating in a community sentencing system to the extent specified in Sections 227 and 228 of Title 57 of the Oklahoma Statutes or as provided in the Governmental Tort Claims Act.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 23, eff. July 1, 1999. Amended by Laws 2015, c. 331, § 3, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-988.24. Community sentencing program pilot projects for persons whose suspended sentences have been revoked.

The Department of Corrections may establish pilot projects that allow a person whose suspended sentence has been revoked by the court to participate in the community sentencing program, subject to the availability of funds.
Added by Laws 2002, c. 91, § 1, eff. July 1, 2002.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-990.1. Uniform supervision form - Requisites.

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.
Added by Laws 1998, c. 191, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-990a-1.1. Sentencing procedures.

When sentencing an eligible offender on or after March 1, 2000, to a community punishment, the sentencing court shall impose a deferred or suspended sentence and then proceed to determine at the sentencing hearing the terms and conditions of the community punishment which shall be ordered as conditions of the deferred or suspended sentence.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 24, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991a-2. Nonviolent felony offenders - County jail imprisonment - 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.
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.
Added by Laws 1983, c. 130, § 1, emerg. eff. May 19, 1983. Amended by Laws 1997, c. 133, § 66, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 17, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 4, § 26, eff. July 1, 1999; Laws 2008, c. 366, § 4, emerg. eff. June 3, 2008.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 66 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991a-3. Restitution of buyer of property unlawfully obtained.

A. Upon a verdict or plea of guilty or upon a plea of nolo contendere for an offense in which any property is unlawfully obtained and the property is sold, traded, bartered, pledged or pawned, the court may order the defendant to provide restitution to the buyer, recipient or pledgee of the property for the value of any consideration paid, loaned or given for the property unless the buyer, recipient or pledgee has violated the provisions of Section 1092, 1093 or 1713 of Title 21 of the Oklahoma Statutes. Such restitution shall be in addition to any restitution to the victim and shall be in addition to any other penalties provided by law. Restitution to the buyer, recipient or pledgee shall be ordered pursuant to the provisions of subparagraph a of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes.
B. The buyer of any property which has been unlawfully obtained and which is lawfully returned to its rightful owner shall have the right to bring a civil action against the person who sold, traded, bartered, pledged or pawned the property for the value of any consideration paid, loaned or given for the property unless the buyer has violated the provisions of Section 1092, 1093 or 1713 of Title 21 of the Oklahoma Statutes.
Added by Laws 1987, c. 152, § 1, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991a-14. Purpose.

The purpose and intent of the Elderly and Incapacitated Victim's Protection Program is to provide enhanced sentencing for persons committing certain offenses against elderly or incapacitated persons.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 443, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991a-15. Definitions.

As used in the Elderly and Incapacitated Victim's Protection Act:
1. “Elderly person” means any person sixty-two (62) years of age or older; and
2. “Incapacitated person” means any person who is disabled by reason of mental or physical illness or disability to such extent the person lacks the ability to effectively protect self or property.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 444, eff. July 1, 1999. Amended by Laws 2008, c. 314, § 3, eff. July 1, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991a-16. Offenses to which program applies.

The provisions of the Elderly and Incapacitated Victim's Protection Act shall apply to any person convicted of one or more of the following offenses where the victim is an elderly or incapacitated person as defined in Section 991a-15 of this title:
1. Assault, battery, or assault and battery with a dangerous weapon;
2. Aggravated assault and battery;
3. Burglary in the second degree;
4. Use of a firearm or offensive weapon to commit or attempt to commit a felony, or pointing a firearm;
5. Grand larceny;
6. Extortion, or obtaining a signature by extortion;
7. Fraud, or obtaining or attempting to obtain property by trick or deception;
8. Embezzlement; or
9. Caretaker abuse, neglect or exploitation.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 445, eff. July 1, 1999. Amended by Laws 2008, c. 314, § 4, eff. July 1, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991a-17. Enhancement of sentence.

Whenever a person is convicted of an offense enumerated in Section 445 of this act in which the victim is elderly or incapacitated, the court shall upon conviction:
1. Commit the defendant for confinement as provided by law; provided, the first thirty (30) days of the sentence shall not be subject to probation, suspension or deferral; provided further, this mandatory minimum period of confinement shall be served in the county jail as a condition of a suspended or deferred sentence, pursuant to Section 991a of Title 22 of the Oklahoma Statutes and may be served by night or weekend incarceration pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes; and
2. a.
Require restitution be paid to the victim for out-of-pocket expenses, loss or damage to property and medical expenses for injury proximately caused by the conduct of the defendant pursuant to Section 447 of this act, or
b.
Assign the offender to perform a required term of community service, according to a schedule consistent with the employment and family responsibility of the person convicted, or
c.
Require restitution as provided in subparagraph a of this paragraph and community service as provided in subparagraph b of this paragraph; and
3. The court may further impose a fine or any other penalty otherwise provided by law.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 446, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991a-18. Restitution to victim – Modification or revocation of sentence.

A. The court shall at the time of sentencing:
1. Determine whether the property may be restored in kind to the owner or the person entitled to possession thereof;
2. Determine whether defendant is possessed of sufficient skill to repair and restore property damaged;
3. Provide restitution to the victim according to a schedule of payments established by the sentencing court, together with interest upon any pecuniary sum at the rate of twelve percent (12%) per annum, if the defendant agrees to pay such restitution or, in the opinion of the court, the defendant is able to pay such restitution without imposing manifest hardship on the defendant or the immediate family of the defendant; and
4. Determine the extent of the out-of-pocket expenses, loss or damage to property and injury to the victim proximately caused by the conduct of the defendant.
B. The court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant and after granting such credit, the court shall assess the actual out-of-pocket expenses, losses, damages and injuries suffered by the victim.
C. In no event shall a victim be entitled to recover restitution in excess of the actual out-of-pocket expenses, losses, damages and injuries, proximately caused by the conduct of the defendant and restitution shall not be ordered to be paid on account of pain or suffering, provided however, that nothing in this section shall abridge or preclude any victim from the civil right to recover damages by separate civil cause of action brought against the defendant.
D. If the defendant fails to pay restitution in the manner or within the time period specified by the court, the court may enter an order directing the sheriff to seize any real or personal property of the defendant to the extent necessary to satisfy the order of restitution and dispose of such property by public sale. All property seized for the purposes of satisfying restitution shall be seized under the procedures established in Section 448 of this act.
E. A sentence including provisions of restitution may be modified or revoked by the court if the offender commits another offense, or the offender fails to make restitution as ordered by the court, but no sentencing provision to make restitution shall be modified if the court finds that the offender has had the financial ability to make restitution, and the offender has willfully refused to do so. If the court shall find that the defendant has failed to make restitution and that the failure is not willful, the court may impose an additional period of time within which to make restitution. The length of said additional period shall not be more than two (2) years. The court shall retain all of the incidents of the original sentence, including the authority to revoke or further modify the sentence if the conditions of payment are violated during such additional period.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 447, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991a-20. Second and subsequent offenses.

A. Every person who, having been convicted of any offense against an elderly or incapacitated person, as enumerated in Section 445 of this act, commits any crime against an elderly or incapacitated person after such conviction is punishable as follows:
1. If the offense of which such person is subsequently convicted is such that upon a first conviction an offender would be punishable by imprisonment in the State Penitentiary for any term exceeding five (5) years, such person is punishable by imprisonment in the State Penitentiary for a term not less than ten (10) years; or
2. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the State Penitentiary for five (5) years or less, then the person convicted of such subsequent offense is punishable by imprisonment in the State Penitentiary for a term not exceeding fifteen (15) years.
B. Every person who, having been twice convicted of felony offenses against an elderly or incapacitated person, commits a third felony offense against an elderly or incapacitated person within ten (10) years of the date following the completion of the execution of the first sentence, shall be punishable by imprisonment in the State Penitentiary for a term of not less than twenty (20) years.
C. All felony offenses arising out of the same transaction or occurrence or series of events closely related in time and location shall be considered as one offense for the purposes of this section.
D. Nothing in this section shall affect the punishment by death or life imprisonment without parole in all crimes now or hereafter made punishable by death or life imprisonment without parole.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 449, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991g. Local crimestoppers programs - Qualification for repayment of rewards - Audits - Certification - Use of funds.

A. The Office of the Attorney General, at the request of the court, shall determine whether a local crimestoppers program is qualified to receive repayments of rewards pursuant to Section 1 of this act. The Office of the Attorney General shall approve the local crimestoppers program to receive those repayments if, considering the organization, continuity, leadership, community support, audit pursuant to subsection B of this section and general conduct of the program, the Office of the Attorney General determines that the repayments will be spent to further the crime prevention purposes of the program.
B. Prior to certification by the Office of the Attorney General for a local crimestoppers program to receive repayments pursuant to Section 1 of this act, each program is subject to an audit by an independent accounting firm which must be submitted to the Office of the Attorney General for review. In order to maintain certification, the program shall be so audited each year and the audit submitted prior to July 1 of each year.
C. The Office of the Attorney General may certify a local crimestoppers program for purposes of Section 1 of this act even if a judge has not requested a determination for that program and may maintain a current list of approved local crimestoppers programs.
D. A local crimestoppers program certified by the Office of the Attorney General to receive repayments pursuant to Section 1 of this act shall use that money for the sole purpose of rewards to persons who report information on criminal activity only if that information leads to a defendant being indicted for or charged by information with a felony offense.
Added by Laws 1991, c. 17, § 2, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-991h. Order of no contact.

In addition to the other sentencing powers of the court, when sentencing a person who has been convicted, whether upon a verdict or plea of guilty or nolo contendere, or who has received a suspended sentence or any probationary term for a crime or an attempt to commit a crime provided for in:
1. Section 843.5 of Title 21 of the Oklahoma Statutes, if the offense involved sexual abuse or sexual exploitation, as those terms are defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes;
2. Section 681 of Title 21 of the Oklahoma Statutes, if the offense involved sexual assault;
3. Section 741 of Title 21 of the Oklahoma Statutes, if the offense involved sexual abuse or sexual exploitation;
4. Section 748 of Title 21 of the Oklahoma Statutes, if the offense involved human trafficking for commercial sex;
5. Section 843.1 of Title 21 of the Oklahoma Statutes, if the offense involved sexual abuse or sexual exploitation;
6. Section 852.1 of Title 21 of the Oklahoma Statutes, if the offense involved sexual abuse of a child;
7. Section 866, 885, 886, 888 or 891 of Title 21 of the Oklahoma Statutes, if the offense involved sexual abuse or sexual exploitation;
8. Section 1021, 1021.2, 1021.3, 1024.2 or 1029 of Title 21 of the Oklahoma Statutes, if the offense involved child prostitution;
9. Section 1040.8 of Title 21 of the Oklahoma Statutes, if the offense involved child pornography; or
10. Section 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes,
the court shall issue an order that the defendant shall have no contact directly or indirectly with the victim or the family of the victim during the full term of the confinement of the defendant, term of probation, period of deferment or term of confinement and probation of the defendant.
Added by Laws 2019, c. 364, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-994. Suspension of judgment and sentence after appeal.

After appeal, when any criminal conviction is affirmed, either in whole or in part, the court in which the defendant was originally convicted may suspend the judgment and sentence as otherwise provided by law. Jurisdiction for such suspension shall be vested in said trial court by a request by the defendant within ten days of the final order of the Court of Criminal Appeals. Any order granting or denying suspension made under the provisions of this section is a nonappealable order.
Laws 1965, c. 160, § 1, emerg. eff. May 26, 1965.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-996. Short title - Regimented Inmate Discipline (RID) Program.

Sections 996 through 996.3 of this title shall be known and may be cited as the "Delayed Sentencing Program for Young Adults”. This act is also recognized as the Regimented Inmate Discipline (RID) Program.
Added by Laws 1987, c. 119, § 1, eff. Nov. 1, 1987. Amended by Laws 2003, c. 323, § 1, eff. July 1, 2003.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-996.2. Implementation and scope of program.

The Department of Corrections shall establish and carry out the provisions of the Delayed Sentencing Program for Young Adults. The Program shall be not less than one hundred eighty (180) days nor more than one (1) year and shall provide a structured environment of intense confinement, supervision, treatment, discipline, and vocational or educational components designed specifically for the offender.
Added by Laws 1987, c. 119, § 3, eff. Nov. 1, 1987. Amended by Laws 2003, c. 323, § 3, eff. July 1, 2003.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1001. Judgment of death - Warrant.

When judgment of death is rendered, the judge must sign and deliver to the sheriff of the county a warrant duly attested by the clerk, under the seal of the court, stating the conviction and judgment and appointing a day on which the judgment is to be executed, which must be not less than sixty (60) nor more than ninety (90) days from the time of the judgment and must direct the sheriff to deliver the defendant within ten (10) days from the time of judgment to the warden of the state prison at McAlester, in this state, for execution.
R.L.1910, § 5967; Laws 1913, c. 113, p. 206, § 2.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1004. Reprieve and suspension of execution - Authority of officers.

No judge, court or officer, other than the Governor, can reprieve or suspend the execution of the judgment of death, except the warden of the said state prison, to whom he is delivered for execution in the cases provided in the next seven sections, unless an appeal is taken.
R.L.1910, § 5970; Laws 1913, c. 113, p. 207, § 3.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1010. Pregnancy of prisoners - Judicial investigation.

If it is a alleged that a female prisoner under judgment of death is pregnant, the warden must notify the district attorney of the county in which the prison is situated whose duty is to immediately file with the district court a petition stating such allegation. A hearing must be conducted by a judge of that district court to determine the validity of the allegation. Enforcement of the judgment is suspended upon the filing of the petition, pending the outcome of the hearing.
Upon filing of the petition a judge of the district court shall appoint a physician licensed under the laws of the State of Oklahoma to conduct a medical examination for pregnancy of the female prisoner. Such examination shall be conducted within thirty (30) days prior to the hearing. The report of the examining physician shall be submitted to the court as evidence. The court may also hear any other evidence that may be presented. The court shall make a written finding to be filed with the court clerk as a part of the permanent record.
R.L.1910, § 5976; Laws 1913, c. 113, p. 208, § 7; Laws 1973, c. 101, § 1, emerg. eff. May 2, 1973.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1011. Execution of judgment - Suspension when defendant pregnant - Execution when pregnancy ceases.

If it is found that a female is not pregnant the warden must execute the judgment. If it is found that she is pregnant, the warden must suspend the execution of the judgment and transmit a certified copy of the findings and certificate to the Governor. When the Governor receives from the warden a certificate that the defendant is no longer pregnant, he must issue to the warden his warrant appointing a day for the execution of the judgment.
R.L.1910, § 5977; Laws 1913, c. 113, p. 209, § 8.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1014. Manner of inflicting punishment of death.

A. The punishment of death shall be carried out by the administration of a lethal quantity of a drug or drugs until death is pronounced by a licensed physician according to accepted standards of medical practice. For purposes of this subsection, the Uniform Controlled Dangerous Substances Act shall not apply to the Department of Corrections or to any person who participates in the execution or administers one or more controlled dangerous substances.
B. If the execution of the sentence of death as provided in subsection A of this section is held unconstitutional by an appellate court of competent jurisdiction or is otherwise unavailable, then the sentence of death shall be carried out by nitrogen hypoxia.
C. If the execution of the sentence of death as provided in subsections A and B of this section is held unconstitutional by an appellate court of competent jurisdiction or is otherwise unavailable, then the sentence of death shall be carried out by electrocution.
D. If the execution of the sentence of death as provided in subsections A, B and C of this section is held unconstitutional by an appellate court of competent jurisdiction or is otherwise unavailable, then the sentence of death shall be carried out by firing squad.
R.L. 1910, § 5981. Amended by Laws 1913, c. 113, p. 206, § 1; Laws 1951, p. 63, § 1, emerg. eff. May 26, 1951; Laws 1977, c. 41, § 1; Laws 2011, c. 70, § 1, eff. Nov. 1, 2011; Laws 2015, c. 75, § 1, eff. Nov. 1, 2015; Laws 2017, c. 348, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1016. Warden's return upon death warrant.

After the execution, the warden must make a report upon the death warrant to the court by which the judgment was rendered, showing the time, mode and manner in which it was executed.
R.L.1910, § 5984. Amended by Laws 1913, c. 113, p. 210, § 10.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1051. Right of appeal - Review - Corrective jurisdiction - Procedure - Scope of review on certiorari.

A. An appeal to the Court of Criminal Appeals may be taken by the defendant, as a matter of right from any judgment against the defendant, which shall be taken as herein provided; and, upon the appeal, any decision of the court or intermediate order made in the progress of the case may be reviewed; provided further, all appeals taken from any conviction on a plea of guilty shall be taken by petition for writ of certiorari to the Court of Criminal Appeals, as provided in subsection B of this section; provided, the petition must be filed within ninety (90) days from the date of the conviction. The Court of Criminal Appeals may take jurisdiction of any case for the purpose of correcting the appeal records when the same do not disclose judgment and sentence; such jurisdiction shall be for the sole purpose of correcting the defect or defects.
B. The procedure for the filing of an appeal in the Court of Criminal Appeals shall be as provided in the Rules of the Court of Criminal Appeals; and the Court of Criminal Appeals shall provide by court rules, which will have the force of statute, and be in furtherance of this method of appeal:
1. The procedure to be followed by the trial courts in the preparation and authentication of transcripts and records in cases appealed under this act;
2. The procedure to be followed for the completion and submission of the appeal taken hereunder; and
3. The procedure to be followed for filing a petition for and the issuance of a writ of certiorari.
C. The scope of review to be afforded on certiorari shall be prescribed by the Court of Criminal Appeals.
D. The defendant may appeal to the Court of Criminal Appeals from the denial of a pretrial motion seeking immunity from prosecution pursuant to subsection F of Section 1289.25 of Title 21 of the Oklahoma Statutes within ten (10) days of the denial of the motion. Priority shall be given to appeals taken pursuant to this subsection and an order staying proceedings shall be entered pending the outcome of the appeal. If an appeal is not brought within ten (10) days of the denial, the defendant waives appellate review of his or her claim of immunity from prosecution and subsequent motions and appeals pursuant to this subsection shall be dismissed.
R.L. 1910, § 5988. Amended by Laws 1965, c. 113, § 1, emerg. eff. May 19, 1965; Laws 1970, c. 157, §§ 1, 2; Laws 2022, c. 209, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1053. Appeals taken by state or municipality – Allowable cases.

Appeals to the Court of Criminal Appeals may be taken by the state or a municipality in the following cases only:
1. Upon judgment for the defendant on quashing or setting aside an indictment or information;
2. Upon an order of the court arresting the judgment;
3. Upon a question reserved by the state or a municipality;
4. Upon judgment for the defendant on a motion to quash for insufficient evidence in a felony matter;
5. Upon a pretrial order, decision, or judgment suppressing or excluding evidence where appellate review of the issue would be in the best interests of justice;
6. Upon a pretrial order, decision or judgment suppressing or excluding evidence in cases alleging violation of any provisions of Section 13.1 of Title 21 of the Oklahoma Statutes; and
7. Upon an order, decision or judgment finding that a defendant is immune from or not subject to criminal prosecution.
Priority shall be given to appeals taken pursuant to paragraph 5, 6, or 7 of this section, and an order staying proceedings shall be entered pending the outcome of the appeal.
R.L. 1910, § 5990. Amended by Laws 1978, c. 248, § 2, eff. July 1, 1978; Laws 1990, c. 261, § 3, emerg. eff. May 24, 1990; Laws 2002, c. 460, § 21, eff. Nov. 1, 2002; Laws 2009, c. 274, § 3, eff. Nov. 1, 2009; Laws 2022, c. 209, § 2, eff. Nov. 1, 2022.