Okla. Stat. tit. 22, § 22-991a-4.2: Early evaluation hearing for persons with split or

suspended sentence.

A. 1. Any person who receives a suspended sentence that

exceeds five (5) years pursuant to the provisions of Section 991a of

this title for an offense not listed in Section 13.1 or subsection

C, D, E, F, G, or J of Section 644 of Title 21 of the Oklahoma

Statutes or Section 571 or 582 of Title 57 of the Oklahoma Statutes

shall, upon request, receive an early evaluation hearing after five

(5) years to determine whether the length of the suspended sentence

should be modified.

2. Any person who receives a split sentence pursuant to the

provisions of Section 991a of this title for an offense not listed

in Section 13.1 or subsection C, D, E, F, G, or J of Section 644 of

Title 21 of the Oklahoma Statutes or Section 571 or 582 of Title 57

of the Oklahoma Statutes and the suspended portion of the sentence

exceeds five (5) years shall, upon request, receive an early

evaluation hearing after five (5) years of serving the suspended

portion of the split sentence to determine whether the length of the

split sentence should be modified.

B. Upon an early evaluation hearing conducted pursuant to

subsection A of this section, the court may modify the length of the

suspended sentence or split sentence when:

1. The person has completed all requirements of his or her

probation, including treatment and rehabilitative programming;

2. The person had no criminal violations during the term of

probation;

3. The person has no pending revocation hearings; and

4. The district attorney does not object on behalf of the state

or the victim or victims of the offense. Any such objection shall

be made in writing, specify on behalf of whom the objection is made,

and include the specific reason or reasons for the objection.

C. A person may request an early evaluation hearing one (1)

year earlier than prescribed in subsection A of this section and the

court may modify the length of the suspended sentence or split

sentence when:

1. The person received a high school or high school equivalency

diploma, any college-level degree, or a vocational, technical, or

career training certification or degree while serving his or her

sentence, or when the person has maintained consistent employment

throughout his or her probation period;

2. The person has completed all requirements of his or her

probation, including treatment and rehabilitative programming;

3. The person had no criminal violations during the term of

probation;

4. The person has no pending revocation hearings; and

5. The district attorney does not object on behalf of the state

or the victim or victims of the offense. Any such objection shall

be made in writing, specify on behalf of whom the objection is made,

and include the specific reason or reasons for the objection.

D. Written notice shall be made to the appropriate district

attorney within fifteen (15) days of the filing of a request

pursuant to subsection A or subsection C of this section. The

district attorney shall have forty-five (45) days from the date the

notice was received to object or otherwise respond. The Court may,

upon request of the district attorney, grant a single fifteen-day

extension to object or otherwise respond.

E. An offender may only request one early evaluation hearing in

a case pursuant to subsection A of this section without prior

approval from the district attorney.

F. No person shall be prohibited from an early evaluation

hearing as a condition of a plea agreement or imposed sentence if

otherwise qualified pursuant to subsection A of this section.

G. On or before November 30, 2025, and every odd year

thereafter, the District Attorneys Council shall provide a list of

early termination applications made and copies of any objections or

other responses to such applications during the prior fiscal year to

aluation

hearing as a condition of a plea agreement or imposed sentence if

otherwise qualified pursuant to subsection A of this section.

G. On or before November 30, 2025, and every odd year

thereafter, the District Attorneys Council shall provide a list of

early termination applications made and copies of any objections or

other responses to such applications during the prior fiscal year to

the President Pro Tempore of the Oklahoma State Senate, the Speaker

of the Oklahoma House of Representatives, and the Governor.