Okla. Stat. tit. 22, § 22-991f-1.1: Restitution and Diversion Program - Evaluation of

criminal complaints for deferred prosecution - Restitution agreement

- Definitions.

A. Each district attorney shall create within the district

attorney’s office a Restitution and Diversion Program and assign

sufficient staff and resources for the efficient operation of such

program. The purpose of the Restitution and Diversion Program is to

allow the district attorney the discretion to divert criminal

complaints involving property crimes from criminal court and to

monitor restitution payments. At the discretion of the district

attorney, the program may be administered by the Bogus Check

Restitution Program operated by the county.

B. 1. Referral of a criminal complaint to the Restitution and

Diversion Program shall be at the discretion of the district

attorney. This act shall not limit the power of the district

attorney to prosecute criminal complaints.

2. Upon receipt of a criminal complaint involving property, the

district attorney shall determine if the complaint is one which is

appropriate for deferred prosecution.

3. In determining whether to defer prosecution and refer a case

to the Restitution and Diversion Program, the district attorney

shall consider the following factors:

a. whether the criminal complaint alleges an offense

involving property,

b. whether the alleged offense was committed in an

aggressive, violent, premeditated or willful manner,

c. the prospects for adequate protection of the public if

the accused person is processed through deferred

prosecution in the Restitution and Diversion Program,

d. the number of criminal complaints against the

defendant previously received by the district

attorney,

e. whether or not there are other criminal complaints

currently pending against the defendant,

f. the strength of the evidence of the particular

criminal complaint, and

g. the wishes of the victim.

C. Upon referral of a complaint to the Restitution and

Diversion Program, a notice of the complaint shall be forwarded by

mail to the accused person. The notice shall contain:

1. The date the act which is the subject of the complaint

occurred;

2. The name of the victim;

3. The date before which the accused person must contact the

office of the district attorney concerning the complaint; and

4. A statement of the penalty for the crime which is the

subject of the complaint.

D. The district attorney may enter into a written agreement

with the accused person to defer prosecution on the criminal

complaint for a period to be determined by the district attorney,

not to exceed three (3) years pending restitution being made to the

victim of the complaint and payment of necessary fees.

E. Each restitution agreement shall include a provision

requiring the accused person to pay to the district attorneys office

a fee equal to the amount which would have been assessed as court

costs upon the filing of the case in district court plus Twenty-five

Dollars ($25.00) for each criminal complaint covered by the

agreement. This fee may be deposited in a special fund with the

county treasurer to be known as the “Restitution and Diversion

Program Fund” or in the Bogus Check Restitution Fund. The monies

deposited in the Restitution and Diversion Program Fund shall be

used by the district attorney to make any lawful expenditure

associated with the district attorney’s office. The district

attorney shall keep records of all monies deposited to and disbursed

from these funds. The records of these funds shall be audited at

the same time the records of county funds are audited.

F. 1. Restitution to be paid by the accused person to the

victim shall include out-of-pocket expenses the victim incurred as a

direct result of the crime having been committed. A restitution

agreement may include provisions for restitution in an amount up to

o and disbursed

from these funds. The records of these funds shall be audited at

the same time the records of county funds are audited.

F. 1. Restitution to be paid by the accused person to the

victim shall include out-of-pocket expenses the victim incurred as a

direct result of the crime having been committed. A restitution

agreement may include provisions for restitution in an amount up to

treble the amount of property involved except such restitution shall

not apply to false or bogus checks. If, instead of paying

restitution directly to the victim, the accused person delivers

restitution funds to the office of the district attorney, the

district attorney shall deposit such funds in a depository account

in the office of the county treasurer to be disbursed to the victim

by a warrant signed by the district attorney or a member of the

district attorney’s staff assigned to the Restitution and Diversion

Program. The district attorney shall keep full records of all

restitution monies received and disbursed. These records shall be

audited at the same time the county funds are audited;

2. If the accused person fails to comply with the provisions of

the Restitution and Diversion Program agreement, the district

attorney may file an information and proceed with the prosecution of

the accused person as provided by law.

G. Members of the district attorney’s staff shall perform

duties in connection with the Restitution and Diversion Program in

addition to any other duties which may be assigned by the district

attorney.

H. 1. District attorneys shall prepare and submit an annual

report to the District Attorneys Council showing total deposits and

total expenditures in the Restitution and Diversion Program.

2. By September 15 of each year, the District Attorneys Council

shall publish an annual report for the previous fiscal year of the

Restitution and Diversion Program. A copy of the report shall be

distributed to the President Pro Tempore of the Senate and the

Speaker of the House of Representatives and the chairs of the House

and Senate Appropriations Committees. Each district attorney shall

submit information requested by the District Attorneys Council

regarding the Restitution and Diversion Program. This report shall

include the number of cases processed, the total dollar amount for

which restitution was made, the total amount of the restitution

collected, the total amount of fees collected, the total cost of the

program, and such other information as required by the District

Attorneys Council.

I. For the purposes of the Restitution and Diversion Program,

the following definitions shall apply:

1. “Property Crime” shall include, but not be limited to the

following:

a. embezzlement offenses,

b. larceny offenses,

c. theft offenses,

d. malicious injury to property, and

e. any offense which results in economic loss, but does

not result in physical injury to another human being,

and which is not enumerated in Section 571 of Title 57

of the Oklahoma Statutes;

2. “Victim” is defined by Section 991f of this title;

3. “Restitution” is defined by Section 991f of this title; and

4. “Economic loss” is defined by Section 991f of this title.

J. The victim shall promptly provide to the Restitution and

Diversion Program all documentation and evidence of compensation or

reimbursement from insurance companies or agencies of this state,

any other state, or the federal government received as a direct

result of the crime for injury, loss of earnings or out-of-pocket

loss.