{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1090.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1090.5","heading":"Request to apply for resentencing — Hearing — Evidence","body":"A. Any person who is:\n\n1. Confined in an institution under the custody and control of\n\nthe Department of Corrections;\n\n2. Serving a sentence for an offense committed prior to the\n\neffective date of this act; and\n\n3. Eligible for an alternative sentence pursuant to the\n\nprovisions of Section 3 of this act,\n\nmay, on or after the effective date of this act, submit to the judge\n\nwho imposed the original sentence a request to apply for\n\nresentencing in accordance with the provisions of Section 3 of this\n\nact. The person shall include in the request documentation showing\n\nthat he or she is confined in an institution under the custody and\n\ncontrol of the Department of Corrections and is serving a sentence\n\nfor an offense committed prior to the effective date of this act.\n\nThe person shall also declare that he or she is eligible for an\n\nalternative sentence under the provisions of Section 3 of this act.\n\nB. If the original sentencing judge is not serving on the court\n\nin which the original sentence was imposed at the time of the\n\nrequest to apply for resentencing, the request shall be randomly\n\nassigned to a judge of the original sentencing court.\n\nC. 1. If the court finds that the person has met the\n\nrequirements to apply for resentencing as provided in subsection A\n\nof this section, the court shall provide notice to the person that\n\nhe or she may submit an application for resentencing. Upon such\n\nnotification, the person may request the court appoint an attorney\n\nto assist the person in the preparation of and proceedings on the\n\napplication for resentencing.\n\n2. If the court finds that such person has not met the\n\nrequirements to apply for resentencing as provided for in subsection\n\nA of this section, the court shall notify the person and deny his or\n\nher request without prejudice.\n\nD. Upon the receipt of an application for resentencing, the\n\ncourt clerk shall promptly notify the appropriate district attorney\n\nand provide such district attorney with a copy of the application.\n\nE. If the judge that receives the application is not the judge\n\nwho originally sentenced the applicant, the application may be\n\nreferred to the original sentencing judge if he or she is serving as\n\na judge of a court of competent jurisdiction and the applicant and\n\nthe district attorney agree that the application should be referred.\n\nF. An application for resentencing pursuant to this section\n\nshall include evidence corroborating the claim of the applicant that\n\nhe or she was a victim of domestic violence or subjected to\n\nphysical, sexual, or psychological abuse inflicted by a sexual\n\npartner, a family member or member of the household, the trafficker\n\nof the applicant, or any person who used the applicant for financial\n\ngain. At least one piece of evidence shall be a court record,\n\npresentence report, social services record, hospital record, sworn\n\nstatement from a witness to the domestic violence who is not the\n\napplicant, law enforcement record, domestic incident report, or\n\nprotective order. Other evidence may include but not be limited to\n\nlocal jail records or records of the Department of Corrections,\n\ndocumentation prepared at or near the time of the commission or\n\nprosecution of the offense tending to support the claims of the\n\napplicant, or verification of consultation with a licensed medical\n\ncare provider or mental health care provider, employee of a court\n\nacting within the scope of his or her employment, member of the\n\nclergy, attorney, social worker, rape crisis counselor, or other\n\nadvocate acting on behalf of an agency that assists victims of\n\ndomestic violence or abuse. Expert testimony from a psychiatrist,\n\npsychologist, or mental health professional showing that the\n\napplicant has been diagnosed with post-traumatic stress disorder may\n\nalso be submitted to the court.\nf his or her employment, member of the\n\nclergy, attorney, social worker, rape crisis counselor, or other\n\nadvocate acting on behalf of an agency that assists victims of\n\ndomestic violence or abuse. Expert testimony from a psychiatrist,\n\npsychologist, or mental health professional showing that the\n\napplicant has been diagnosed with post-traumatic stress disorder may\n\nalso be submitted to the court.\n\nG. 1. If the court finds that the applicant has not complied\n\nwith the provisions of subsection F of this section, the court shall\n\ndeny the application without prejudice.\n\n2. If the court finds that the applicant has complied with the\n\nprovisions of subsection F of this section, the court shall conduct\n\na sentencing hearing to aid in making its determination of whether\n\nthe applicant should be resentenced in accordance with Section 3 of\n\nthis act. At the hearing, the court shall determine any\n\ncontroverted issues of fact relevant to the issue of sentencing.\n\nThe court may consider any facts or circumstances relevant to the\n\nimposition of a new sentence submitted by the applicant or the\n\ndistrict attorney and may consider the institutional record of\n\nconfinement of such person; provided, however, the institutional\n\nrecord shall not be solely dispositive as to whether an applicant\n\nreceives a reduced sentence. The court shall not order a new\n\npresentence investigation and report or entertain any matter\n\nchallenging the underlying basis of the subject conviction.\n\nConsideration of the institutional record of confinement of an\n\napplicant by the court shall include, but not be limited to, the\n\nparticipation of the applicant in programming such as domestic\n\nviolence, parenting, and substance abuse treatment while\n\nincarcerated and the disciplinary history of the applicant. The\n\ninability of the applicant to participate in treatment or other\n\nprogramming while incarcerated despite the willingness of the\n\napplicant to do so shall not be considered a negative factor when\n\nthe court is making its determination.\n\nH. If the court determines that the applicant should not be\n\nresentenced in accordance with Section 3 of this act, the court\n\nshall inform such applicant of its decision and shall enter an order\n\nto that effect. Any order issued by a court pursuant to this\n\nsubsection shall include written findings of fact and the reasons\n\nfor such order. If the applicant is denied on the merits of the\n\napplication, the court shall deny the application with prejudice.\n\nI. If the court determines that the applicant should be\n\nresentenced in accordance with Section 3 of this act, the court\n\nshall notify the applicant that, unless he or she withdraws the\n\napplication for resentencing or appeals the order of the court, the\n\ncourt shall enter an order vacating the sentence originally imposed\n\nand shall impose a new sentence as set forth in Section 3 of this\n\nact. Any order issued by a court pursuant to this subsection shall\n\ninclude written findings of fact and the reasons for such order.\n\nSentences modified pursuant to the provisions of this section shall\n\nbe reduced as set forth in subsection C of Section 3 of this act.\n\nJ. An appeal to the Court of Criminal Appeals may be taken as\n\nof right in accordance with the applicable provisions provided for\n\nin Title 22 of the Oklahoma Statutes from:\n\n1. An order denying resentencing; or\n\n2. A new sentence imposed under the provisions of this section.\n\nThe applicant may request that the Court of Criminal Appeals assign\n\nan attorney to the applicant for the preparation of and proceedings\n\nfor any appeal regarding the application for resentencing.\n\nK. When calculating the new sentence to be served by the\n\napplicant pursuant to Section 3 of this act, the applicant shall be\n\ncredited for any time served in the county jail and any period of\n\nincarceration served under the custody and control of the Department\nassign\n\nan attorney to the applicant for the preparation of and proceedings\n\nfor any appeal regarding the application for resentencing.\n\nK. When calculating the new sentence to be served by the\n\napplicant pursuant to Section 3 of this act, the applicant shall be\n\ncredited for any time served in the county jail and any period of\n\nincarceration served under the custody and control of the Department\n\nof Corrections toward the sentence originally imposed.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4fbe0ab212ad8910061ba877e36bf3f1ed9c696b9768d4cf40c3c2787a6eec30","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1090.4","next":"us-ok/okla.-stat.-tit.-22-22-1091"},"notice":"GroundRules: Original legal text. Not legal advice."}