{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-305.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-305.2","heading":"District attorney deferred prosecution","body":"A. If an accused qualifies for the deferred prosecution\n\nprogram, the accused and the State of Oklahoma, through the district\n\nattorney, may execute an agreement whereby the accused agrees to\n\nwaive any rights to a speedy accusation, a speedy trial, and any\n\nstatute of limitations, and agrees to fulfill such conditions to\n\nwhich the accused and the State of Oklahoma may agree including, but\n\nnot limited to, restitution and community services.\n\nB. The accused, as consideration for entering into a deferred\n\nprosecution agreement, consents and agrees to a full and complete\n\nphotographic record of property which was to be used as evidence.\n\nThe photographic record shall be competent evidence of the property\n\nand admissible in any criminal action or proceeding as the best\n\nevidence.\n\nC. Property shall be returned to its owner only after the\n\nphotographic record is made subject to the following conditions:\n\n1. Property, except that which is prohibited by law, shall be\n\nreturned to its owner after proper verification of title;\n\n2. The return of property to the owner shall be without\n\nprejudice to the state or to any person who may have a claim against\n\nthe property; and\n\n3. When property is returned, the recipient shall sign, under\n\npenalty of perjury, a declaration of ownership which shall be\n\nretained by the police department or sheriff's office.\n\nD. As additional consideration for the agreement, the State of\n\nOklahoma shall agree not to file an information if the accused\n\nsatisfactorily completes the conditions of the agreement.\n\nE. The agreement between the accused and the State of Oklahoma\n\nmay include provisions whereby the accused agrees to be supervised\n\nin the community. If the accused is required to be supervised\n\npursuant to the terms of the agreement, the person shall be required\n\nto pay a supervision fee to be established by the supervisory\n\nagency. The supervision fee shall be paid to the supervisory agency\n\nas required by the rules of the supervisory agency. The supervisory\n\nagency shall monitor the person for compliance with the conditions\n\nof the agreement. The supervisory agency shall report to the\n\ndistrict attorney on the progress of the accused, and shall report\n\nimmediately if the accused fails to report or participate as\n\nrequired by the agreement.\n\nF. The agreement between the parties may require the accused to\n\nparticipate or consult with local service providers, including the\n\nDepartment of Human Services, the Department of Mental Health and\n\nSubstance Abuse Services, the Employment Security Commission,\n\nfederal services agencies, other state or local agencies, colleges,\n\nuniversities, technology center schools, and private or charitable\n\nservice organizations. When the accused is required to participate\n\nor consult with any service provider, a program fee may be required\n\nunless the fee would impose an unnecessary hardship on the person.\n\nThe program fee shall be established by the service provider based\n\nupon a sliding scale. Any state agency called upon for assistance\n\nin a deferred prosecution program by any district attorney shall\n\nrender services and assistance as available. Any supervision fee or\n\nprogram fee authorized by this section may be waived in whole or in\n\npart when the accused is indigent. No person who is otherwise\n\nqualified for a deferred prosecution program shall be denied\n\nservices or supervision based solely on the person's inability to\n\npay a fee or fees.\n\nG. The agreement between the parties may require the accused to\n\npay a victim compensation assessment pursuant to the provisions of\n\nSection 142.18 of Title 21 of the Oklahoma Statutes. The amount of\n\nthe assessment shall be agreed to by the parties and shall be within\n\nthe amounts specified in Section 142.18 of Title 21 of the Oklahoma\n\nStatutes for the offense charged.\n\nH. Any deferred prosecution agreement including, but not\nrties may require the accused to\n\npay a victim compensation assessment pursuant to the provisions of\n\nSection 142.18 of Title 21 of the Oklahoma Statutes. The amount of\n\nthe assessment shall be agreed to by the parties and shall be within\n\nthe amounts specified in Section 142.18 of Title 21 of the Oklahoma\n\nStatutes for the offense charged.\n\nH. Any deferred prosecution agreement including, but not\n\nlimited to, any fee, sliding scale fee, compensation, contract,\n\nassessment, or other financial agreement charged or waived by the\n\naccused or the State of Oklahoma shall be a record open to the\n\npublic.\n\nI. 1. On or after the effective date of this act, each office\n\nof the district attorney shall, upon request and within a reasonable\n\ntime, provide the name and other identifying information of an\n\naccused entering into a deferred prosecution agreement.\n\n2. A deferred prosecution agreement entered into prior to the\n\neffective date of this act shall not be a record open to the public,\n\nunless confidentiality was waived as a condition of the agreement.\n\nJ. District attorneys shall be authorized to create restorative\n\njustice programs for nonviolent offenders who qualify for a deferred\n\nprosecution agreement pursuant to the provisions contained in\n\nSections 305.1 through 305.6 of this title and Section 2 of this\n\nact.","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":"e2f3434f8e371968581fa8742b519d5228202d6fd10cd2f7cb8808c279e2449a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-305.1","next":"us-ok/okla.-stat.-tit.-22-22-305.3"},"notice":"GroundRules: Original legal text. Not legal advice."}