{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-471.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-471.2","heading":"Eligibility and request for drug court program","body":"A. The opportunity for review of an offender for a drug court\n\nprogram shall occur at any time prior to disposition of the case and\n\nsentencing of the offender including sentencing on a petition to\n\nrevoke a suspended sentence or any probation violation.\n\nB. When a drug court is established, the following information\n\nshall be initially reviewed by the sheriff or designee, if the\n\noffender is held in a county jail, or by the chief of police or\n\ndesignee, if the offender is held in a city jail:\n\n1. The offender has no prior felony conviction in this state or\n\nanother state for a domestic violence offense within the last ten\n\n(10) years, except as may be allowed in a domestic violence\n\ntreatment program authorized by the drug court program. It shall be\n\nsufficient for this paragraph that a criminal history records name\n\nsearch was conducted and indicated no apparent domestic violence\n\noffense. An offender admitted to the drug court program for a crime\n\nwhich requires the offender to attend a batterers' intervention\n\nprogram certified by the Attorney General's office shall be required\n\nto undergo such treatment as a condition of drug court;\n\n2. The offender's charge does not involve a violation of the\n\nTrafficking In Illegal Drugs Act;\n\n3. The offender has committed a felony offense or a misdemeanor\n\noffense where a misdemeanor drug court is authorized; and\n\n4. The offender:\n\na. admits to having a substance abuse addiction,\n\nb. appears to have a substance abuse addiction,\n\nc. is known to have a substance abuse addiction,\n\nd. the arrest or charge is based upon an offense eligible\n\nfor the drug court program, or\n\ne. is a person who has had an assessment authorized by\n\nSection 3-704 of Title 43A of the Oklahoma Statutes or\n\ndrug court investigation and the assessment or\n\ninvestigation recommends the drug court program.\n\nC. If it appears to the reviewing officer that the offender may\n\nbe potentially eligible for the drug court program based upon a\n\nreview of the information in subsection B of this section, the\n\noffender shall be given an eligibility form which may be voluntarily\n\ncompleted by the offender, and the reviewing officer shall file the\n\ncriminal case record within the time prescribed in subsection E of\n\nSection 471.1 of this title. The offender may request consideration\n\nfor the drug court program as provided in subsection D of this\n\nsection. The eligibility form shall describe the drug court program\n\nfor which the offender may be eligible including, but not limited\n\nto:\n\n1. A full description of the drug court process and\n\ninvestigation;\n\n2. A general explanation of the roles and authority of the\n\nsupervising staff, the district attorney, the defense attorney, the\n\ntreatment provider, the offender, and the judge presiding over the\n\ncases in the drug court program;\n\n3. A clear statement that the drug court judge may decide after\n\na hearing not to consider the offender for the drug court program\n\nand in that event the offender will be prosecuted in the traditional\n\nmanner;\n\n4. A clear statement that the offender is required, before\n\nconsideration in the program, to enter a guilty plea as part of a\n\nwritten plea agreement;\n\n5. A clear statement that the plea agreement will specify the\n\noffense to which the guilty plea will be entered and will state any\n\npenalty to be imposed for the offense, both in the event of a\n\nsuccessful completion of the drug court program, and in the event of\n\na failure to complete the program;\n\n6. A clear statement that the offender must voluntarily agree\n\nto:\n\na. waive the right to a speedy trial,\n\nb. waive the right to a preliminary hearing,\n\nc. the terms and conditions of a treatment plan, and\n\nd. sign a performance contract with the drug court;\n\n7. A clear statement that the offender, if accepted into the\n\ndrug court program, may not be incarcerated for the offense in a\nthe program;\n\n6. A clear statement that the offender must voluntarily agree\n\nto:\n\na. waive the right to a speedy trial,\n\nb. waive the right to a preliminary hearing,\n\nc. the terms and conditions of a treatment plan, and\n\nd. sign a performance contract with the drug court;\n\n7. A clear statement that the offender, if accepted into the\n\ndrug court program, may not be incarcerated for the offense in a\n\nstate correctional institution or jail upon successful completion of\n\nthe program;\n\n8. A clear statement that during participation in the drug\n\ncourt program should the offender fail to comply with the terms of\n\nthe agreement, the offender may be sanctioned to serve a term of\n\nconfinement of six (6) months in an intermediate revocation facility\n\noperated by the Department of Corrections. An offender shall not be\n\nallowed to serve more than two separate terms of confinement in an\n\nintermediate revocation facility;\n\n9. A clear statement that during participation in the drug\n\ncourt program should the offender:\n\na. fail to comply with the terms of the agreements,\n\nb. be convicted of a misdemeanor offense which reflects a\n\npropensity for violence,\n\nc. be arrested for a violent felony offense, or\n\nd. be convicted of any felony offense,\n\nthe offender may be required, after a court hearing, to be\n\nrevoked from the program and sentenced without trial\n\npursuant to the punishment provisions of the negotiated\n\nplea agreement; and\n\n10. An explanation of the criminal record retention and\n\ndisposition resulting from participation in the drug court program\n\nfollowing successful completion of the program.\n\nD. 1. The offender may request consideration for the drug\n\ncourt program as follows:\n\na. if the offender is incarcerated, the offender must\n\nsign and complete the eligibility form and return it\n\nto the sheriff, if the offender is held in the county\n\njail; or to the chief of police, if the offender is\n\nheld in a city jail. The sheriff or chief of police,\n\nupon receipt of the completed eligibility form, shall\n\nfile the form with the drug court coordinator who\n\nshall forward the form to the district attorney and\n\nthe judge assigned to the offender's case, or\n\nb. after release of the offender from incarceration, the\n\noffender must sign and complete the eligibility form\n\nand file it with the drug court coordinator or the\n\ncourt, prior to or at the time of either initial\n\nappearance or arraignment. The drug court coordinator\n\nshall forward the form to the district attorney and\n\nthe judge assigned to the offender's case.\n\n2. Any offender desiring legal consultation prior to signing or\n\ncompleting the form for consideration in a drug court program shall\n\nbe referred to the defense attorney of the drug court team, or a\n\npublic defender, if the offender is indigent, or allowed to consult\n\nwith private legal counsel.\n\n3. Nothing contained in the provisions of this subsection shall\n\nprohibit the drug court from considering any offender deemed\n\neligible for the program at any time prior to sentencing whose case\n\nhas been prosecuted in the traditional manner, or upon a violation\n\nof parole or probation conditions relating to substance abuse, upon\n\nrecommendation of the district attorney as provided in Section 471.8\n\nof this title.\n\nE. When an offender has filed a request to be considered for a\n\ndrug court program, an initial hearing shall be set before the drug\n\ncourt judge. The hearing shall be not less than three (3) work days\n\nnor more than five (5) work days after the date of the filing of the\n\nrequest form. Notice of the hearing shall be given to the drug\n\ncourt team, or in the event no drug court team is designated, to the\n\noffender, the district attorney, and to the public defender. The\n\noffender shall be required to notify any private legal counsel of\n\nthe date and time of the hearing.","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":"0759ac6a77e8777b3ed5f66d7d9b7222941a976c6e6031b53afcaf743e25011b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-471.11","next":"us-ok/okla.-stat.-tit.-22-22-471.3"},"notice":"GroundRules: Original legal text. Not legal advice."}