{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-471.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-471.4","heading":"Eligibility criteria - Investigation","body":"A. Each drug court team shall develop agreed-upon, objective\n\neligibility criteria to determine presumptive drug court eligibility\n\nfor offenders. The objective criteria shall be in writing and\n\ncommunicated to potential referral sources including but not limited\n\nto judges, law enforcement, defense attorneys, prosecutors,\n\ntreatment professionals, and community supervision officers. The\n\ncriteria shall target high-risk and high-need offenders who are\n\naddicted to illicit drugs or alcohol and who are at a substantial\n\nrisk for reoffending or failing to complete a less intensive case\n\ndisposition such as standard probation or pretrial supervision.\n\nB. When the drug court judge, district attorney, defense\n\nattorney, drug court coordinator, treatment provider, or any other\n\ndrug court team member determines that further investigation of the\n\noffender under consideration is appropriate, the supervising staff\n\nfor the drug court program shall make an investigation to determine\n\nwhether the offender is a person who:\n\n1. Is presumptively eligible for the drug court program;\n\n2. Would benefit from the drug court program; and\n\n3. Is appropriate for the drug court program and there is not a\n\nmore appropriate less restrictive treatment alternative based upon\n\nthe risk and need levels of the offender.\n\nC. The drug court investigation shall be conducted through a\n\nstandardized screening test and personal interview. A more\n\ncomprehensive assessment may take place at the time the offender\n\nenters the treatment portion of the program and may take place at\n\nany time after placement in the drug court program. The\n\ninvestigation shall determine the original treatment plan which the\n\noffender will be required to follow, if admitted to the program.\n\nAny subsequent assessments or evaluations by the treatment provider,\n\nif the offender is admitted to the program, may be used to determine\n\nmodifications needed to the original treatment plan. The\n\ninvestigation shall include, but not be limited to, the following\n\ninformation:\n\n1. The person's age and physical condition;\n\n2. Employment and military service records;\n\n3. Educational background and literacy level;\n\n4. Community and family relations;\n\n5. Prior and current drug and alcohol use;\n\n6. Mental health and medical treatment history including\n\nsubstance abuse treatment history;\n\n7. Demonstrable motivation; and\n\n8. Other mitigating or aggravating factors.\n\nD. The drug court investigation may be conducted before or\n\nafter the initial hearing for consideration but shall occur before\n\nthe hearing for final determination of eligibility for the drug\n\ncourt program. When an offender is appropriate for admittance to\n\nthe program, the supervising staff shall make a recommendation for\n\nthe treatment program or programs that are available in the\n\njurisdiction and which would benefit the offender and accept the\n\noffender. The investigation findings and recommendations for\n\nprogram placement shall be reported to the drug court judge, the\n\ndistrict attorney, the offender, and the defense attorney prior to\n\nthe next scheduled hearing.\n\nE. The district attorney and the defense attorney for the\n\noffender shall independently review the findings and recommendations\n\nof the drug court investigation report. For an offender to remain\n\neligible for consideration in the program, both the district\n\nattorney and the defense attorney shall negotiate the terms of the\n\nwritten plea agreement with all punishment provisions specified\n\nprior to the scheduled hearing date for determining final\n\neligibility. Upon failure of the district attorney and defense\n\nattorney to negotiate the written plea agreement, the judge\n\npresiding over the case may order the criminal case to be withdrawn\n\nfrom the drug court program and processed in the traditional manner.\nterms of the\n\nwritten plea agreement with all punishment provisions specified\n\nprior to the scheduled hearing date for determining final\n\neligibility. Upon failure of the district attorney and defense\n\nattorney to negotiate the written plea agreement, the judge\n\npresiding over the case may order the criminal case to be withdrawn\n\nfrom the drug court program and processed in the traditional manner.\n\nThe punishment provisions of the written plea agreement shall\n\nemphasize reparation to the victim, community, and state. If the\n\ncrime for which the offender is seeking eligibility to drug court\n\ninvolves a victim, notification to the victim shall be in compliance\n\nwith subsection A of Section 34 of Article II of the Oklahoma\n\nConstitution and the Oklahoma Victim's Rights Act, Section 142A et\n\nseq. of Title 21 of the Oklahoma Statutes, and shall include the\n\nright to provide victim's impact statements.\n\nF. The hearing to determine final eligibility shall be set not\n\nless than three (3) work days nor more than seven (7) work days from\n\nthe date of the initial hearing for consideration, unless extended\n\nby the court.\n\nG. The drug court coordinator shall keep a record of all\n\npresumptively eligible offenders who are not placed in the drug\n\ncourt program. The record shall indicate the reason each offender\n\nwas not placed in the program and information about the ultimate\n\ncase disposition for each offender. The record shall be made\n\navailable to all members of the drug court team.\n\nH. For purposes of Section 471 et seq. of this title,\n\n\"supervising staff\" means a Department of Corrections employee\n\nassigned to monitor offenders in the drug court program, a state,\n\ncounty, or municipal governmental representative, a certified\n\ntreatment provider participating in the program, or a CLEET-\n\ncertified person designated by the drug court program to perform\n\ndrug court investigations.","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":"954b978072724eb7be2d70ab3c6e7b3868150bf7613434827f395687aebc831f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-471.3","next":"us-ok/okla.-stat.-tit.-22-22-471.5"},"notice":"GroundRules: Original legal text. Not legal advice."}