{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-471.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-471.6","heading":"Final eligibility hearing - Acceptance into program -","body":"Duration of participation - Costs and fees - Driving privileges.\n\nA. The drug court judge shall conduct a hearing as required by\n\nsubsection F of Section 471.4 of this title to determine final\n\neligibility by considering:\n\n1. Whether the offender voluntarily consents to the program\n\nrequirements;\n\n2. Whether to accept the offender based upon the findings and\n\nrecommendations of the drug court investigation authorized by\n\nSection 471.4 of this title;\n\n3. Whether there is a written plea agreement, and if so,\n\nwhether the terms and conditions of the written negotiated plea\n\nbetween the district attorney, the defense attorney and the offender\n\nare appropriate and consistent with the penalty provisions and\n\nconditions of other similar cases;\n\n4. Whether there is an appropriate treatment program available\n\nto the offender and whether there is a recommended treatment plan;\n\nand\n\n5. Any information relevant to determining eligibility;\n\nprovided, however, an offender shall not be denied admittance to any\n\ndrug court program based upon an inability to pay court costs or\n\nother costs or fees.\n\nB. At the hearing to determine final eligibility for the drug\n\ncourt program, the judge shall not grant any admission of any\n\noffender to the program when:\n\n1. The required treatment plan and plea agreement have not been\n\ncompleted;\n\n2. The program funding or availability of treatment has been\n\nexhausted;\n\n3. The treatment program or drug court team is unwilling to\n\naccept the offender;\n\n4. The offender does not meet the presumptive eligibility\n\ncriteria of the program; or\n\n5. The offender is inappropriate for admission to the program,\n\nin the discretion of the judge.\n\nC. At the final eligibility hearing, if evidence is presented\n\nthat was not discovered by the drug court investigation, the\n\ndistrict attorney or the defense attorney may make an objection and\n\nmay ask the court to withdraw the plea agreement previously\n\nnegotiated. The court shall determine whether to proceed and\n\noverrule the objection, to sustain the objection and transfer the\n\ncase for traditional criminal prosecution or to require further\n\nnegotiations of the plea or punishment provisions. The decision of\n\nthe judge for or against eligibility and admission shall be final.\n\nD. When the court accepts the treatment plan with the written\n\nplea agreement, the offender, upon entering the plea as agreed by\n\nthe parties, shall be ordered and escorted immediately into the\n\nprogram. The offender must have voluntarily signed the necessary\n\ncourt documents before the offender may be admitted to treatment.\n\nThe court documents shall include:\n\n1. Waiver of the offender’s rights to speedy trial;\n\n2. A written plea agreement which sets forth the offense\n\ncharged, the penalty to be imposed for the offense in the event of a\n\nbreach of the agreement and the penalty to be imposed, if any, in\n\nthe event of a successful completion of the treatment program;\n\nprovided, however, incarceration shall be prohibited when the\n\noffender completes the treatment program;\n\n3. A written treatment plan which is subject to modification at\n\nany time during the program; and\n\n4. A written performance contract requiring the offender to\n\nenter the treatment program as directed by the court and participate\n\nuntil completion, withdrawal or removal by the court.\n\nE. If admission into the drug court program is denied, the\n\ncriminal case shall be returned to the traditional criminal docket\n\nand shall proceed as provided for any other criminal case.\n\nF. At the time an offender is admitted to the drug court\n\nprogram, any bail or undertaking on behalf of the offender shall be\n\nexonerated.\n\nG. The period of time during which an offender may participate\n\nin the active treatment portion of the drug court program shall be\n\nnot less than six (6) months nor more than twenty-four (24) months\nand shall proceed as provided for any other criminal case.\n\nF. At the time an offender is admitted to the drug court\n\nprogram, any bail or undertaking on behalf of the offender shall be\n\nexonerated.\n\nG. The period of time during which an offender may participate\n\nin the active treatment portion of the drug court program shall be\n\nnot less than six (6) months nor more than twenty-four (24) months\n\nand may include a period of supervision not less than six (6) months\n\nnor more than one (1) year following the treatment portion of the\n\nprogram. The period of supervision may be extended by order of the\n\ncourt for not more than six (6) months. No treatment dollars shall\n\nbe expended on the offender during the extended period of\n\nsupervision. If the court orders that the period of supervision\n\nshall be extended, the drug court judge, district attorney, the\n\nattorney for the offender and the supervising staff for the drug\n\ncourt program shall evaluate the appropriateness of continued\n\nsupervision on a quarterly basis. All participating treatment\n\nproviders shall be certified by the Department of Mental Health and\n\nSubstance Abuse Services and shall be selected and evaluated for\n\nperformance-based effectiveness annually by the Department of Mental\n\nHealth and Substance Abuse Services. Treatment programs shall be\n\ndesigned to be completed within twelve (12) months and shall have\n\nrelapse prevention and evaluation components.\n\nH. The drug court judge shall order the offender to pay court\n\ncosts, treatment costs, drug testing costs, a program user fee not\n\nto exceed Twenty Dollars ($20.00) per month and necessary\n\nsupervision fees, unless the offender is indigent. The drug court\n\njudge shall establish a schedule for the payment of costs and fees.\n\nThe cost for treatment, drug testing and supervision shall be set by\n\nthe treatment and supervision providers respectively and made part\n\nof the court’s order for payment. User fees shall be set by the\n\ndrug court judge within the maximum amount authorized by this\n\nsubsection and payable directly to the court clerk for the benefit\n\nand administration of the drug court program. Treatment, drug\n\ntesting and supervision costs shall be paid to the respective\n\nproviders. The court clerk shall collect all other costs and fees\n\nordered and deposit such costs and fees with the county treasurer in\n\na drug court fund created and administered pursuant to subsection I\n\nof Section 471.1 of this title. The remaining user fees shall be\n\nremitted to the State Treasurer by the court clerk for deposit in\n\nthe Department of Mental Health and Substance Abuse Services’ Drug\n\nAbuse Education and Treatment Revolving Fund established pursuant to\n\nSection 2-503.2 of Title 63 of the Oklahoma Statutes. Court orders\n\nfor costs and fees pursuant to this subsection shall not be limited\n\nfor purposes of collection to the maximum term of imprisonment for\n\nwhich the offender could have been imprisoned for the offense, nor\n\nshall any court order for costs and fees be limited by any term of\n\nprobation, parole, supervision, treatment or extension thereof.\n\nCourt orders for costs and fees shall remain an obligation of the\n\noffender until fully paid; provided, however, once the offender has\n\nsuccessfully completed the drug court program, the drug court judge\n\nshall have the discretion to expressly waive all or part of the\n\ncosts and fees provided for in this subsection if, in the opinion of\n\nthe drug court judge, continued payment of the costs and fees by the\n\noffender would create a financial hardship for the offender.\n\nOffenders who have not fully paid all costs and fees pursuant to\n\ncourt order but who have otherwise successfully completed the drug\n\ncourt program shall not be counted as an active drug court\n\nparticipant for purposes of drug court contracts or program\n\nparticipant numbers.\n\nI. Notwithstanding any other provision of law, if the driving\noffender would create a financial hardship for the offender.\n\nOffenders who have not fully paid all costs and fees pursuant to\n\ncourt order but who have otherwise successfully completed the drug\n\ncourt program shall not be counted as an active drug court\n\nparticipant for purposes of drug court contracts or program\n\nparticipant numbers.\n\nI. Notwithstanding any other provision of law, if the driving\n\nprivileges of the offender have been suspended, revoked, canceled or\n\ndenied by Service Oklahoma and if the drug court judge determines\n\nthat no other means of transportation for the offender is available,\n\nthe drug court judge may enter a written order requiring Service\n\nOklahoma to stay any and all such actions against the Class D\n\ndriving privileges of the offender; provided, the stay shall not be\n\nconstrued to grant driving privileges to an offender who has not\n\nbeen issued a driver license by Service Oklahoma or whose Oklahoma\n\ndriver license has expired, in which case the offender shall be\n\nrequired to apply for and be found eligible for a driver license,\n\npass all examinations, if applicable, and pay all statutory driver\n\nlicense issuance or renewal fees. The offender shall provide proof\n\nof insurance to the drug court judge prior to the judge ordering a\n\nstay of any driver license suspension, revocation, cancellation or\n\ndenial. When a judge of a drug court enters a stay against an order\n\nby Service Oklahoma suspending or revoking the driving privileges of\n\nan offender, the time period set in the order by Service Oklahoma\n\nfor the suspension or revocation shall continue to run during the\n\nstay. When an offender has successfully completed the drug court\n\nprogram, the drug court judge shall maintain jurisdiction over the\n\noffender’s driving privileges for one (1) year after the date on\n\nwhich the offender graduates from the drug court program.","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":"1180f57bd3b3551c2b3dc184f94dd960650a9aed9072a2eb96ea359d4d2e04aa","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-471.5","next":"us-ok/okla.-stat.-tit.-22-22-471.7"},"notice":"GroundRules: Original legal text. Not legal advice."}