{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-982","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-982","heading":"Presentence investigation","body":"A. Whenever a person is convicted of a violent felony offense\n\nwhether the conviction is for a single offense or part of any\n\ncombination of offenses, except when the death sentence is available\n\nas punishment for the offense, the court may, before imposing the\n\nsentence, require a presentence investigation be made of the\n\noffender by the Department of Corrections. The court shall order\n\nthe defendant to pay a fee to the Department of Corrections of not\n\nless than Fifty Dollars ($50.00) nor more than Five Hundred Dollars\n\n($500.00) for the presentence investigation. In hardship cases, the\n\ncourt may reduce the amount of the fee and establish a payment\n\nschedule.\n\nB. Whenever a person has a prior felony conviction and enters a\n\nplea of guilty or nolo contendere to a felony offense other than a\n\nviolent felony offense, without an agreement by the district\n\nattorney regarding the sentence to be imposed, the court may order a\n\npresentence investigation be made by the Department of Corrections.\n\nThe fee provided in subsection A of this section shall apply to\n\npersons subject to this subsection.\n\nC. Whenever a person has entered a plea of not guilty to a\n\nnonviolent felony offense and is found guilty by a court following a\n\nnon-jury trial, the court may require a presentence investigation be\n\nmade by the Department of Corrections. The fee provided in\n\nsubsection A of this section shall apply to persons subject to this\n\nsubsection.\n\nD. When conducting a presentence investigation, the Department\n\nshall inquire into the circumstances of the offense and the\n\ncharacteristics of the offender. The information obtained from the\n\ninvestigation shall include, but not be limited to, a voluntary\n\nstatement from each victim of the offense concerning the nature of\n\nthe offense and the impact of the offense on the victim and the\n\nimmediate family of the victim, the amount of the loss suffered or\n\nincurred by the victim as a result of the criminal conduct of the\n\noffender, and the age, marital status, living arrangements,\n\nfinancial obligations, income, family history and education, prior\n\njuvenile and criminal records, associations with other persons\n\nconvicted of a felony offense, social history, indications of a\n\npredisposition to violence or substance abuse, remorse or guilt\n\nabout the offense or the harm to the victim, job skills and\n\nemployment history of the offender. The Department shall make a\n\nreport of information from such investigation to the court,\n\nincluding a recommendation detailing the punishment which is deemed\n\nappropriate for both the offense and the offender, and specifically\n\na recommendation for or against probation or suspended sentence.\n\nThe report of the investigation shall be presented to the judge\n\nwithin a reasonable time, and upon failure to present the report,\n\nthe judge may proceed with sentencing. Whenever, in the opinion of\n\nthe court or the Department, it is desirable, the investigation\n\nshall include a physical and mental examination or either a physical\n\nor mental examination of the offender.\n\nE. The district attorney may have a presentence investigation\n\nmade by the Department on each person charged with a violent felony\n\noffense and entering a plea of guilty or a plea of nolo contendere\n\nas part of or in exchange for a plea agreement for a violent felony\n\noffense. The presentence investigation shall be completed before\n\nthe terms of the plea agreement are finalized. The court shall not\n\napprove the terms of any plea agreement without reviewing the\n\npresentence investigation report to determine whether or not the\n\nterms of the sentence are appropriate for both the offender and the\n\noffense. The fee provided in subsection A of this section shall\n\napply to persons subject to this subsection and shall be a condition\n\nof the plea agreement and sentence.\n\nea agreement without reviewing the\n\npresentence investigation report to determine whether or not the\n\nterms of the sentence are appropriate for both the offender and the\n\noffense. The fee provided in subsection A of this section shall\n\napply to persons subject to this subsection and shall be a condition\n\nof the plea agreement and sentence.\n\nF. The presentence investigation reports specified in this\n\nsection shall not be referred to, or be considered, in any appeal\n\nproceedings. Before imposing a sentence, the court shall advise the\n\ndefendant, counsel for the defendant, and the district attorney of\n\nthe factual contents and conclusions of the presentence\n\ninvestigation report. The court shall afford the offender a fair\n\nopportunity to controvert the findings and conclusions of the\n\nreports at the time of sentencing. If either the defendant or the\n\ndistrict attorney desires, a hearing shall be set by the court to\n\nallow both parties an opportunity to offer evidence proving or\n\ndisproving any finding contained in a report, which shall be a\n\nhearing in mitigation or aggravation of punishment.\n\nG. The required presentence investigation and report may be\n\nwaived upon written waiver by the district attorney and the\n\ndefendant and upon approval by the Court.\n\nH. As used in this section, \"violent felony offense\" means:\n\n1. Arson in the first degree;\n\n2. Assault with a dangerous weapon, battery with a dangerous\n\nweapon or assault and battery with a dangerous weapon;\n\n3. Aggravated assault and battery on a police officer, sheriff,\n\nhighway patrol officer, or any other officer of the law;\n\n4. Assault with intent to kill, or shooting with intent to\n\nkill;\n\n5. Assault with intent to commit a felony, or use of a firearm\n\nto commit a felony;\n\n6. Assault while masked or disguised;\n\n7. Burglary in the first degree or burglary with explosives;\n\n8. Child beating or maiming;\n\n9. Forcible sodomy;\n\n10. Kidnapping, or kidnapping for extortion;\n\n11. Lewd or indecent proposition or lewd or indecent acts with\n\na child;\n\n12. Manslaughter in the first or second degrees;\n\n13. Murder in the first or second degrees;\n\n14. Rape in the first or second degrees, or rape by\n\ninstrumentation;\n\n15. Robbery in the first or second degrees, or robbery by two\n\nor more persons, or robbery with a dangerous weapon; or\n\n16. Any attempt, solicitation or conspiracy to commit any of\n\nthe above enumerated offenses.","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":"56be4231527a2ea0784da43f431f5d3dee5ae03da4afa1cfa3d4f76f528d3a4f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-981","next":"us-ok/okla.-stat.-tit.-22-22-982a"},"notice":"GroundRules: Original legal text. Not legal advice."}