{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-982a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-982a","heading":"Judicial review","body":"A. 1. Any time within sixty (60) months after the initial\n\nsentence is imposed or within sixty (60) months after probation has\n\nbeen revoked, the court imposing sentence or revocation of probation\n\nmay modify such sentence or revocation by directing that another\n\nsentence be imposed, if the court is satisfied that the best\n\ninterests of the public will not be jeopardized; provided, however,\n\nthe court shall not impose a deferred sentence. Any application for\n\nsentence modification that is filed and ruled upon beyond twelve\n\n(12) months of the initial sentence being imposed must be approved\n\nby the district attorney who shall provide written notice to any\n\nvictims in the case which is being considered for modification.\n\n2. The court imposing sentence may modify the sentence of any\n\noffender who was originally sentenced for a drug charge and ordered\n\nto complete the Drug Offender Work Camp at the Bill Johnson\n\nCorrectional Facility and direct that another sentence be imposed,\n\nif the court is satisfied that the best interests of the public will\n\nnot be jeopardized; provided, however, the court shall not impose a\n\ndeferred sentence. An application for sentence modification\n\npursuant to this paragraph may be filed and ruled upon beyond the\n\ninitial sixty-month time period provided for in paragraph 1 of this\n\nsubsection.\n\n3. This section shall not apply to convicted felons who have\n\nbeen in confinement in any state or federal prison system for any\n\nprevious felony conviction during the ten-year period preceding the\n\ndate that the sentence this section applies to was imposed.\n\nFurther, without the consent of the district attorney, this section\n\nshall not apply to sentences imposed pursuant to a plea agreement or\n\njury verdict.\n\nB. The court imposing the sentence may modify the sentence of\n\nany offender sentenced to life without parole for an offense other\n\nthan a violent crime, as enumerated in Section 571 of Title 57 of\n\nthe Oklahoma Statutes, who has served at least ten (10) years of the\n\nsentence in the custody of the Department of Corrections upon a\n\nfinding that the best interests of the public will not be\n\njeopardized. Provided; however, prior to granting a sentence\n\nmodification under the provisions of this subsection, the court\n\nshall provide notice of the hearing to determine sentence\n\nmodification to the victim or representative of the victim and shall\n\nallow the victim or representative of the victim the opportunity to\n\nprovide testimony at the hearing. The court shall consider the\n\ntestimony of the victim or representative of the victim when\n\nrendering a decision to modify the sentence of an offender.\n\nC. For purposes of judicial review, upon court order or written\n\nrequest from the sentencing judge, the Department of Corrections\n\nshall provide the court imposing sentence or revocation of probation\n\nwith a report to include a summary of the assessed needs of the\n\noffender, any progress made by the offender in addressing his or her\n\nassessed needs, and any other information the Department can supply\n\non the offender. The court shall consider such reports when\n\nmodifying the sentence or revocation of probation. The court shall\n\nallow the Department of Corrections at least twenty (20) days after\n\nreceipt of a request or order from the court to prepare the required\n\nreports.\n\nD. If the court considers modification of the sentence or\n\nrevocation of probation, a hearing shall be made in open court after\n\nreceipt of the reports required in subsection C of this section.\n\nThe clerk of the court imposing sentence or revocation of probation\n\nshall give notice of the judicial review hearing to the Department\n\nof Corrections, the offender, the legal counsel of the offender, and\n\nthe district attorney of the county in which the offender was\n\nconvicted upon receipt of the reports. Such notice shall be mailed\n\nat least twenty-one (21) days prior to the hearing date and shall\nclerk of the court imposing sentence or revocation of probation\n\nshall give notice of the judicial review hearing to the Department\n\nof Corrections, the offender, the legal counsel of the offender, and\n\nthe district attorney of the county in which the offender was\n\nconvicted upon receipt of the reports. Such notice shall be mailed\n\nat least twenty-one (21) days prior to the hearing date and shall\n\ninclude a copy of the report and any other written information to be\n\nconsidered at the judicial review hearing.\n\nE. If an appeal is taken from the original sentence or from a\n\nrevocation of probation which results in a modification of the\n\nsentence or modification to the revocation of probation of the\n\noffender, such sentence may be further modified in the manner\n\ndescribed in paragraph 1 of subsection A of this section within\n\nsixty (60) months after the receipt by the clerk of the district\n\ncourt of the mandate from the Supreme Court or the Court of Criminal\n\nAppeals.","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":"0f1be46891f167be49a9af549deea72644c7b102201bab5d110c623643ed484e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-982","next":"us-ok/okla.-stat.-tit.-22-22-982b"},"notice":"GroundRules: Original legal text. Not legal advice."}