{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-983v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-983v2","heading":"Imprisonment or recommendation of suspension of driving","body":"privileges for failure to pay fines, costs, fees or assessments -\n\nHearing - Installments.\n\nA. 1. Except in cases provided for in Section 983b of this\n\ntitle, when the judgment and sentence of a court, either in whole or\n\nin part, imposes fines, costs, fees, or assessments upon a\n\ndefendant, the court at the time of sentencing shall require the\n\ndefendant to complete under oath a form promulgated by the Court of\n\nCriminal Appeals that provides current information regarding the\n\nfinancial ability of the defendant to pay.\n\n2. The information to be required on the form shall include,\n\nbut not be limited to, the individual and household income and\n\nliving expenses of the defendant, excluding child support and any\n\nmonies received from a federal or state government need-based or\n\ndisability assistance program, the number of dependents, a listing\n\nof assets, excluding assets exempt from bankruptcy, child support\n\nobligations, health, mental or behavioral health conditions that\n\ndiminish the ability of the defendant to pay restitution, and\n\nadditional court-related expenses to be paid by the defendant.\n\n3. For purposes of this section, fines, costs, fees, and\n\nassessments shall include all financial obligations imposed by the\n\ncourt or required by law to be paid, excluding restitution or\n\npayments to be made other than to the court clerk, and shall be\n\nreferred to as financial obligations.\n\nB. 1. The court shall order the defendant to appear\n\nimmediately after sentencing at the office of the court clerk who\n\nshall inform the defendant of the total amount of all financial\n\nobligations that have been ordered by the court. If the defendant\n\nstates to the court clerk that he or she is unable to pay the\n\nfinancial obligations immediately, the court clerk, based on the\n\nverified information provided by the defendant, shall establish,\n\nsubject to approval of the court, a monthly installment plan that\n\nwill cause the financial obligations to be satisfied within no more\n\nthan seventy-two (72) months, unless extended by the court.\n\n2. The court clerk shall advise the defendant orally and by\n\ndelivery of a form promulgated by the Court of Criminal Appeals,\n\nthat:\n\na. it is the obligation of the defendant to keep the\n\ncourt clerk informed of the contact information of the\n\ndefendant until the financial obligations have been\n\npaid. Such information shall include the current\n\nmailing and physical addresses of the defendant,\n\ntelephone or cellular phone number of the defendant,\n\nand the email address where the defendant may receive\n\nnotice from the court,\n\nb. if the defendant is unable to pay the financial\n\nobligations ordered by the court immediately or in the\n\ninstallments recommended by the court clerk, the\n\ndefendant may request a cost hearing for the court to\n\ndetermine the ability of the defendant to pay the\n\namount due and to request modification of the\n\ninstallment plan, a reduction in the amount owed, or\n\nwaiver of payment of the amount owed, and\n\nc. upon any subsequent change in circumstances affecting\n\nthe ability of the defendant to pay, the defendant may\n\ncontact the court clerk and request additional cost\n\nhearings before the court.\n\n3. An order shall be filed in the case with the approval or\n\ndisapproval by the court of the payment plan. If the court does not\n\napprove the payment plan recommended by the court clerk, the court\n\nshall enter its order establishing the payment plan. The defendant\n\nshall be notified by certified mail or personal service of the order\n\nentered by the court and shall be given the opportunity for a cost\n\nhearing.\n\n4. The district court for each county and all municipal courts\n\nshall set a regular time and courtroom for cost hearings.\n\nC. If the defendant requests a cost hearing, the court clerk\n\nshall set the hearing no later than sixty (60) days after\nervice of the order\n\nentered by the court and shall be given the opportunity for a cost\n\nhearing.\n\n4. The district court for each county and all municipal courts\n\nshall set a regular time and courtroom for cost hearings.\n\nC. If the defendant requests a cost hearing, the court clerk\n\nshall set the hearing no later than sixty (60) days after\n\nsentencing. In determining the ability of the defendant to pay, the\n\ncourt shall rely on the verified information submitted by the\n\ndefendant on the form promulgated by the Court of Criminal Appeals\n\nand any updates to the information. In addition, the court may make\n\ninquiry of the defendant and consider any other evidence or\n\ntestimony concerning the ability of the defendant to pay.\n\nD. 1. If at the initial cost hearing or any subsequent cost\n\nhearing, the court determines that the defendant is unable to\n\nimmediately pay the financial obligations or the required\n\ninstallments, the court may reduce the amount of the installments,\n\nextend the payment plan beyond seventy-two (72) months, or waive\n\npayment of all or part of the amount owed. The court may include a\n\nfinancial incentive for accelerated payment. Additionally, the\n\ncourt may order community service in lieu of payment. The defendant\n\nshall receive credit for no less than two times the amount of the\n\nminimum wage specified pursuant to state law for each hour of\n\ncommunity service.\n\n2. If at any time due to a change in conditions the defendant\n\nis unable to pay the financial obligations ordered by the court or\n\nany installment, the defendant may request an additional cost\n\nhearing.\n\nE. If the court determines that a waiver of any of the\n\nfinancial obligations is warranted, the court shall equally apply\n\nthe same percentage reduction to all fines, costs, fees, and\n\nassessments, excluding restitution.\n\nF. 1. If a defendant is delinquent in the payment of financial\n\nobligations or an installment by more than sixty (60) days, the\n\ncourt clerk shall notify the court which shall, within ten (10) days\n\nthereafter, set a cost hearing for the court to determine if the\n\ndefendant is able to pay. The hearing shall be set on a date that\n\nwill allow the court clerk to issue a summons fourteen (14) days\n\nprior to the cost hearing.\n\n2. No less than fourteen (14) days prior to the cost hearing,\n\nthe court clerk shall issue one summons to the defendant to be\n\nserved by United States mail to the mailing address of the defendant\n\non file in the case, substantially as follows:\n\nSUMMONS\n\nYou are ORDERED to appear for a cost hearing at a specified time,\n\nplace, and date to determine if you are financially able but\n\nwillfully refuse or neglect to pay the fines, costs, fees, or\n\nassessments or an installment due in Case No.__________.\n\nYou must be present at the hearing.\n\nAt any time before the date of the cost hearing, you may contact the\n\ncourt clerk and pay the fines, costs, fees, or assessments or any\n\ninstallment due.\n\nTHIS IS NOT AN ARREST WARRANT. However, if you fail to appear for\n\nthe cost hearing or to make the payment, the court will issue a\n\nWARRANT for “FAILURE TO APPEAR—COST HEARING” and refer the case to a\n\ncourt cost compliance liaison which will cause an additional thirty\n\npercent (30%) administrative fee to be added to the amount owed.\n\n3. If the defendant fails to appear at the cost hearing or pay\n\nthe amount due the court shall issue a warrant for FAILURE TO\n\nAPPEAR—COST HEARING and refer the case to the court cost compliance\n\nprogram as provided in subsection K of this section.\n\n4. Municipal courts, in lieu of mailing the summons provided\n\nfor in this subsection, may give the defendant personal notice at\n\nthe time of sentencing of a specific date, time, and place, not less\n\nthan sixty (60) nor more than one hundred twenty (120) days from the\n\ndate of sentencing to appear for a cost hearing if the fines, costs,\npliance\n\nprogram as provided in subsection K of this section.\n\n4. Municipal courts, in lieu of mailing the summons provided\n\nfor in this subsection, may give the defendant personal notice at\n\nthe time of sentencing of a specific date, time, and place, not less\n\nthan sixty (60) nor more than one hundred twenty (120) days from the\n\ndate of sentencing to appear for a cost hearing if the fines, costs,\n\nfees, and assessments remain unpaid.\n\nG. If a defendant is found by a law enforcement officer to have\n\nan outstanding warrant for FAILURE TO APPEAR—COST HEARING, the law\n\nenforcement officer shall release the defendant and issue a citation\n\nto appear pursuant to Section 209 of this title. If the defendant\n\nfails to appear at the time and place cited by the law enforcement\n\nofficer, the court may issue a summons or warrant as provided in\n\nSection 209 of this title. The provisions of this subsection shall\n\nnot apply to a municipal court if the municipal court has previously\n\nprovided personal service to the defendant of an opportunity for a\n\ncost hearing.\n\nH. In determining whether the defendant is able to pay\n\ndelinquent financial obligations or any installments due, the court\n\nshall consider the criteria provided in subsection C of this\n\nsection.\n\nI. Any defendant found guilty of an offense in any court of\n\nthis state may be imprisoned for nonpayment of his or her financial\n\nobligations when the court finds after notice and hearing that the\n\ndefendant is financially able but willfully refuses or neglects to\n\npay the financial obligations owed. A sentence to pay a fine, cost,\n\nfee, or assessment may be converted into a jail sentence only after\n\na hearing and a judicial determination, memorialized of record, that\n\nthe defendant is able to satisfy the fine, cost, fee, or assessment\n\nby payment, but refuses or neglects so to do.\n\nJ. In addition, the district court or municipal court, within\n\none hundred twenty (120) days from the date upon which the person\n\nwas originally ordered to make payment, and if the court finds and\n\nmemorializes into the record that the defendant is financially able\n\nbut willfully refuses to or neglects to pay the fines, costs, fees,\n\nor assessments, or an installment due, may send notice of nonpayment\n\nof any court ordered fine and costs for a moving traffic violation\n\nto Service Oklahoma with a recommendation of suspension of driving\n\nprivileges of the defendant until the total amount of any fine and\n\ncosts has been paid. Upon receipt of payment of the total amount of\n\nthe fine and costs for the moving traffic violation, the court shall\n\nsend notice thereof to Service Oklahoma, if a nonpayment notice was\n\nsent as provided for in this subsection. Notices sent to Service\n\nOklahoma shall be on forms or by a method approved by Service\n\nOklahoma.\n\nK. All counties of the state shall fully utilize and\n\nparticipate in the court cost compliance program. Cases shall be\n\nreferred to the court cost compliance program not less than thirty\n\n(30) days nor more than sixty (60) days after the defendant fails to\n\nappear for a cost hearing unless the defendant pays the amount owed\n\non the financial obligation, or an installment due. When the court\n\nrefers the case, the updated contact information on file shall be\n\nforwarded to a court cost compliance liaison for collection\n\npurposes.\n\nL. The Court of Criminal Appeals shall implement procedures,\n\nforms, and rules consistent with the provisions of this section for\n\nmethods of establishing payment plans of fines, costs, fees, and\n\nassessments by indigents, which procedures, forms, and rules shall\n\nbe distributed to all district courts and municipal courts by the\n\nAdministrative Office of the Courts.","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":"b824ba1adc8aabf92d51f0835d26e38d0fab45330b6bcf0d91993090e4c61b5d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-983v1","next":"us-ok/okla.-stat.-tit.-22-22-983v3"},"notice":"GroundRules: Original legal text. Not legal advice."}