{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-983v3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-983v3","heading":"Ability of defendant to pay court financial obligations","body":"— Factors — Hardship waiver — Cost hearings — Delinquency — Warrants\n\n— Court cost compliance program.\n\nA. As used in this section, unless the context otherwise\n\nrequires:\n\n1. \"Cost arrest warrant\" means a warrant authorizing arrest\n\nthat is issued by a court under the following circumstances:\n\na. failure to comply with the terms of a court financial\n\nobligations payment plan,\n\nb. failure to appear at a cost hearing or willfulness\n\nhearing, or\n\nc. failure to appear at the office of the court clerk of\n\nthe county in which the court financial obligation is\n\nowed within ten (10) days of being cited by a law\n\nenforcement officer to appear;\n\n2. \"Cost cite and release warrant\" means a warrant issued by a\n\ncourt authorizing citation and release under the following\n\ncircumstances:\n\na. failure to comply with terms of a court financial\n\nobligations payment plan, or\n\nb. failure to appear at a cost hearing or willfulness\n\nhearing;\n\n3. \"Cost hearing\" means a hearing in which the court determines\n\nthe ability of a defendant to pay court financial obligations. Once\n\na cost hearing date has been set, all court financial obligations\n\nshall be suspended until the cost hearing has been held;\n\n4. \"Court financial obligation\" means all financial obligations\n\nincluding fines, costs, fees, and assessments, imposed by the court\n\nor required by law to be paid, excluding restitution or payments to\n\nbe made other than to the court clerk;\n\n5. \"Payment-in-full\" means a court financial payment term that\n\nrequires the defendant to pay the full amount of court financial\n\nobligations owed within ninety (90) days of a plea or sentence in\n\nthe district court or within thirty (30) days of a plea or sentence\n\nin the municipal court;\n\n6. \"Payment-in-installments\" means payment terms for court\n\nfinancial obligations that require the defendant to make monthly\n\npayments in any amount until the amount owed is fully paid; and\n\n7. \"Willfulness hearing\" means a hearing in which the court\n\ndetermines whether a defendant who has previously been found to have\n\nthe ability to pay court financial obligations has willfully failed\n\nto pay the debt.\n\nB. 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 court financial obligations upon a defendant, the\n\ncourt at the time of sentencing may immediately, or at any point\n\nthereafter until the debt is either paid or waived, determine the\n\nability of a defendant to pay the court financial obligations. The\n\ncourt may make such determinations at a cost hearing or upon written\n\nmotion or affidavit by the defendant. The ability of a defendant to\n\npay court financial obligations may not impact the sentence imposed.\n\n2. Defendants with court financial obligations who are found by\n\nthe court to be unable to pay, in whole or in part, shall be\n\nrelieved of the debt by the court through a hardship waiver of the\n\ncourt financial obligations, either in whole or in part.\n\n3. In determining the ability of a defendant to pay, the court\n\nshall consider the following factors:\n\na. individual and household income,\n\nb. household living expenses,\n\nc. number of dependents,\n\nd. assets,\n\ne. child support obligations,\n\nf. physical or mental health conditions that diminish the\n\nability to generate income or manage resources,\n\ng. additional case-related expenses to be paid by the\n\ndefendant, and\n\nh. any other factors relevant to the ability of the\n\ndefendant to pay.\n\n4. In determining the ability of a defendant to pay, the\n\nfollowing shall not be considered as income or assets:\n\na. child support income,\n\nb. any monies received from a federal, state, or tribal\n\ngovernment need-based or disability assistance\n\nprogram, or\n\nc. assets exempt from bankruptcy.\n\n5. Defendants in the following circumstances are presumed\nelevant to the ability of the\n\ndefendant to pay.\n\n4. In determining the ability of a defendant to pay, the\n\nfollowing shall not be considered as income or assets:\n\na. child support income,\n\nb. any monies received from a federal, state, or tribal\n\ngovernment need-based or disability assistance\n\nprogram, or\n\nc. assets exempt from bankruptcy.\n\n5. Defendants in the following circumstances are presumed\n\nunable to pay and eligible for relief under paragraph 2 of this\n\nsubsection:\n\na. designated as totally disabled by any federal, state,\n\nor tribal disability services program including but\n\nnot limited to military disability, Social Security\n\nDisability Insurance, Supplemental Security Income, or\n\ntribal disability benefits,\n\nb. receives support from the Temporary Assistance for\n\nNeedy Families program, Supplemental Nutrition\n\nAssistance Program, the Special Supplemental Nutrition\n\nProgram for Women, Infants, and Children nutrition\n\neducation and supplemental food program, or any other\n\nfederal need-based financial support,\n\nc. receives subsidized housing support through the\n\nHousing Choice Voucher program, the United States\n\nDepartment of Housing and Urban Development, or other\n\nstate, local, or federal government housing subsidy\n\nprogram, or\n\nd. total income is below one hundred fifty percent (150%)\n\nof the federal poverty level.\n\nC. 1. At the time of a plea or sentencing, the court shall\n\ninform the defendant of the total court financial obligations owed,\n\nthe consequences of failing to pay the court financial obligations,\n\nand that the defendant may request a cost hearing if at any time he\n\nor she is unable to pay the court financial obligations, at which\n\npoint the court may waive all or part of the debt owed. If the\n\ntotal amount of court financial obligations owed is not available at\n\nthe time of the plea or sentencing, the court shall inform the\n\ndefendant that court financial obligations have been incurred and\n\nthe time and location where the defendant may learn of the total\n\namount owed.\n\n2. The court shall order the defendant to appear immediately\n\nafter sentencing at the office of the court clerk to provide current\n\ncontact information and to either select payment terms or request a\n\ncost hearing. Failure to immediately report to the court clerk\n\nshall result in the full amount of court financial obligations to be\n\ndue thirty (30) days from the date of the plea or sentencing in\n\ndistrict courts or thirty (30) days from the date of the plea or\n\nsentencing in municipal courts.\n\n3. Payment of court financial obligations may be made under the\n\nfollowing terms:\n\na. payment in full, or\n\nb. payment in installments.\n\nUpon any change in circumstances affecting the ability of a\n\ndefendant to pay, a defendant may request a cost hearing before the\n\ncourt by contacting the court clerk.\n\n4. The district court for each county and all municipal courts\n\nshall provide a cost hearing for any defendant upon request, either\n\nby establishing a dedicated docket or on an as-requested basis. A\n\ndefendant who requests a cost hearing will receive a summons by\n\npersonal service or by United States mail to appear in court as\n\nrequired by subsection G of this section. If a defendant fails to\n\nappear for a requested cost hearing, the court may issue either a\n\ncost cite and release warrant or a cost arrest warrant. No fees\n\nshall be assessed or collected from the defendant as a consequence\n\nof either requesting a cost hearing or the issuing of a cost cite\n\nand release warrant.\n\nD. In determining the ability of the defendant to pay court\n\nfinancial obligations, the court may rely on testimony, relevant\n\ndocuments, and any information provided by the defendant using a\n\ncost hearing affidavit promulgated by the Court of Criminal Appeals.\n\nIn addition, the court may make inquiry of the defendant and\n\nconsider any other evidence or testimony concerning the ability of\n\nthe defendant to pay.\ning the ability of the defendant to pay court\n\nfinancial obligations, the court may rely on testimony, relevant\n\ndocuments, and any information provided by the defendant using a\n\ncost hearing affidavit promulgated by the Court of Criminal Appeals.\n\nIn addition, the court may make inquiry of the defendant and\n\nconsider any other evidence or testimony concerning the ability of\n\nthe defendant to pay.\n\nE. 1. If at the initial cost hearing or any subsequent cost\n\nhearing, the court determines that the defendant is able to pay some\n\nor all of the court financial obligations, the court may order any\n\nof the following conditions for payment:\n\na. payment in full,\n\nb. payment in installments,\n\nc. financial incentive under a set of conditions\n\ndetermined by the court, or\n\nd. community service in lieu of payment; provided, the\n\ndefendant shall receive credit for no less than two\n\ntimes the amount of the minimum wage specified\n\npursuant to state law for each hour of community\n\nservice.\n\n2. Any defendant who fails to comply with the terms of the\n\npayment plan ordered by the court shall be considered delinquent and\n\nthe court may issue either a cost cite and release warrant or a cost\n\narrest warrant.\n\nF. If the court determines that a waiver of any of the court\n\nfinancial obligations is warranted, the court shall apply the same\n\npercentage reduction equally to all fines, costs, fees, and\n\nassessments, excluding restitution.\n\nG. 1. A defendant is considered delinquent in the payment of\n\ncourt financial obligations under the following circumstances:\n\na. when the total amount due has not been paid by the due\n\ndate, or\n\nb. when no installment payments have been received in the\n\nmost recent ninety-day period.\n\n2. The court clerk shall periodically review cases for\n\ndelinquency at least once every six (6) months and, upon identifying\n\na delinquent defendant, notify the court which shall, within ten\n\n(10) days thereafter, set a cost hearing for the court to determine\n\nif the defendant is able to pay. The cost hearing shall be set\n\nwithin forty-five (45) days of the issuance of the summons. The\n\nhearing shall be set on a date that shall allow the court clerk to\n\nissue a summons fourteen (14) days prior to the cost hearing.\n\nDefendants shall incur no additional fees associated with the\n\nissuance of the summons.\n\n3. At least fourteen (14) days prior to the cost hearing, the\n\ncourt clerk shall issue one summons to the defendant to be served by\n\nUnited States mail to the mailing address of the defendant on file\n\nin the case, substantially as follows:\n\nSUMMONS\n\nYou are ORDERED to appear for a COST HEARING at a specified\n\ntime, place, and date to determine if you are financially able to\n\npay the fines, costs, fees, or assessments or an installment due in\n\nCase No.__________.\n\nYOU MUST BE PRESENT AT THE HEARING.\n\nAt any time before the date of the cost hearing, you may contact\n\nthe court clerk and pay the amount due or request in writing or in\n\nperson prior to the court date, that the hearing be rescheduled for\n\nno later than thirty (30) days after the scheduled time.\n\nTHIS IS NOT AN ARREST WARRANT. However, if you fail to appear\n\nfor the cost hearing or pay the amount due, the court may issue a\n\nWARRANT and may refer the case to a court cost compliance liaison\n\nwhich will cause an additional administrative fee of up to thirty-\n\nfive percent (35%) to be added to the amount owed and may include\n\nadditional costs imposed by the court.\n\n4. Referrals to the court cost compliance program as provided\n\nin subsection L of this section shall be made as follows:\n\na. courts shall refer a case to the court cost compliance\n\nprogram upon the issuance of a cost arrest warrant,\n\nb. courts may refer a case to the court cost compliance\n\nprogram upon the issuance of a cost cite and release\n\nwarrant, or\nde\n\nadditional costs imposed by the court.\n\n4. Referrals to the court cost compliance program as provided\n\nin subsection L of this section shall be made as follows:\n\na. courts shall refer a case to the court cost compliance\n\nprogram upon the issuance of a cost arrest warrant,\n\nb. courts may refer a case to the court cost compliance\n\nprogram upon the issuance of a cost cite and release\n\nwarrant, or\n\nc. courts may refer a case to the court cost compliance\n\nprogram without the issuance of a warrant; provided,\n\nthe defendant is delinquent and has had sufficient\n\nnotice and opportunity to have a cost hearing.\n\n5. A municipal court, in lieu of mailing the summons provided\n\nfor in this subsection, may give the summons to the defendant in\n\nperson at the time of sentencing or subsequent appearance of a\n\nspecific date, time, and place, not fewer than thirty (30) days nor\n\nmore than one hundred twenty (120) days from the date of sentencing\n\nto appear for a cost hearing if the court financial obligations\n\nremain unpaid.\n\nH. 1. If a defendant is found by a law enforcement officer to\n\nhave an outstanding cost cite and release warrant, the law\n\nenforcement officer shall issue a Warning/Notice to appear within\n\nten (10) days of release from detention on the warrant to the court\n\nclerk of the court in which the court financial obligations are\n\nowed. If the officer has the necessary equipment, the officer shall\n\nimmediately transmit the Warning/Notice electronically to the court\n\nclerk of the court in which the court financial obligations are\n\nowed. The law enforcement officer shall not take the defendant into\n\ncustody on the cite and release warrant. If the law enforcement\n\nofficer is unable to transmit the Warning/Notice electronically to\n\nthe court clerk, the officer shall inform the appropriate department\n\nstaff member within the agency of the law enforcement officer of the\n\nWarning/Notice within five (5) days. The department staff member\n\nshall then promptly notify the law enforcement agency in the\n\njurisdiction that issued the warrant electronically who shall\n\npromptly notify the court clerk. The electronic communication shall\n\nbe treated as a duplicate original for all purposes in any\n\nsubsequent hearings before the appropriate court.\n\n2. If the defendant reports to the office of the court clerk\n\nwithin the ten (10) days, the court clerk shall:\n\na. inform the court of the Warning/Notice to the\n\ndefendant and contact,\n\nb. schedule a cost hearing pursuant to applicable local\n\ncourt rule, and\n\nc. submit the warrant to the court for recall pending the\n\ncost hearing.\n\n3. If the defendant fails to report to the office of the court\n\nclerk within the ten (10) days, the court may issue a cost arrest\n\nwarrant for the arrest of the defendant.\n\n4. Following an arrest on a cost arrest warrant, the defendant\n\nmust be released after seventy-two (72) hours in custody. The\n\ndefendant may be released prior to seventy-two (72) hours if:\n\na. the custodian is presented with proof of payment in\n\nthe amount of One Hundred Dollars ($100.00) to each\n\njurisdiction where the court financial obligations are\n\nowed and the new cost hearing date is provided,\n\nb. the court releases the defendant on the defendant's\n\nown recognizance and a new cost hearing date is\n\nprovided, or\n\nc. the court conducts a cost or willfulness hearing, as\n\nappropriate, pursuant to the provisions of this\n\nsection and determines the defendant should be\n\nreleased.\n\n5. The provisions for issuing a separate summons described in\n\nsubsection G of this section shall not apply to a municipal court if\n\nthe municipal court has previously provided actual personal notice\n\nto the defendant of an opportunity for a cost hearing. If such\n\nnotice was given and the defendant fails to appear, the municipal\n\ncourt may issue either a cost cite and release warrant or a cost\n\narrest warrant.\n\n6. All warrants for failure to appear at a cost hearing or for\nf this section shall not apply to a municipal court if\n\nthe municipal court has previously provided actual personal notice\n\nto the defendant of an opportunity for a cost hearing. If such\n\nnotice was given and the defendant fails to appear, the municipal\n\ncourt may issue either a cost cite and release warrant or a cost\n\narrest warrant.\n\n6. All warrants for failure to appear at a cost hearing or for\n\nfailure to pay court financial obligations which have been issued\n\nprior to the effective date of this act and which remain unserved,\n\nshall be treated as cost cite and release warrants. All warrant\n\nfees assessed for warrants for failure to appear at a cost hearing\n\nor for failure to pay court financial obligations issued prior to\n\nthe effective date of this act shall remain in effect unless waived\n\nby the court.\n\nI. Supporting documents in a motion or affidavit for relief\n\nfrom court financial obligation debt or any documents taken into\n\nevidence during a cost hearing or willfulness hearing shall not be\n\nviewable by the public on a court-controlled website.\n\nJ. 1. After a cost hearing where a defendant is found able to\n\npay a court financial obligation, either in whole or in part, and\n\nthen becomes delinquent in that payment, a court may conduct a\n\nwillfulness hearing at any time beginning immediately after a cost\n\nhearing has been held and a decision rendered on the court financial\n\nobligations. Findings of a defendant's prior ability to pay may be\n\nconsidered as evidence of ability to pay or willfulness at the\n\nhearing. The requirements of this paragraph shall not be construed\n\nto prohibit the court from holding subsequent cost hearings on the\n\nsame court financial obligations.\n\n2. At a willfulness hearing, the court shall evaluate the\n\nfollowing:\n\na. whether a cost hearing has been held previously where\n\nevidence relating to ability to pay was presented and\n\nthe court found the defendant was able to pay the\n\ncourt financial obligations, either in whole or in\n\npart,\n\nb. whether there is any new evidence of ability to pay\n\nnot previously considered or a change in circumstances\n\nsince the cost hearing,\n\nc. whether the defendant was afforded sufficient time and\n\nopportunity to fulfill the obligation to pay the court\n\nfinancial obligations,\n\nd. whether the defendant made any efforts to satisfy the\n\ncourt financial obligations, and\n\ne. whether there are any other relevant facts or\n\ncircumstances.\n\n3. After a finding of willful failure to pay court financial\n\nobligations, the court may impose a jail sentence pursuant to\n\nSection 101 of Title 28 of the Oklahoma Statutes. A jail sentence\n\nmay be imposed only under the following circumstances:\n\na. the hearing is conducted on the record pursuant to the\n\nrules promulgated by the Court of Criminal Appeals,\n\nand\n\nb. the defendant is represented by counsel or expressly\n\nwaives his or her right to counsel.\n\n4. If a jail sentence is imposed, the court may grant credit\n\nfor any time already served. At any time after incarceration, the\n\njail sentence may be satisfied upon payment in full of the\n\noutstanding balance with credit for any time already served.\n\nK. The district court or municipal court, within one hundred\n\ntwenty (120) days from the date upon which the person fails to\n\ncomply with the financial obligation as ordered by the court or\n\nfails to appear for the offered cost or willfulness hearing, may, if\n\nthe defendant has previously been notified of the possibility of a\n\nsuspension, send notice of nonpayment of any court-ordered financial\n\nobligation for a moving traffic violation to Service Oklahoma with a\n\nrecommendation of suspension of driving privileges of the defendant\n\nuntil the total amount of any court financial obligation has been\n\npaid or waived by the court. Upon receipt of payment of the total\n\namount of the court financial obligations for the moving traffic\nion, send notice of nonpayment of any court-ordered financial\n\nobligation for a moving traffic violation to Service Oklahoma with a\n\nrecommendation of suspension of driving privileges of the defendant\n\nuntil the total amount of any court financial obligation has been\n\npaid or waived by the court. Upon receipt of payment of the total\n\namount of the court financial obligations for the moving traffic\n\nviolation, the court shall send notice thereof to Service Oklahoma,\n\nif a nonpayment notice was sent as provided for in this subsection.\n\nNotices sent to Service Oklahoma shall be on forms or by a method\n\napproved by Service Oklahoma.\n\nL. Every county and district court of this state shall fully\n\nutilize and participate in the court cost compliance program. Cases\n\nshall be referred to the court cost compliance program no more than\n\nsixty (60) days after the court has ordered the referral pursuant to\n\nparagraph 4 of subsection G of this section, unless the defendant\n\npays the amount owed on the court financial obligation or an\n\ninstallment due. When the court refers a case, the updated contact\n\ninformation on file shall be forwarded to a court cost compliance\n\nliaison for collection purposes.\n\nM. The Court of Criminal Appeals shall implement procedures and\n\nrules for implementation of the requirements of this section. Such\n\nprocedures, rules, and any supplemental forms may be made available\n\nby the Administrative 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":"ba2a8d0a32fc3b4ca9c683363b78f966c8090335994e4fd0907b3c4b0752b3a9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-983v2","next":"us-ok/okla.-stat.-tit.-22-22-984.1"},"notice":"GroundRules: Original legal text. Not legal advice."}