{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-988.18","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-988.18","heading":"Assessment and evaluation of defendants","body":"A. On and after March 1, 2000, for each offender considered for\n\nany community punishment pursuant to the Oklahoma Community\n\nSentencing Act, the judge shall, prior to sentencing, order an\n\nassessment and evaluation of the defendant as required by law. The\n\njudge may determine that no additional assessment is required if one\n\nwas completed within the last six (6) months.\n\nB. The risk and needs assessment and evaluation instrument\n\ndesigned to predict risk to recidivate approved by the Department of\n\nCorrections, shall be required to determine eligibility for any\n\noffender sentenced pursuant to the Oklahoma Community Sentencing\n\nAct. The completed assessment accompanied by a written supervision\n\nplan shall be presented to and reviewed by the court prior to\n\ndetermining any punishment for the offense. The purpose of the\n\nassessment shall be to identify the extent of the deficiencies and\n\npro-social needs of the defendant, the potential risk to commit\n\nadditional offenses that threaten public safety, and the\n\nappropriateness of various community punishments.\n\nC. Upon order of the court, the defendant shall be required to\n\nsubmit to the risk and needs assessment which shall be administered\n\nand scored by an appropriately trained person pursuant to a service\n\nagreement with the local community sentencing system. Any defendant\n\nlacking sufficient skills to comprehend or otherwise participate in\n\nthe assessment and evaluation shall have appropriate assistance. If\n\nit is determined that the offender cannot be adequately evaluated\n\nusing the risk and needs assessment, the offender shall be deemed\n\nineligible for any community services pursuant to the Oklahoma\n\nCommunity Sentencing Act, and shall be sentenced as prescribed by\n\nlaw for the offense.\n\nD. The willful failure or refusal of the defendant to be\n\nassessed and evaluated by using the risk and needs assessment shall\n\npreclude the defendant from eligibility for any community\n\npunishment.\n\nE. The completed risk and needs assessment, shall include a\n\nwritten supervision plan and identify an appropriate community\n\npunishment, if any, when the offender is considered eligible for\n\ncommunity punishments based upon the completed risk/need score from\n\nthe risk and needs assessment of the offender. Unless otherwise\n\nprohibited by law, only eligible offenders, as defined in Section\n\n988.2 of this title, shall be eligible for any state-funded\n\ncommunity punishments.\n\nF. The court is not required to sentence any offender to a\n\ncommunity punishment regardless of an eligible score on the risk and\n\nneeds assessment. Any offender scoring in the low risk/need levels\n\non the risk and needs assessment may be sentenced to a suspended\n\nsentence with minimal, if any, conditions of the sentence to be paid\n\nby the offender. If the risk and needs assessment has been\n\nconducted, the evaluation report shall accompany the judgment and\n\nsentence, provided the risk and needs assessment indicates the\n\noffender is in need of this level of supervision and treatment.","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":"7675ae8be6a73b0d3d642804b6e466e16730df88d5b87cdb709df564818e43d6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-988.17","next":"us-ok/okla.-stat.-tit.-22-22-988.19"},"notice":"GroundRules: Original legal text. Not legal advice."}