{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-991a-4.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-991a-4.1","heading":"Community Service Sentencing Program","body":"A. There is hereby re-created the “Community Service Sentencing\n\nProgram”. This program is a continuation of the program established\n\nin 1988 by Section 991a-4 of Title 22 of the Oklahoma Statutes. The\n\npurpose of the program shall be to provide an alternative to\n\nincarceration for nonviolent felony offenders who would normally be\n\nsentenced to incarceration in a state institution.\n\nB. Any eligible offender may be sentenced, at the discretion of\n\nthe judge, to a Community Service Sentencing Program pursuant to the\n\nprovisions of this section. For purposes of this section, “eligible\n\noffender” shall mean any person who:\n\n1. Is not participating in the Delayed Sentencing Program for\n\nYoung Adults pursuant to the provisions of Sections 996 through\n\n996.3 of Title 22 of the Oklahoma Statutes;\n\n2. Has not previously been convicted of two or more felonies;\n\n3. Has been convicted of a nonviolent felony offense which\n\nshall be defined as any felony offense except assault and battery\n\nwith a dangerous weapon, aggravated assault and battery on a law\n\nofficer, poisoning with intent to kill, shooting with intent to\n\nkill, assault with intent to kill, assault with intent to commit a\n\nfelony, murder in the first degree, murder in the second degree,\n\nmanslaughter in the first degree, manslaughter in the second degree,\n\nkidnapping, burglary in the first degree, kidnapping for extortion,\n\nmaiming, robbery, child beating, wiring any equipment, vehicle, or\n\nstructure with explosives, forcible sodomy, rape in the first degree\n\nor rape by instrumentation, lewd or indecent proposition or lewd or\n\nindecent act with a child under sixteen (16) years of age, use of a\n\nfirearm or offensive weapon to commit or attempt to commit a felony,\n\npointing firearms, rioting or arson in the first degree;\n\n4. Has properly completed and executed all necessary documents;\n\nand\n\n5. Is not otherwise ineligible by law or court rule.\n\nC. The Department of Corrections shall administer the Program,\n\nexcept in counties with a population of five hundred fifty thousand\n\n(550,000) or more persons that operate an existing program. The\n\nDepartment shall conduct a presentence investigation pursuant to the\n\nprovisions of Section 982 of Title 22 of the Oklahoma Statutes if\n\nthe court determines the offender is to be assigned to the Program.\n\nAs part of such presentence investigation, the Department shall\n\ninterview the offender and advise the offender of the requirements\n\nand conditions of the Program. The Department shall recommend an\n\nassignment of the offender to any one or combination of the\n\nfollowing areas:\n\n1. Community service, with or without compensation;\n\n2. Education, vocational-technical education or literacy\n\nprograms;\n\n3. Substance abuse treatment programs;\n\n4. Periodic testing for the presence of controlled substances;\n\n5. Psychological counseling or psychiatric treatment;\n\n6. Medical treatment;\n\n7. Restitution, to be paid either to the victim of the offense\n\nor to the Crime Victims Compensation Revolving Fund created pursuant\n\nto the provisions of Section 142.17 of Title 21 of the Oklahoma\n\nStatutes;\n\n8. Confinement in a county jail for a period not to exceed one\nlogical counseling or psychiatric treatment;\n\n6. Medical treatment;\n\n7. Restitution, to be paid either to the victim of the offense\n\nor to the Crime Victims Compensation Revolving Fund created pursuant\n\nto the provisions of Section 142.17 of Title 21 of the Oklahoma\n\nStatutes;\n\n8. Confinement in a county jail for a period not to exceed one\n\n(1) year, night or weekend incarceration pursuant to the provisions\n\nof Section 991a-2 of Title 22 of the Oklahoma Statutes or\n\nincarceration by the Department of Corrections; provided, the\n\nDepartment of Corrections shall reimburse a county which does not\n\nreceive payments from any other source for the cost of the necessary\n\nexpenses of such persons during periods of such incarceration in an\n\namount not to exceed Twenty Dollars ($20.00) per day and any county\n\nreceiving such payments in an amount not to exceed Ten Dollars\n\n($10.00) per day. The Department shall reimburse the county for the\n\nactual cost paid for any emergency medical care for physical injury\n\nor illness of such persons if the county is required by law to\n\nprovide such care for inmates in the jail. The reimbursements\n\nprovided by this section shall not exceed the cost that would have\n\naccrued to the state for the feeding, care or medical care of the\n\npersons had they been incarcerated with the Department. Except as\n\notherwise provided by law, all provisions of the Oklahoma\n\nCorrections Act of 1967, Section 501 et seq. of Title 57 of the\n\nOklahoma Statutes, shall apply to such persons, including but not\n\nlimited to any provisions requiring payment by such persons of the\n\ncosts of incarceration; or\n\n9. Probation or conditional probation.\n\nD. In counties with a population of five hundred fifty thousand\n\n(550,000) or more persons that operate an existing program, the\n\nDepartment of Corrections is hereby authorized to reimburse the\n\ncounty sheriff, pursuant to paragraph 8 of subsection C of this\n\nsection, the cost of necessary expenses for confinement in the\n\ncounty jail for any eligible offender as defined in subsection B of\n\nthis section. Such reimbursement shall be subject to appropriation\n\nby the Legislature. The Department may promulgate rules and\n\nprocedures for submitting claims for reimbursements.\n\nE. The judge shall consider the criminal history of the\n\noffender, the nature of the offender's criminal conduct, the\n\nemployment and family history of the offender and any other factors\n\nthe judge deems relevant when sentencing persons to the Program.\n\nFollowing the presentence investigations and recommendation, the\n\njudge shall impose sentence. The judge may accept the\n\nrecommendation, with or without modifications thereto, or may reject\n\nthe recommendation and impose any sentence allowed by law.\n\nF. The provisions of Sections 20, 58.3, 138, 138.1 and 224 of\n\nTitle 57 of the Oklahoma Statutes and Section 615 of Title 69 of the\n\nOklahoma Statutes and any other provisions of law relating to earned\n\ncredits for certain acts or service shall not apply to persons\n\nparticipating in the Program. The judge may establish a schedule of\n\nearned credits as part of the sentence.\n\nG. The Department shall establish a list of federal, state and\n\nlocal government agencies, community service agencies, nonprofit\n\norganizations, educational programs and other treatment programs\n\nwilling to participate in the program to which offenders may be\n\nreferred. The Department shall periodically contact agencies,\n\norganizations and programs to which offenders are assigned to\n\ndetermine if offenders have reported and performed satisfactorily.\n\nAny such agency or program shall immediately notify the Department\n\nif an offender fails to fulfill any requirement of the Program. The\n\nDepartment or the sentencing judge may require additional\n\ndocumentation of the offender's work performance.\nally contact agencies,\n\norganizations and programs to which offenders are assigned to\n\ndetermine if offenders have reported and performed satisfactorily.\n\nAny such agency or program shall immediately notify the Department\n\nif an offender fails to fulfill any requirement of the Program. The\n\nDepartment or the sentencing judge may require additional\n\ndocumentation of the offender's work performance.\n\nH. The Department shall ensure that the sentencing judge and\n\nprosecuting attorney are notified in writing when an offender has\n\nsuccessfully completed the assigned community service hours or other\n\nrequirements of the Program or has failed to complete the\n\nrequirements and provide any other relevant information required by\n\nthe sentencing judge or prosecuting attorney.\n\nI. All state and local government agencies, community service\n\nagencies, nonprofit organizations, educational programs and other\n\ntreatment programs participating in the Program are hereby immune\n\nfrom liability for any offender participating in the Program under\n\nthe Workers' Compensation Act, Section 1 et seq. of Title 85 of the\n\nOklahoma Statutes, and for torts committed by or against any\n\noffender participating in the Program to the extent specified in\n\nSections 227 and 228 of Title 57 of the Oklahoma Statutes.\n\nJ. Any offender participating in the Program shall be advised\n\nof the provisions of this section and shall, in writing, acknowledge\n\nthat the offender has been advised of and understands the provisions\n\nof the Program.","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":"fc5a5a1a0eff21d07af504ae54edb7b23c5c59ae0dbdc9ef436eff020918014b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-991a-3","next":"us-ok/okla.-stat.-tit.-22-22-991a-4.2"},"notice":"GroundRules: Original legal text. Not legal advice."}