{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-991av1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-991av1","heading":"Sentencing powers of court - Alcohol and drug","body":"assessment and evaluation - Restitution, fines or incarceration -\n\nVictim impact statements - Probation and monitoring - DNA samples.\n\nA. Except as otherwise provided in the Elderly and\n\nIncapacitated Victim's Protection Program, when a defendant is\n\nconvicted of a crime and no death sentence is imposed, the court\n\nshall either:\n\n1. Suspend the execution of sentence in whole or in part, with\n\nor without probation. The court, in addition, may order the\n\nconvicted defendant at the time of sentencing or at any time during\n\nthe suspended sentence to do one or more of the following:\n\na. to provide restitution to the victim as provided by\n\nSection 991f et seq. of this title or according to a\n\nschedule of payments established by the sentencing\n\ncourt, together with interest upon any pecuniary sum\n\nat the rate of twelve percent (12%) per annum, if the\n\ndefendant agrees to pay such restitution or, in the\n\nopinion of the court, if the defendant is able to pay\n\nsuch restitution without imposing manifest hardship on\n\nthe defendant or the immediate family and if the\n\nextent of the damage to the victim is determinable\n\nwith reasonable certainty,\n\nb. to reimburse any state agency for amounts paid by the\n\nstate agency for hospital and medical expenses\n\nincurred by the victim or victims, as a result of the\n\ncriminal act for which such person was convicted,\n\nwhich reimbursement shall be made directly to the\n\nstate agency, with interest accruing thereon at the\n\nrate of twelve percent (12%) per annum,\n\nc. to engage in a term of community service without\n\ncompensation, according to a schedule consistent with\n\nthe employment and family responsibilities of the\n\nperson convicted,\n\nd. to pay a reasonable sum into any trust fund,\n\nestablished pursuant to the provisions of Sections 176\n\nthrough 180.4 of Title 60 of the Oklahoma Statutes,\n\nand which provides restitution payments by convicted\n\ndefendants to victims of crimes committed within this\n\nstate wherein such victim has incurred a financial\n\nloss,\n\ne. to confinement in the county jail for a period not to\n\nexceed six (6) months,\n\nf. to confinement as provided by law together with a term\n\nof post-imprisonment community supervision for not\n\nless than three (3) years of the total term allowed by\n\nlaw for imprisonment, with or without restitution;\n\nprovided, however, the authority of this provision is\n\nlimited to Section 843.5 of Title 21 of the Oklahoma\n\nStatutes when the offense involved sexual abuse or\n\nsexual exploitation; Sections 681, 741 and 843.1 of\n\nTitle 21 of the Oklahoma Statutes when the offense\n\ninvolved sexual abuse or sexual exploitation; and\n\nSections 865 et seq., 885, 886, 888, 891, 1021,\n\n1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and\n\n1123 of Title 21 of the Oklahoma Statutes,\n\ng. to repay the reward or part of the reward paid by a\n\nlocal certified crime stoppers program and the\n\nOklahoma Reward System. In determining whether the\n\ndefendant shall repay the reward or part of the\n\nreward, the court shall consider the ability of the\n\ndefendant to make the payment, the financial hardship\n\non the defendant to make the required payment, and the\n\nimportance of the information to the prosecution of\n\nthe defendant as provided by the arresting officer or\n\nthe district attorney with due regard for the\n\nconfidentiality of the records of the local certified\n\ncrime stoppers program and the Oklahoma Reward System.\n\nThe court shall assess this repayment against the\n\ndefendant as a cost of prosecution. The term\n\n\"certified\" means crime stoppers organizations that\n\nannually meet the certification standards for crime\n\nstoppers programs established by the Oklahoma Crime\n\nStoppers Association to the extent those standards do\n\nnot conflict with state statutes. The term \"court\"\n\nrefers to all municipal and district courts within\n\nthis state. The \"Oklahoma Reward System\" means the\n\nppers organizations that\n\nannually meet the certification standards for crime\n\nstoppers programs established by the Oklahoma Crime\n\nStoppers Association to the extent those standards do\n\nnot conflict with state statutes. The term \"court\"\n\nrefers to all municipal and district courts within\n\nthis state. The \"Oklahoma Reward System\" means the\n\nreward program established by Section 150.18 of Title\n\n74 of the Oklahoma Statutes,\n\nh. to reimburse the Oklahoma State Bureau of\n\nInvestigation for costs incurred by that agency during\n\nits investigation of the crime for which the defendant\n\npleaded guilty, nolo contendere or was convicted,\n\nincluding compensation for laboratory, technical, or\n\ninvestigation services performed by the Bureau if, in\n\nthe opinion of the court, the defendant is able to pay\n\nwithout imposing manifest hardship on the defendant,\n\nand if the costs incurred by the Bureau during the\n\ninvestigation of the defendant's case may be\n\ndetermined with reasonable certainty,\n\ni. to reimburse the Oklahoma State Bureau of\n\nInvestigation and any authorized law enforcement\n\nagency for all costs incurred by that agency for\n\ncleaning up an illegal drug laboratory site for which\n\nthe defendant pleaded guilty, nolo contendere or was\n\nconvicted. The court clerk shall collect the amount\n\nand may retain five percent (5%) of such monies to be\n\ndeposited in the Court Clerk Revolving Fund to cover\n\nadministrative costs and shall remit the remainder to\n\nthe Oklahoma State Bureau of Investigation to be\n\ndeposited in the OSBI Revolving Fund established by\n\nSection 150.19a of Title 74 of the Oklahoma Statutes\n\nor to the general fund wherein the other law\n\nenforcement agency is located,\n\nj. to pay a reasonable sum to the Crime Victims\n\nCompensation Board, created by Section 142.2 et seq.\n\nof Title 21 of the Oklahoma Statutes, for the benefit\n\nof crime victims,\n\nk. to reimburse the court fund for amounts paid to court-\n\nappointed attorneys for representing the defendant in\n\nthe case in which the person is being sentenced,\n\nl. to participate in an assessment and evaluation by an\n\nassessment agency or assessment personnel certified by\n\nthe Department of Mental Health and Substance Abuse\n\nServices pursuant to Section 3-460 of Title 43A of the\n\nOklahoma Statutes and, as determined by the\n\nassessment, participate in an alcohol and drug\n\nsubstance abuse course or treatment program or both,\n\npursuant to Sections 3-452 and 3-453 of Title 43A of\n\nthe Oklahoma Statutes, or as ordered by the court,\n\nm. to be placed in a victims impact panel program, as\n\ndefined in subsection H of this section, or\n\nvictim/offender reconciliation program and payment of\n\na fee to the program of not less than Fifteen Dollars\n\n($15.00) nor more than Sixty Dollars ($60.00) as set\n\nby the governing authority of the program to offset\n\nthe cost of participation by the defendant. Provided,\n\neach victim/offender reconciliation program shall be\n\nrequired to obtain a written consent form voluntarily\n\nsigned by the victim and defendant that specifies the\n\nmethods to be used to resolve the issues, the\n\nobligations and rights of each person, and the\n\nconfidentiality of the proceedings. Volunteer\n\nmediators and employees of a victim/offender\n\nreconciliation program shall be immune from liability\n\nand have rights of confidentiality as provided in\n\nSection 1805 of Title 12 of the Oklahoma Statutes,\n\nn. to install, at the expense of the defendant, an\n\nignition interlock device approved by the Board of\n\nTests for Alcohol and Drug Influence. The device\n\nshall be installed upon every motor vehicle operated\n\nby the defendant, and the court shall require that a\n\nnotation of this restriction be affixed to the\n\ndefendant's driver license. The restriction shall\n\nremain on the driver license not exceeding two (2)\n\nyears to be determined by the court. The restriction\nrlock device approved by the Board of\n\nTests for Alcohol and Drug Influence. The device\n\nshall be installed upon every motor vehicle operated\n\nby the defendant, and the court shall require that a\n\nnotation of this restriction be affixed to the\n\ndefendant's driver license. The restriction shall\n\nremain on the driver license not exceeding two (2)\n\nyears to be determined by the court. The restriction\n\nmay be modified or removed only by order of the court\n\nand notice of any modification order shall be given to\n\nthe Department of Public Safety. Upon the expiration\n\nof the period for the restriction, the Department of\n\nPublic Safety shall remove the restriction without\n\nfurther court order. Failure to comply with the order\n\nto install an ignition interlock device or operating\n\nany vehicle without a device during the period of\n\nrestriction shall be a violation of the sentence and\n\nmay be punished as deemed proper by the sentencing\n\ncourt. As used in this paragraph, \"ignition interlock\n\ndevice\" means a device that, without tampering or\n\nintervention by another person, would prevent the\n\ndefendant from operating a motor vehicle if the\n\ndefendant has a blood or breath alcohol concentration\n\nof two-hundredths (0.02) or greater,\n\no. to be confined by electronic monitoring administered\n\nand supervised by the Department of Corrections or a\n\ncommunity sentence provider, and payment of a\n\nmonitoring fee to the supervising authority, not to\n\nexceed Three Hundred Dollars ($300.00) per month. Any\n\nfees collected pursuant to this paragraph shall be\n\ndeposited with the appropriate supervising authority.\n\nAny willful violation of an order of the court for the\n\npayment of the monitoring fee shall be a violation of\n\nthe sentence and may be punished as deemed proper by\n\nthe sentencing court. As used in this paragraph,\n\n\"electronic monitoring\" means confinement of the\n\ndefendant within a specified location or locations\n\nwith supervision by means of an electronic device\n\napproved by the Department of Corrections which is\n\ndesigned to detect if the defendant is in the court-\n\nordered location at the required times and which\n\nrecords violations for investigation by a qualified\n\nsupervisory agency or person,\n\np. to perform one or more courses of treatment, education\n\nor rehabilitation for any conditions, behaviors,\n\ndeficiencies or disorders which may contribute to\n\ncriminal conduct, including but not limited to alcohol\n\nand substance abuse, mental health, emotional health,\n\nphysical health, propensity for violence, antisocial\n\nbehavior, personality or attitudes, deviant sexual\n\nbehavior, child development, parenting assistance, job\n\nskills, vocational-technical skills, domestic\n\nrelations, literacy, education, or any other\n\nidentifiable deficiency which may be treated\n\nappropriately in the community and for which a\n\ncertified provider or a program recognized by the\n\ncourt as having significant positive impact exists in\n\nthe community. Any treatment, education or\n\nrehabilitation provider required to be certified\n\npursuant to law or rule shall be certified by the\n\nappropriate state agency or a national organization,\n\nq. to submit to periodic testing for alcohol,\n\nintoxicating substance, or controlled dangerous\n\nsubstances by a qualified laboratory,\n\nr. to pay a fee, costs for treatment, education,\n\nsupervision, participation in a program, or any\n\ncombination thereof as determined by the court, based\n\nupon the defendant's ability to pay the fees or costs,\n\ns. to be supervised by a Department of Corrections\n\nemployee, a private supervision provider, or other\n\nperson designated by the court,\n\nt. to obtain positive behavior modeling by a trained\n\nmentor,\n\nu. to serve a term of confinement in a restrictive\n\nhousing facility available in the community,\n\nv. to serve a term of confinement in the county jail at\n\nnight or during weekends pursuant to Section 991a-2 of\n\nthis title or for work release,\nrections\n\nemployee, a private supervision provider, or other\n\nperson designated by the court,\n\nt. to obtain positive behavior modeling by a trained\n\nmentor,\n\nu. to serve a term of confinement in a restrictive\n\nhousing facility available in the community,\n\nv. to serve a term of confinement in the county jail at\n\nnight or during weekends pursuant to Section 991a-2 of\n\nthis title or for work release,\n\nw. to obtain employment or participate in employment-\n\nrelated activities,\n\nx. to participate in mandatory day reporting to\n\nfacilities or persons for services, payments, duties\n\nor person-to-person contacts as specified by the\n\ncourt,\n\ny. to pay day fines not to exceed fifty percent (50%) of\n\nthe net wages earned. For purposes of this paragraph,\n\n\"day fine\" means the offender is ordered to pay an\n\namount calculated as a percentage of net daily wages\n\nearned. The day fine shall be paid to the local\n\ncommunity sentencing system as reparation to the\n\ncommunity. Day fines shall be used to support the\n\nlocal system,\n\nz. to submit to blood or saliva testing as required by\n\nsubsection I of this section,\n\naa. to repair or restore property damaged by the\n\ndefendant's conduct, if the court determines the\n\ndefendant possesses sufficient skill to repair or\n\nrestore the property and the victim consents to the\n\nrepairing or restoring of the property,\n\nbb. to restore damaged property in kind or payment of out-\n\nof-pocket expenses to the victim, if the court is able\n\nto determine the actual out-of-pocket expenses\n\nsuffered by the victim,\n\ncc. to attend a victim-offender reconciliation program if\n\nthe victim agrees to participate and the offender is\n\ndeemed appropriate for participation,\n\ndd. in the case of a person convicted of prostitution\n\npursuant to Section 1029 of Title 21 of the Oklahoma\n\nStatutes, require such person to receive counseling\n\nfor the behavior which may have caused such person to\n\nengage in prostitution activities. Such person may be\n\nrequired to receive counseling in areas including but\n\nnot limited to alcohol and substance abuse, sexual\n\nbehavior problems, or domestic abuse or child abuse\n\nproblems,\n\nee. in the case of a sex offender sentenced after November\n\n1, 1989, and required by law to register pursuant to\n\nthe Sex Offender Registration Act, the court shall\n\nrequire the person to comply with sex offender\n\nspecific rules and conditions of supervision\n\nestablished by the Department of Corrections and\n\nrequire the person to participate in a treatment\n\nprogram designed for the treatment of sex offenders\n\nduring the period of time while the offender is\n\nsubject to supervision by the Department of\n\nCorrections. The treatment program shall include\n\npolygraph examinations specifically designed for use\n\nwith sex offenders for purposes of supervision and\n\ntreatment compliance, and shall be administered not\n\nless than each six (6) months during the period of\n\nsupervision. The examination shall be administered by\n\na certified licensed polygraph examiner. The\n\ntreatment program must be approved by the Department\n\nof Corrections or the Department of Mental Health and\n\nSubstance Abuse Services. Such treatment shall be at\n\nthe expense of the defendant based on the defendant's\n\nability to pay,\n\nff. in addition to other sentencing powers of the court,\n\nthe court in the case of a defendant being sentenced\n\nfor a felony conviction for a violation of Section 2-\n\n402 of Title 63 of the Oklahoma Statutes which\n\ninvolves marijuana may require the person to\n\nparticipate in a drug court program, if available. If\n\na drug court program is not available, the defendant\n\nmay be required to participate in a community\n\nsanctions program, if available,\n\ngg. in the case of a person convicted of any false or\n\nbogus check violation, as defined in Section 1541.4 of\n\nTitle 21 of the Oklahoma Statutes, impose a fee of\nh\n\ninvolves marijuana may require the person to\n\nparticipate in a drug court program, if available. If\n\na drug court program is not available, the defendant\n\nmay be required to participate in a community\n\nsanctions program, if available,\n\ngg. in the case of a person convicted of any false or\n\nbogus check violation, as defined in Section 1541.4 of\n\nTitle 21 of the Oklahoma Statutes, impose a fee of\n\nTwenty-five Dollars ($25.00) to the victim for each\n\ncheck, and impose a bogus check fee to be paid to the\n\ndistrict attorney. The bogus check fee paid to the\n\ndistrict attorney shall be equal to the amount\n\nassessed as court costs plus Twenty-five Dollars\n\n($25.00) for each check upon filing of the case in\n\ndistrict court. This money shall be deposited in the\n\nBogus Check Restitution Program Fund as established in\n\nsubsection B of Section 114 of this title.\n\nAdditionally, the court may require the offender to\n\npay restitution and bogus check fees on any other\n\nbogus check or checks that have been submitted to the\n\nDistrict Attorney Bogus Check Restitution Program,\n\nhh. in the case of a person being sentenced for a\n\nconviction for a violation of Section 644 of Title 21\n\nof the Oklahoma Statutes, require the person to\n\nreceive an assessment for batterers, which shall be\n\nconducted through a certified treatment program for\n\nbatterers, and\n\nii. any other provision specifically ordered by the court.\n\nHowever, any such order for restitution, community service,\n\npayment to a local certified crime stoppers program, payment to the\n\nOklahoma Reward System, or confinement in the county jail, or a\n\ncombination thereof, shall be made in conjunction with probation and\n\nshall be made a condition of the suspended sentence.\n\nHowever, unless under the supervision of the district attorney,\n\nthe offender shall be required to pay Forty Dollars ($40.00) per\n\nmonth to the district attorney during the first two (2) years of\n\nprobation to compensate the district attorney for the costs incurred\n\nduring the prosecution of the offender and for the additional work\n\nof verifying the compliance of the offender with the rules and\n\nconditions of his or her probation. The district attorney may waive\n\nany part of this requirement in the best interests of justice. Any\n\nfees collected by the district attorney pursuant to this paragraph\n\nshall be deposited in the General Revenue Fund of the State\n\nTreasury. The court shall not waive, suspend, defer or dismiss the\n\ncosts of prosecution in its entirety. However, if the court\n\ndetermines that a reduction in the fine, costs and costs of\n\nprosecution is warranted, the court shall equally apply the same\n\npercentage reduction to the fine, costs and costs of prosecution\n\nowed by the offender;\n\n2. Impose a fine prescribed by law for the offense, with or\n\nwithout probation or commitment and with or without restitution or\n\nservice as provided for in this section, Section 991a-4.1 of this\n\ntitle or Section 227 of Title 57 of the Oklahoma Statutes;\n\n3. Commit such person for confinement provided for by law with\n\nor without restitution as provided for in this section;\n\n4. Order the defendant to reimburse the Oklahoma State Bureau\n\nof Investigation for costs incurred by that agency during its\n\ninvestigation of the crime for which the defendant pleaded guilty,\n\nnolo contendere or was convicted, including compensation for\n\nlaboratory, technical, or investigation services performed by the\n\nBureau if, in the opinion of the court, the defendant is able to pay\n\nwithout imposing manifest hardship on the defendant, and if the\n\ncosts incurred by the Bureau during the investigation of the\n\ndefendant's case may be determined with reasonable certainty;\n\n5. Order the defendant to reimburse the Oklahoma State Bureau\n\nof Investigation for all costs incurred by that agency for cleaning\n\nup an illegal drug laboratory site for which the defendant pleaded\nble to pay\n\nwithout imposing manifest hardship on the defendant, and if the\n\ncosts incurred by the Bureau during the investigation of the\n\ndefendant's case may be determined with reasonable certainty;\n\n5. Order the defendant to reimburse the Oklahoma State Bureau\n\nof Investigation for all costs incurred by that agency for cleaning\n\nup an illegal drug laboratory site for which the defendant pleaded\n\nguilty, nolo contendere or was convicted. The court clerk shall\n\ncollect the amount and may retain five percent (5%) of such monies\n\nto be deposited in the Court Clerk Revolving Fund to cover\n\nadministrative costs and shall remit the remainder to the Oklahoma\n\nState Bureau of Investigation to be deposited in the OSBI Revolving\n\nFund established by Section 150.19a of Title 74 of the Oklahoma\n\nStatutes;\n\n6. In addition to the other sentencing powers of the court, in\n\nthe case of a person convicted of operating or being in control of a\n\nmotor vehicle while the person was under the influence of alcohol,\n\nother intoxicating substance, or a combination of alcohol or another\n\nintoxicating substance, or convicted of operating a motor vehicle\n\nwhile the ability of the person to operate such vehicle was impaired\n\ndue to the consumption of alcohol, require such person:\n\na. to participate in an alcohol and drug assessment and\n\nevaluation by an assessment agency or assessment\n\npersonnel certified by the Department of Mental Health\n\nand Substance Abuse Services pursuant to Section 3-460\n\nof Title 43A of the Oklahoma Statutes and, as\n\ndetermined by the assessment, participate in an\n\nalcohol and drug substance abuse course or treatment\n\nprogram or both, pursuant to Sections 3-452 and 3-453\n\nof Title 43A of the Oklahoma Statutes,\n\nb. to attend a victims impact panel program, as defined\n\nin subsection H of this section, if such a program is\n\noffered in the county where the judgment is rendered,\n\nand to pay a fee of not less than Fifteen Dollars\n\n($15.00) nor more than Sixty Dollars ($60.00) as set\n\nby the governing authority of the program and approved\n\nby the court, to the program to offset the cost of\n\nparticipation by the defendant, if in the opinion of\n\nthe court the defendant has the ability to pay such\n\nfee,\n\nc. to both participate in the alcohol and drug substance\n\nabuse course or treatment program, pursuant to\n\nsubparagraph a of this paragraph and attend a victims\n\nimpact panel program, pursuant to subparagraph b of\n\nthis paragraph,\n\nd. to install, at the expense of the person, an ignition\n\ninterlock device approved by the Board of Tests for\n\nAlcohol and Drug Influence, upon every motor vehicle\n\noperated by such person and to require that a notation\n\nof this restriction be affixed to the person's driver\n\nlicense at the time of reinstatement of the license.\n\nThe restriction shall remain on the driver license for\n\nsuch period as the court shall determine. The\n\nrestriction may be modified or removed by order of the\n\ncourt and notice of the order shall be given to the\n\nDepartment of Public Safety. Upon the expiration of\n\nthe period for the restriction, the Department of\n\nPublic Safety shall remove the restriction without\n\nfurther court order. Failure to comply with the order\n\nto install an ignition interlock device or operating\n\nany vehicle without such device during the period of\n\nrestriction shall be a violation of the sentence and\n\nmay be punished as deemed proper by the sentencing\n\ncourt, or\n\ne. beginning January 1, 1993, to submit to electronically\n\nmonitored home detention administered and supervised\n\nby the Department of Corrections, and to pay to the\n\nDepartment a monitoring fee, not to exceed Seventy-\n\nfive Dollars ($75.00) a month, to the Department of\n\nCorrections, if in the opinion of the court the\n\ndefendant has the ability to pay such fee. Any fees\n\ncollected pursuant to this subparagraph shall be\non administered and supervised\n\nby the Department of Corrections, and to pay to the\n\nDepartment a monitoring fee, not to exceed Seventy-\n\nfive Dollars ($75.00) a month, to the Department of\n\nCorrections, if in the opinion of the court the\n\ndefendant has the ability to pay such fee. Any fees\n\ncollected pursuant to this subparagraph shall be\n\ndeposited in the Department of Corrections Revolving\n\nFund. Any order by the court for the payment of the\n\nmonitoring fee, if willfully disobeyed, may be\n\nenforced as an indirect contempt of court;\n\n7. In addition to the other sentencing powers of the court, in\n\nthe case of a person convicted of prostitution pursuant to Section\n\n1029 of Title 21 of the Oklahoma Statutes, require such person to\n\nreceive counseling for the behavior which may have caused such\n\nperson to engage in prostitution activities. Such person may be\n\nrequired to receive counseling in areas including but not limited to\n\nalcohol and substance abuse, sexual behavior problems, or domestic\n\nabuse or child abuse problems;\n\n8. In addition to the other sentencing powers of the court, in\n\nthe case of a person convicted of any crime related to domestic\n\nabuse, as defined in Section 60.1 of this title, the court may\n\nrequire the defendant to undergo the treatment or participate in an\n\nintervention program for batterers certified by the Office of the\n\nAttorney General, necessary to bring about the cessation of domestic\n\nabuse. In the instance where the defendant alleges that he or she\n\nis a victim of domestic abuse and the current conviction is a\n\nresponse to that abuse, the court may require the defendant to\n\nundergo an assessment by a domestic violence program certified by\n\nthe Office of the Attorney General, and, if based upon the results\n\nof the assessment, the defendant is determined to be a victim of\n\ndomestic violence, the defendant shall undergo treatment and\n\nparticipate in a certified program for domestic violence victims.\n\nThe defendant may be required to pay all or part of the cost of the\n\ntreatment or counseling services;\n\n9. In addition to the other sentencing powers of the court, the\n\ncourt, in the case of a sex offender sentenced after November 1,\n\n1989, and required by law to register pursuant to the Sex Offenders\n\nRegistration Act, shall require the person to participate in a\n\ntreatment program designed specifically for the treatment of sex\n\noffenders, if available. The treatment program will include\n\npolygraph examinations specifically designed for use with sex\n\noffenders for the purpose of supervision and treatment compliance,\n\nprovided the examination is administered by a certified licensed\n\npolygraph examiner. The treatment program must be approved by the\n\nDepartment of Corrections or the Department of Mental Health and\n\nSubstance Abuse Services. Such treatment shall be at the expense of\n\nthe defendant based on the defendant's ability to pay;\n\n10. In addition to the other sentencing powers of the court,\n\nthe court, in the case of a person convicted of child abuse or\n\nneglect, as defined in Section 1-1-105 of Title 10A of the Oklahoma\n\nStatutes, may require the person to undergo treatment or to\n\nparticipate in counseling services. The defendant may be required\n\nto pay all or part of the cost of the treatment or counseling\n\nservices;\n\n11. In addition to the other sentencing powers of the court,\n\nthe court, in the case of a person convicted of cruelty to animals\n\npursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may\n\nrequire the person to pay restitution to animal facilities for\n\nmedical care and any boarding costs of victimized animals;\n\n12. In addition to the other sentencing powers of the court, a\n\nsex offender who is habitual or aggravated as defined by Section 584\n\nof Title 57 of the Oklahoma Statutes and who is required to register\nmals\n\npursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may\n\nrequire the person to pay restitution to animal facilities for\n\nmedical care and any boarding costs of victimized animals;\n\n12. In addition to the other sentencing powers of the court, a\n\nsex offender who is habitual or aggravated as defined by Section 584\n\nof Title 57 of the Oklahoma Statutes and who is required to register\n\nas a sex offender pursuant to the Oklahoma Sex Offenders\n\nRegistration Act shall be supervised by the Department of\n\nCorrections for the duration of the registration period and shall be\n\nassigned to a global position monitoring device by the Department of\n\nCorrections for the duration of the registration period. The cost\n\nof such monitoring device shall be reimbursed by the offender;\n\n13. In addition to the other sentencing powers of the court, in\n\nthe case of a sex offender who is required by law to register\n\npursuant to the Sex Offenders Registration Act, the court may\n\nprohibit the person from accessing or using any Internet social\n\nnetworking web site that has the potential or likelihood of allowing\n\nthe sex offender to have contact with any child who is under the age\n\nof eighteen (18) years; or\n\n14. In addition to the other sentencing powers of the court, in\n\nthe case of a sex offender who is required by law to register\n\npursuant to the Sex Offenders Registration Act, the court shall\n\nrequire the person to register any electronic mail address\n\ninformation, instant message, chat or other Internet communication\n\nname or identity information that the person uses or intends to use\n\nwhile accessing the Internet or used for other purposes of social\n\nnetworking or other similar Internet communication.\n\nB. Notwithstanding any other provision of law, any person who\n\nis found guilty of a violation of any provision of Section 761 or\n\n11-902 of Title 47 of the Oklahoma Statutes or any person pleading\n\nguilty or nolo contendere for a violation of any provision of such\n\nsections shall be ordered to participate in, prior to sentencing, an\n\nalcohol and drug assessment and evaluation by an assessment agency\n\nor assessment personnel certified by the Department of Mental Health\n\nand Substance Abuse Services for the purpose of evaluating the\n\nreceptivity to treatment and prognosis of the person. The court\n\nshall order the person to reimburse the agency or assessor for the\n\nevaluation. The fee shall be the amount provided in subsection C of\n\nSection 3-460 of Title 43A of the Oklahoma Statutes. The evaluation\n\nshall be conducted at a certified assessment agency, the office of a\n\ncertified assessor or at another location as ordered by the court.\n\nThe agency or assessor shall, within seventy-two (72) hours from the\n\ntime the person is assessed, submit a written report to the court\n\nfor the purpose of assisting the court in its final sentencing\n\ndetermination. No person, agency or facility operating an alcohol\n\nand drug substance abuse evaluation program certified by the\n\nDepartment of Mental Health and Substance Abuse Services shall\n\nsolicit or refer any person evaluated pursuant to this subsection\n\nfor any treatment program or alcohol and drug substance abuse\n\nservice in which such person, agency or facility has a vested\n\ninterest; however, this provision shall not be construed to prohibit\n\nthe court from ordering participation in or any person from\n\nvoluntarily utilizing a treatment program or alcohol and drug\n\nsubstance abuse service offered by such person, agency or facility.\n\nIf a person is sentenced to the custody of the Department of\n\nCorrections and the court has received a written evaluation report\n\npursuant to this subsection, the report shall be furnished to the\n\nDepartment of Corrections with the judgment and sentence. Any\n\nevaluation report submitted to the court pursuant to this subsection\n\nshall be handled in a manner which will keep such report\nor facility.\n\nIf a person is sentenced to the custody of the Department of\n\nCorrections and the court has received a written evaluation report\n\npursuant to this subsection, the report shall be furnished to the\n\nDepartment of Corrections with the judgment and sentence. Any\n\nevaluation report submitted to the court pursuant to this subsection\n\nshall be handled in a manner which will keep such report\n\nconfidential from the general public's review. Nothing contained in\n\nthis subsection shall be construed to prohibit the court from\n\nordering judgment and sentence in the event the defendant fails or\n\nrefuses to comply with an order of the court to obtain the\n\nevaluation required by this subsection.\n\nC. When sentencing a person convicted of a crime, the court\n\nshall first consider a program of restitution for the victim, as\n\nwell as imposition of a fine or incarceration of the offender. The\n\nprovisions of paragraph 1 of subsection A of this section shall not\n\napply to a defendant being sentenced for:\n\n1. A third or subsequent conviction of a violent crime\n\nenumerated in Section 571 of Title 57 of the Oklahoma Statutes;\n\n2. A fourth or subsequent conviction for any other felony\n\ncrime; or\n\n3. Beginning January 1, 1993, a defendant being sentenced for a\n\nsecond or subsequent felony conviction for violation of Section 11-\n\n902 of Title 47 of the Oklahoma Statutes, except as otherwise\n\nprovided in this subsection.\n\nIn the case of a person being sentenced for a second or\n\nsubsequent felony conviction for violation of Section 11-902 of\n\nTitle 47 of the Oklahoma Statutes, the court may sentence the person\n\npursuant to the provisions of paragraph 1 of subsection A of this\n\nsection if the court orders the person to submit to electronically\n\nmonitored home detention administered and supervised by the\n\nDepartment of Corrections pursuant to subparagraph e of paragraph 7\n\nof subsection A of this section. Provided, the court may waive\n\nthese prohibitions upon written application of the district\n\nattorney. Both the application and the waiver shall be made part of\n\nthe record of the case.\n\nD. When sentencing a person convicted of a crime, the judge\n\nshall consider any victims impact statements if submitted to the\n\njury, or the judge in the event a jury is waived.\n\nE. Probation, for purposes of subsection A of this section, is\n\na procedure by which a defendant found guilty of a crime, whether\n\nupon a verdict or plea of guilty or upon a plea of nolo contendere,\n\nis released by the court subject to conditions imposed by the court\n\nand subject to supervision by the Department of Corrections, a\n\nprivate supervision provider or other person designated by the\n\ncourt. Such supervision shall be initiated upon an order of\n\nprobation from the court, and shall not exceed two (2) years, unless\n\na petition alleging a violation of any condition of deferred\n\njudgment or seeking revocation of the suspended sentence is filed\n\nduring the supervision, or as otherwise provided by law. In the\n\ncase of a person convicted of a sex offense, supervision shall begin\n\nimmediately upon release from incarceration or if parole is granted\n\nand shall not be limited to two (2) years. Provided further, any\n\nsupervision provided for in this section may be extended for a\n\nperiod not to exceed the expiration of the maximum term or terms of\n\nthe sentence upon a determination by the court or the Division of\n\nProbation and Parole of the Department of Corrections that the best\n\ninterests of the public and the release will be served by an\n\nextended period of supervision. Any supervision provided for under\n\nthis section may not have the period of supervision extended for a\n\nfailure to pay fines, fees and other costs, excluding restitution,\n\nexcept upon a finding of willful nonpayment.\n\nF. The Department of Corrections, or such other agency as the\n\ncourt may designate, shall be responsible for the monitoring and\nwill be served by an\n\nextended period of supervision. Any supervision provided for under\n\nthis section may not have the period of supervision extended for a\n\nfailure to pay fines, fees and other costs, excluding restitution,\n\nexcept upon a finding of willful nonpayment.\n\nF. The Department of Corrections, or such other agency as the\n\ncourt may designate, shall be responsible for the monitoring and\n\nadministration of the restitution and service programs provided for\n\nby subparagraphs a, c, and d of paragraph 1 of subsection A of this\n\nsection, and shall ensure that restitution payments are forwarded to\n\nthe victim and that service assignments are properly performed.\n\nG. 1. The Department of Corrections is hereby authorized,\n\nsubject to funds available through appropriation by the Legislature,\n\nto contract with counties for the administration of county Community\n\nService Sentencing Programs.\n\n2. Any offender eligible to participate in the Program pursuant\n\nto Section 991a et seq. of this title shall be eligible to\n\nparticipate in a county Program; provided, participation in county-\n\nfunded Programs shall not be limited to offenders who would\n\notherwise be sentenced to confinement with the Department of\n\nCorrections.\n\n3. The Department shall establish criteria and specifications\n\nfor contracts with counties for such Programs. A county may apply\n\nto the Department for a contract for a county-funded Program for a\n\nspecific period of time. The Department shall be responsible for\n\nensuring that any contracting county complies in full with\n\nspecifications and requirements of the contract. The contract shall\n\nset appropriate compensation to the county for services to the\n\nDepartment.\n\n4. The Department is hereby authorized to provide technical\n\nassistance to any county in establishing a Program, regardless of\n\nwhether the county enters into a contract pursuant to this\n\nsubsection. Technical assistance shall include appropriate\n\nstaffing, development of community resources, sponsorship,\n\nsupervision and any other requirements.\n\n5. The Department shall annually make a report to the Governor,\n\nthe President Pro Tempore of the Senate and the Speaker of the House\n\non the number of such Programs, the number of participating\n\noffenders, the success rates of each Program according to criteria\n\nestablished by the Department and the costs of each Program.\n\nH. As used in this section:\n\n1. \"Ignition interlock device\" means a device that, without\n\ntampering or intervention by another person, would prevent the\n\ndefendant from operating a motor vehicle if the defendant has a\n\nblood or breath alcohol concentration of two-hundredths (0.02) or\n\ngreater;\n\n2. \"Electronically monitored home detention\" means\n\nincarceration of the defendant within a specified location or\n\nlocations with monitoring by means of a device approved by the\n\nDepartment of Corrections that detects if the person leaves the\n\nconfines of any specified location; and\n\n3. \"Victims impact panel program\" means a meeting with at least\n\none live presenter who will share personal stories with participants\n\nabout how alcohol, drug abuse and the illegal conduct of others has\n\npersonally impacted the life of the presenter. A victims impact\n\npanel program shall be attended by persons who have committed the\n\noffense of driving, operating or being in actual physical control of\n\na motor vehicle while under the influence of alcohol or other\n\nintoxicating substance. Persons attending a victims impact panel\n\nprogram shall be required to pay a fee of not less than Fifteen\n\nDollars ($15.00) nor more than Sixty Dollars ($60.00) to the\n\nprovider of the program. A certificate of completion shall be\n\nissued to the person upon satisfying the attendance and fee\n\nrequirements of the victims impact panel program. A victims impact\n\npanel program shall not be provided by any certified assessment\nims impact panel\n\nprogram shall be required to pay a fee of not less than Fifteen\n\nDollars ($15.00) nor more than Sixty Dollars ($60.00) to the\n\nprovider of the program. A certificate of completion shall be\n\nissued to the person upon satisfying the attendance and fee\n\nrequirements of the victims impact panel program. A victims impact\n\npanel program shall not be provided by any certified assessment\n\nagency or certified assessor. The provider of the victims impact\n\npanel program shall carry general liability insurance and maintain\n\nan accurate accounting of all business transactions and funds\n\nreceived in relation to the victims impact panel program.\n\nI. A person convicted of a felony offense or receiving any form\n\nof probation for an offense in which registration is required\n\npursuant to the Sex Offenders Registration Act, shall submit to\n\ndeoxyribonucleic acid DNA testing for law enforcement identification\n\npurposes in accordance with Section 150.27 of Title 74 of the\n\nOklahoma Statutes and the rules promulgated by the Oklahoma State\n\nBureau of Investigation for the OSBI Combined DNA Index System\n\n(CODIS) Database. Subject to the availability of funds, any person\n\nconvicted of a misdemeanor offense of assault and battery, domestic\n\nabuse, stalking, possession of a controlled substance prohibited\n\nunder Schedule IV of the Uniform Controlled Dangerous Substances\n\nAct, outraging public decency, resisting arrest, escape or\n\nattempting to escape, eluding a police officer, Peeping Tom,\n\npointing a firearm, unlawful carry of a firearm, illegal transport\n\nof a firearm, discharging of a firearm, threatening an act of\n\nviolence, breaking and entering a dwelling place, destruction of\n\nproperty, negligent homicide, or causing a personal injury accident\n\nwhile driving under the influence of any intoxicating substance, or\n\nany alien unlawfully present under federal immigration law, upon\n\narrest, shall submit to deoxyribonucleic acid DNA testing for law\n\nenforcement identification purposes in accordance with Section\n\n150.27 of Title 74 of the Oklahoma Statutes and the rules\n\npromulgated by the Oklahoma State Bureau of Investigation for the\n\nOSBI Combined DNA Index System (CODIS) Database. Any defendant\n\nsentenced to probation shall be required to submit to testing within\n\nthirty (30) days of sentencing either to the Department of\n\nCorrections or to the county sheriff or other peace officer as\n\ndirected by the court. Defendants who are sentenced to a term of\n\nincarceration shall submit to testing in accordance with Section\n\n530.1 of Title 57 of the Oklahoma Statutes, for those defendants who\n\nenter the custody of the Department of Corrections or to the county\n\nsheriff, for those defendants sentenced to incarceration in a county\n\njail. Convicted individuals who have previously submitted to DNA\n\ntesting under this section and for whom a valid sample is on file in\n\nthe OSBI Combined DNA Index System (CODIS) Database at the time of\n\nsentencing shall not be required to submit to additional testing.\n\nExcept as required by the Sex Offenders Registration Act, a deferred\n\njudgment does not require submission to deoxyribonucleic acid\n\ntesting.\n\nAny person who is incarcerated in the custody of the Department\n\nof Corrections after July 1, 1996, and who has not been released\n\nbefore January 1, 2006, shall provide a blood or saliva sample prior\n\nto release. Every person subject to DNA testing after January 1,\n\n2006, whose sentence does not include a term of confinement with the\n\nDepartment of Corrections, shall submit a blood or saliva sample.\n\nEvery person subject to DNA testing who is sentenced to unsupervised\n\nprobation or otherwise not supervised by the Department of\n\nCorrections shall submit for blood or saliva testing to the sheriff\n\nof the sentencing county.\n\nJ. Samples of blood or saliva for DNA testing required by\nt of Corrections, shall submit a blood or saliva sample.\n\nEvery person subject to DNA testing who is sentenced to unsupervised\n\nprobation or otherwise not supervised by the Department of\n\nCorrections shall submit for blood or saliva testing to the sheriff\n\nof the sentencing county.\n\nJ. Samples of blood or saliva for DNA testing required by\n\nsubsection I of this section shall be taken by employees or\n\ncontractors of the Department of Corrections, peace officers, or the\n\ncounty sheriff or employees or contractors of the sheriff's office.\n\nThe individuals shall be properly trained to collect blood or saliva\n\nsamples. Persons collecting blood or saliva for DNA testing\n\npursuant to this section shall be immune from civil liabilities\n\narising from this activity. All collectors of DNA samples shall\n\nensure the collection of samples are mailed to the Oklahoma State\n\nBureau of Investigation within ten (10) days of the time the subject\n\nappears for testing or within ten (10) days of the date the subject\n\ncomes into physical custody to serve a term of incarceration. All\n\ncollectors of DNA samples shall use sample kits provided by the OSBI\n\nand procedures promulgated by the OSBI. Persons subject to DNA\n\ntesting who are not received at the Lexington Assessment and\n\nReception Center shall be required to pay a fee of Fifteen Dollars\n\n($15.00) to the agency collecting the sample for submission to the\n\nOSBI Combined DNA Index System (CODIS) Database. Any fees collected\n\npursuant to this subsection shall be deposited in the revolving\n\naccount or the service fee account of the collection agency or\n\ndepartment.\n\nK. When sentencing a person who has been convicted of a crime\n\nthat would subject that person to the provisions of the Sex\n\nOffenders Registration Act, neither the court nor the district\n\nattorney shall be allowed to waive or exempt such person from the\n\nregistration requirements of the Sex Offenders Registration Act.","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":"2da68331ebe406580702e55f7c9b9080599eca7205af6d9711f7e095c3d8c2a1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-991a-4.2","next":"us-ok/okla.-stat.-tit.-22-22-991av2"},"notice":"GroundRules: Original legal text. Not legal advice."}