{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-991b","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-991b","heading":"Revocation of suspended sentence – Intermediate sanction","body":"process – Technical violations.\n\nA. Whenever a sentence has been suspended by the court after\n\nconviction of a person for any crime, the suspended sentence of the\n\nperson may not be revoked, in whole or part, for any cause unless a\n\npetition setting forth the grounds for such revocation is filed by\n\nthe district attorney with the clerk of the sentencing court and\n\ncompetent evidence justifying the revocation of the suspended\n\nsentence is presented to the court at a hearing to be held for that\n\npurpose within twenty (20) days after the entry of the plea of not\n\nguilty to the petition, unless waived by both the state and the\n\ndefendant. The State of Oklahoma may dismiss the petition without\n\nprejudice one time upon good cause shown to the court, provided that\n\nany successor petition must be filed within forty-five (45) days of\n\nthe date of the dismissal of the petition.\n\nB. Whenever a sentence has been suspended by the court after\n\nconviction of a person for any crime, the suspended sentence of the\n\nperson may not be revoked in whole for a technical violation unless\n\na petition setting forth the grounds for such revocation is filed by\n\nthe district attorney with the clerk of the sentencing court and\n\ncompetent evidence justifying the revocation of the suspended\n\nsentence is presented to the court at a hearing to be held for that\n\npurpose within twenty (20) days after the entry of the plea of not\n\nguilty to the petition, unless waived by both the state and the\n\ndefendant. The State of Oklahoma may dismiss the petition without\n\nprejudice one time upon good cause shown to the court; provided,\n\nthat any successor petition must be filed within forty-five (45)\n\ndays of the date of the dismissal of the petition. Any revocation\n\nof a suspended sentence based on a technical violation shall not\n\nexceed six (6) months for a first revocation and five (5) years for\n\na second or subsequent revocation.\n\nC. \"Technical violation\" as used in this section means a\n\nviolation of the court-imposed rules and conditions of probation,\n\nother than:\n\n1. Committing or being arrested for a new crime;\n\n2. Attempting to falsify a drug screen, or three or more failed\n\ndrug or alcohol screens within a three-month period;\n\n3. Failing to pay restitution;\n\n4. Tampering with an electronic monitoring device;\n\n5. Failing to initially report or missing assigned reporting\n\nrequirements for an excess of sixty (60) days;\n\n6. Unlawfully contacting a victim, codefendant or criminal\n\nassociates;\n\n7. Five or more separate and distinct technical violations\n\nwithin a ninety-day period; or\n\n8. Any violation of the Specialized Sex Offender Rules.\n\nD. 1. The Department of Corrections shall develop a matrix of\n\ntechnical violations and sanctions to address violations committed\n\nby persons who are being supervised by the Department. The\n\nDepartment shall be authorized to use a violation response and\n\nintermediate sanction process based on the sanction matrix to apply\n\nto any technical violations of probationers. Within four (4)\n\nworking days of the discovery of the violation, the probation\n\nofficer shall initiate the violation response and intermediate\n\nsanction process. The sentencing judge may authorize any\n\nrecommended sanctions, which may include, but are not limited to:\n\nshort-term jail or lockup, day treatment, program attendance,\n\ncommunity service, outpatient or inpatient treatment, monetary\n\nfines, curfews, ignition interlock devices on vehicles, or a one-\n\ntime referral to a term of confinement of six (6) months in an\n\nintermediate revocation facility operated by the Department of\n\nCorrections; provided, upon approval of the district attorney, a\n\nperson may be sanctioned to serve additional terms of confinement in\n\nan intermediate revocation facility. The probation officer shall\n\ncomplete a sanction form, which shall specify the technical\nor a one-\n\ntime referral to a term of confinement of six (6) months in an\n\nintermediate revocation facility operated by the Department of\n\nCorrections; provided, upon approval of the district attorney, a\n\nperson may be sanctioned to serve additional terms of confinement in\n\nan intermediate revocation facility. The probation officer shall\n\ncomplete a sanction form, which shall specify the technical\n\nviolation, sanction, and the action plan to correct the noncompliant\n\nbehavior resulting in the technical violation. The probation\n\nofficer shall refer to the sanctioning matrix to determine the\n\nsupervision, treatment, and sanctions appropriate to address the\n\nnoncompliant behavior. The probation officer shall refer the\n\nviolation information and recommended response with a sanction plan\n\nto the Department of Corrections to be heard by a hearing officer.\n\nThe Department of Corrections shall develop a sanction matrix,\n\nforms, policies and procedures necessary to implement this\n\nprovision. The Department of Corrections shall establish procedures\n\nto hear responses to technical violations and review sanction plans\n\nincluding the following:\n\na. hearing officers shall report through a chain of\n\ncommand separate from that of the supervising\n\nprobation officers,\n\nb. the Department shall provide the offender written\n\nnotice of the violation, the evidence relied upon, and\n\nthe reason the sanction was imposed,\n\nc. the hearing shall be held unless the offender waives\n\nthe right to the hearing,\n\nd. hearings shall be electronically recorded, and\n\ne. the Department shall provide to judges and district\n\nattorneys a record of all violations and actions taken\n\npursuant to this subsection.\n\n2. The hearing officer shall determine based on a preponderance\n\nof the evidence whether a technical violation occurred. Upon a\n\nfinding that a technical violation occurred, the hearing officer may\n\norder the offender to participate in the recommended sanction plan\n\nor may modify the plan. Offenders who accept the sanction plan\n\nshall sign a violation response sanction form, and the hearing\n\nofficer shall then impose the sanction. Failure of the offender to\n\ncomply with the imposed sanction plan shall constitute a violation\n\nof the rules and conditions of supervision that may result in a\n\nrevocation proceeding. If an offender does not voluntarily accept\n\nthe recommended sanction plan, the Department shall either impose\n\nthe sanction and allow the offender to appeal to the district court,\n\nor request a revocation proceeding as provided by law. Every\n\nadministrative hearing and sanction imposed by the Department shall\n\nbe appealable to the district court.\n\n3. Absent a finding of willful nonpayment by the offender, the\n\nfailure of an offender to pay fines and costs may not serve as a\n\nbasis for revocation, excluding restitution.\n\nE. 1. Where one of the grounds for revocation is the failure\n\nof the defendant to make restitution as ordered, the Department of\n\nCorrections shall forward to the district attorney all information\n\npertaining to the failure of the defendant to make timely\n\nrestitution as ordered by the court, and the district attorney shall\n\nfile a petition setting forth the grounds for revocation.\n\n2. The defendant ordered to make restitution can petition the\n\ncourt at any time for remission or a change in the terms of the\n\norder of restitution if the defendant undergoes a change of\n\ncondition which materially affects the ability of the defendant to\n\ncomply with the order of the court.\n\n3. At the hearing, if one of the grounds for the petition for\n\nrevocation is the failure of the defendant to make timely\n\nrestitution as ordered by the court, the court will hear evidence\n\nand if it appears to the satisfaction of the court from such\n\nevidence that the terms of the order of restitution create a\n\nmanifest hardship on the defendant or the immediate family of the\norder of the court.\n\n3. At the hearing, if one of the grounds for the petition for\n\nrevocation is the failure of the defendant to make timely\n\nrestitution as ordered by the court, the court will hear evidence\n\nand if it appears to the satisfaction of the court from such\n\nevidence that the terms of the order of restitution create a\n\nmanifest hardship on the defendant or the immediate family of the\n\ndefendant, the court may cancel all or any part of the amount still\n\ndue, or modify the terms or method of payment; provided, however,\n\nthe court shall continue to prioritize an order for payments of\n\nrestitution to the victim. Provided, if the court determines that a\n\nreduction in the restitution still due is warranted, the court shall\n\nequally apply the same percentage reduction to any court-ordered\n\nmonetary obligation owed by the defendant including, but not limited\n\nto, fines, court costs and costs of incarceration.\n\nF. The court may revoke a portion of the sentence and leave the\n\nremaining part not revoked, but suspended for the remainder of the\n\nterm of the sentence, and under the provisions applying to it. The\n\nperson whose suspended sentence is being considered for revocation\n\nat the hearing shall have the right to be represented by counsel, to\n\npresent competent evidence in his or her own behalf and to be\n\nconfronted by the witnesses against the defendant. Any order of the\n\ncourt revoking the suspended sentence, in whole or in part, shall be\n\nsubject to review on appeal, as in other appeals of criminal cases.\n\nProvided, however, that if the crime for which the suspended\n\nsentence is given was a felony, the defendant may be allowed bail\n\npending appeal. If the reason for revocation be that the defendant\n\ncommitted a felony, the defendant shall not be allowed bail pending\n\nappeal.\n\nG. Notwithstanding the provisions of subsections A and B of\n\nthis section, when the suspended sentence of a person is being\n\nconsidered for revocation for an offense where the penalty has\n\nsubsequently been lowered to a misdemeanor, the sentence shall be\n\nmodified to a term that does not exceed the current maximum\n\nsentence.","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":"e4b0c10165935b105fe607fafc78a901eea690baca76781e1a70532595354350","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-991av3","next":"us-ok/okla.-stat.-tit.-22-22-991c"},"notice":"GroundRules: Original legal text. Not legal advice."}