{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-991c","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-991c","heading":"Deferred sentence","body":"A. Upon a verdict or plea of guilty or upon a plea of nolo\n\ncontendere, but before a judgment of guilt, the court may, without\n\nentering a judgment of guilt and with the consent of the defendant,\n\ndefer further proceedings upon the specific conditions prescribed by\n\nthe court not to exceed a seven-year period, except as authorized\n\nunder subsection B of this section. The court shall first consider\n\nrestitution among the various conditions it may prescribe. The\n\ncourt may also consider ordering the defendant to:\n\n1. Pay court costs;\n\n2. Pay an assessment in lieu of any fine authorized by law for\n\nthe offense;\n\n3. Pay any other assessment or cost authorized by law;\n\n4. Engage in a term of community service without compensation,\n\naccording to a schedule consistent with the employment and family\n\nresponsibilities of the defendant;\n\n5. County jail confinement for a period not to exceed ninety\n\n(90) days or the maximum amount of jail time provided for the\n\noffense, if it is less than ninety (90) days;\n\n6. Pay an amount as reimbursement for reasonable attorney fees,\n\nto be paid into the court fund, if a court-appointed attorney has\n\nbeen provided to the defendant;\n\n7. Be supervised in the community for a period not to exceed\n\neighteen (18) months, unless a petition alleging violation of any\n\ncondition of deferred judgment is filed during the period of\n\nsupervision. As a condition of any supervision, the defendant shall\n\nbe required to pay a supervision fee of Forty Dollars ($40.00) per\n\nmonth. The supervision fee shall be waived in whole or part by the\n\nsupervisory agency when the accused is indigent. Any fees collected\n\nby the district attorney pursuant to this paragraph shall be\n\ndeposited in the General Revenue Fund of the State Treasury. No\n\nperson shall be denied supervision based solely on the inability of\n\nthe person to pay a fee;\n\n8. Pay into the court fund a monthly amount not exceeding Forty\n\nDollars ($40.00) per month during any period during which the\n\nproceedings are deferred when the defendant is not to be supervised\n\nin the community. The total amount to be paid into the court fund\n\nshall be established by the court and shall not exceed the amount of\n\nthe maximum fine authorized by law for the offense;\n\n9. Make other reparations to the community or victim as\n\nrequired and deemed appropriate by the court;\n\n10. Order any conditions which can be imposed for a suspended\n\nsentence pursuant to paragraph 1 of subsection A of Section 991a of\n\nthis title; or\n\n11. Any combination of the provisions in paragraphs 1 through\n\n10 of this subsection.\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. The\n\ncourt may waive the costs of prosecution in the same manner as the\n\ncourt waives financial obligations pursuant to Section 983 of this\n\ntitle. Any unpaid costs of prosecution shall be waived if the\n\ndeferred sentence of an offender expires without being accelerated.\n\nAny fees collected by the district attorney pursuant to this\n\nparagraph shall be deposited in the General Revenue Fund of the\n\nState Treasury.\n\nB. When the court has ordered restitution as a condition of\n\nsupervision as provided for in subsection A of this section and that\n\ncondition has not been satisfied, the court may, at any time prior\n\nto the termination or expiration of the supervision period, order an\n\nextension of supervision for a period not to exceed three (3) years.\ndeposited in the General Revenue Fund of the\n\nState Treasury.\n\nB. When the court has ordered restitution as a condition of\n\nsupervision as provided for in subsection A of this section and that\n\ncondition has not been satisfied, the court may, at any time prior\n\nto the termination or expiration of the supervision period, order an\n\nextension of supervision for a period not to exceed three (3) years.\n\nC. In addition to any conditions of supervision provided for in\n\nsubsection A of this section, the court shall, in the case of a\n\nperson before the court for the offense of operating or being in\n\ncontrol of a motor vehicle while the person was under the influence\n\nof alcohol, other intoxicating substance, or a combination of\n\nalcohol and another intoxicating substance, or who is before the\n\ncourt for the offense of operating a motor vehicle while the ability\n\nof the person to operate such vehicle was impaired due to the\n\nconsumption of alcohol, require the person to participate in an\n\nalcohol and drug substance abuse evaluation program offered by a\n\nfacility or qualified practitioner certified by the Department of\n\nMental Health and Substance Abuse Services for the purpose of\n\nevaluating the receptivity to treatment and prognosis of the person.\n\nThe court shall order the person to reimburse the facility or\n\nqualified practitioner for the evaluation. The Department of Mental\n\nHealth and Substance Abuse Services shall establish a fee schedule,\n\nbased upon the ability of a person to pay, provided the fee for an\n\nevaluation shall not exceed Seventy-five Dollars ($75.00). The\n\nevaluation shall be conducted at a certified facility, the office of\n\na qualified practitioner or at another location as ordered by the\n\ncourt. The facility or qualified practitioner shall, within\n\nseventy-two (72) hours from the time the person is assessed, submit\n\na written report to the court for the purpose of assisting the court\n\nin its determination of conditions for deferred sentence. No\n\nperson, agency or facility operating an alcohol and drug substance\n\nabuse evaluation program certified by the Department of Mental\n\nHealth and Substance Abuse Services shall solicit or refer any\n\nperson evaluated pursuant to this subsection for any treatment\n\nprogram or alcohol and drug substance abuse service in which the\n\nperson, agency or facility has a vested interest; however, this\n\nprovision shall not be construed to prohibit the court from ordering\n\nparticipation in or any person from voluntarily utilizing a\n\ntreatment program or alcohol and drug substance abuse service\n\noffered by such person, agency or facility. Any evaluation report\n\nsubmitted to the court pursuant to this subsection shall be handled\n\nin a manner which will keep the report confidential from review by\n\nthe general public. Nothing contained in this subsection shall be\n\nconstrued to prohibit the court from ordering judgment and sentence\n\nin the event the defendant fails or refuses to comply with an order\n\nof the court to obtain the evaluation required by this subsection.\n\nAs used in this subsection, “qualified practitioner” means a person\n\nwith at least a bachelor’s degree in substance abuse treatment,\n\nmental health or a related health care field and at least two (2)\n\nyears of experience in providing alcohol abuse treatment, other drug\n\nabuse treatment, or both alcohol and other drug abuse treatment who\n\nis certified each year by the Department of Mental Health and\n\nSubstance Abuse Services to provide these assessments. However, any\n\nperson who does not meet the requirements for a qualified\n\npractitioner as defined herein, but who has been previously\n\ncertified by the Department of Mental Health and Substance Abuse\n\nServices to provide alcohol or drug treatment or assessments, shall\n\nbe considered a qualified practitioner provided all education,\n\nexperience and certification requirements stated herein are met by\nHowever, any\n\nperson who does not meet the requirements for a qualified\n\npractitioner as defined herein, but who has been previously\n\ncertified by the Department of Mental Health and Substance Abuse\n\nServices to provide alcohol or drug treatment or assessments, shall\n\nbe considered a qualified practitioner provided all education,\n\nexperience and certification requirements stated herein are met by\n\nSeptember 1, 1995. The court may also require the person to\n\nparticipate in one or both of the following:\n\n1. An alcohol and drug substance abuse course, pursuant to\n\nSections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and\n\n2. A victims impact panel program, as defined in subsection H\n\nof Section 991a of this title, if such a program is offered in the\n\ncounty where the judgment is rendered. The defendant shall be\n\nrequired to pay a fee of Seventy-five Dollars ($75.00) as set by the\n\ngoverning authority of the program and approved by the court to the\n\nvictims impact panel program to offset the cost of participation by\n\nthe defendant, if in the opinion of the court the defendant has the\n\nability to pay such fee.\n\nD. Upon completion of the conditions of the deferred judgment,\n\nand upon a finding by the court that the conditions have been met\n\nand all fines, fees, and monetary assessments have been paid as\n\nordered, the defendant shall be discharged without a court judgment\n\nof guilt, and the court shall order the verdict or plea of guilty or\n\nplea of nolo contendere to be expunged from the record and the\n\ncharge shall be dismissed with prejudice to any further action. The\n\nprocedure to expunge the record of the defendant shall be as\n\nfollows:\n\n1. All references to the name of the defendant shall be deleted\n\nfrom the docket sheet;\n\n2. The public index of the filing of the charge shall be\n\nexpunged by deletion, mark-out or obliteration;\n\n3. Upon expungement, the court clerk shall keep a separate\n\nconfidential index of case numbers and names of defendants which\n\nhave been obliterated pursuant to the provisions of this section;\n\n4. No information concerning the confidential file shall be\n\nrevealed or released, except upon written order of a judge of the\n\ndistrict court or upon written request by the named defendant to the\n\ncourt clerk for the purpose of updating the criminal history record\n\nof the defendant with the Oklahoma State Bureau of Investigation;\n\nand\n\n5. Defendants qualifying under Section 18 of this title may\n\npetition the court to have the filing of the indictment and the\n\ndismissal expunged from the public index and docket sheet. This\n\nsection shall not be mutually exclusive of Section 18 of this title.\n\nRecords expunged pursuant to this subsection shall be sealed to\n\nthe public but not to law enforcement agencies for law enforcement\n\npurposes. Records expunged pursuant to this subsection shall be\n\nadmissible in any subsequent criminal prosecution to prove the\n\nexistence of a prior conviction or prior deferred judgment without\n\nthe necessity of a court order requesting the unsealing of such\n\nrecords.\n\nE. The provisions of subsection D of this section shall be\n\nretroactive.\n\nF. Whenever a judgment has been deferred by the court according\n\nto the provisions of this section, deferred judgment may not be\n\naccelerated for any technical violation unless a petition setting\n\nforth the grounds for such acceleration is filed by the district\n\nattorney with the clerk of the sentencing court and competent\n\nevidence justifying the acceleration of the judgment is presented to\n\nthe court at a hearing to be held for that purpose. The hearing\n\nshall be held not more than twenty (20) days after the entry of the\n\nplea of not guilty to the petition, unless waived by both the state\n\nand the defendant. Any acceleration of a deferred sentence based on\n\na technical violation shall not exceed ninety (90) days for a first\njustifying the acceleration of the judgment is presented to\n\nthe court at a hearing to be held for that purpose. The hearing\n\nshall be held not more than twenty (20) days after the entry of the\n\nplea of not guilty to the petition, unless waived by both the state\n\nand the defendant. Any acceleration of a deferred sentence based on\n\na technical violation shall not exceed ninety (90) days for a first\n\nacceleration or five (5) years for a second or subsequent\n\nacceleration.\n\nG. Upon any violation of the deferred judgment, other than a\n\ntechnical violation, the court may enter a judgment of guilt and\n\nproceed as provided in Section 991a of this title or may modify any\n\ncondition imposed. Provided, however, if the deferred judgment is\n\nfor a felony offense, and the defendant commits another felony\n\noffense, the defendant shall not be allowed bail pending appeal.\n\nH. The deferred judgment procedure described in this section\n\nshall apply only to defendants who have not been previously\n\nconvicted of a felony offense and have not received more than one\n\ndeferred judgment for a felony offense within the ten (10) years\n\nprevious to the commission of the pending offense.\n\nProvided, the court may waive this prohibition upon written\n\napplication of the district attorney. Both the application and the\n\nwaiver shall be made a part of the record of the case.\n\nI. The deferred judgment procedure described in this section\n\nshall not apply to defendants found guilty or who plead guilty or\n\nnolo contendere to a sex offense required by law to register\n\npursuant to the Sex Offenders Registration Act.\n\nJ. All defendants who are supervised pursuant to this section\n\nshall be subject to the sanction process as established in\n\nsubsection D of Section 991b of this title.\n\nK. Notwithstanding the provisions of subsections F and G of\n\nthis section, a person who is being considered for an acceleration\n\nof a deferred judgment for an offense where the penalty has\n\nsubsequently been lowered to a misdemeanor shall only be subject to\n\na judgment and sentence that would have been applicable had he or\n\nshe committed the offense after July 1, 2017.","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":"8cb90686b37e84cf829b1872121490d89e865e6c5f8e79ec7a1bbe286fdf8746","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-991b","next":"us-ok/okla.-stat.-tit.-22-22-991d"},"notice":"GroundRules: Original legal text. Not legal advice."}