{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-991f","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-991f","heading":"Definitions","body":"A. For the purposes of any provision of Title 22 of the\n\nOklahoma Statutes relating to criminal sentencing and restitution\n\norders and for the Restitution and Diversion Program:\n\n1. \"Restitution\" means the sum to be paid by the defendant to\n\nthe victim of the criminal act to compensate that victim for up to\n\nthree times the amount of the economic loss suffered as a direct\n\nresult of the criminal act of the defendant;\n\n2. \"Victim\" means any person, partnership, corporation or legal\n\nentity that suffers an economic loss as a direct result of the\n\ncriminal act of another person;\n\n3. \"Economic loss\" means actual financial detriment suffered by\n\nthe victim consisting of medical expenses actually incurred, damage\n\nto or loss of real and personal property and any other out-of-pocket\n\nexpenses, including loss of earnings, reasonably incurred as the\n\ndirect result of the criminal act of the defendant. No other\n\nelements of damage shall be included as an economic loss for\n\npurposes of this section.\n\nB. In all criminal prosecutions and juvenile proceedings in\n\nthis state, the court shall prioritize an order for payments of\n\nrestitution to the victim. When the court enters an order directing\n\nthe offender to pay restitution to any victim for economic loss or\n\nto pay to the state any fines, fees or assessments, the order, for\n\npurposes of validity and collection, shall not be limited to the\n\nmaximum term of imprisonment for which the offender could have been\n\nsentenced, nor limited to any term of probation, parole, or\n\nextension thereof, nor expire until fully satisfied. The court\n\norder for restitution, fines, fees or assessments shall remain a\n\ncontinuing obligation of the offender until fully satisfied, and the\n\nobligation shall not be considered a debt, nor shall the obligation\n\nbe dischargeable in any bankruptcy proceeding. The court order\n\nshall continue in full force and effect with the supervision of the\n\nstate until fully satisfied, and the state shall use all methods of\n\ncollection authorized by law. Before acceptance of a payment toward\n\nfines, fees, or assessments, the court clerk shall inquire of the\n\noffender whether restitution is owed on the case. If the court has\n\nordered restitution, the court clerk shall inform the offender that\n\npayment of such restitution shall be prioritized over payment of\n\nfines, fees, or assessments.\n\nC. 1. Upon conviction for any crime wherein property has been\n\nstolen, converted or otherwise unlawfully obtained, or its value\n\nsubstantially decreased as a direct result of the crime, or wherein\n\nthe crime victim suffered injury, loss of income, or out-of-pocket\n\nloss, the individuals criminally responsible shall be sentenced to\n\nmake restitution. Restitution may be ordered in addition to the\n\npunishments prescribed by law.\n\n2. The court shall order full restitution based upon the\n\nfollowing considerations:\n\na. the nature and amount of restitution shall be\n\nsufficient to restore the crime victim to the\n\nequivalent economic status existing prior to the\n\nlosses sustained as a direct result of the crime, and\n\nmay allow the crime victim to receive payment in\n\nexcess of the losses sustained; provided, the excess\n\namount of restitution shall not be more than treble\n\nthe actual economic loss incurred, and\n\nb. the amount of restitution shall be established\n\nregardless of the financial resources of the offender.\n\n3. The court:\n\na. may direct the return of property to be made as soon\n\nas practicable and make an award of restitution in the\n\namount of the loss of value to the property itself as\n\na direct result of the crime, including out-of-pocket\n\nexpenses and loss of earnings incurred as a result of\n\ndamage to or loss of use of the property, the cost to\n\nreturn the property to the victim or to restore the\n\nproperty to its pre-crime condition whichever may be\n\nappropriate under the circumstances,\n\nb. may order restitution in a lump sum or by such\nloss of value to the property itself as\n\na direct result of the crime, including out-of-pocket\n\nexpenses and loss of earnings incurred as a result of\n\ndamage to or loss of use of the property, the cost to\n\nreturn the property to the victim or to restore the\n\nproperty to its pre-crime condition whichever may be\n\nappropriate under the circumstances,\n\nb. may order restitution in a lump sum or by such\n\nschedules as may be established and thereafter\n\nadjusted by agreement consistent with the order of the\n\ncourt,\n\nc. shall have the authority to amend or alter any order\n\nof restitution made pursuant to this section providing\n\nthat the court shall state its reasons and conclusions\n\nas a matter of record for any change or amendment to\n\nany previous order,\n\nd. may order interest upon any ordered restitution sum to\n\naccrue at the rate of twelve percent (12%) per annum\n\nuntil the restitution is paid in full. The court may\n\nfurther order such interest to be paid to the victims\n\nof the crime or proportion the interest payment\n\nbetween the victims and the court fund, and/or the\n\nRestitution and Diversion Program, in the discretion\n\nof the court, and\n\ne. shall consider any pre-existing orders imposed on the\n\ndefendant, including, but not limited to, orders\n\nimposed under civil and criminal proceedings.\n\nD. If restitution to more than one person, agency or entity is\n\nset at the same time, the court shall establish the following\n\npriorities of payment:\n\n1. The crime victim or victims; and\n\n2. Any other government agency which has provided reimbursement\n\nto the victim as a result of the offender's criminal conduct.\n\nE. 1. The district attorney's office shall present the crime\n\nvictim's restitution claim to the court at the time of the\n\nconviction of the offender or the restitution provisions shall be\n\nincluded in the written plea agreement presented to the court, in\n\nwhich case, the restitution claim shall be reviewed by the judge\n\nprior to acceptance of the plea agreement.\n\n2. At the initiation of the prosecution of the defendant, the\n\ndistrict attorney's office shall provide all identifiable crime\n\nvictims with written and oral information explaining their rights\n\nand responsibilities to receive restitution established under this\n\nsection.\n\n3. The district attorney's office shall provide all crime\n\nvictims, regardless of whether the crime victim makes a specific\n\nrequest, with an official request for restitution form to be\n\ncompleted and signed by the crime victim, and to include all\n\ninvoices, bills, receipts, and other evidence of injury, loss of\n\nearnings and out-of-pocket loss. This form shall be filed with any\n\nvictim impact statement to be included in the judgment and sentence.\n\nEvery crime victim receiving the restitution claim form shall be\n\nprovided assistance and direction to properly complete the form.\n\n4. The official restitution request form shall be presented in\n\nall cases regardless of whether the case is brought to trial. In a\n\nplea bargain, the district attorney in every case where the victim\n\nhas suffered economic loss, shall, as a part of the plea bargain,\n\nrequire that the offender pay restitution to the crime victim. The\n\ndistrict attorney shall be authorized to act as a clearing house for\n\ncollection and disbursement of restitution payments made pursuant to\n\nthis section, and shall assess a fee of One Dollar ($1.00) per\n\npayment received from the defendant, except when the defendant is\n\nsentenced to incarceration in the Department of Corrections.\n\nF. The crime victim shall provide all documentation and\n\nevidence of compensation or reimbursement from insurance companies\n\nor agencies of this state, any other state, or the federal\n\ngovernment received as a direct result of the crime for injury, loss\n\nof earnings or out-of-pocket loss.\n\nG. The court shall, upon motion by the crime victim, redact\n\nfrom the submitted documentation all personal information relating\nm shall provide all documentation and\n\nevidence of compensation or reimbursement from insurance companies\n\nor agencies of this state, any other state, or the federal\n\ngovernment received as a direct result of the crime for injury, loss\n\nof earnings or out-of-pocket loss.\n\nG. The court shall, upon motion by the crime victim, redact\n\nfrom the submitted documentation all personal information relating\n\nto the crime victim that does not directly and necessarily establish\n\nthe authenticity of any document or substantiate the asserted amount\n\nof the restitution claim.\n\nH. The unexcused failure or refusal of the crime victim to\n\nprovide all or part of the requisite information prior to the\n\nsentencing, unless disclosure is deferred by the court, shall\n\nconstitute a waiver of any grounds to appeal or seek future\n\namendment or alteration of the restitution order predicated on the\n\nundisclosed available information. The court shall order the\n\noffender to submit either as part of the pre-sentence investigation\n\nor assessment and evaluation required for a community sentence or,\n\nif no pre-sentence investigation is conducted, in advance of the\n\nsentencing proceeding such information as the court may direct and\n\nfinds necessary to be disclosed for the purpose of ascertaining the\n\ntype and manner of restitution to be ordered.\n\nI. The willful failure or refusal of the offender to provide\n\nall or part of the requisite information prior to the sentencing,\n\nunless disclosure is deferred by the court shall not deprive the\n\ncourt of the authority to set restitution or set the schedule of\n\npayment. The willful failure or refusal of the offender to provide\n\nall or part of the requisite information prior to the sentencing,\n\nunless disclosure is deferred by the court, shall constitute a\n\nwaiver of any grounds to appeal or seek future amendment or\n\nalteration of the restitution order predicated on the undisclosed\n\ninformation. The willful failure or refusal of the offender to\n\nprovide all or part of the requisite information prior to\n\nsentencing, unless disclosure is deferred by the court, shall\n\nconstitute an act of contempt.\n\nJ. The court shall conduct such hearings or proceedings as it\n\ndeems necessary to set restitution and payment schedules at the time\n\nof sentencing or may bifurcate the sentencing and defer the hearing\n\nor proceedings relating to the imposition of restitution as justice\n\nmay require. Amendments or alterations to the restitution order may\n\nbe made upon the court's own motion, petition by the crime victim or\n\npetition by the offender.\n\nK. An offender who files a meritless or frivolous petition for\n\namendment or alteration to the restitution order shall pay the costs\n\nof the proceeding on the petition and shall have added to the\n\nexisting restitution order the additional loss of earnings and out-\n\nof-pocket loss incurred by the crime victim in responding to the\n\npetition.\n\nL. The restitution request form shall be promulgated by the\n\nDistrict Attorneys Council and provided to all district attorney\n\noffices.\n\nM. If a defendant who is financially able refuses or neglects\n\nto pay restitution as ordered by this section, payment may be\n\nenforced:\n\n1. By contempt of court as provided in subsection A of Section\n\n566 of Title 21 of the Oklahoma Statutes with imprisonment or fine\n\nor both;\n\n2. In the same manner as prescribed in subsection N of this\n\nsection for a defendant who is without means to make such\n\nrestitution payment; or\n\n3. Revocation of the criminal sentence if the sentence imposed\n\nwas a suspended or deferred sentence or a community sentence.\n\nN. If the defendant is without means to pay the restitution,\n\nthe judge may direct the total amount due, or any portion thereof,\n\nto be entered upon the court minutes and to be certified in the\n\ndistrict court of the county where it shall then be entered upon the\nment; or\n\n3. Revocation of the criminal sentence if the sentence imposed\n\nwas a suspended or deferred sentence or a community sentence.\n\nN. If the defendant is without means to pay the restitution,\n\nthe judge may direct the total amount due, or any portion thereof,\n\nto be entered upon the court minutes and to be certified in the\n\ndistrict court of the county where it shall then be entered upon the\n\ndistrict court judgment docket and shall have the full force and\n\neffect of a district court judgment in a civil case. Thereupon the\n\nsame remedies shall be available for the enforcement of the judgment\n\nas are available to enforce other judgments; provided, however, the\n\njudgment herein prescribed shall not be considered a debt nor\n\ndischargeable in any bankruptcy proceeding.\n\nO. Whenever a person has been ordered to pay restitution as\n\nprovided in this section or any section of the Oklahoma Statutes for\n\na criminal penalty, the judge may order the defendant to a term of\n\ncommunity service, with or without compensation, to be credited at a\n\nrate of Five Dollars ($5.00) per day against the total amount due\n\nfor restitution. If the defendant fails to perform the required\n\ncommunity service authorized by this subsection or if the conditions\n\nof community service are violated, the judge may impose a term of\n\nimprisonment not to exceed five (5) days in the county jail for each\n\nfailure to comply.\n\nP. Nothing in subsections M through O of this section shall be\n\nconstrued to be additions to the original criminal penalty, but\n\nshall be used by the court as sanctions and means of collection for\n\ncriminal restitution orders and restitution orders that have been\n\nreduced to judgment.","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":"b22cc5552a548fce117dacd246a4c63cfaea78fd031f7f9f5237405a698306c2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-991d","next":"us-ok/okla.-stat.-tit.-22-22-991f-1.0"},"notice":"GroundRules: Original legal text. Not legal advice."}