{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-991f-1.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-991f-1.1","heading":"Restitution and Diversion Program - Evaluation of","body":"criminal complaints for deferred prosecution - Restitution agreement\n\n- Definitions.\n\nA. Each district attorney shall create within the district\n\nattorney’s office a Restitution and Diversion Program and assign\n\nsufficient staff and resources for the efficient operation of such\n\nprogram. The purpose of the Restitution and Diversion Program is to\n\nallow the district attorney the discretion to divert criminal\n\ncomplaints involving property crimes from criminal court and to\n\nmonitor restitution payments. At the discretion of the district\n\nattorney, the program may be administered by the Bogus Check\n\nRestitution Program operated by the county.\n\nB. 1. Referral of a criminal complaint to the Restitution and\n\nDiversion Program shall be at the discretion of the district\n\nattorney. This act shall not limit the power of the district\n\nattorney to prosecute criminal complaints.\n\n2. Upon receipt of a criminal complaint involving property, the\n\ndistrict attorney shall determine if the complaint is one which is\n\nappropriate for deferred prosecution.\n\n3. In determining whether to defer prosecution and refer a case\n\nto the Restitution and Diversion Program, the district attorney\n\nshall consider the following factors:\n\na. whether the criminal complaint alleges an offense\n\ninvolving property,\n\nb. whether the alleged offense was committed in an\n\naggressive, violent, premeditated or willful manner,\n\nc. the prospects for adequate protection of the public if\n\nthe accused person is processed through deferred\n\nprosecution in the Restitution and Diversion Program,\n\nd. the number of criminal complaints against the\n\ndefendant previously received by the district\n\nattorney,\n\ne. whether or not there are other criminal complaints\n\ncurrently pending against the defendant,\n\nf. the strength of the evidence of the particular\n\ncriminal complaint, and\n\ng. the wishes of the victim.\n\nC. Upon referral of a complaint to the Restitution and\n\nDiversion Program, a notice of the complaint shall be forwarded by\n\nmail to the accused person. The notice shall contain:\n\n1. The date the act which is the subject of the complaint\n\noccurred;\n\n2. The name of the victim;\n\n3. The date before which the accused person must contact the\n\noffice of the district attorney concerning the complaint; and\n\n4. A statement of the penalty for the crime which is the\n\nsubject of the complaint.\n\nD. The district attorney may enter into a written agreement\n\nwith the accused person to defer prosecution on the criminal\n\ncomplaint for a period to be determined by the district attorney,\n\nnot to exceed three (3) years pending restitution being made to the\n\nvictim of the complaint and payment of necessary fees.\n\nE. Each restitution agreement shall include a provision\n\nrequiring the accused person to pay to the district attorneys office\n\na fee equal to the amount which would have been assessed as court\n\ncosts upon the filing of the case in district court plus Twenty-five\n\nDollars ($25.00) for each criminal complaint covered by the\n\nagreement. This fee may be deposited in a special fund with the\n\ncounty treasurer to be known as the “Restitution and Diversion\n\nProgram Fund” or in the Bogus Check Restitution Fund. The monies\n\ndeposited in the Restitution and Diversion Program Fund shall be\n\nused by the district attorney to make any lawful expenditure\n\nassociated with the district attorney’s office. The district\n\nattorney shall keep records of all monies deposited to and disbursed\n\nfrom these funds. The records of these funds shall be audited at\n\nthe same time the records of county funds are audited.\n\nF. 1. Restitution to be paid by the accused person to the\n\nvictim shall include out-of-pocket expenses the victim incurred as a\n\ndirect result of the crime having been committed. A restitution\n\nagreement may include provisions for restitution in an amount up to\no and disbursed\n\nfrom these funds. The records of these funds shall be audited at\n\nthe same time the records of county funds are audited.\n\nF. 1. Restitution to be paid by the accused person to the\n\nvictim shall include out-of-pocket expenses the victim incurred as a\n\ndirect result of the crime having been committed. A restitution\n\nagreement may include provisions for restitution in an amount up to\n\ntreble the amount of property involved except such restitution shall\n\nnot apply to false or bogus checks. If, instead of paying\n\nrestitution directly to the victim, the accused person delivers\n\nrestitution funds to the office of the district attorney, the\n\ndistrict attorney shall deposit such funds in a depository account\n\nin the office of the county treasurer to be disbursed to the victim\n\nby a warrant signed by the district attorney or a member of the\n\ndistrict attorney’s staff assigned to the Restitution and Diversion\n\nProgram. The district attorney shall keep full records of all\n\nrestitution monies received and disbursed. These records shall be\n\naudited at the same time the county funds are audited;\n\n2. If the accused person fails to comply with the provisions of\n\nthe Restitution and Diversion Program agreement, the district\n\nattorney may file an information and proceed with the prosecution of\n\nthe accused person as provided by law.\n\nG. Members of the district attorney’s staff shall perform\n\nduties in connection with the Restitution and Diversion Program in\n\naddition to any other duties which may be assigned by the district\n\nattorney.\n\nH. 1. District attorneys shall prepare and submit an annual\n\nreport to the District Attorneys Council showing total deposits and\n\ntotal expenditures in the Restitution and Diversion Program.\n\n2. By September 15 of each year, the District Attorneys Council\n\nshall publish an annual report for the previous fiscal year of the\n\nRestitution and Diversion Program. A copy of the report shall be\n\ndistributed to the President Pro Tempore of the Senate and the\n\nSpeaker of the House of Representatives and the chairs of the House\n\nand Senate Appropriations Committees. Each district attorney shall\n\nsubmit information requested by the District Attorneys Council\n\nregarding the Restitution and Diversion Program. This report shall\n\ninclude the number of cases processed, the total dollar amount for\n\nwhich restitution was made, the total amount of the restitution\n\ncollected, the total amount of fees collected, the total cost of the\n\nprogram, and such other information as required by the District\n\nAttorneys Council.\n\nI. For the purposes of the Restitution and Diversion Program,\n\nthe following definitions shall apply:\n\n1. “Property Crime” shall include, but not be limited to the\n\nfollowing:\n\na. embezzlement offenses,\n\nb. larceny offenses,\n\nc. theft offenses,\n\nd. malicious injury to property, and\n\ne. any offense which results in economic loss, but does\n\nnot result in physical injury to another human being,\n\nand which is not enumerated in Section 571 of Title 57\n\nof the Oklahoma Statutes;\n\n2. “Victim” is defined by Section 991f of this title;\n\n3. “Restitution” is defined by Section 991f of this title; and\n\n4. “Economic loss” is defined by Section 991f of this title.\n\nJ. The victim shall promptly provide to the Restitution and\n\nDiversion Program all documentation and evidence of compensation or\n\nreimbursement from insurance companies or agencies of this state,\n\nany other state, or the federal government received as a direct\n\nresult of the crime for injury, loss of earnings or out-of-pocket\n\nloss.","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":"cf1846247432ffb4bbb41c03b74f9ae258096e7cf9ad9129167da38b1e77acb3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-991f-1.0","next":"us-ok/okla.-stat.-tit.-22-22-991g"},"notice":"GroundRules: Original legal text. Not legal advice."}