Oklahoma § 21-142.18 - Victim compensation assessments - Probation or parole

§ 21-142.18. Victim compensation assessments - Probation or parole

fees - Restitution funds.

A. In addition to the imposition of any costs, penalties or

fines imposed pursuant to law, any person convicted of, pleading

guilty to or agreeing to a deferred judgment procedure under the

provisions set forth in the Oklahoma Statutes for a felony involving

criminally injurious conduct shall be ordered to pay a victim

compensation assessment of at least Fifty Dollars ($50.00), but not

to exceed Ten Thousand Dollars ($10,000.00), for each crime for

which the person was convicted or for which the person agreed to a

deferred judgment procedure. In imposing this penalty, the court

shall consider factors such as the severity of the crime, the prior

criminal record, the expenses of the victim of the crime, and the

ability of the defendant to pay, as well as the economic impact of

the victim compensation assessment on the dependents of the

defendant.

B. In addition to the imposition of any costs, penalties or

fines imposed pursuant to law, any person convicted of, pleading

guilty to or agreeing to a deferred judgment procedure under the

provisions set forth in the Oklahoma Statutes for a felony or

misdemeanor offense, not including traffic offenses and not

including misdemeanor offenses of the Oklahoma Wildlife Conservation

Code or statutes relating to water safety, not described in

subsection A of this section, the court shall levy a victim

compensation assessment of at least Forty-five Dollars ($45.00), but

not to exceed One Thousand Dollars ($1,000.00) for each felony and

at least Thirty Dollars ($30.00), but not to exceed Three Hundred

Dollars ($300.00) for each misdemeanor upon every fine, penalty, and

forfeiture imposed and collected. When a cash bond is posted for

Oklahoma Statutes - Title 21. Crimes and Punishments

any offense included in this subsection, the bond shall also include

a sufficient amount to cover the minimum amount for victim

compensation assessment.

C. A victim compensation assessment of at least Thirty Dollars

($30.00), but not to exceed Two Thousand Dollars ($2,000.00), shall

be levied by the court at the time a child has been adjudicated by

the court as a delinquent child, provided the child is committed to

the Department of Juvenile Justice, as defined in Sections 2-1-103

and 2-7-503 of Title 10A of the Oklahoma Statutes.

D. All monies collected pursuant to this section shall be

forwarded monthly by the court clerk to the Victims Compensation

Revolving Fund.

E. In any municipal court of record in which the defendant is

ordered by the court to pay municipal court costs as a result of a

crime involving violence, the threat of violence, or sexual assault,

the court shall levy and collect a victims compensation assessment

of Thirty-five Dollars ($35.00). The municipal court clerk

collecting said assessment is authorized to deduct ten percent (10%)

of the amount collected from said Thirty-five Dollars ($35.00) for

administrative costs. In any municipal court of record in which the

defendant is ordered by the court to pay municipal court costs as a

result of driving under the influence of alcohol or other

intoxicating substance, or both alcohol and other intoxicating

substance, the court shall levy and collect a victims compensation

assessment of Twenty-five Dollars ($25.00). The municipal court

clerk collecting said assessment is authorized to deduct ten percent

(10%) of the amount collected from said Twenty-five Dollars ($25.00)

for administrative costs. All victims compensation assessments

collected by the municipal court clerk shall be forwarded to the

Crime Victims Compensation Fund on a quarterly basis.

F. Beginning July 1, 1996, the fee provided for in Section 991d

of Title 22 of the Oklahoma Statutes shall be deposited with the

State Treasurer and transferred to the Department of Corrections

Revolving Fund. There shall be a three-year statute of limitation

from the date of receipt of all restitution funds made payable to

the Department of Corrections. All restitution funds which have not

been disbursed in three (3) years shall be transferred to the

Oklahoma Crime Victims Compensation Fund by the 15th of the month

following the end of each quarter. The statute of limitations

applies to funds currently on the books of the Department of

Corrections which have not been disbursed as of July 1, 1993, and

July 1st of every year thereafter. Any funds being held since the

repeal of Section 991e of Title 22 of the Oklahoma Statutes, which

was effective July 1, 1995, shall be transferred to the Oklahoma

Crime Victims Compensation Fund by July 31, 1996. Any restitution

collected through a county restitution program and deposited in a

Oklahoma Statutes - Title 21. Crimes and Punishments

county treasury account shall also be forwarded to the Victims

Compensation Fund using the same three-year statute of limitations.

Added by Laws 1981, c. 93, § 18. Amended by Laws 1984, c. 21, § 1,

emerg. eff. March 20, 1984; Laws 1989, c. 125, § 4, eff. Nov. 1,

1989; Laws 1990, c. 142, § 1, operative July 1, 1990; Laws 1990, c.

337, § 6; Laws 1993, c. 325, § 10, emerg. eff. June 7, 1993; Laws

1996, c. 292, § 4, emerg. eff. June 10, 1996; Laws 2001, c. 369, §

2, eff. July 1, 2001; Laws 2009, c. 234, § 118, emerg. eff. May 21,

2009.

NOTE: Laws 1990, c. 93, § 3 repealed by Laws 1990, c. 337, § 26.