Oklahoma § 22-114 - Restitution agreements

§ 22-114. Restitution agreements

A. The district attorney may enter into a written restitution

agreement with the defendant to defer prosecution on a false or

bogus check for a period to be determined by the district attorney,

Oklahoma Statutes - Title 22. Criminal Procedure

not to exceed three (3) years, pending restitution being made to the

victim of the bogus check as provided in this section.

B. Each restitution agreement shall include a provision

requiring the defendant to pay to the victim a Twenty-five Dollar

($25.00) fee and to the district attorney a fee equal to the amount

which would have been assessed as court costs upon filing of the

case in district court plus Twenty-five Dollars ($25.00) for each

check covered by the restitution agreement; provided, every check in

an amount of Fifty Dollars ($50.00) or more shall require a separate

fee to be paid to the district attorney in an amount equal to the

amount which would be assessed as court costs for the filing of a

felony case in district court plus Twenty-five Dollars ($25.00).

This money shall be deposited in a special fund with the county

treasurer to be known as the "Bogus Check Restitution Program Fund".

This fund shall be used by the district attorney to defray any

lawful expense of the district attorney’s office. The district

attorney shall keep records of all monies deposited to and disbursed

from this fund. The records of the fund shall be audited at the

same time the records of county funds are audited.

C. Restitution paid by the defendant to the victim shall

include the face amount of the check plus any charges the victim may

have been required to pay to a bank as the result of having received

the bogus check. If, instead of paying restitution directly to the

victim, the defendant delivers restitution funds to the office of

the district attorney, the district attorney shall deposit such

funds in a depository account in the office of the county treasurer

to be disbursed to the victim by a warrant signed by the district

attorney or a member of the staff assigned to the Bogus Check

Restitution Program. The district attorney shall keep full records

of all restitution monies received and disbursed. These records

shall be audited at the same time the county funds are audited.

D. Restitution paid by the defendant to the Oklahoma Tax

Commission shall include the face amount of the check plus the

administrative service fee authorized pursuant to Section 218 of

Title 68 of the Oklahoma Statutes. If the defendant delivers such

restitution funds to the office of the district attorney instead of

paying restitution directly to the Tax Commission, the district

attorney shall deposit such funds in a depository account in the

office of the county treasurer to be disbursed to the Tax Commission

by warrant signed by the district attorney or a member of the staff

assigned to the Bogus Check Restitution Program or shall transmit

the restitution funds directly to the Tax Commission.

E. If the defendant fails to comply with the restitution

agreement, the district attorney may file an information and proceed

with the prosecution of the defendant as provided by law.

F. The victim may authorize an administrative service fee to be

paid by such victim to the district attorney or other third-party

Oklahoma Statutes - Title 22. Criminal Procedure

vendor to facilitate electronic transfer of checks to the Bogus

Check Restitution Program.

G. The district attorney is authorized to contract for a peritem fee with a third-party vendor to facilitate electronic transfer

of checks into the Bogus Check Restitution Program.

Added by Laws 1982, c. 93, § 4, operative Oct. 1, 1982. Amended by

Laws 1986, c. 218, § 1, emerg. eff. June 9, 1986; Laws 2001, c. 18,

§ 1, eff. July 1, 2001; Laws 2001, c. 437, § 15, eff. July 1, 2001;

Laws 2006, c. 293, § 1, eff. July 1, 2006; Laws 2007, c. 358, § 3,

eff. July 1, 2007.

NOTE: Laws 2007, c. 199, § 2 repealed by Laws 2008, c. 3, § 18,

emerg. eff. Feb. 28, 2008.