Oklahoma § 21-843.6 - Payment of costs by defendant upon conviction

§ 21-843.6. Payment of costs by defendant upon conviction

A. 1. In addition to any other costs which a court is

authorized to require a defendant to pay, upon conviction of any

offense involving child abuse or neglect, the court may require that

the defendant pay court-appointed attorney fees for the child to any

local or state agency incurring the cost or any other person or

entity providing services to or on behalf of the child, and the cost

of any medical examinations conducted on the child in order to

determine the nature or extent of the abuse or neglect.

2. If the court determines that the defendant has the ability

to pay all or part of the costs, the court may set the amount to be

reimbursed and order the defendant to pay that sum to the local or

state agency or other person or entity incurring the cost in the

Oklahoma Statutes - Title 21. Crimes and Punishments

manner in which the court believes reasonable and compatible with

the defendant's financial ability.

3. In making a determination of whether a defendant has the

ability to pay, the court shall take into account the amount of any

fine imposed upon the defendant and any amount the defendant has

been ordered to pay in restitution.

B. 1. In addition to any other costs which a court is

authorized to require a defendant to pay, upon conviction of any

offense involving sexual abuse, the court may require that the

defendant pay, to the local or state agency incurring the cost, the

cost of any medical examinations conducted on the child for the

collection and preservation of evidence.

2. If the court determines that the defendant has the ability

to pay all or part of the cost of the medical examination, the court

may set the amount to be reimbursed and order the defendant to pay

that sum to the local or state agency incurring the cost, in the

manner in which the court believes reasonable and compatible with

the defendant's financial ability.

3. In making the determination of whether a defendant has the

ability to pay, the court shall take into account the amount of any

fine imposed upon the defendant and any amount the defendant has

been ordered to pay in restitution.

4. In no event shall a court penalize an indigent defendant by

imposing an additional period of imprisonment in lieu of payment.

C. 1. The court shall require the defendant to pay, upon

conviction of any offense involving the sexual or physical abuse of

a child, for the psychological evaluation to determine the extent of

counseling necessary for the victim of the abuse and any necessary

psychological counseling deemed necessary to rehabilitate the child.

2. Such evaluations and counseling may be performed by

psychiatrists, psychologists, licensed professional counselors or

social workers. The results of the examination shall be included in

the court records and in information contained in the central

registry.

Added by Laws 1995, c. 353, § 14, eff. Nov. 1, 1995. Amended by

Laws 1998, c. 416, § 20, eff. Nov. 1, 1998. Renumbered from § 7114

of Title 10 by Laws 2009, c. 233, § 206, emerg. eff. May 21, 2009.