Oklahoma § 22-305.1 - Deferred prosecution programs - Guidelines - Factors

§ 22-305.1. Deferred prosecution programs - Guidelines - Factors

considered.

Before the filing of an information against a person accused of

committing a crime, the State of Oklahoma, through its district

attorney, may agree with an accused to defer the filing of a

criminal information for a period not to exceed three (3) years.

The State of Oklahoma may include any person in a deferred

prosecution program if it is in the best interests of the accused

and not contrary to the public interest. Each district attorney

shall adopt and promulgate guidelines which shall indicate what

factors shall be considered in including an accused in the deferred

prosecution program. The guidelines shall insure that the State of

Oklahoma considers in each case at least the following factors:

1. Whether the State of Oklahoma has sufficient evidence to

achieve conviction;

2. The nature of the offense with priority given to first

offenders and nonviolent crimes;

3. Any special characteristics of the accused;

4. Whether the accused will cooperate and benefit from a

deferred prosecution program;

5. Whether available programs are appropriate to the accused

person's needs;

6. Whether the services for the accused are more readily

available from the community or from the corrections system;

7. Whether the accused constitutes a substantial danger to

others;

8. The impact of the deferred prosecution on the community;

9. The recommendations of the law enforcement agency involved

in the case;

10. The opinions of the victim; and

Oklahoma Statutes - Title 22. Criminal Procedure

11. Any mitigating or aggravating circumstances.

Laws 1979, c. 226, § 1, eff. Oct. 1, 1979; Laws 2007, c. 358, § 5,

eff. July 1, 2007.