Oklahoma § 22-982 - Presentence investigation

§ 22-982. Presentence investigation

A. Whenever a person is convicted of a violent felony offense

whether the conviction is for a single offense or part of any

combination of offenses, except when the death sentence is available

as punishment for the offense, the court may, before imposing the

sentence, require a presentence investigation be made of the

offender by the Department of Corrections. The court shall order

the defendant to pay a fee to the Department of Corrections of not

less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00) for the presentence investigation. In hardship cases, the

court may reduce the amount of the fee and establish a payment

schedule.

B. Whenever a person has a prior felony conviction and enters a

plea of guilty or nolo contendere to a felony offense other than a

violent felony offense, without an agreement by the district

attorney regarding the sentence to be imposed, the court may order a

Oklahoma Statutes - Title 22. Criminal Procedure

presentence investigation be made by the Department of Corrections.

The fee provided in subsection A of this section shall apply to

persons subject to this subsection.

C. Whenever a person has entered a plea of not guilty to a

nonviolent felony offense and is found guilty by a court following a

non-jury trial, the court may require a presentence investigation be

made by the Department of Corrections. The fee provided in

subsection A of this section shall apply to persons subject to this

subsection.

D. When conducting a presentence investigation, the Department

shall inquire into the circumstances of the offense and the

characteristics of the offender. The information obtained from the

investigation shall include, but not be limited to, a voluntary

statement from each victim of the offense concerning the nature of

the offense and the impact of the offense on the victim and the

immediate family of the victim, the amount of the loss suffered or

incurred by the victim as a result of the criminal conduct of the

offender, and the age, marital status, living arrangements,

financial obligations, income, family history and education, prior

juvenile and criminal records, associations with other persons

convicted of a felony offense, social history, indications of a

predisposition to violence or substance abuse, remorse or guilt

about the offense or the harm to the victim, job skills and

employment history of the offender. The Department shall make a

report of information from such investigation to the court,

including a recommendation detailing the punishment which is deemed

appropriate for both the offense and the offender, and specifically

a recommendation for or against probation or suspended sentence.

The report of the investigation shall be presented to the judge

within a reasonable time, and upon failure to present the report,

the judge may proceed with sentencing. Whenever, in the opinion of

the court or the Department, it is desirable, the investigation

shall include a physical and mental examination or either a physical

or mental examination of the offender.

E. The district attorney may have a presentence investigation

made by the Department on each person charged with a violent felony

offense and entering a plea of guilty or a plea of nolo contendere

as part of or in exchange for a plea agreement for a violent felony

offense. The presentence investigation shall be completed before

the terms of the plea agreement are finalized. The court shall not

approve the terms of any plea agreement without reviewing the

presentence investigation report to determine whether or not the

terms of the sentence are appropriate for both the offender and the

offense. The fee provided in subsection A of this section shall

apply to persons subject to this subsection and shall be a condition

of the plea agreement and sentence.

Oklahoma Statutes - Title 22. Criminal Procedure

F. The presentence investigation reports specified in this

section shall not be referred to, or be considered, in any appeal

proceedings. Before imposing a sentence, the court shall advise the

defendant, counsel for the defendant, and the district attorney of

the factual contents and conclusions of the presentence

investigation report. The court shall afford the offender a fair

opportunity to controvert the findings and conclusions of the

reports at the time of sentencing. If either the defendant or the

district attorney desires, a hearing shall be set by the court to

allow both parties an opportunity to offer evidence proving or

disproving any finding contained in a report, which shall be a

hearing in mitigation or aggravation of punishment.

G. The required presentence investigation and report may be

waived upon written waiver by the district attorney and the

defendant and upon approval by the Court.

H. As used in this section, "violent felony offense" means:

1. Arson in the first degree;

2. Assault with a dangerous weapon, battery with a dangerous

weapon or assault and battery with a dangerous weapon;

3. Aggravated assault and battery on a police officer, sheriff,

highway patrol officer, or any other officer of the law;

4. Assault with intent to kill, or shooting with intent to

kill;

5. Assault with intent to commit a felony, or use of a firearm

to commit a felony;

6. Assault while masked or disguised;

7. Burglary in the first degree or burglary with explosives;

8. Child beating or maiming;

9. Forcible sodomy;

10. Kidnapping, or kidnapping for extortion;

11. Lewd or indecent proposition or lewd or indecent acts with

a child;

12. Manslaughter in the first or second degrees;

13. Murder in the first or second degrees;

14. Rape in the first or second degrees, or rape by

instrumentation;

15. Robbery in the first or second degrees, or robbery by two

or more persons, or robbery with a dangerous weapon; or

16. Any attempt, solicitation or conspiracy to commit any of

the above enumerated offenses.

Added by Laws 1967, c. 277, § 1, emerg. eff. May 8, 1967. Amended

by Laws 1975, c. 369, § 1, emerg. eff. June 18, 1975; Laws 1982, c.

25, § 1, operative Oct. 1, 1982; Laws 1992, c. 319, § 1, eff. Sept.

1, 1992; Laws 1997, c. 328, § 1; Laws 2002, c. 460, § 18, eff. Nov.

1, 2002; Laws 2017, c. 170, § 1, eff. Nov. 1, 2017; Laws 2019, c.

326, § 1, eff. Nov. 1, 2019.

Oklahoma Statutes - Title 22. Criminal Procedure

NOTE: Laws 1997, c. 133, § 19 repealed by Laws 1999, 1st Ex. Sess.,

c. 5, § 452, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 19 from July 1, 1998, to July 1, 1999.

§22-982a. Judicial review.

A. 1. Any time within sixty (60) months after the initial

sentence is imposed or within sixty (60) months after probation has

been revoked, the court imposing sentence or revocation of probation

may modify such sentence or revocation by directing that another

sentence be imposed, if the court is satisfied that the best

interests of the public will not be jeopardized; provided, however,

the court shall not impose a deferred sentence. Any application for

sentence modification that is filed and ruled upon beyond twelve

(12) months of the initial sentence being imposed must be approved

by the district attorney who shall provide written notice to any

victims in the case which is being considered for modification.

2. The court imposing sentence may modify the sentence of any

offender who was originally sentenced for a drug charge and ordered

to complete the Drug Offender Work Camp at the Bill Johnson

Correctional Facility and direct that another sentence be imposed,

if the court is satisfied that the best interests of the public will

not be jeopardized; provided, however, the court shall not impose a

deferred sentence. An application for sentence modification

pursuant to this paragraph may be filed and ruled upon beyond the

initial sixty-month time period provided for in paragraph 1 of this

subsection.

3. This section shall not apply to convicted felons who have

been in confinement in any state or federal prison system for any

previous felony conviction during the ten-year period preceding the

date that the sentence this section applies to was imposed.

Further, without the consent of the district attorney, this section

shall not apply to sentences imposed pursuant to a plea agreement or

jury verdict.

B. The court imposing the sentence may modify the sentence of

any offender sentenced to life without parole for an offense other

than a violent crime, as enumerated in Section 571 of Title 57 of

the Oklahoma Statutes, who has served at least ten (10) years of the

sentence in the custody of the Department of Corrections upon a

finding that the best interests of the public will not be

jeopardized. Provided; however, prior to granting a sentence

modification under the provisions of this subsection, the court

shall provide notice of the hearing to determine sentence

modification to the victim or representative of the victim and shall

allow the victim or representative of the victim the opportunity to

provide testimony at the hearing. The court shall consider the

Oklahoma Statutes - Title 22. Criminal Procedure

testimony of the victim or representative of the victim when

rendering a decision to modify the sentence of an offender.

C. For purposes of judicial review, upon court order or written

request from the sentencing judge, the Department of Corrections

shall provide the court imposing sentence or revocation of probation

with a report to include a summary of the assessed needs of the

offender, any progress made by the offender in addressing his or her

assessed needs, and any other information the Department can supply

on the offender. The court shall consider such reports when

modifying the sentence or revocation of probation. The court shall

allow the Department of Corrections at least twenty (20) days after

receipt of a request or order from the court to prepare the required

reports.

D. If the court considers modification of the sentence or

revocation of probation, a hearing shall be made in open court after

receipt of the reports required in subsection C of this section.

The clerk of the court imposing sentence or revocation of probation

shall give notice of the judicial review hearing to the Department

of Corrections, the offender, the legal counsel of the offender, and

the district attorney of the county in which the offender was

convicted upon receipt of the reports. Such notice shall be mailed

at least twenty-one (21) days prior to the hearing date and shall

include a copy of the report and any other written information to be

considered at the judicial review hearing.

E. If an appeal is taken from the original sentence or from a

revocation of probation which results in a modification of the

sentence or modification to the revocation of probation of the

offender, such sentence may be further modified in the manner

described in paragraph 1 of subsection A of this section within

sixty (60) months after the receipt by the clerk of the district

court of the mandate from the Supreme Court or the Court of Criminal

Appeals.

Added by Laws 1983, c. 37, § 1, eff. Nov. 1, 1983. Amended by Laws

1997, c. 133, § 69, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.

5, § 20, eff. July 1, 1999; Laws 2007, c. 358, § 6, eff. July 1,

2007; Laws 2009, c. 240, § 1, emerg. eff. May 21, 2009; Laws 2010,

c. 2, § 8, emerg. eff. March 3, 2010; Laws 2012, c. 228, § 3, eff.

Nov. 1, 2012; Laws 2015, c. 127, § 1, eff. Nov. 1, 2015; Laws 2016,

c. 160, § 1, eff. Nov. 1, 2016; Laws 2018, c. 128, § 1, eff. Nov. 1,

2018.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 69 from July 1, 1998, to July 1, 1999.

NOTE: Laws 2009, c. 275, § 1 repealed by Laws 2010, c. 2, § 9,

emerg. eff. March 3, 2010.

§22-982b.

sentence.

Abeyance of sentence pending execution of federal

Oklahoma Statutes - Title 22. Criminal Procedure

A. Upon motion of the district attorney of the county from

which a sentence was imposed, the court may hold execution of a

sentence of imprisonment in abeyance if the offender has a pending

sentence of incarceration to be served in the custody of the United

States Bureau of Prisons or successor federal agency.

B. Any offender whose sentence has been held in abeyance

pending execution of a federal sentence pursuant to subsection A of

this section shall be returned to the Department of Corrections to

complete execution of his or her sentence upon release from federal

custody, unless the remainder of the sentence of the offender has

been discharged, vacated, paroled, or commuted while the offender

was in federal custody.

C. In determining whether to hold the execution of a sentence

in abeyance pending execution of a federal sentence, the court shall

consider the safety of the public, personnel of the Department of

Corrections, personnel of law enforcement agencies, other inmates,

and the offender. The filing of a motion to hold the execution of a

sentence in abeyance by the district attorney shall create a

rebuttable presumption that it is in the public interest to hold the

sentence in abeyance and that the motion shall be granted.

D. The Department of Corrections shall be responsible for

transportation of the offender from federal custody to state custody

upon the release of the offender from federal custody.

E. An offender whose sentence has been held in abeyance pending

execution of a federal sentence shall not be released from the

custody of the Department of Corrections until and unless federal

authorities take custody of the offender. In no event shall an

order holding execution of a state sentence in abeyance pursuant to

this section result in the release of the offender from both state

and federal custody simultaneously.

F. The provisions of this section shall not apply to any

offender who has been sentenced to death and whose death sentence

remains valid.

Added by Laws 2024, c. 154, § 1, eff. Nov. 1, 2024.