Oklahoma § 22-983 - See the following versions:

§ 22-983. See the following versions:

OS 22-983v1 (SB 689, Laws 2018, c. 128, § 2).

OS 22-983v2 (SB 623, Laws 2023, c. 310, § 3).

OS 22-983v3 (HB 3546, Laws 2024, c. 211, § 2).

§22-983a. Authority to waive fines, costs and fees.

A. On or after November 1, 2016, the court shall have the

authority to waive all outstanding fines, court costs and fees in a

criminal case for any person who:

1. Served a period of imprisonment in the custody of the

Department of Corrections after conviction for a crime;

Oklahoma Statutes - Title 22. Criminal Procedure

2. Has been released from the custody of the Department of

Corrections;

3. Has complied with all probation or supervision requirements

since being released from the custody of the Department of

Corrections; and

4. Has made installment payments on outstanding fines, court

costs, fees and restitution ordered by the court on a timely basis

every month for the previous twenty-four (24) months following

release from the custody of the Department of Corrections.

B. The provisions of this section shall not apply to amounts

owed by the person for restitution to a victim pursuant to a court

order or child support obligations pursuant to a court order.

Added by Laws 2016, c. 392, § 1, eff. Nov. 1, 2016.

§22-983b. Released persons – Hearing to determine ability to pay

fines, fees and costs.

A. Any person released on parole or released without parole

from a term of imprisonment with the Department of Corrections shall

be required to report at a time not less than one hundred eighty

(180) days after his or her release from the Department of

Corrections to:

1. The district court of the county from which the judgment and

sentence resulting in incarceration arose; and

2. All other district courts or municipal courts where the

person owes fines, fees, costs and assessments,

for the purpose of scheduling a hearing to determine the ability of

the person to pay fines, fees, costs or assessments owed by the

person in every felony or misdemeanor criminal case filed in a

district court or criminal case filed in a municipal court of this

state. Such hearing shall be held in accordance with the provisions

of Section VIII of the Rules of the Court of Criminal Appeals, 22

O.S. 2011, Ch. 18, App. A court may for good cause shown or in its

discretion continue such hearing for up to one hundred eighty (180)

days.

B. In determining the ability of the person to satisfy fines,

fees, costs or assessments owed to a district or municipal court,

the court shall inquire of the person at the time of the hearing

which counties and municipalities the person owes fines, fees, costs

or assessments in every felony or misdemeanor criminal case filed

against the person and shall consider all court-ordered debt,

including restitution and child support, in determining the ability

of the person to pay. In calculating and determining the ability of

a person to pay his or her fines, fees, costs, or assessments under

the provisions of this subsection, any monies received from a

federal or state government need-based assistance program shall not

be counted as personal income to pay for the legal and financial

obligations owed to the court. The court may reduce a person's

Oklahoma Statutes - Title 22. Criminal Procedure

fines, fees, costs, or assessments if it is determined by the court

that the person does not have the ability to pay the fines, fees,

costs, or assessments. However, if the court determines that a

reduction in the fines, fees, costs, or assessments is warranted,

the court shall equally apply the same percentage reduction to the

fines, fees, costs, or assessments owed by the person. The person

shall not be required to pay any outstanding fines, fees, costs or

assessments prior to the expiration of the one-hundred-eighty-day

period; provided, however, the person shall not be precluded from

voluntarily making payment toward the satisfaction of any fines,

fees, costs or assessments due and owing to a district or municipal

court of this state.

C. The Court of Criminal Appeals shall promulgate rules

governing the provisions of this section including, but not limited

to:

1. Reporting, hearing and payment requirements as provided for

in subsections A and B of this section;

2. Consolidating district and municipal court fines, fees,

costs or assessments owed by a person into one order for payment;

and

3. Accepting and distributing payments received for fines,

fees, costs or assessments to various district and municipal courts

when consolidated by the court into one order for payment.

Added by Laws 2016, c. 392, § 2, eff. Nov. 1, 2016. Amended by Laws

2022, c. 29, § 2, eff. Nov. 1, 2022.

§22-983v1. Imprisonment or recommendation of suspension of driving

privileges for failure to pay fines, costs, fees, or assessments Hearing - Installments.

A. Any defendant found guilty of an offense in any court of

this state may be imprisoned for nonpayment of the fine, cost, fee,

or assessment when the trial court finds after notice and hearing

that the defendant is financially able but refuses or neglects to

pay the fine, cost, fee, or assessment. A sentence to pay a fine,

cost, fee, or assessment may be converted into a jail sentence only

after a hearing and a judicial determination, memorialized of

record, that the defendant is able to satisfy the fine, cost, fee,

or assessment by payment, but refuses or neglects so to do.

B. After a judicial determination that the defendant is able to

pay the fine, cost, fee, or assessment in installments, the court

may order the fine, cost, fee, or assessment to be paid in

installments and shall set the amount and date for each installment.

C. In addition, the district court or municipal court, within

one hundred twenty (120) days from the date upon which the person

was originally ordered to make payment, may send notice of

nonpayment of any court ordered fine and costs for a moving traffic

violation to the Department of Public Safety with a recommendation

Oklahoma Statutes - Title 22. Criminal Procedure

of suspension of driving privileges of the defendant until the total

amount of any fine and costs has been paid. Upon receipt of payment

of the total amount of the fine and costs for the moving traffic

violation, the court shall send notice thereof to the Department, if

a nonpayment notice was sent as provided for in this subsection.

Notices sent to the Department shall be on forms or by a method

approved by the Department.

D. The Court of Criminal Appeals shall implement procedures and

rules for methods of establishing payment plans of fines, costs,

fees, and assessments by indigents, which procedures and rules shall

be distributed to all district courts and municipal courts by the

Administrative Office of the Courts.

Added by Laws 1971, c. 341, § 5, emerg. eff. June 24, 1971. Amended

by Laws 1990, c. 259, § 3, eff. Sept. 1, 1990; Laws 1991, c. 238, §

34, eff. July 1, 1991; Laws 1999, c. 359, § 6, eff. Nov. 1, 1999;

Laws 2000, c. 159, § 1, emerg. eff. April 28, 2000; Laws 2000, c.

323, § 2, emerg. eff. June 5, 2000; Laws 2018, c. 128, § 2, eff.

Nov. 1, 2018.

NOTE: HB 3925, Laws 2022, c. 350, § 5, amending this section, was

repealed by HB 2259, Laws 2023, c. 247, § 5 and SB 907, Laws 2023,

c. 369, § 1. Repealer sections were included in both HB 2259 and SB

907 which referred to the applicable sections of Enrolled HB 3925

from the 2nd Regular Session of the 58th Oklahoma Legislature

(2022). The text of the affected statutes as amended by HB 3925 in

2022 was contained in HB 2259 with additional amendatory language,

but was not contained in SB 907.

§22-983v2. Imprisonment or recommendation of suspension of driving

privileges for failure to pay fines, costs, fees or assessments Hearing - Installments.

A. 1. Except in cases provided for in Section 983b of this

title, when the judgment and sentence of a court, either in whole or

in part, imposes fines, costs, fees, or assessments upon a

defendant, the court at the time of sentencing shall require the

defendant to complete under oath a form promulgated by the Court of

Criminal Appeals that provides current information regarding the

financial ability of the defendant to pay.

2. The information to be required on the form shall include,

but not be limited to, the individual and household income and

living expenses of the defendant, excluding child support and any

monies received from a federal or state government need-based or

disability assistance program, the number of dependents, a listing

of assets, excluding assets exempt from bankruptcy, child support

obligations, health, mental or behavioral health conditions that

diminish the ability of the defendant to pay restitution, and

additional court-related expenses to be paid by the defendant.

Oklahoma Statutes - Title 22. Criminal Procedure

3. For purposes of this section, fines, costs, fees, and

assessments shall include all financial obligations imposed by the

court or required by law to be paid, excluding restitution or

payments to be made other than to the court clerk, and shall be

referred to as financial obligations.

B. 1. The court shall order the defendant to appear

immediately after sentencing at the office of the court clerk who

shall inform the defendant of the total amount of all financial

obligations that have been ordered by the court. If the defendant

states to the court clerk that he or she is unable to pay the

financial obligations immediately, the court clerk, based on the

verified information provided by the defendant, shall establish,

subject to approval of the court, a monthly installment plan that

will cause the financial obligations to be satisfied within no more

than seventy-two (72) months, unless extended by the court.

2. The court clerk shall advise the defendant orally and by

delivery of a form promulgated by the Court of Criminal Appeals,

that:

a.

it is the obligation of the defendant to keep the

court clerk informed of the contact information of the

defendant until the financial obligations have been

paid. Such information shall include the current

mailing and physical addresses of the defendant,

telephone or cellular phone number of the defendant,

and the email address where the defendant may receive

notice from the court,

b.

if the defendant is unable to pay the financial

obligations ordered by the court immediately or in the

installments recommended by the court clerk, the

defendant may request a cost hearing for the court to

determine the ability of the defendant to pay the

amount due and to request modification of the

installment plan, a reduction in the amount owed, or

waiver of payment of the amount owed, and

c.

upon any subsequent change in circumstances affecting

the ability of the defendant to pay, the defendant may

contact the court clerk and request additional cost

hearings before the court.

3. An order shall be filed in the case with the approval or

disapproval by the court of the payment plan. If the court does not

approve the payment plan recommended by the court clerk, the court

shall enter its order establishing the payment plan. The defendant

shall be notified by certified mail or personal service of the order

entered by the court and shall be given the opportunity for a cost

hearing.

4. The district court for each county and all municipal courts

shall set a regular time and courtroom for cost hearings.

Oklahoma Statutes - Title 22. Criminal Procedure

C. If the defendant requests a cost hearing, the court clerk

shall set the hearing no later than sixty (60) days after

sentencing. In determining the ability of the defendant to pay, the

court shall rely on the verified information submitted by the

defendant on the form promulgated by the Court of Criminal Appeals

and any updates to the information. In addition, the court may make

inquiry of the defendant and consider any other evidence or

testimony concerning the ability of the defendant to pay.

D. 1. If at the initial cost hearing or any subsequent cost

hearing, the court determines that the defendant is unable to

immediately pay the financial obligations or the required

installments, the court may reduce the amount of the installments,

extend the payment plan beyond seventy-two (72) months, or waive

payment of all or part of the amount owed. The court may include a

financial incentive for accelerated payment. Additionally, the

court may order community service in lieu of payment. The defendant

shall receive credit for no less than two times the amount of the

minimum wage specified pursuant to state law for each hour of

community service.

2. If at any time due to a change in conditions the defendant

is unable to pay the financial obligations ordered by the court or

any installment, the defendant may request an additional cost

hearing.

E. If the court determines that a waiver of any of the

financial obligations is warranted, the court shall equally apply

the same percentage reduction to all fines, costs, fees, and

assessments, excluding restitution.

F. 1. If a defendant is delinquent in the payment of financial

obligations or an installment by more than sixty (60) days, the

court clerk shall notify the court which shall, within ten (10) days

thereafter, set a cost hearing for the court to determine if the

defendant is able to pay. The hearing shall be set on a date that

will allow the court clerk to issue a summons fourteen (14) days

prior to the cost hearing.

2. No less than fourteen (14) days prior to the cost hearing,

the court clerk shall issue one summons to the defendant to be

served by United States mail to the mailing address of the defendant

on file in the case, substantially as follows:

SUMMONS

You are ORDERED to appear for a cost hearing at a specified time,

place, and date to determine if you are financially able but

willfully refuse or neglect to pay the fines, costs, fees, or

assessments or an installment due in Case No.__________.

You must be present at the hearing.

At any time before the date of the cost hearing, you may contact the

court clerk and pay the fines, costs, fees, or assessments or any

installment due.

Oklahoma Statutes - Title 22. Criminal Procedure

THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for

the cost hearing or to make the payment, the court will issue a

WARRANT for “FAILURE TO APPEAR—COST HEARING” and refer the case to a

court cost compliance liaison which will cause an additional thirty

percent (30%) administrative fee to be added to the amount owed.

3. If the defendant fails to appear at the cost hearing or pay

the amount due the court shall issue a warrant for FAILURE TO

APPEAR—COST HEARING and refer the case to the court cost compliance

program as provided in subsection K of this section.

4. Municipal courts, in lieu of mailing the summons provided

for in this subsection, may give the defendant personal notice at

the time of sentencing of a specific date, time, and place, not less

than sixty (60) nor more than one hundred twenty (120) days from the

date of sentencing to appear for a cost hearing if the fines, costs,

fees, and assessments remain unpaid.

G. If a defendant is found by a law enforcement officer to have

an outstanding warrant for FAILURE TO APPEAR—COST HEARING, the law

enforcement officer shall release the defendant and issue a citation

to appear pursuant to Section 209 of this title. If the defendant

fails to appear at the time and place cited by the law enforcement

officer, the court may issue a summons or warrant as provided in

Section 209 of this title. The provisions of this subsection shall

not apply to a municipal court if the municipal court has previously

provided personal service to the defendant of an opportunity for a

cost hearing.

H. In determining whether the defendant is able to pay

delinquent financial obligations or any installments due, the court

shall consider the criteria provided in subsection C of this

section.

I. Any defendant found guilty of an offense in any court of

this state may be imprisoned for nonpayment of his or her financial

obligations when the court finds after notice and hearing that the

defendant is financially able but willfully refuses or neglects to

pay the financial obligations owed. A sentence to pay a fine, cost,

fee, or assessment may be converted into a jail sentence only after

a hearing and a judicial determination, memorialized of record, that

the defendant is able to satisfy the fine, cost, fee, or assessment

by payment, but refuses or neglects so to do.

J. In addition, the district court or municipal court, within

one hundred twenty (120) days from the date upon which the person

was originally ordered to make payment, and if the court finds and

memorializes into the record that the defendant is financially able

but willfully refuses to or neglects to pay the fines, costs, fees,

or assessments, or an installment due, may send notice of nonpayment

of any court ordered fine and costs for a moving traffic violation

to Service Oklahoma with a recommendation of suspension of driving

privileges of the defendant until the total amount of any fine and

Oklahoma Statutes - Title 22. Criminal Procedure

costs has been paid. Upon receipt of payment of the total amount of

the fine and costs for the moving traffic violation, the court shall

send notice thereof to Service Oklahoma, if a nonpayment notice was

sent as provided for in this subsection. Notices sent to Service

Oklahoma shall be on forms or by a method approved by Service

Oklahoma.

K. All counties of the state shall fully utilize and

participate in the court cost compliance program. Cases shall be

referred to the court cost compliance program not less than thirty

(30) days nor more than sixty (60) days after the defendant fails to

appear for a cost hearing unless the defendant pays the amount owed

on the financial obligation, or an installment due. When the court

refers the case, the updated contact information on file shall be

forwarded to a court cost compliance liaison for collection

purposes.

L. The Court of Criminal Appeals shall implement procedures,

forms, and rules consistent with the provisions of this section for

methods of establishing payment plans of fines, costs, fees, and

assessments by indigents, which procedures, forms, and rules shall

be distributed to all district courts and municipal courts by the

Administrative Office of the Courts.

Added by Laws 1971, c. 341, § 5, emerg. eff. June 24, 1971. Amended

by Laws 1990, c. 259, § 3, eff. Sept. 1, 1990; Laws 1991, c. 238, §

34, eff. July 1, 1991; Laws 1999, c. 359, § 6, eff. Nov. 1, 1999;

Laws 2000, c. 159, § 1, emerg. eff. April 28, 2000; Laws 2000, c.

323, § 2, emerg. eff. June 5, 2000; Laws 2018, c. 128, § 2, eff.

Nov. 1, 2018; Laws 2022, c. 350, § 5, eff. July 1, 2023; Laws 2023,

c. 310, § 3, eff. July 1, 2023.

NOTE: SB 623, Laws 2023, c. 310, § 3 amended this section, as

amended by HB 3925, Laws 2022, c. 350, § 5. However, HB 3925, Laws

2022, c. 350, § 5, amending this section, was repealed by HB 2259,

Laws 2023, c. 247, § 5 and SB 907, Laws 2023, c. 369, § 1. Repealer

sections were included in both HB 2259 and SB 907 which referred to

the applicable sections of Enrolled HB 3925 from the 2nd Regular

Session of the 58th Oklahoma Legislature (2022). The text of the

affected statutes as amended by HB 3925 in 2022 was contained in HB

2259 with additional amendatory language, but was not contained in

SB 907.

§22-983v3. Ability of defendant to pay court financial obligations

— Factors — Hardship waiver — Cost hearings — Delinquency — Warrants

— Court cost compliance program.

A. As used in this section, unless the context otherwise

requires:

1. "Cost arrest warrant" means a warrant authorizing arrest

that is issued by a court under the following circumstances:

Oklahoma Statutes - Title 22. Criminal Procedure

a.

failure to comply with the terms of a court financial

obligations payment plan,

b.

failure to appear at a cost hearing or willfulness

hearing, or

c.

failure to appear at the office of the court clerk of

the county in which the court financial obligation is

owed within ten (10) days of being cited by a law

enforcement officer to appear;

2. "Cost cite and release warrant" means a warrant issued by a

court authorizing citation and release under the following

circumstances:

a.

failure to comply with terms of a court financial

obligations payment plan, or

b.

failure to appear at a cost hearing or willfulness

hearing;

3. "Cost hearing" means a hearing in which the court determines

the ability of a defendant to pay court financial obligations. Once

a cost hearing date has been set, all court financial obligations

shall be suspended until the cost hearing has been held;

4. "Court financial obligation" means all financial obligations

including fines, costs, fees, and assessments, imposed by the court

or required by law to be paid, excluding restitution or payments to

be made other than to the court clerk;

5. "Payment-in-full" means a court financial payment term that

requires the defendant to pay the full amount of court financial

obligations owed within ninety (90) days of a plea or sentence in

the district court or within thirty (30) days of a plea or sentence

in the municipal court;

6. "Payment-in-installments" means payment terms for court

financial obligations that require the defendant to make monthly

payments in any amount until the amount owed is fully paid; and

7. "Willfulness hearing" means a hearing in which the court

determines whether a defendant who has previously been found to have

the ability to pay court financial obligations has willfully failed

to pay the debt.

B. 1. Except in cases provided for in Section 983b of this

title, when the judgment and sentence of a court, either in whole or

in part, imposes court financial obligations upon a defendant, the

court at the time of sentencing may immediately, or at any point

thereafter until the debt is either paid or waived, determine the

ability of a defendant to pay the court financial obligations. The

court may make such determinations at a cost hearing or upon written

motion or affidavit by the defendant. The ability of a defendant to

pay court financial obligations may not impact the sentence imposed.

2. Defendants with court financial obligations who are found by

the court to be unable to pay, in whole or in part, shall be

Oklahoma Statutes - Title 22. Criminal Procedure

relieved of the debt by the court through a hardship waiver of the

court financial obligations, either in whole or in part.

3. In determining the ability of a defendant to pay, the court

shall consider the following factors:

a.

individual and household income,

b.

household living expenses,

c.

number of dependents,

d.

assets,

e.

child support obligations,

f.

physical or mental health conditions that diminish the

ability to generate income or manage resources,

g.

additional case-related expenses to be paid by the

defendant, and

h.

any other factors relevant to the ability of the

defendant to pay.

4. In determining the ability of a defendant to pay, the

following shall not be considered as income or assets:

a.

child support income,

b.

any monies received from a federal, state, or tribal

government need-based or disability assistance

program, or

c.

assets exempt from bankruptcy.

5. Defendants in the following circumstances are presumed

unable to pay and eligible for relief under paragraph 2 of this

subsection:

a.

designated as totally disabled by any federal, state,

or tribal disability services program including but

not limited to military disability, Social Security

Disability Insurance, Supplemental Security Income, or

tribal disability benefits,

b.

receives support from the Temporary Assistance for

Needy Families program, Supplemental Nutrition

Assistance Program, the Special Supplemental Nutrition

Program for Women, Infants, and Children nutrition

education and supplemental food program, or any other

federal need-based financial support,

c.

receives subsidized housing support through the

Housing Choice Voucher program, the United States

Department of Housing and Urban Development, or other

state, local, or federal government housing subsidy

program, or

d.

total income is below one hundred fifty percent (150%)

of the federal poverty level.

C. 1. At the time of a plea or sentencing, the court shall

inform the defendant of the total court financial obligations owed,

the consequences of failing to pay the court financial obligations,

and that the defendant may request a cost hearing if at any time he

Oklahoma Statutes - Title 22. Criminal Procedure

or she is unable to pay the court financial obligations, at which

point the court may waive all or part of the debt owed. If the

total amount of court financial obligations owed is not available at

the time of the plea or sentencing, the court shall inform the

defendant that court financial obligations have been incurred and

the time and location where the defendant may learn of the total

amount owed.

2. The court shall order the defendant to appear immediately

after sentencing at the office of the court clerk to provide current

contact information and to either select payment terms or request a

cost hearing. Failure to immediately report to the court clerk

shall result in the full amount of court financial obligations to be

due thirty (30) days from the date of the plea or sentencing in

district courts or thirty (30) days from the date of the plea or

sentencing in municipal courts.

3. Payment of court financial obligations may be made under the

following terms:

a.

payment in full, or

b.

payment in installments.

Upon any change in circumstances affecting the ability of a

defendant to pay, a defendant may request a cost hearing before the

court by contacting the court clerk.

4. The district court for each county and all municipal courts

shall provide a cost hearing for any defendant upon request, either

by establishing a dedicated docket or on an as-requested basis. A

defendant who requests a cost hearing will receive a summons by

personal service or by United States mail to appear in court as

required by subsection G of this section. If a defendant fails to

appear for a requested cost hearing, the court may issue either a

cost cite and release warrant or a cost arrest warrant. No fees

shall be assessed or collected from the defendant as a consequence

of either requesting a cost hearing or the issuing of a cost cite

and release warrant.

D. In determining the ability of the defendant to pay court

financial obligations, the court may rely on testimony, relevant

documents, and any information provided by the defendant using a

cost hearing affidavit promulgated by the Court of Criminal Appeals.

In addition, the court may make inquiry of the defendant and

consider any other evidence or testimony concerning the ability of

the defendant to pay.

E. 1. If at the initial cost hearing or any subsequent cost

hearing, the court determines that the defendant is able to pay some

or all of the court financial obligations, the court may order any

of the following conditions for payment:

a.

payment in full,

b.

payment in installments,

Oklahoma Statutes - Title 22. Criminal Procedure

c.

financial incentive under a set of conditions

determined by the court, or

d.

community service in lieu of payment; provided, the

defendant shall receive credit for no less than two

times the amount of the minimum wage specified

pursuant to state law for each hour of community

service.

2. Any defendant who fails to comply with the terms of the

payment plan ordered by the court shall be considered delinquent and

the court may issue either a cost cite and release warrant or a cost

arrest warrant.

F. If the court determines that a waiver of any of the court

financial obligations is warranted, the court shall apply the same

percentage reduction equally to all fines, costs, fees, and

assessments, excluding restitution.

G. 1. A defendant is considered delinquent in the payment of

court financial obligations under the following circumstances:

a.

when the total amount due has not been paid by the due

date, or

b.

when no installment payments have been received in the

most recent ninety-day period.

2. The court clerk shall periodically review cases for

delinquency at least once every six (6) months and, upon identifying

a delinquent defendant, notify the court which shall, within ten

(10) days thereafter, set a cost hearing for the court to determine

if the defendant is able to pay. The cost hearing shall be set

within forty-five (45) days of the issuance of the summons. The

hearing shall be set on a date that shall allow the court clerk to

issue a summons fourteen (14) days prior to the cost hearing.

Defendants shall incur no additional fees associated with the

issuance of the summons.

3. At least fourteen (14) days prior to the cost hearing, the

court clerk shall issue one summons to the defendant to be served by

United States mail to the mailing address of the defendant on file

in the case, substantially as follows:

SUMMONS

You are ORDERED to appear for a COST HEARING at a specified

time, place, and date to determine if you are financially able to

pay the fines, costs, fees, or assessments or an installment due in

Case No.__________.

YOU MUST BE PRESENT AT THE HEARING.

At any time before the date of the cost hearing, you may contact

the court clerk and pay the amount due or request in writing or in

person prior to the court date, that the hearing be rescheduled for

no later than thirty (30) days after the scheduled time.

THIS IS NOT AN ARREST WARRANT. However, if you fail to appear

for the cost hearing or pay the amount due, the court may issue a

Oklahoma Statutes - Title 22. Criminal Procedure

WARRANT and may refer the case to a court cost compliance liaison

which will cause an additional administrative fee of up to thirtyfive percent (35%) to be added to the amount owed and may include

additional costs imposed by the court.

4. Referrals to the court cost compliance program as provided

in subsection L of this section shall be made as follows:

a.

courts shall refer a case to the court cost compliance

program upon the issuance of a cost arrest warrant,

b.

courts may refer a case to the court cost compliance

program upon the issuance of a cost cite and release

warrant, or

c.

courts may refer a case to the court cost compliance

program without the issuance of a warrant; provided,

the defendant is delinquent and has had sufficient

notice and opportunity to have a cost hearing.

5. A municipal court, in lieu of mailing the summons provided

for in this subsection, may give the summons to the defendant in

person at the time of sentencing or subsequent appearance of a

specific date, time, and place, not fewer than thirty (30) days nor

more than one hundred twenty (120) days from the date of sentencing

to appear for a cost hearing if the court financial obligations

remain unpaid.

H. 1. If a defendant is found by a law enforcement officer to

have an outstanding cost cite and release warrant, the law

enforcement officer shall issue a Warning/Notice to appear within

ten (10) days of release from detention on the warrant to the court

clerk of the court in which the court financial obligations are

owed. If the officer has the necessary equipment, the officer shall

immediately transmit the Warning/Notice electronically to the court

clerk of the court in which the court financial obligations are

owed. The law enforcement officer shall not take the defendant into

custody on the cite and release warrant. If the law enforcement

officer is unable to transmit the Warning/Notice electronically to

the court clerk, the officer shall inform the appropriate department

staff member within the agency of the law enforcement officer of the

Warning/Notice within five (5) days. The department staff member

shall then promptly notify the law enforcement agency in the

jurisdiction that issued the warrant electronically who shall

promptly notify the court clerk. The electronic communication shall

be treated as a duplicate original for all purposes in any

subsequent hearings before the appropriate court.

2. If the defendant reports to the office of the court clerk

within the ten (10) days, the court clerk shall:

a.

inform the court of the Warning/Notice to the

defendant and contact,

b.

schedule a cost hearing pursuant to applicable local

court rule, and

Oklahoma Statutes - Title 22. Criminal Procedure

c.

submit the warrant to the court for recall pending the

cost hearing.

3. If the defendant fails to report to the office of the court

clerk within the ten (10) days, the court may issue a cost arrest

warrant for the arrest of the defendant.

4. Following an arrest on a cost arrest warrant, the defendant

must be released after seventy-two (72) hours in custody. The

defendant may be released prior to seventy-two (72) hours if:

a.

the custodian is presented with proof of payment in

the amount of One Hundred Dollars ($100.00) to each

jurisdiction where the court financial obligations are

owed and the new cost hearing date is provided,

b.

the court releases the defendant on the defendant's

own recognizance and a new cost hearing date is

provided, or

c.

the court conducts a cost or willfulness hearing, as

appropriate, pursuant to the provisions of this

section and determines the defendant should be

released.

5. The provisions for issuing a separate summons described in

subsection G of this section shall not apply to a municipal court if

the municipal court has previously provided actual personal notice

to the defendant of an opportunity for a cost hearing. If such

notice was given and the defendant fails to appear, the municipal

court may issue either a cost cite and release warrant or a cost

arrest warrant.

6. All warrants for failure to appear at a cost hearing or for

failure to pay court financial obligations which have been issued

prior to the effective date of this act and which remain unserved,

shall be treated as cost cite and release warrants. All warrant

fees assessed for warrants for failure to appear at a cost hearing

or for failure to pay court financial obligations issued prior to

the effective date of this act shall remain in effect unless waived

by the court.

I. Supporting documents in a motion or affidavit for relief

from court financial obligation debt or any documents taken into

evidence during a cost hearing or willfulness hearing shall not be

viewable by the public on a court-controlled website.

J. 1. After a cost hearing where a defendant is found able to

pay a court financial obligation, either in whole or in part, and

then becomes delinquent in that payment, a court may conduct a

willfulness hearing at any time beginning immediately after a cost

hearing has been held and a decision rendered on the court financial

obligations. Findings of a defendant's prior ability to pay may be

considered as evidence of ability to pay or willfulness at the

hearing. The requirements of this paragraph shall not be construed

Oklahoma Statutes - Title 22. Criminal Procedure

to prohibit the court from holding subsequent cost hearings on the

same court financial obligations.

2. At a willfulness hearing, the court shall evaluate the

following:

a.

whether a cost hearing has been held previously where

evidence relating to ability to pay was presented and

the court found the defendant was able to pay the

court financial obligations, either in whole or in

part,

b.

whether there is any new evidence of ability to pay

not previously considered or a change in circumstances

since the cost hearing,

c.

whether the defendant was afforded sufficient time and

opportunity to fulfill the obligation to pay the court

financial obligations,

d.

whether the defendant made any efforts to satisfy the

court financial obligations, and

e.

whether there are any other relevant facts or

circumstances.

3. After a finding of willful failure to pay court financial

obligations, the court may impose a jail sentence pursuant to

Section 101 of Title 28 of the Oklahoma Statutes. A jail sentence

may be imposed only under the following circumstances:

a.

the hearing is conducted on the record pursuant to the

rules promulgated by the Court of Criminal Appeals,

and

b.

the defendant is represented by counsel or expressly

waives his or her right to counsel.

4. If a jail sentence is imposed, the court may grant credit

for any time already served. At any time after incarceration, the

jail sentence may be satisfied upon payment in full of the

outstanding balance with credit for any time already served.

K. The district court or municipal court, within one hundred

twenty (120) days from the date upon which the person fails to

comply with the financial obligation as ordered by the court or

fails to appear for the offered cost or willfulness hearing, may, if

the defendant has previously been notified of the possibility of a

suspension, send notice of nonpayment of any court-ordered financial

obligation for a moving traffic violation to Service Oklahoma with a

recommendation of suspension of driving privileges of the defendant

until the total amount of any court financial obligation has been

paid or waived by the court. Upon receipt of payment of the total

amount of the court financial obligations for the moving traffic

violation, the court shall send notice thereof to Service Oklahoma,

if a nonpayment notice was sent as provided for in this subsection.

Notices sent to Service Oklahoma shall be on forms or by a method

approved by Service Oklahoma.

Oklahoma Statutes - Title 22. Criminal Procedure

L. Every county and district court of this state shall fully

utilize and participate in the court cost compliance program. Cases

shall be referred to the court cost compliance program no more than

sixty (60) days after the court has ordered the referral pursuant to

paragraph 4 of subsection G of this section, unless the defendant

pays the amount owed on the court financial obligation or an

installment due. When the court refers a case, the updated contact

information on file shall be forwarded to a court cost compliance

liaison for collection purposes.

M. The Court of Criminal Appeals shall implement procedures and

rules for implementation of the requirements of this section. Such

procedures, rules, and any supplemental forms may be made available

by the Administrative Office of the Courts.

Added by Laws 1971, c. 341, § 5, emerg. eff. June 24, 1971. Amended

by Laws 1990, c. 259, § 3, eff. Sept. 1, 1990; Laws 1991, c. 238, §

34, eff. July 1, 1991; Laws 1999, c. 359, § 6, eff. Nov. 1, 1999;

Laws 2000, c. 159, § 1, emerg. eff. April 28, 2000; Laws 2000, c.

323, § 2, emerg. eff. June 5, 2000; Laws 2018, c. 128, § 2, eff.

Nov. 1, 2018; Laws 2023, c. 247, § 3, eff. Nov. 1, 2023; Laws 2024,

c. 211, § 2, eff. Nov. 1, 2024.

NOTE: HB 3925, Laws 2022, c. 350, § 5, amending this section, was

repealed by HB 2259, Laws 2023, c. 247, § 5 and SB 907, Laws 2023,

c. 369, § 1. Repealer sections were included in both HB 2259 and SB

907 which referred to the applicable sections of Enrolled HB 3925

from the 2nd Regular Session of the 58th Oklahoma Legislature

(2022). The text of the affected statutes as amended by HB 3925 in

2022 was contained in HB 2259 with additional amendatory language,

but was not contained in SB 907.