Oklahoma § 22-985.1 - Departure from mandatory minimum sentencing –

§ 22-985.1. Departure from mandatory minimum sentencing –

Requirements - Exceptions.

A. When sentencing a person convicted of a criminal offense for

which there is a mandatory minimum sentence of imprisonment, the

court may depart from the applicable sentence if the court finds

substantial and compelling reasons on the record, after giving due

regard to the nature of the crime, history, and character of the

defendant and his or her chances of successful rehabilitation, that:

1. The mandatory minimum sentence of imprisonment is not

necessary for the protection of the public; or

2. Imposition of the mandatory minimum sentence of imprisonment

would result in substantial injustice to the defendant; or

3. The mandatory minimum sentence of imprisonment is not

necessary for the protection of the public and the defendant, based

on a risk and needs assessment, is eligible for an alternative

court, a diversion program or community sentencing, without regard

to exclusions because of previous convictions, and has been accepted

to the same, pending sentencing.

B. The court shall not have the discretion to depart from the

applicable mandatory minimum sentence of imprisonment on convictions

for criminal offenses under the following circumstances:

1. The offense for which the defendant was convicted is among

those crimes listed in Section 571 of Title 57 of the Oklahoma

Statutes as excepted from the definition of "nonviolent offense";

2. The offense for which the defendant was convicted was a sex

offense and will require the defendant to register as a sex offender

pursuant to the provisions of the Sex Offenders Registration Act;

3. The offense for which the defendant was convicted involved

the use of a firearm;

4. The offense for which the defendant was convicted is a crime

listed in Section 13.1 of Title 21 of the Oklahoma Statutes

requiring the defendant to serve not less than eighty-five percent

(85%) of any sentence of imprisonment imposed by the judicial system

prior to becoming eligible for consideration for parole;

5. The offense for which the defendant was convicted is a

violation of the Trafficking in Illegal Drugs Act as provided in

Sections 2-414 through 2-420 of Title 63 of the Oklahoma Statutes;

6. The defendant was the leader, manager or supervisor of

others in a continuing criminal enterprise; or

7. The offense for which the defendant was convicted is a

violation of the Oklahoma Antiterrorism Act as provided in Sections

1268 through 1268.8 of Title 21 of the Oklahoma Statutes.

C. Any departure from the mandatory minimum sentence as

authorized in this section shall not reduce the sentence to less

than twenty-five percent (25%) of the mandatory term.

Added by Laws 2015, c. 243, § 2, eff. Nov. 1, 2015. Amended by Laws

2018, c. 128, § 3, eff. Nov. 1, 2018.

Oklahoma Statutes - Title 22. Criminal Procedure