Oklahoma § 22-988.18 - Assessment and evaluation of defendants

§ 22-988.18. Assessment and evaluation of defendants

A. On and after March 1, 2000, for each offender considered for

any community punishment pursuant to the Oklahoma Community

Sentencing Act, the judge shall, prior to sentencing, order an

assessment and evaluation of the defendant as required by law. The

judge may determine that no additional assessment is required if one

was completed within the last six (6) months.

B. The risk and needs assessment and evaluation instrument

designed to predict risk to recidivate approved by the Department of

Corrections, shall be required to determine eligibility for any

offender sentenced pursuant to the Oklahoma Community Sentencing

Act. The completed assessment accompanied by a written supervision

plan shall be presented to and reviewed by the court prior to

determining any punishment for the offense. The purpose of the

assessment shall be to identify the extent of the deficiencies and

pro-social needs of the defendant, the potential risk to commit

additional offenses that threaten public safety, and the

appropriateness of various community punishments.

C. Upon order of the court, the defendant shall be required to

submit to the risk and needs assessment which shall be administered

and scored by an appropriately trained person pursuant to a service

agreement with the local community sentencing system. Any defendant

lacking sufficient skills to comprehend or otherwise participate in

the assessment and evaluation shall have appropriate assistance. If

it is determined that the offender cannot be adequately evaluated

using the risk and needs assessment, the offender shall be deemed

ineligible for any community services pursuant to the Oklahoma

Oklahoma Statutes - Title 22. Criminal Procedure

Community Sentencing Act, and shall be sentenced as prescribed by

law for the offense.

D. The willful failure or refusal of the defendant to be

assessed and evaluated by using the risk and needs assessment shall

preclude the defendant from eligibility for any community

punishment.

E. The completed risk and needs assessment, shall include a

written supervision plan and identify an appropriate community

punishment, if any, when the offender is considered eligible for

community punishments based upon the completed risk/need score from

the risk and needs assessment of the offender. Unless otherwise

prohibited by law, only eligible offenders, as defined in Section

988.2 of this title, shall be eligible for any state-funded

community punishments.

F. The court is not required to sentence any offender to a

community punishment regardless of an eligible score on the risk and

needs assessment. Any offender scoring in the low risk/need levels

on the risk and needs assessment may be sentenced to a suspended

sentence with minimal, if any, conditions of the sentence to be paid

by the offender. If the risk and needs assessment has been

conducted, the evaluation report shall accompany the judgment and

sentence, provided the risk and needs assessment indicates the

offender is in need of this level of supervision and treatment.

Added by Laws 1999, 1st Ex. Sess., c. 4, § 18, eff. July 1, 1999.

Amended by Laws 2002, c. 165, § 6, eff. July 1, 2002; Laws 2011, c.

218, § 3, eff. Nov. 1, 2011; Laws 2018, c. 128, § 6, eff. Nov. 1,

2018; Laws 2019, c. 25, § 18, emerg. eff. April 4, 2019; Laws 2023,

c. 79, § 5, eff. Nov. 1, 2023.

NOTE: Laws 2018, c. 85, § 1 repealed by Laws 2019, c. 25, § 19,

emerg. eff. April 4, 2019.