Oklahoma § 22-990.1 - Uniform supervision form - Requisites

§ 22-990.1. Uniform supervision form - Requisites

A. The Administrative Office of the Courts in collaboration

with the Department of Corrections through both the Community

Corrections/Probation and Parole Division and the Community

Sentencing Division shall establish a uniform supervision form to be

distributed to and used by the district courts of this state for

felony offenders sentenced to supervision under a sentence of

probation, a suspended sentence, a split sentence, a delayed

sentence, and a community sentence. The form shall comply with the

provisions of Section 990 of Title 22 of the Oklahoma Statutes and

any other statutory authority for supervision of court orders. The

form shall provide sufficient space for the sentencing judge to

write orders for specific conditions of the sentence as provided in

paragraph B of Section 987.8 of Title 22 of the Oklahoma Statutes

and for orders enumerating amounts, schedules, and designation of

payments for restitution, reimbursements, repayments, costs, fees,

court costs, and statutory fines. The form shall be completed and

implemented by July 1, 1998.

B. The Administrative Office of the Courts shall promulgate

rules necessary to carry out the implementation of the provisions of

this section by the judiciary. The Department of Corrections

through both the Community Corrections/Probation and Parole Division

and the Community Sentencing Division shall promulgate rules

necessary to carry out the implementation of the provisions of this

section by persons under their authority.

Added by Laws 1998, c. 191, § 1.

§22-990a-1. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.

July 1, 1999.

Oklahoma Statutes - Title 22. Criminal Procedure

§22-990a-1.1. Sentencing procedures.

When sentencing an eligible offender on or after March 1, 2000,

to a community punishment, the sentencing court shall impose a

deferred or suspended sentence and then proceed to determine at the

sentencing hearing the terms and conditions of the community

punishment which shall be ordered as conditions of the deferred or

suspended sentence.

Added by Laws 1999, 1st Ex.Sess., c. 4, § 24, eff. July 1, 1999.

§22-991a. See the following versions:

OS 22-991av1 (SB 1068, Laws 2019, c. 453, § 1)

OS 22-991av2 (HB 1460, Laws 2025, c. 305, § 2)

OS 22-991av3 (HB 1462, Laws 2025, c. 306, § 1)

§22-991a-2. Nonviolent felony offenders - County jail imprisonment

- Fines and costs.

A. Any person who has been convicted of a nonviolent felony

offense in this state may be sentenced, at the discretion of the

judge, to incarceration in the county jail for a period of one or

more nights or weekends with the remaining portion of each week

being spent under supervision. County jail imprisonment pursuant to

the provisions of this section for felony offenders shall be:

1. Prescribed by law for the particular felony; or

2. A condition of a suspended sentence.

B. In addition to incarceration, the court may impose any fine,

cost assessment, or other punishment provision allowed by law;

provided, however, the punishment when taken in its entirety with

the jail term shall not impose a greater punishment than allowed by

law for the offense.

C. Any person incarcerated in the county jail pursuant to the

provisions of this section may be assigned work duties as ordered or

approved by the judge. The sentencing court may require a person

incarcerated pursuant to the provisions of this section to pay the

county, for food and maintenance for each day of incarceration, an

amount equal to the maximum amount prescribed by law to be paid by

the county to the sheriff for such expenses. If the judge does not

so order, the Department of Corrections shall reimburse the county

for the cost of feeding and care of the person during such periods

of incarceration.

D. Any person incarcerated pursuant to the provisions of this

section shall not be considered to be in the custody of the

Department of Corrections or an inmate of the Department. The

person shall be deemed to be in the custody of the county.

E. When the court sentences a person to incarceration pursuant

to the provisions of this section in conjunction with a suspended

sentence, the court shall have the authority to revoke any unserved

portion of the suspended sentence as provided by law.

Oklahoma Statutes - Title 22. Criminal Procedure

F. For the purposes of subsection A of this section, weekend

incarceration shall commence at 6 p.m. on Friday and continue until

8 a.m. on the following Monday, and incarceration overnight shall

commence at 6 p.m. on one day and continue until 8 a.m. of the next

day. Provided, that the sentencing judge may modify the

incarceration times if the circumstances of the particular case

require such action. Persons who have been sentenced to

incarceration in the county jail under the provisions of this

section will not have to be processed through the Lexington

Assessment and Reception Center prior to incarceration.

Added by Laws 1983, c. 130, § 1, emerg. eff. May 19, 1983. Amended

by Laws 1997, c. 133, § 66, eff. July 1, 1999; Laws 1999, 1st Ex.

Sess., c. 5, § 17, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.

4, § 26, eff. July 1, 1999; Laws 2008, c. 366, § 4, emerg. eff. June

3, 2008.

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

date of Laws 1997, c. 133, § 66 from July 1, 1998, to July 1, 1999.

§22-991a-3. Restitution of buyer of property unlawfully obtained.

A. Upon a verdict or plea of guilty or upon a plea of nolo

contendere for an offense in which any property is unlawfully

obtained and the property is sold, traded, bartered, pledged or

pawned, the court may order the defendant to provide restitution to

the buyer, recipient or pledgee of the property for the value of any

consideration paid, loaned or given for the property unless the

buyer, recipient or pledgee has violated the provisions of Section

1092, 1093 or 1713 of Title 21 of the Oklahoma Statutes. Such

restitution shall be in addition to any restitution to the victim

and shall be in addition to any other penalties provided by law.

Restitution to the buyer, recipient or pledgee shall be ordered

pursuant to the provisions of subparagraph a of paragraph 1 of

subsection A of Section 991a of Title 22 of the Oklahoma Statutes.

B. The buyer of any property which has been unlawfully obtained

and which is lawfully returned to its rightful owner shall have the

right to bring a civil action against the person who sold, traded,

bartered, pledged or pawned the property for the value of any

consideration paid, loaned or given for the property unless the

buyer has violated the provisions of Section 1092, 1093 or 1713 of

Title 21 of the Oklahoma Statutes.

Added by Laws 1987, c. 152, § 1, eff. Nov. 1, 1987.

§22-991a-4. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.

July 1, 1999.

§22-991a-4.1. Community Service Sentencing Program.

A. There is hereby re-created the “Community Service Sentencing

Program”. This program is a continuation of the program established

Oklahoma Statutes - Title 22. Criminal Procedure

in 1988 by Section 991a-4 of Title 22 of the Oklahoma Statutes. The

purpose of the program shall be to provide an alternative to

incarceration for nonviolent felony offenders who would normally be

sentenced to incarceration in a state institution.

B. Any eligible offender may be sentenced, at the discretion of

the judge, to a Community Service Sentencing Program pursuant to the

provisions of this section. For purposes of this section, “eligible

offender” shall mean any person who:

1. Is not participating in the Delayed Sentencing Program for

Young Adults pursuant to the provisions of Sections 996 through

996.3 of Title 22 of the Oklahoma Statutes;

2. Has not previously been convicted of two or more felonies;

3. Has been convicted of a nonviolent felony offense which

shall be defined as any felony offense except assault and battery

with a dangerous weapon, aggravated assault and battery on a law

officer, poisoning with intent to kill, shooting with intent to

kill, assault with intent to kill, assault with intent to commit a

felony, murder in the first degree, murder in the second degree,

manslaughter in the first degree, manslaughter in the second degree,

kidnapping, burglary in the first degree, kidnapping for extortion,

maiming, robbery, child beating, wiring any equipment, vehicle, or

structure with explosives, forcible sodomy, rape in the first degree

or rape by instrumentation, lewd or indecent proposition or lewd or

indecent act with a child under sixteen (16) years of age, use of a

firearm or offensive weapon to commit or attempt to commit a felony,

pointing firearms, rioting or arson in the first degree;

4. Has properly completed and executed all necessary documents;

and

5. Is not otherwise ineligible by law or court rule.

C. The Department of Corrections shall administer the Program,

except in counties with a population of five hundred fifty thousand

(550,000) or more persons that operate an existing program. The

Department shall conduct a presentence investigation pursuant to the

provisions of Section 982 of Title 22 of the Oklahoma Statutes if

the court determines the offender is to be assigned to the Program.

As part of such presentence investigation, the Department shall

interview the offender and advise the offender of the requirements

and conditions of the Program. The Department shall recommend an

assignment of the offender to any one or combination of the

following areas:

1. Community service, with or without compensation;

2. Education, vocational-technical education or literacy

programs;

3. Substance abuse treatment programs;

4. Periodic testing for the presence of controlled substances;

5. Psychological counseling or psychiatric treatment;

6. Medical treatment;

Oklahoma Statutes - Title 22. Criminal Procedure

7. Restitution, to be paid either to the victim of the offense

or to the Crime Victims Compensation Revolving Fund created pursuant

to the provisions of Section 142.17 of Title 21 of the Oklahoma

Statutes;

8. Confinement in a county jail for a period not to exceed one

(1) year, night or weekend incarceration pursuant to the provisions

of Section 991a-2 of Title 22 of the Oklahoma Statutes or

incarceration by the Department of Corrections; provided, the

Department of Corrections shall reimburse a county which does not

receive payments from any other source for the cost of the necessary

expenses of such persons during periods of such incarceration in an

amount not to exceed Twenty Dollars ($20.00) per day and any county

receiving such payments in an amount not to exceed Ten Dollars

($10.00) per day. The Department shall reimburse the county for the

actual cost paid for any emergency medical care for physical injury

or illness of such persons if the county is required by law to

provide such care for inmates in the jail. The reimbursements

provided by this section shall not exceed the cost that would have

accrued to the state for the feeding, care or medical care of the

persons had they been incarcerated with the Department. Except as

otherwise provided by law, all provisions of the Oklahoma

Corrections Act of 1967, Section 501 et seq. of Title 57 of the

Oklahoma Statutes, shall apply to such persons, including but not

limited to any provisions requiring payment by such persons of the

costs of incarceration; or

9. Probation or conditional probation.

D. In counties with a population of five hundred fifty thousand

(550,000) or more persons that operate an existing program, the

Department of Corrections is hereby authorized to reimburse the

county sheriff, pursuant to paragraph 8 of subsection C of this

section, the cost of necessary expenses for confinement in the

county jail for any eligible offender as defined in subsection B of

this section. Such reimbursement shall be subject to appropriation

by the Legislature. The Department may promulgate rules and

procedures for submitting claims for reimbursements.

E. The judge shall consider the criminal history of the

offender, the nature of the offender's criminal conduct, the

employment and family history of the offender and any other factors

the judge deems relevant when sentencing persons to the Program.

Following the presentence investigations and recommendation, the

judge shall impose sentence. The judge may accept the

recommendation, with or without modifications thereto, or may reject

the recommendation and impose any sentence allowed by law.

F. The provisions of Sections 20, 58.3, 138, 138.1 and 224 of

Title 57 of the Oklahoma Statutes and Section 615 of Title 69 of the

Oklahoma Statutes and any other provisions of law relating to earned

credits for certain acts or service shall not apply to persons

Oklahoma Statutes - Title 22. Criminal Procedure

participating in the Program. The judge may establish a schedule of

earned credits as part of the sentence.

G. The Department shall establish a list of federal, state and

local government agencies, community service agencies, nonprofit

organizations, educational programs and other treatment programs

willing to participate in the program to which offenders may be

referred. The Department shall periodically contact agencies,

organizations and programs to which offenders are assigned to

determine if offenders have reported and performed satisfactorily.

Any such agency or program shall immediately notify the Department

if an offender fails to fulfill any requirement of the Program. The

Department or the sentencing judge may require additional

documentation of the offender's work performance.

H. The Department shall ensure that the sentencing judge and

prosecuting attorney are notified in writing when an offender has

successfully completed the assigned community service hours or other

requirements of the Program or has failed to complete the

requirements and provide any other relevant information required by

the sentencing judge or prosecuting attorney.

I. All state and local government agencies, community service

agencies, nonprofit organizations, educational programs and other

treatment programs participating in the Program are hereby immune

from liability for any offender participating in the Program under

the Workers' Compensation Act, Section 1 et seq. of Title 85 of the

Oklahoma Statutes, and for torts committed by or against any

offender participating in the Program to the extent specified in

Sections 227 and 228 of Title 57 of the Oklahoma Statutes.

J. Any offender participating in the Program shall be advised

of the provisions of this section and shall, in writing, acknowledge

that the offender has been advised of and understands the provisions

of the Program.

Added by Laws 1999, 1st Ex.Sess., c. 5, § 18, eff. July 1, 1999.

§22-991a-4.2. Early evaluation hearing for persons with split or

suspended sentence.

A. 1. Any person who receives a suspended sentence that

exceeds five (5) years pursuant to the provisions of Section 991a of

this title for an offense not listed in Section 13.1 or subsection

C, D, E, F, G, or J of Section 644 of Title 21 of the Oklahoma

Statutes or Section 571 or 582 of Title 57 of the Oklahoma Statutes

shall, upon request, receive an early evaluation hearing after five

(5) years to determine whether the length of the suspended sentence

should be modified.

2. Any person who receives a split sentence pursuant to the

provisions of Section 991a of this title for an offense not listed

in Section 13.1 or subsection C, D, E, F, G, or J of Section 644 of

Title 21 of the Oklahoma Statutes or Section 571 or 582 of Title 57

Oklahoma Statutes - Title 22. Criminal Procedure

of the Oklahoma Statutes and the suspended portion of the sentence

exceeds five (5) years shall, upon request, receive an early

evaluation hearing after five (5) years of serving the suspended

portion of the split sentence to determine whether the length of the

split sentence should be modified.

B. Upon an early evaluation hearing conducted pursuant to

subsection A of this section, the court may modify the length of the

suspended sentence or split sentence when:

1. The person has completed all requirements of his or her

probation, including treatment and rehabilitative programming;

2. The person had no criminal violations during the term of

probation;

3. The person has no pending revocation hearings; and

4. The district attorney does not object on behalf of the state

or the victim or victims of the offense. Any such objection shall

be made in writing, specify on behalf of whom the objection is made,

and include the specific reason or reasons for the objection.

C. A person may request an early evaluation hearing one (1)

year earlier than prescribed in subsection A of this section and the

court may modify the length of the suspended sentence or split

sentence when:

1. The person received a high school or high school equivalency

diploma, any college-level degree, or a vocational, technical, or

career training certification or degree while serving his or her

sentence, or when the person has maintained consistent employment

throughout his or her probation period;

2. The person has completed all requirements of his or her

probation, including treatment and rehabilitative programming;

3. The person had no criminal violations during the term of

probation;

4. The person has no pending revocation hearings; and

5. The district attorney does not object on behalf of the state

or the victim or victims of the offense. Any such objection shall

be made in writing, specify on behalf of whom the objection is made,

and include the specific reason or reasons for the objection.

D. Written notice shall be made to the appropriate district

attorney within fifteen (15) days of the filing of a request

pursuant to subsection A or subsection C of this section. The

district attorney shall have forty-five (45) days from the date the

notice was received to object or otherwise respond. The Court may,

upon request of the district attorney, grant a single fifteen-day

extension to object or otherwise respond.

E. An offender may only request one early evaluation hearing in

a case pursuant to subsection A of this section without prior

approval from the district attorney.

Oklahoma Statutes - Title 22. Criminal Procedure

F. No person shall be prohibited from an early evaluation

hearing as a condition of a plea agreement or imposed sentence if

otherwise qualified pursuant to subsection A of this section.

G. On or before November 30, 2025, and every odd year

thereafter, the District Attorneys Council shall provide a list of

early termination applications made and copies of any objections or

other responses to such applications during the prior fiscal year to

the President Pro Tempore of the Oklahoma State Senate, the Speaker

of the Oklahoma House of Representatives, and the Governor.

Added by Laws 2023, c. 248, § 1, eff. July 1, 2024. Amended by Laws

2025, c. 124, § 1, eff. Nov. 1, 2025.

§22-991a-5. Repealed by Laws 1998, c. 133, § 603, eff. July 1,

1999.

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

date of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.

§22-991a-6. Repealed by Laws 1998, c. 133, § 603, eff. July 1,

1999.

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

date of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.

§22-991a-7. Repealed by Laws 1998, c. 133, § 603, eff. July 1,

1999.

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

date of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.

§22-991a-8. Repealed by Laws 1998, c. 133, § 603, eff. July 1,

1999.

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

date of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.

§22-991a-9. Repealed by Laws 1998, c. 133, § 603, eff. July 1,

1999.

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

date of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.

§22-991a-10. Repealed by Laws 1998, c. 133, § 603, eff. July 1,

1999.

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

date of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.

§22-991a-11. Repealed by Laws 1998, c. 133, § 603, eff. July 1,

1999.

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

date of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.

Oklahoma Statutes - Title 22. Criminal Procedure

§22-991a-12. Repealed by Laws 1998, c. 133, § 603, eff. July 1,

1999.

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

date of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.

§22-991a-13. Short title.

Sections 442 through 449 of this act shall be known and may be

cited as the “Elderly and Incapacitated Victim's Protection

Program”.

Added by Laws 1999, 1st Ex.Sess., c. 5, § 442, eff. July 1, 1999.

§22-991a-14. Purpose.

The purpose and intent of the Elderly and Incapacitated Victim's

Protection Program is to provide enhanced sentencing for persons

committing certain offenses against elderly or incapacitated

persons.

Added by Laws 1999, 1st Ex.Sess., c. 5, § 443, eff. July 1, 1999.

§22-991a-15. Definitions.

As used in the Elderly and Incapacitated Victim's Protection

Act:

1. “Elderly person” means any person sixty-two (62) years of

age or older; and

2. “Incapacitated person” means any person who is disabled by

reason of mental or physical illness or disability to such extent

the person lacks the ability to effectively protect self or

property.

Added by Laws 1999, 1st Ex.Sess., c. 5, § 444, eff. July 1, 1999.

Amended by Laws 2008, c. 314, § 3, eff. July 1, 2008.

§22-991a-16. Offenses to which program applies.

The provisions of the Elderly and Incapacitated Victim's

Protection Act shall apply to any person convicted of one or more of

the following offenses where the victim is an elderly or

incapacitated person as defined in Section 991a-15 of this title:

1. Assault, battery, or assault and battery with a dangerous

weapon;

2. Aggravated assault and battery;

3. Burglary in the second degree;

4. Use of a firearm or offensive weapon to commit or attempt to

commit a felony, or pointing a firearm;

5. Grand larceny;

6. Extortion, or obtaining a signature by extortion;

7. Fraud, or obtaining or attempting to obtain property by

trick or deception;

8. Embezzlement; or

9. Caretaker abuse, neglect or exploitation.

Oklahoma Statutes - Title 22. Criminal Procedure

Added by Laws 1999, 1st Ex.Sess., c. 5, § 445, eff. July 1, 1999.

Amended by Laws 2008, c. 314, § 4, eff. July 1, 2008.

§22-991a-17. Enhancement of sentence.

Whenever a person is convicted of an offense enumerated in

Section 445 of this act in which the victim is elderly or

incapacitated, the court shall upon conviction:

1. Commit the defendant for confinement as provided by law;

provided, the first thirty (30) days of the sentence shall not be

subject to probation, suspension or deferral; provided further, this

mandatory minimum period of confinement shall be served in the

county jail as a condition of a suspended or deferred sentence,

pursuant to Section 991a of Title 22 of the Oklahoma Statutes and

may be served by night or weekend incarceration pursuant to Section

991a-2 of Title 22 of the Oklahoma Statutes; and

2. a.

Require restitution be paid to the victim for out-ofpocket expenses, loss or damage to property and

medical expenses for injury proximately caused by the

conduct of the defendant pursuant to Section 447 of

this act, or

b.

Assign the offender to perform a required term of

community service, according to a schedule consistent

with the employment and family responsibility of the

person convicted, or

c.

Require restitution as provided in subparagraph a of

this paragraph and community service as provided in

subparagraph b of this paragraph; and

3. The court may further impose a fine or any other penalty

otherwise provided by law.

Added by Laws 1999, 1st Ex.Sess., c. 5, § 446, eff. July 1, 1999.

§22-991a-18. Restitution to victim – Modification or revocation of

sentence.

A. The court shall at the time of sentencing:

1. Determine whether the property may be restored in kind to

the owner or the person entitled to possession thereof;

2. Determine whether defendant is possessed of sufficient skill

to repair and restore property damaged;

3. Provide restitution to the victim according to a schedule of

payments established by the sentencing court, together with interest

upon any pecuniary sum at the rate of twelve percent (12%) per

annum, if the defendant agrees to pay such restitution or, in the

opinion of the court, the defendant is able to pay such restitution

without imposing manifest hardship on the defendant or the immediate

family of the defendant; and

Oklahoma Statutes - Title 22. Criminal Procedure

4. Determine the extent of the out-of-pocket expenses, loss or

damage to property and injury to the victim proximately caused by

the conduct of the defendant.

B. The court shall allow credit for property returned in kind,

for property damages ordered to be repaired by the defendant, and

for property ordered to be restored by the defendant and after

granting such credit, the court shall assess the actual out-ofpocket expenses, losses, damages and injuries suffered by the

victim.

C. In no event shall a victim be entitled to recover

restitution in excess of the actual out-of-pocket expenses, losses,

damages and injuries, proximately caused by the conduct of the

defendant and restitution shall not be ordered to be paid on account

of pain or suffering, provided however, that nothing in this section

shall abridge or preclude any victim from the civil right to recover

damages by separate civil cause of action brought against the

defendant.

D. If the defendant fails to pay restitution in the manner or

within the time period specified by the court, the court may enter

an order directing the sheriff to seize any real or personal

property of the defendant to the extent necessary to satisfy the

order of restitution and dispose of such property by public sale.

All property seized for the purposes of satisfying restitution shall

be seized under the procedures established in Section 448 of this

act.

E. A sentence including provisions of restitution may be

modified or revoked by the court if the offender commits another

offense, or the offender fails to make restitution as ordered by the

court, but no sentencing provision to make restitution shall be

modified if the court finds that the offender has had the financial

ability to make restitution, and the offender has willfully refused

to do so. If the court shall find that the defendant has failed to

make restitution and that the failure is not willful, the court may

impose an additional period of time within which to make

restitution. The length of said additional period shall not be more

than two (2) years. The court shall retain all of the incidents of

the original sentence, including the authority to revoke or further

modify the sentence if the conditions of payment are violated during

such additional period.

Added by Laws 1999, 1st Ex.Sess., c. 5, § 447, eff. July 1, 1999.

§22-991a-19. Seizure of property – Forfeiture for sale – Notice and

hearing – Petition for return – Release of property.

A. Any peace officer of this state shall seize any property,

except property exempt under Section 1 of Title 31 of the Oklahoma

Statutes, to be held until a forfeiture for sale has been declared

or release ordered.

Oklahoma Statutes - Title 22. Criminal Procedure

B. Within ten (10) days from the time the property is seized,

notice of seizure and intended forfeiture proceeding shall be filed

in the office of the clerk of the district court for the county in

which the property is seized and shall be given all owners and

parties in interest.

C. Notice shall be given by the party seeking forfeiture and

sale according to the following methods:

1. Upon each owner or party in interest whose right, title or

interest is of record at the Tax Commission, by mailing a copy of

the notice by certified mail to the address shown upon the records

of the Tax Commission;

2. Upon each owner or party in interest whose name and address

is known to the attorney or the party seeking the action to recover

unpaid restitution, by mailing a copy of the notice by registered

mail to the last-known address; and

3. Upon all other owners or interested parties, whose addresses

are unknown, but who are believed to have an interest in the

property, by one publication in a newspaper of general circulation

in the county where the seizure was made.

D. Within sixty (60) days after the mailing and publication of

the notice, the owner of the property and any other party in

interest or claimant may file a verified answer and claim to the

property described in the notice.

E. If at the end of sixty (60) days after the notice has been

mailed or published there is no verified answer on file, the court

shall hear evidence upon the fact of exemption under Section 1 of

Title 31 of the Oklahoma Statutes and shall order the property

forfeited and sold to pay restitution, if such property is not

proved exempt.

F. If a verified answer is filed, the forfeiture for sale

proceeding shall be set for hearing not less than ten (10) days nor

more than sixty (60) days after the filing of the answer.

G. At a hearing on the forfeiture, the evidence of ownership

and exemption under Section 1 of Title 31 of the Oklahoma Statutes

shall be satisfied by a preponderance of the evidence.

H. The claimant of any right, title or interest in the property

may prove a lien, mortgage or conditional sales contract to be a

bona fide ownership interest by a preponderance of the evidence.

I. In the event of such proof, the court shall order the

property released to the bona fide owner, lienholder, mortgagee or

vendor if the amount due such party is equal to, or in excess of,

the value of the property as of the date of the seizure, it being

the intention of this section to forfeit only the right, title or

interest of the offender.

J. If the amount due to such person is less than the value of

the property, or if no bona fide claim is established, the property

Oklahoma Statutes - Title 22. Criminal Procedure

shall be forfeited and sold under judgment of the court, as on sale

upon execution.

K. Property taken or detained under this section shall not be

repleviable, but shall be deemed to be in the custody of the office

of the district attorney of the county in which the property was

seized, subject only to the orders and decrees of the court having

jurisdiction thereof.

L. The proceeds of the sale of any property shall be

distributed as follows, in the order indicated:

1. To the bona fide purchaser, conditional sales vendor or

mortgagee of the property, if any, up to the amount of such party’s

interest in the property, when the court declaring the forfeiture

orders a distribution to such person;

2. To the payment of the actual expenses of storing the

property;

3. To the payment of court costs and costs of the sheriff in

conducting the sale;

4. To the payment of restitution to the victim; and

5. The balance of the proceeds of such sale shall be paid to

the defendant.

M. If the court finds that the party seeking the forfeiture

failed to satisfy the requirements provided for in subsection G of

this section, the court shall order the property released to the

owner or owners.

N. Upon failure to give the notice of seizure and intended

forfeiture as provided in subsections B and C of this section, any

owner or party in interest may petition the court for return of the

property. The court shall schedule a hearing within ten (10) days

of the filing of the petition for return of the property. The

petitioner shall be required to prove ownership interest or other

claim to the property, and the court shall return the property if

the claim is proved by a preponderance of the evidence and the

property is not otherwise required as evidence in a criminal

prosecution. Failure to give the notice of seizure and intended

forfeiture shall not be construed to prohibit, deny, void or dismiss

any criminal prosecution or serve as grounds for any motion to

suppress evidence.

O. In addition to other provisions of this section, seized

property shall be released upon the following conditions:

1. Dismissal of a forfeiture proceeding;

2. Failure to file criminal charges within ninety (90) days

from the date of seizure, provided the property is held as evidence

and not forfeited to the state or returned to an owner or party in

interest as provided in subsection N of this section. Provided,

however, the district attorney may request the court to grant an

extension beyond the ninety-day limitation for filing charges if a

criminal investigation may result in charges being filed after that

Oklahoma Statutes - Title 22. Criminal Procedure

time. If an extension to file criminal charges is granted, the

seized property may be held until the court orders the property

released; or

3. Dismissal or acquittal of criminal charges, provided the

property is held as evidence and not forfeited to the state or

returned to an owner or party in interest as provided in subsection

N of this section.

Added by Laws 1999, 1st Ex.Sess., c. 5, § 448, eff. July 1, 1999.

§22-991a-20. Second and subsequent offenses.

A. Every person who, having been convicted of any offense

against an elderly or incapacitated person, as enumerated in Section

445 of this act, commits any crime against an elderly or

incapacitated person after such conviction is punishable as follows:

1. If the offense of which such person is subsequently

convicted is such that upon a first conviction an offender would be

punishable by imprisonment in the State Penitentiary for any term

exceeding five (5) years, such person is punishable by imprisonment

in the State Penitentiary for a term not less than ten (10) years;

or

2. If such subsequent offense is such that upon a first

conviction the offender would be punishable by imprisonment in the

State Penitentiary for five (5) years or less, then the person

convicted of such subsequent offense is punishable by imprisonment

in the State Penitentiary for a term not exceeding fifteen (15)

years.

B. Every person who, having been twice convicted of felony

offenses against an elderly or incapacitated person, commits a third

felony offense against an elderly or incapacitated person within ten

(10) years of the date following the completion of the execution of

the first sentence, shall be punishable by imprisonment in the State

Penitentiary for a term of not less than twenty (20) years.

C. All felony offenses arising out of the same transaction or

occurrence or series of events closely related in time and location

shall be considered as one offense for the purposes of this section.

D. Nothing in this section shall affect the punishment by death

or life imprisonment without parole in all crimes now or hereafter

made punishable by death or life imprisonment without parole.

Added by Laws 1999, 1st Ex.Sess., c. 5, § 449, eff. July 1, 1999.

§22-991a-21.

Repealed by Laws 2021, c. 447, § 1, eff. Nov. 1, 2021.

§22-991b. Revocation of suspended sentence – Intermediate sanction

process – Technical violations.

A. Whenever a sentence has been suspended by the court after

conviction of a person for any crime, the suspended sentence of the

person may not be revoked, in whole or part, for any cause unless a

Oklahoma Statutes - Title 22. Criminal Procedure

petition setting forth the grounds for such revocation is filed by

the district attorney with the clerk of the sentencing court and

competent evidence justifying the revocation of the suspended

sentence is presented to the court at a hearing to be held for that

purpose within twenty (20) days after the entry of the plea of not

guilty to the petition, unless waived by both the state and the

defendant. The State of Oklahoma may dismiss the petition without

prejudice one time upon good cause shown to the court, provided that

any successor petition must be filed within forty-five (45) days of

the date of the dismissal of the petition.

B. Whenever a sentence has been suspended by the court after

conviction of a person for any crime, the suspended sentence of the

person may not be revoked in whole for a technical violation unless

a petition setting forth the grounds for such revocation is filed by

the district attorney with the clerk of the sentencing court and

competent evidence justifying the revocation of the suspended

sentence is presented to the court at a hearing to be held for that

purpose within twenty (20) days after the entry of the plea of not

guilty to the petition, unless waived by both the state and the

defendant. The State of Oklahoma may dismiss the petition without

prejudice one time upon good cause shown to the court; provided,

that any successor petition must be filed within forty-five (45)

days of the date of the dismissal of the petition. Any revocation

of a suspended sentence based on a technical violation shall not

exceed six (6) months for a first revocation and five (5) years for

a second or subsequent revocation.

C. "Technical violation" as used in this section means a

violation of the court-imposed rules and conditions of probation,

other than:

1. Committing or being arrested for a new crime;

2. Attempting to falsify a drug screen, or three or more failed

drug or alcohol screens within a three-month period;

3. Failing to pay restitution;

4. Tampering with an electronic monitoring device;

5. Failing to initially report or missing assigned reporting

requirements for an excess of sixty (60) days;

6. Unlawfully contacting a victim, codefendant or criminal

associates;

7. Five or more separate and distinct technical violations

within a ninety-day period; or

8. Any violation of the Specialized Sex Offender Rules.

D. 1. The Department of Corrections shall develop a matrix of

technical violations and sanctions to address violations committed

by persons who are being supervised by the Department. The

Department shall be authorized to use a violation response and

intermediate sanction process based on the sanction matrix to apply

to any technical violations of probationers. Within four (4)

Oklahoma Statutes - Title 22. Criminal Procedure

working days of the discovery of the violation, the probation

officer shall initiate the violation response and intermediate

sanction process. The sentencing judge may authorize any

recommended sanctions, which may include, but are not limited to:

short-term jail or lockup, day treatment, program attendance,

community service, outpatient or inpatient treatment, monetary

fines, curfews, ignition interlock devices on vehicles, or a onetime referral to a term of confinement of six (6) months in an

intermediate revocation facility operated by the Department of

Corrections; provided, upon approval of the district attorney, a

person may be sanctioned to serve additional terms of confinement in

an intermediate revocation facility. The probation officer shall

complete a sanction form, which shall specify the technical

violation, sanction, and the action plan to correct the noncompliant

behavior resulting in the technical violation. The probation

officer shall refer to the sanctioning matrix to determine the

supervision, treatment, and sanctions appropriate to address the

noncompliant behavior. The probation officer shall refer the

violation information and recommended response with a sanction plan

to the Department of Corrections to be heard by a hearing officer.

The Department of Corrections shall develop a sanction matrix,

forms, policies and procedures necessary to implement this

provision. The Department of Corrections shall establish procedures

to hear responses to technical violations and review sanction plans

including the following:

a.

hearing officers shall report through a chain of

command separate from that of the supervising

probation officers,

b.

the Department shall provide the offender written

notice of the violation, the evidence relied upon, and

the reason the sanction was imposed,

c.

the hearing shall be held unless the offender waives

the right to the hearing,

d.

hearings shall be electronically recorded, and

e.

the Department shall provide to judges and district

attorneys a record of all violations and actions taken

pursuant to this subsection.

2. The hearing officer shall determine based on a preponderance

of the evidence whether a technical violation occurred. Upon a

finding that a technical violation occurred, the hearing officer may

order the offender to participate in the recommended sanction plan

or may modify the plan. Offenders who accept the sanction plan

shall sign a violation response sanction form, and the hearing

officer shall then impose the sanction. Failure of the offender to

comply with the imposed sanction plan shall constitute a violation

of the rules and conditions of supervision that may result in a

revocation proceeding. If an offender does not voluntarily accept

Oklahoma Statutes - Title 22. Criminal Procedure

the recommended sanction plan, the Department shall either impose

the sanction and allow the offender to appeal to the district court,

or request a revocation proceeding as provided by law. Every

administrative hearing and sanction imposed by the Department shall

be appealable to the district court.

3. Absent a finding of willful nonpayment by the offender, the

failure of an offender to pay fines and costs may not serve as a

basis for revocation, excluding restitution.

E. 1. Where one of the grounds for revocation is the failure

of the defendant to make restitution as ordered, the Department of

Corrections shall forward to the district attorney all information

pertaining to the failure of the defendant to make timely

restitution as ordered by the court, and the district attorney shall

file a petition setting forth the grounds for revocation.

2. The defendant ordered to make restitution can petition the

court at any time for remission or a change in the terms of the

order of restitution if the defendant undergoes a change of

condition which materially affects the ability of the defendant to

comply with the order of the court.

3. At the hearing, if one of the grounds for the petition for

revocation is the failure of the defendant to make timely

restitution as ordered by the court, the court will hear evidence

and if it appears to the satisfaction of the court from such

evidence that the terms of the order of restitution create a

manifest hardship on the defendant or the immediate family of the

defendant, the court may cancel all or any part of the amount still

due, or modify the terms or method of payment; provided, however,

the court shall continue to prioritize an order for payments of

restitution to the victim. Provided, if the court determines that a

reduction in the restitution still due is warranted, the court shall

equally apply the same percentage reduction to any court-ordered

monetary obligation owed by the defendant including, but not limited

to, fines, court costs and costs of incarceration.

F. The court may revoke a portion of the sentence and leave the

remaining part not revoked, but suspended for the remainder of the

term of the sentence, and under the provisions applying to it. The

person whose suspended sentence is being considered for revocation

at the hearing shall have the right to be represented by counsel, to

present competent evidence in his or her own behalf and to be

confronted by the witnesses against the defendant. Any order of the

court revoking the suspended sentence, in whole or in part, shall be

subject to review on appeal, as in other appeals of criminal cases.

Provided, however, that if the crime for which the suspended

sentence is given was a felony, the defendant may be allowed bail

pending appeal. If the reason for revocation be that the defendant

committed a felony, the defendant shall not be allowed bail pending

appeal.

Oklahoma Statutes - Title 22. Criminal Procedure

G. Notwithstanding the provisions of subsections A and B of

this section, when the suspended sentence of a person is being

considered for revocation for an offense where the penalty has

subsequently been lowered to a misdemeanor, the sentence shall be

modified to a term that does not exceed the current maximum

sentence.

Added by Laws 1969, c. 57, § 1. Amended by Laws 1972, c. 132, § 1,

emerg. eff. April 7, 1972; Laws 1976, c. 160, § 2, eff. Oct. 1,

1976; Laws 1978, c. 128, § 1, eff. Oct. 1, 1978; Laws 1994, c. 320,

§ 2, eff. Sept. 1, 1994; Laws 1997, c. 133, § 71, eff. July 1, 1999;

Laws 1999, 1st Ex. Sess., c. 5, § 22, eff. July 1, 1999; Laws 2002,

c. 460, § 19, eff. Nov. 1, 2002; Laws 2005, c. 374, § 1, eff. Nov.

1, 2005; Laws 2012, c. 228, § 5, eff. Nov. 1, 2012; Laws 2016, c.

33, § 1, eff. Nov. 1, 2016; Laws 2018, c. 128, § 11, eff. Nov. 1,

2018; Laws 2019, c. 459, § 3, eff. Nov. 1, 2019; Laws 2025, c. 306,

§ 2, eff. Nov. 1, 2025.

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

date of Laws 1997, c. 133, § 71 from July 1, 1998, to July 1, 1999.

§22-991c. Deferred sentence.

A. Upon a verdict or plea of guilty or upon a plea of nolo

contendere, but before a judgment of guilt, the court may, without

entering a judgment of guilt and with the consent of the defendant,

defer further proceedings upon the specific conditions prescribed by

the court not to exceed a seven-year period, except as authorized

under subsection B of this section. The court shall first consider

restitution among the various conditions it may prescribe. The

court may also consider ordering the defendant to:

1. Pay court costs;

2. Pay an assessment in lieu of any fine authorized by law for

the offense;

3. Pay any other assessment or cost authorized by law;

4. Engage in a term of community service without compensation,

according to a schedule consistent with the employment and family

responsibilities of the defendant;

5. County jail confinement for a period not to exceed ninety

(90) days or the maximum amount of jail time provided for the

offense, if it is less than ninety (90) days;

6. Pay an amount as reimbursement for reasonable attorney fees,

to be paid into the court fund, if a court-appointed attorney has

been provided to the defendant;

7. Be supervised in the community for a period not to exceed

eighteen (18) months, unless a petition alleging violation of any

condition of deferred judgment is filed during the period of

supervision. As a condition of any supervision, the defendant shall

be required to pay a supervision fee of Forty Dollars ($40.00) per

month. The supervision fee shall be waived in whole or part by the

Oklahoma Statutes - Title 22. Criminal Procedure

supervisory agency when the accused is indigent. Any fees collected

by the district attorney pursuant to this paragraph shall be

deposited in the General Revenue Fund of the State Treasury. No

person shall be denied supervision based solely on the inability of

the person to pay a fee;

8. Pay into the court fund a monthly amount not exceeding Forty

Dollars ($40.00) per month during any period during which the

proceedings are deferred when the defendant is not to be supervised

in the community. The total amount to be paid into the court fund

shall be established by the court and shall not exceed the amount of

the maximum fine authorized by law for the offense;

9. Make other reparations to the community or victim as

required and deemed appropriate by the court;

10. Order any conditions which can be imposed for a suspended

sentence pursuant to paragraph 1 of subsection A of Section 991a of

this title; or

11. Any combination of the provisions in paragraphs 1 through

10 of this subsection.

However, unless under the supervision of the district attorney,

the offender shall be required to pay Forty Dollars ($40.00) per

month to the district attorney during the first two (2) years of

probation to compensate the district attorney for the costs incurred

during the prosecution of the offender and for the additional work

of verifying the compliance of the offender with the rules and

conditions of his or her probation. The district attorney may waive

any part of this requirement in the best interests of justice. The

court may waive the costs of prosecution in the same manner as the

court waives financial obligations pursuant to Section 983 of this

title. Any unpaid costs of prosecution shall be waived if the

deferred sentence of an offender expires without being accelerated.

Any fees collected by the district attorney pursuant to this

paragraph shall be deposited in the General Revenue Fund of the

State Treasury.

B. When the court has ordered restitution as a condition of

supervision as provided for in subsection A of this section and that

condition has not been satisfied, the court may, at any time prior

to the termination or expiration of the supervision period, order an

extension of supervision for a period not to exceed three (3) years.

C. In addition to any conditions of supervision provided for in

subsection A of this section, the court shall, in the case of a

person before the court for the offense of operating or being in

control of a motor vehicle while the person was under the influence

of alcohol, other intoxicating substance, or a combination of

alcohol and another intoxicating substance, or who is before the

court for the offense of operating a motor vehicle while the ability

of the person to operate such vehicle was impaired due to the

consumption of alcohol, require the person to participate in an

Oklahoma Statutes - Title 22. Criminal Procedure

alcohol and drug substance abuse evaluation program offered by a

facility or qualified practitioner certified by the Department of

Mental Health and Substance Abuse Services for the purpose of

evaluating the receptivity to treatment and prognosis of the person.

The court shall order the person to reimburse the facility or

qualified practitioner for the evaluation. The Department of Mental

Health and Substance Abuse Services shall establish a fee schedule,

based upon the ability of a person to pay, provided the fee for an

evaluation shall not exceed Seventy-five Dollars ($75.00). The

evaluation shall be conducted at a certified facility, the office of

a qualified practitioner or at another location as ordered by the

court. The facility or qualified practitioner shall, within

seventy-two (72) hours from the time the person is assessed, submit

a written report to the court for the purpose of assisting the court

in its determination of conditions for deferred sentence. No

person, agency or facility operating an alcohol and drug substance

abuse evaluation program certified by the Department of Mental

Health and Substance Abuse Services shall solicit or refer any

person evaluated pursuant to this subsection for any treatment

program or alcohol and drug substance abuse service in which the

person, agency or facility has a vested interest; however, this

provision shall not be construed to prohibit the court from ordering

participation in or any person from voluntarily utilizing a

treatment program or alcohol and drug substance abuse service

offered by such person, agency or facility. Any evaluation report

submitted to the court pursuant to this subsection shall be handled

in a manner which will keep the report confidential from review by

the general public. Nothing contained in this subsection shall be

construed to prohibit the court from ordering judgment and sentence

in the event the defendant fails or refuses to comply with an order

of the court to obtain the evaluation required by this subsection.

As used in this subsection, “qualified practitioner” means a person

with at least a bachelor’s degree in substance abuse treatment,

mental health or a related health care field and at least two (2)

years of experience in providing alcohol abuse treatment, other drug

abuse treatment, or both alcohol and other drug abuse treatment who

is certified each year by the Department of Mental Health and

Substance Abuse Services to provide these assessments. However, any

person who does not meet the requirements for a qualified

practitioner as defined herein, but who has been previously

certified by the Department of Mental Health and Substance Abuse

Services to provide alcohol or drug treatment or assessments, shall

be considered a qualified practitioner provided all education,

experience and certification requirements stated herein are met by

September 1, 1995. The court may also require the person to

participate in one or both of the following:

Oklahoma Statutes - Title 22. Criminal Procedure

1. An alcohol and drug substance abuse course, pursuant to

Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and

2. A victims impact panel program, as defined in subsection H

of Section 991a of this title, if such a program is offered in the

county where the judgment is rendered. The defendant shall be

required to pay a fee of Seventy-five Dollars ($75.00) as set by the

governing authority of the program and approved by the court to the

victims impact panel program to offset the cost of participation by

the defendant, if in the opinion of the court the defendant has the

ability to pay such fee.

D. Upon completion of the conditions of the deferred judgment,

and upon a finding by the court that the conditions have been met

and all fines, fees, and monetary assessments have been paid as

ordered, the defendant shall be discharged without a court judgment

of guilt, and the court shall order the verdict or plea of guilty or

plea of nolo contendere to be expunged from the record and the

charge shall be dismissed with prejudice to any further action. The

procedure to expunge the record of the defendant shall be as

follows:

1. All references to the name of the defendant shall be deleted

from the docket sheet;

2. The public index of the filing of the charge shall be

expunged by deletion, mark-out or obliteration;

3. Upon expungement, the court clerk shall keep a separate

confidential index of case numbers and names of defendants which

have been obliterated pursuant to the provisions of this section;

4. No information concerning the confidential file shall be

revealed or released, except upon written order of a judge of the

district court or upon written request by the named defendant to the

court clerk for the purpose of updating the criminal history record

of the defendant with the Oklahoma State Bureau of Investigation;

and

5. Defendants qualifying under Section 18 of this title may

petition the court to have the filing of the indictment and the

dismissal expunged from the public index and docket sheet. This

section shall not be mutually exclusive of Section 18 of this title.

Records expunged pursuant to this subsection shall be sealed to

the public but not to law enforcement agencies for law enforcement

purposes. Records expunged pursuant to this subsection shall be

admissible in any subsequent criminal prosecution to prove the

existence of a prior conviction or prior deferred judgment without

the necessity of a court order requesting the unsealing of such

records.

E. The provisions of subsection D of this section shall be

retroactive.

F. Whenever a judgment has been deferred by the court according

to the provisions of this section, deferred judgment may not be

Oklahoma Statutes - Title 22. Criminal Procedure

accelerated for any technical violation unless a petition setting

forth the grounds for such acceleration is filed by the district

attorney with the clerk of the sentencing court and competent

evidence justifying the acceleration of the judgment is presented to

the court at a hearing to be held for that purpose. The hearing

shall be held not more than twenty (20) days after the entry of the

plea of not guilty to the petition, unless waived by both the state

and the defendant. Any acceleration of a deferred sentence based on

a technical violation shall not exceed ninety (90) days for a first

acceleration or five (5) years for a second or subsequent

acceleration.

G. Upon any violation of the deferred judgment, other than a

technical violation, the court may enter a judgment of guilt and

proceed as provided in Section 991a of this title or may modify any

condition imposed. Provided, however, if the deferred judgment is

for a felony offense, and the defendant commits another felony

offense, the defendant shall not be allowed bail pending appeal.

H. The deferred judgment procedure described in this section

shall apply only to defendants who have not been previously

convicted of a felony offense and have not received more than one

deferred judgment for a felony offense within the ten (10) years

previous to the commission of the pending offense.

Provided, the court may waive this prohibition upon written

application of the district attorney. Both the application and the

waiver shall be made a part of the record of the case.

I. The deferred judgment procedure described in this section

shall not apply to defendants found guilty or who plead guilty or

nolo contendere to a sex offense required by law to register

pursuant to the Sex Offenders Registration Act.

J. All defendants who are supervised pursuant to this section

shall be subject to the sanction process as established in

subsection D of Section 991b of this title.

K. Notwithstanding the provisions of subsections F and G of

this section, a person who is being considered for an acceleration

of a deferred judgment for an offense where the penalty has

subsequently been lowered to a misdemeanor shall only be subject to

a judgment and sentence that would have been applicable had he or

she committed the offense after July 1, 2017.

Added by Laws 1970, c. 312, § 2. Amended by Laws 1976, c. 160, § 3,

eff. Oct. 1, 1976; Laws 1979, c. 66, § 2, emerg. eff. April 16,

1979; Laws 1981, c. 15, § 1, eff. Oct. 1, 1981; Laws 1982, c. 8, §

2, emerg. eff. March 15, 1982; Laws 1984, c. 10, § 1, eff. Nov. 1,

1984; Laws 1985, c. 112, § 8, eff. Nov. 1, 1985; Laws 1988, c. 109,

§ 27, eff. Nov. 1, 1988; Laws 1990, c. 152, § 2, eff. Sept. 1, 1990;

Laws 1992, c. 151, § 2, eff. Sept. 1, 1992; Laws 1992, c. 357, § 5,

eff. July 1, 1992; Laws 1993, c. 166, § 2, eff. Sept. 1, 1993; Laws

1993, c. 360, § 3, eff. Sept. 1, 1993; Laws 1994, c. 2, § 10, emerg.

Oklahoma Statutes - Title 22. Criminal Procedure

eff. March 2, 1994; Laws 1994, c. 308, § 2, emerg. eff. June 7,

1994; Laws 1995, c. 193, § 3, eff. July 1, 1995; Laws 1995, c. 286,

§ 6, eff. July 1, 1995; Laws 1996, c. 304, § 2, emerg. eff. June 10,

1996; Laws 1997, c. 133, § 70, eff. July 1, 1999; Laws 1999, 1st Ex.

Sess., c. 5, § 21, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.

4, § 27, eff. July 1, 1999; Laws 2000, c. 6, § 5, emerg. eff. March

20, 2000; Laws 2000, c. 349, § 6, eff. Nov. 1, 2000; Laws 2001, c.

437, § 18, eff. July 1, 2001; Laws 2002, c. 460, § 20, eff. Nov. 1,

2002; Laws 2004, c. 275, § 12, eff. July 1, 2004; Laws 2005, c. 1, §

18, emerg. eff. March 15, 2005; Laws 2005, c. 374, § 2, eff. Nov. 1,

2005; Laws 2010, c. 113, § 2; Laws 2013, c. 80, § 2; Laws 2013, c.

175, § 2, eff. Nov. 1, 2013; Laws 2014, c. 219, § 1, eff. Nov. 1,

2014; Laws 2015, c. 209, § 1, eff. Nov. 1, 2015; Laws 2018, c. 128,

§ 12, eff. Nov. 1, 2018; Laws 2019, c. 459, § 4, eff. Nov. 1, 2019;

Laws 2020, c. 46, § 2, eff. Sept. 1, 2020; Laws 2021, c. 101, § 3,

emerg. eff. April 20, 2021; Laws 2025, c. 305, § 3, eff. Nov. 1,

2025.

NOTE: Laws 1993, c. 81, § 4 repealed by Laws 1993, c. 339, § 4,

eff. Sept. 1, 1993 and by Laws 1993, c. 360, § 17, eff. Sept. 1,

1993. Laws 1993, c. 339, § 2 repealed by Laws 1994, c. 2, § 34,

emerg. eff. March 2, 1994. Laws 1995, c. 75, § 1 repealed by Laws

1995, c. 286, § 17, eff. July 1, 1995. Laws 1999, c. 359, § 1

repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000. Laws

2004, c. 145, § 1 repealed by Laws 2005, c. 1, § 19, emerg. eff.

March 15, 2005. Laws 2020, c. 161, § 4 repealed by Laws 2021, c.

101, § 4, emerg. eff. April 20, 2021.

§22-991c-1. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.

July 1, 1999.

§22-991d. Supervision fee.

A. 1. When the court orders supervision by the Department of

Corrections, or the district attorney requires the Department to

supervise any person pursuant to a deferred prosecution agreement,

the person shall be required to pay a supervision fee of Forty

Dollars ($40.00) per month during the supervision period, unless the

fee would impose an unnecessary hardship on the person. In hardship

cases, the Department shall expressly waive all or part of the fee.

The court shall make payment of the fee a condition of the sentence

which shall be imposed whether the supervision is incident to the

suspending of execution of a sentence, incident to the suspending of

imposition of a sentence, or incident to the deferral of proceedings

after a verdict or plea of guilty. The Department shall determine

methods for payment of supervision fee, and may charge a reasonable

user fee for collection of supervision fees electronically. The

Department is required to report to the sentencing court any failure

Oklahoma Statutes - Title 22. Criminal Procedure

of the person to pay supervision fees and to report immediately if

the person violates any condition of the sentence.

2. When the court imposes a suspended or deferred sentence for

any offense and does not order supervision by the Department of

Corrections, the offender shall be required to pay to the district

attorney a supervision fee of Forty Dollars ($40.00) per month as a

fee to compensate the district attorney for the actual act of

supervising the offender during the applicable period of

supervision. In hardship cases, the district attorney shall

expressly waive all or part of the fee. Any fees collected by the

district attorney pursuant to this paragraph shall be deposited in

the General Revenue Fund of the State Treasury.

3. If restitution is ordered by the court in conjunction with

supervision, the supervision fee will be paid in addition to the

restitution ordered. In addition to the restitution payment and

supervision fee, a reasonable user fee may be charged by the

Department of Corrections to cover the expenses of administration of

the restitution, except no user fee shall be collected by the

Department when restitution payment is collected and disbursed to

the victim by the office of the district attorney as provided in

Section 991f of this title or Section 991f-1.1 of this title.

B. The Pardon and Parole Board shall require a supervision fee

to be paid by the parolee as a condition of parole which shall be

paid to the Department of Corrections. The Department shall

determine the amount of the fee as provided for other persons under

supervision by the Department.

C. Upon acceptance of an offender by the Department of

Corrections whose probation or parole supervision was transferred to

Oklahoma through the Interstate Compact Agreement, or upon the

assignment of an inmate to any community placement, a fee shall be

required to be paid by the offender to the Department of Corrections

as provided for other persons under supervision of the Department.

D. Except as provided in subsection A and this subsection, all

fees collected pursuant to this section shall be deposited in the

Department of Corrections Revolving Fund created pursuant to Section

557 of Title 57 of the Oklahoma Statutes. For the fiscal year

ending June 30, 1996, fifty percent (50%) of all collections

received from offenders placed on supervision after July 1, 1995,

shall be transferred to the credit of the General Revenue Fund of

the State Treasury until such time as total transfers equal Three

Million Three Hundred Thousand Dollars ($3,300,000.00).

Added by Laws 1972, c. 121, § 1, emerg. eff. March 31, 1972.

Amended by Laws 1976, c. 160, § 4, eff. Oct. 1, 1976; Laws 1978, c.

273, § 16, emerg. eff. May 10, 1978; Laws 1981, c. 58, § 1,

operative July 1, 1981; Laws 1988, c. 310, § 7, operative July 1,

1988; Laws 1995, c. 286, § 7, eff. July 1, 1995; Laws 1996, c. 304,

§ 3, emerg. eff. June 10, 1996; Laws 2001, c. 437, § 19, eff. July

Oklahoma Statutes - Title 22. Criminal Procedure

1, 2001; Laws 2003, c. 474, § 4, eff. Nov. 1, 2003; Laws 2005, c.

374, § 3, eff. Nov. 1, 2005; Laws 2006, c. 159, § 1, eff. July 1,

2006; Laws 2008, c. 345, § 1, eff. July 1, 2008; Laws 2009, c. 138,

§ 1, eff. July 1, 2009; Laws 2014, c. 414, § 1, eff. Nov. 1, 2014;

Laws 2019, c. 453, § 3, eff. July 1, 2019.

§22-991e.

Repealed by Laws 1995, c. 286, § 16, eff. July 1, 1995.

§22-991f. Definitions.

A. For the purposes of any provision of Title 22 of the

Oklahoma Statutes relating to criminal sentencing and restitution

orders and for the Restitution and Diversion Program:

1. "Restitution" means the sum to be paid by the defendant to

the victim of the criminal act to compensate that victim for up to

three times the amount of the economic loss suffered as a direct

result of the criminal act of the defendant;

2. "Victim" means any person, partnership, corporation or legal

entity that suffers an economic loss as a direct result of the

criminal act of another person;

3. "Economic loss" means actual financial detriment suffered by

the victim consisting of medical expenses actually incurred, damage

to or loss of real and personal property and any other out-of-pocket

expenses, including loss of earnings, reasonably incurred as the

direct result of the criminal act of the defendant. No other

elements of damage shall be included as an economic loss for

purposes of this section.

B. In all criminal prosecutions and juvenile proceedings in

this state, the court shall prioritize an order for payments of

restitution to the victim. When the court enters an order directing

the offender to pay restitution to any victim for economic loss or

to pay to the state any fines, fees or assessments, the order, for

purposes of validity and collection, shall not be limited to the

maximum term of imprisonment for which the offender could have been

sentenced, nor limited to any term of probation, parole, or

extension thereof, nor expire until fully satisfied. The court

order for restitution, fines, fees or assessments shall remain a

continuing obligation of the offender until fully satisfied, and the

obligation shall not be considered a debt, nor shall the obligation

be dischargeable in any bankruptcy proceeding. The court order

shall continue in full force and effect with the supervision of the

state until fully satisfied, and the state shall use all methods of

collection authorized by law. Before acceptance of a payment toward

fines, fees, or assessments, the court clerk shall inquire of the

offender whether restitution is owed on the case. If the court has

ordered restitution, the court clerk shall inform the offender that

payment of such restitution shall be prioritized over payment of

fines, fees, or assessments.

Oklahoma Statutes - Title 22. Criminal Procedure

C. 1. Upon conviction for any crime wherein property has been

stolen, converted or otherwise unlawfully obtained, or its value

substantially decreased as a direct result of the crime, or wherein

the crime victim suffered injury, loss of income, or out-of-pocket

loss, the individuals criminally responsible shall be sentenced to

make restitution. Restitution may be ordered in addition to the

punishments prescribed by law.

2. The court shall order full restitution based upon the

following considerations:

a.

the nature and amount of restitution shall be

sufficient to restore the crime victim to the

equivalent economic status existing prior to the

losses sustained as a direct result of the crime, and

may allow the crime victim to receive payment in

excess of the losses sustained; provided, the excess

amount of restitution shall not be more than treble

the actual economic loss incurred, and

b.

the amount of restitution shall be established

regardless of the financial resources of the offender.

3. The court:

a.

may direct the return of property to be made as soon

as practicable and make an award of restitution in the

amount of the loss of value to the property itself as

a direct result of the crime, including out-of-pocket

expenses and loss of earnings incurred as a result of

damage to or loss of use of the property, the cost to

return the property to the victim or to restore the

property to its pre-crime condition whichever may be

appropriate under the circumstances,

b.

may order restitution in a lump sum or by such

schedules as may be established and thereafter

adjusted by agreement consistent with the order of the

court,

c.

shall have the authority to amend or alter any order

of restitution made pursuant to this section providing

that the court shall state its reasons and conclusions

as a matter of record for any change or amendment to

any previous order,

d.

may order interest upon any ordered restitution sum to

accrue at the rate of twelve percent (12%) per annum

until the restitution is paid in full. The court may

further order such interest to be paid to the victims

of the crime or proportion the interest payment

between the victims and the court fund, and/or the

Restitution and Diversion Program, in the discretion

of the court, and

Oklahoma Statutes - Title 22. Criminal Procedure

e.

shall consider any pre-existing orders imposed on the

defendant, including, but not limited to, orders

imposed under civil and criminal proceedings.

D. If restitution to more than one person, agency or entity is

set at the same time, the court shall establish the following

priorities of payment:

1. The crime victim or victims; and

2. Any other government agency which has provided reimbursement

to the victim as a result of the offender's criminal conduct.

E. 1. The district attorney's office shall present the crime

victim's restitution claim to the court at the time of the

conviction of the offender or the restitution provisions shall be

included in the written plea agreement presented to the court, in

which case, the restitution claim shall be reviewed by the judge

prior to acceptance of the plea agreement.

2. At the initiation of the prosecution of the defendant, the

district attorney's office shall provide all identifiable crime

victims with written and oral information explaining their rights

and responsibilities to receive restitution established under this

section.

3. The district attorney's office shall provide all crime

victims, regardless of whether the crime victim makes a specific

request, with an official request for restitution form to be

completed and signed by the crime victim, and to include all

invoices, bills, receipts, and other evidence of injury, loss of

earnings and out-of-pocket loss. This form shall be filed with any

victim impact statement to be included in the judgment and sentence.

Every crime victim receiving the restitution claim form shall be

provided assistance and direction to properly complete the form.

4. The official restitution request form shall be presented in

all cases regardless of whether the case is brought to trial. In a

plea bargain, the district attorney in every case where the victim

has suffered economic loss, shall, as a part of the plea bargain,

require that the offender pay restitution to the crime victim. The

district attorney shall be authorized to act as a clearing house for

collection and disbursement of restitution payments made pursuant to

this section, and shall assess a fee of One Dollar ($1.00) per

payment received from the defendant, except when the defendant is

sentenced to incarceration in the Department of Corrections.

F. The crime victim shall provide all documentation and

evidence of compensation or reimbursement from insurance companies

or agencies of this state, any other state, or the federal

government received as a direct result of the crime for injury, loss

of earnings or out-of-pocket loss.

G. The court shall, upon motion by the crime victim, redact

from the submitted documentation all personal information relating

to the crime victim that does not directly and necessarily establish

Oklahoma Statutes - Title 22. Criminal Procedure

the authenticity of any document or substantiate the asserted amount

of the restitution claim.

H. The unexcused failure or refusal of the crime victim to

provide all or part of the requisite information prior to the

sentencing, unless disclosure is deferred by the court, shall

constitute a waiver of any grounds to appeal or seek future

amendment or alteration of the restitution order predicated on the

undisclosed available information. The court shall order the

offender to submit either as part of the pre-sentence investigation

or assessment and evaluation required for a community sentence or,

if no pre-sentence investigation is conducted, in advance of the

sentencing proceeding such information as the court may direct and

finds necessary to be disclosed for the purpose of ascertaining the

type and manner of restitution to be ordered.

I. The willful failure or refusal of the offender to provide

all or part of the requisite information prior to the sentencing,

unless disclosure is deferred by the court shall not deprive the

court of the authority to set restitution or set the schedule of

payment. The willful failure or refusal of the offender to provide

all or part of the requisite information prior to the sentencing,

unless disclosure is deferred by the court, shall constitute a

waiver of any grounds to appeal or seek future amendment or

alteration of the restitution order predicated on the undisclosed

information. The willful failure or refusal of the offender to

provide all or part of the requisite information prior to

sentencing, unless disclosure is deferred by the court, shall

constitute an act of contempt.

J. The court shall conduct such hearings or proceedings as it

deems necessary to set restitution and payment schedules at the time

of sentencing or may bifurcate the sentencing and defer the hearing

or proceedings relating to the imposition of restitution as justice

may require. Amendments or alterations to the restitution order may

be made upon the court's own motion, petition by the crime victim or

petition by the offender.

K. An offender who files a meritless or frivolous petition for

amendment or alteration to the restitution order shall pay the costs

of the proceeding on the petition and shall have added to the

existing restitution order the additional loss of earnings and outof-pocket loss incurred by the crime victim in responding to the

petition.

L. The restitution request form shall be promulgated by the

District Attorneys Council and provided to all district attorney

offices.

M. If a defendant who is financially able refuses or neglects

to pay restitution as ordered by this section, payment may be

enforced:

Oklahoma Statutes - Title 22. Criminal Procedure

1. By contempt of court as provided in subsection A of Section

566 of Title 21 of the Oklahoma Statutes with imprisonment or fine

or both;

2. In the same manner as prescribed in subsection N of this

section for a defendant who is without means to make such

restitution payment; or

3. Revocation of the criminal sentence if the sentence imposed

was a suspended or deferred sentence or a community sentence.

N. If the defendant is without means to pay the restitution,

the judge may direct the total amount due, or any portion thereof,

to be entered upon the court minutes and to be certified in the

district court of the county where it shall then be entered upon the

district court judgment docket and shall have the full force and

effect of a district court judgment in a civil case. Thereupon the

same remedies shall be available for the enforcement of the judgment

as are available to enforce other judgments; provided, however, the

judgment herein prescribed shall not be considered a debt nor

dischargeable in any bankruptcy proceeding.

O. Whenever a person has been ordered to pay restitution as

provided in this section or any section of the Oklahoma Statutes for

a criminal penalty, the judge may order the defendant to a term of

community service, with or without compensation, to be credited at a

rate of Five Dollars ($5.00) per day against the total amount due

for restitution. If the defendant fails to perform the required

community service authorized by this subsection or if the conditions

of community service are violated, the judge may impose a term of

imprisonment not to exceed five (5) days in the county jail for each

failure to comply.

P. Nothing in subsections M through O of this section shall be

construed to be additions to the original criminal penalty, but

shall be used by the court as sanctions and means of collection for

criminal restitution orders and restitution orders that have been

reduced to judgment.

Added by Laws 1976, c. 160, § 5, eff. Oct. 1, 1976. Amended by Laws

1997, c. 357, § 6, emerg. eff. June 9, 1997; Laws 1998, c. 410, § 1,

eff. July 1, 1998; Laws 2001, c. 437, § 20, eff. July 1, 2001; Laws

2025, c. 306, § 3, eff. Nov. 1, 2025.

§22-991f-1.0. Restitution and Diversion Program - Short title.

This section and Section 22 of this act shall be known and may

be cited as the “Restitution and Diversion Program”.

Added by Laws 2001, c. 437, § 21, eff. July 1, 2001.

§22-991f-1.1. Restitution and Diversion Program - Evaluation of

criminal complaints for deferred prosecution - Restitution agreement

- Definitions.

Oklahoma Statutes - Title 22. Criminal Procedure

A. Each district attorney shall create within the district

attorney’s office a Restitution and Diversion Program and assign

sufficient staff and resources for the efficient operation of such

program. The purpose of the Restitution and Diversion Program is to

allow the district attorney the discretion to divert criminal

complaints involving property crimes from criminal court and to

monitor restitution payments. At the discretion of the district

attorney, the program may be administered by the Bogus Check

Restitution Program operated by the county.

B. 1. Referral of a criminal complaint to the Restitution and

Diversion Program shall be at the discretion of the district

attorney. This act shall not limit the power of the district

attorney to prosecute criminal complaints.

2. Upon receipt of a criminal complaint involving property, the

district attorney shall determine if the complaint is one which is

appropriate for deferred prosecution.

3. In determining whether to defer prosecution and refer a case

to the Restitution and Diversion Program, the district attorney

shall consider the following factors:

a.

whether the criminal complaint alleges an offense

involving property,

b.

whether the alleged offense was committed in an

aggressive, violent, premeditated or willful manner,

c.

the prospects for adequate protection of the public if

the accused person is processed through deferred

prosecution in the Restitution and Diversion Program,

d.

the number of criminal complaints against the

defendant previously received by the district

attorney,

e.

whether or not there are other criminal complaints

currently pending against the defendant,

f.

the strength of the evidence of the particular

criminal complaint, and

g.

the wishes of the victim.

C. Upon referral of a complaint to the Restitution and

Diversion Program, a notice of the complaint shall be forwarded by

mail to the accused person. The notice shall contain:

1. The date the act which is the subject of the complaint

occurred;

2. The name of the victim;

3. The date before which the accused person must contact the

office of the district attorney concerning the complaint; and

4. A statement of the penalty for the crime which is the

subject of the complaint.

D. The district attorney may enter into a written agreement

with the accused person to defer prosecution on the criminal

complaint for a period to be determined by the district attorney,

Oklahoma Statutes - Title 22. Criminal Procedure

not to exceed three (3) years pending restitution being made to the

victim of the complaint and payment of necessary fees.

E. Each restitution agreement shall include a provision

requiring the accused person to pay to the district attorneys office

a fee equal to the amount which would have been assessed as court

costs upon the filing of the case in district court plus Twenty-five

Dollars ($25.00) for each criminal complaint covered by the

agreement. This fee may be deposited in a special fund with the

county treasurer to be known as the “Restitution and Diversion

Program Fund” or in the Bogus Check Restitution Fund. The monies

deposited in the Restitution and Diversion Program Fund shall be

used by the district attorney to make any lawful expenditure

associated with the district attorney’s office. The district

attorney shall keep records of all monies deposited to and disbursed

from these funds. The records of these funds shall be audited at

the same time the records of county funds are audited.

F. 1. Restitution to be paid by the accused person to the

victim shall include out-of-pocket expenses the victim incurred as a

direct result of the crime having been committed. A restitution

agreement may include provisions for restitution in an amount up to

treble the amount of property involved except such restitution shall

not apply to false or bogus checks. If, instead of paying

restitution directly to the victim, the accused person delivers

restitution funds to the office of the district attorney, the

district attorney shall deposit such funds in a depository account

in the office of the county treasurer to be disbursed to the victim

by a warrant signed by the district attorney or a member of the

district attorney’s staff assigned to the Restitution and Diversion

Program. The district attorney shall keep full records of all

restitution monies received and disbursed. These records shall be

audited at the same time the county funds are audited;

2. If the accused person fails to comply with the provisions of

the Restitution and Diversion Program agreement, the district

attorney may file an information and proceed with the prosecution of

the accused person as provided by law.

G. Members of the district attorney’s staff shall perform

duties in connection with the Restitution and Diversion Program in

addition to any other duties which may be assigned by the district

attorney.

H. 1. District attorneys shall prepare and submit an annual

report to the District Attorneys Council showing total deposits and

total expenditures in the Restitution and Diversion Program.

2. By September 15 of each year, the District Attorneys Council

shall publish an annual report for the previous fiscal year of the

Restitution and Diversion Program. A copy of the report shall be

distributed to the President Pro Tempore of the Senate and the

Speaker of the House of Representatives and the chairs of the House

Oklahoma Statutes - Title 22. Criminal Procedure

and Senate Appropriations Committees. Each district attorney shall

submit information requested by the District Attorneys Council

regarding the Restitution and Diversion Program. This report shall

include the number of cases processed, the total dollar amount for

which restitution was made, the total amount of the restitution

collected, the total amount of fees collected, the total cost of the

program, and such other information as required by the District

Attorneys Council.

I. For the purposes of the Restitution and Diversion Program,

the following definitions shall apply:

1. “Property Crime” shall include, but not be limited to the

following:

a.

embezzlement offenses,

b.

larceny offenses,

c.

theft offenses,

d.

malicious injury to property, and

e.

any offense which results in economic loss, but does

not result in physical injury to another human being,

and which is not enumerated in Section 571 of Title 57

of the Oklahoma Statutes;

2. “Victim” is defined by Section 991f of this title;

3. “Restitution” is defined by Section 991f of this title; and

4. “Economic loss” is defined by Section 991f of this title.

J. The victim shall promptly provide to the Restitution and

Diversion Program all documentation and evidence of compensation or

reimbursement from insurance companies or agencies of this state,

any other state, or the federal government received as a direct

result of the crime for injury, loss of earnings or out-of-pocket

loss.

Added by Laws 2001, c. 437, § 22, eff. July 1, 2001. Amended by

Laws 2009, c. 93, § 2, eff. Nov. 1, 2009.

§22-991g. Local crimestoppers programs - Qualification for

repayment of rewards - Audits - Certification - Use of funds.

A. The Office of the Attorney General, at the request of the

court, shall determine whether a local crimestoppers program is

qualified to receive repayments of rewards pursuant to Section 1 of

this act. The Office of the Attorney General shall approve the

local crimestoppers program to receive those repayments if,

considering the organization, continuity, leadership, community

support, audit pursuant to subsection B of this section and general

conduct of the program, the Office of the Attorney General

determines that the repayments will be spent to further the crime

prevention purposes of the program.

B. Prior to certification by the Office of the Attorney General

for a local crimestoppers program to receive repayments pursuant to

Section 1 of this act, each program is subject to an audit by an

Oklahoma Statutes - Title 22. Criminal Procedure

independent accounting firm which must be submitted to the Office of

the Attorney General for review. In order to maintain

certification, the program shall be so audited each year and the

audit submitted prior to July 1 of each year.

C. The Office of the Attorney General may certify a local

crimestoppers program for purposes of Section 1 of this act even if

a judge has not requested a determination for that program and may

maintain a current list of approved local crimestoppers programs.

D. A local crimestoppers program certified by the Office of the

Attorney General to receive repayments pursuant to Section 1 of this

act shall use that money for the sole purpose of rewards to persons

who report information on criminal activity only if that information

leads to a defendant being indicted for or charged by information

with a felony offense.

Added by Laws 1991, c. 17, § 2, eff. Sept. 1, 1991.

§22-991h. See the following versions:

OS 22-991hv1 (HB 3936, Laws 2024, c. 59, § 35).

OS 22-991hv2 (HB 3450, Laws 2024, c. 151, § 10).