Oklahoma § 57-517 - Probation violators

§ 57-517. Probation violators

A. A Probation and Parole Officer, upon information sufficient

to give the officer reasonable grounds to believe that a probationer

has been charged with or found guilty of committing a felony or

misdemeanor offense, or has escaped from custody as provided in

Section 443 of Title 21 of the Oklahoma Statutes, shall notify the

Department. If it is determined that the facts justify revocation

action, the Department shall issue a warrant for the arrest of the

probationer and the warrant shall have the force and effect of any

warrant of arrest issued by a district court in this state. A

probationer shall, after arrest, be immediately incarcerated in the

nearest county jail or intermediate sanctions facility to await

action by the court as to whether the probation will be revoked.

B. A Probation and Parole Officer, upon information sufficient

to give the officer reasonable grounds to believe that a probationer

has violated the terms or conditions of probation, may notify the

Department. If it is determined that the facts justify disciplinary

sanctions, the Department shall issue a warrant for the arrest of

the probationer and the warrant shall have the force and effect of

any warrant of arrest issued by a district court in this state. The

probationer shall, after arrest, be immediately incarcerated in the

nearest county jail or intermediate sanction facility to await

action by the court as to whether disciplinary sanctions shall be

imposed. Upon approval of the court and the Department of

Corrections, the probationer shall be placed in an intermediate

revocation facility for disciplinary sanction and intensive

programmatic services in lieu of a first revocation. Repeated

Oklahoma Statutes - Title 57. Prisons and Reformatories

violations by the probationer of the terms and conditions of

probation may result in a revocation proceeding.

C. Any probationer for whom a warrant for arrest issues as

provided in subsection A of this section may, at the discretion of

the court, be placed in an intermediate sanctions facility pending

or following any action by the court as to revocation of probation

or required additional conditions to remain on probation. A

probationer may be processed by the Department on an expedited basis

through any facility serving such purpose or may be processed

directly by the intermediate sanctions facility.

D. Nothing in this section shall preclude a district attorney

from initiating an application to revoke a suspended sentence

pursuant to subsection A of this section without a recommendation

from the Department or from initiating an application to revoke a

suspended sentence and referring the person to an intermediate

revocation facility without a recommendation from the Department

pursuant to subsection B of this section, when the district attorney

believes that competent evidence justifies the revocation of the

suspended sentence.

Added by Laws 1967, c. 261, § 17, operative July 1, 1967. Amended

by Laws 1975, c. 366, § 7, eff. Oct. 1, 1975; Laws 1980, c. 210, §

8, eff. Oct. 1, 1980; Laws 2002, c. 211, § 3, eff. July 1, 2002;

Laws 2012, c. 228, § 8, eff. Nov. 1, 2012.