Oklahoma § 57-612 - Persons convicted of driving under influence of alcohol or

§ 57-612. Persons convicted of driving under influence of alcohol or

other intoxicant or controlled dangerous substance - Processing,

classification and assignment.

A. Any person convicted of violating the provisions of Section

11-902 of Title 47 of the Oklahoma Statutes and sentenced to the

custody of the Department of Corrections shall be processed through

the Lexington Assessment and Reception Center or other location

determined by the Director of the Department of Corrections,

classified and assigned as follows:

1. To the Department of Mental Health and Substance Abuse

Services for substance abuse treatment, if the person is evaluated

to be receptive to treatment and not deemed by the Department of

Corrections to be a security risk. The inmate may be required to

reimburse the Department of Mental Health and Substance Abuse

Services for all or part of the actual cost incurred for treatment

of the inmate while the inmate is assigned to the Department of

Mental Health and Substance Abuse Services. The Department of

Corrections shall determine whether the inmate has the ability to

pay for all or part of the cost of treatment. While assigned to a

Department of Mental Health and Substance Abuse Services treatment

program the inmate shall comply with the rules and regulations as

agreed upon by the Department of Mental Health and Substance Abuse

Services and the Department of Corrections. Any infraction of said

rules may result in the inmate's reassignment to a correctional

facility of the Department of Corrections. Upon successful

completion of the treatment program the inmate shall be properly

reassigned by the Department of Corrections for the completion of

the sentence imposed by the court. Prior to discharge from the

treatment facility, the treatment facility shall forward to the

Department of Corrections a report and discharge summary including

arrangements and recommendations for further disposition and followup treatment;

2. To an inpatient substance abuse treatment program with the

offender paying for the treatment. Upon successful completion of

the inpatient treatment program, the offender may be assigned to a

halfway house, structured community placement, or home placement

with the advice of the treatment provider. The Department of

Corrections shall require as a condition of any assignment that the

offender have electronic monitoring or ignition interlock device

requirements, or both, as a condition of placement. The offender

shall be responsible for all costs and fees associated with

electronic monitoring, ignition interlock device, and supervision;

or

3. To a correctional facility when:

Oklahoma Statutes - Title 57. Prisons and Reformatories

a.

the person is evaluated not to be receptive to

treatment,

b.

the person is evaluated to be a security risk, or

c.

the person requires educational, medical or other

services or programs not available in the community

setting as determined by the Department.

B. As used in this section:

1. "Substance abuse treatment program" means a residential or

outpatient program certified by the Department of Mental Health and

Substance Abuse Services and selected by the Department of

Corrections to provide substance abuse treatment for the inmate;

2. "Electronic monitoring" means monitoring of the inmate

within a specified location or locations in a community setting by

means of an electronic bracelet or other device; and

3. “Ignition interlock device” means a device that, without

tampering or intervention by another person, would prevent the

defendant from operating a motor vehicle if the defendant has a

blood or breath alcohol concentration of five-hundredths (0.05) or

greater.

Added by Laws 1993, c. 276, § 14, emerg. eff. May 27, 1993. Amended

by Laws 1998, c. 89, § 8, eff. July 1, 1998; Laws 1999, c. 170, § 3,

eff. Nov. 1, 1999.