Okla. Stat. tit. 22, § 22-1090.4
This is the official text of Okla. Stat. tit. 22, § 22-1090.4, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Defendant serving sentence — Court imposed lessening of
Official statutory text
sentence.
Where a court has imposed a criminal judgment and sentence upon
a defendant other than for an offense described in subsection E of
Section 3 of this act and the defendant is serving the sentence in
the custody of the Department of Corrections, the court shall impose
a new, lesser sentence following a hearing if the court determines:
1. At the time of the offense for which the sentence is being
served, the defendant was a victim of domestic violence or subjected
to physical, sexual, or psychological abuse inflicted by a sexual
partner, a family member or member of the household, the trafficker
of the defendant, or any person who used the defendant for financial
gain; and
2. Such violence or abuse was related to and was a substantial
contributing factor in causing the defendant to commit the offense
for which he or she is presently in custody or to the defendant’s
criminal behavior.
At the hearing to determine whether the defendant should be
resentenced pursuant to this section, the court shall take testimony
from witnesses offered by either party and consider oral and written
arguments and any other relevant evidence to assist in making its
determination. The court may determine that such violence or abuse
was related to and was a substantial contributing factor to the
offense regardless of whether the defendant raised an affirmative
defense.
Where a court has imposed a criminal judgment and sentence upon
a defendant other than for an offense described in subsection E of
Section 3 of this act and the defendant is serving the sentence in
the custody of the Department of Corrections, the court shall impose
a new, lesser sentence following a hearing if the court determines:
1. At the time of the offense for which the sentence is being
served, the defendant was a victim of domestic violence or subjected
to physical, sexual, or psychological abuse inflicted by a sexual
partner, a family member or member of the household, the trafficker
of the defendant, or any person who used the defendant for financial
gain; and
2. Such violence or abuse was related to and was a substantial
contributing factor in causing the defendant to commit the offense
for which he or she is presently in custody or to the defendant’s
criminal behavior.
At the hearing to determine whether the defendant should be
resentenced pursuant to this section, the court shall take testimony
from witnesses offered by either party and consider oral and written
arguments and any other relevant evidence to assist in making its
determination. The court may determine that such violence or abuse
was related to and was a substantial contributing factor to the
offense regardless of whether the defendant raised an affirmative
defense.
Status: in_force · Read it on the official government site
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