Okla. Stat. tit. 22, § 22-305.2

A. If an accused qualifies for the deferred prosecution

program, the accused and the State of Oklahoma, through the district

attorney, may execute an agreement whereby the accused agrees to

waive any rights to a speedy accusation, a speedy trial, and any

statute of limitations, and agrees to fulfill such conditions to

which the accused and the State of Oklahoma may agree including, but

not limited to, restitution and community services.

B. The accused, as consideration for entering into a deferred

prosecution agreement, consents and agrees to a full and complete

photographic record of property which was to be used as evidence.

The photographic record shall be competent evidence of the property

and admissible in any criminal action or proceeding as the best

evidence.

C. Property shall be returned to its owner only after the

photographic record is made subject to the following conditions:

1. Property, except that which is prohibited by law, shall be

returned to its owner after proper verification of title;

2. The return of property to the owner shall be without

prejudice to the state or to any person who may have a claim against

the property; and

3. When property is returned, the recipient shall sign, under

penalty of perjury, a declaration of ownership which shall be

retained by the police department or sheriff's office.

D. As additional consideration for the agreement, the State of

Oklahoma shall agree not to file an information if the accused

satisfactorily completes the conditions of the agreement.

E. The agreement between the accused and the State of Oklahoma

may include provisions whereby the accused agrees to be supervised

in the community. If the accused is required to be supervised

pursuant to the terms of the agreement, the person shall be required

to pay a supervision fee to be established by the supervisory

agency. The supervision fee shall be paid to the supervisory agency

as required by the rules of the supervisory agency. The supervisory

agency shall monitor the person for compliance with the conditions

of the agreement. The supervisory agency shall report to the

district attorney on the progress of the accused, and shall report

immediately if the accused fails to report or participate as

required by the agreement.

F. The agreement between the parties may require the accused to

participate or consult with local service providers, including the

Department of Human Services, the Department of Mental Health and

Substance Abuse Services, the Employment Security Commission,

Oklahoma Statutes - Title 22. Criminal Procedure Page 152

federal services agencies, other state or local agencies, colleges,

universities, technology center schools, and private or charitable

service organizations. When the accused is required to participate

or consult with any service provider, a program fee may be required

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

The program fee shall be established by the service provider based

upon a sliding scale. Any state agency called upon for assistance

in a deferred prosecution program by any district attorney shall

render services and assistance as available. Any supervision fee or

program fee authorized by this section may be waived in whole or in

part when the accused is indigent. No person who is otherwise

qualified for a deferred prosecution program shall be denied

services or supervision based solely on the person's inability to

pay a fee or fees.

G. The agreement between the parties may require the accused to

pay a victim compensation assessment pursuant to the provisions of

Section 142.18 of Title 21 of the Oklahoma Statutes. The amount of

the assessment shall be agreed to by the parties and shall be within

the amounts specified in Section 142.18 of Title 21 of the Oklahoma

Statutes for the offense charged.

H. Any deferred prosecution agreement including, but not
rties may require the accused to

pay a victim compensation assessment pursuant to the provisions of

Section 142.18 of Title 21 of the Oklahoma Statutes. The amount of

the assessment shall be agreed to by the parties and shall be within

the amounts specified in Section 142.18 of Title 21 of the Oklahoma

Statutes for the offense charged.

H. Any deferred prosecution agreement including, but not

limited to, any fee, sliding scale fee, compensation, contract,

assessment, or other financial agreement charged or waived by the

accused or the State of Oklahoma shall be a record open to the

public.

I. 1. On or after the effective date of this act, each office

of the district attorney shall, upon request and within a reasonable

time, provide the name and other identifying information of an

accused entering into a deferred prosecution agreement.

2. A deferred prosecution agreement entered into prior to the

effective date of this act shall not be a record open to the public,

unless confidentiality was waived as a condition of the agreement.

J. District attorneys shall be authorized to create restorative

justice programs for nonviolent offenders who qualify for a deferred

prosecution agreement pursuant to the provisions contained in

Sections 305.1 through 305.6 of this title and Section 2 of this

act.