Okla. Stat. tit. 22, § 22-471.1

A. For purposes of the Oklahoma Drug Court Act, "drug court",

"drug court program" or "program" means an immediate and highly

structured judicial intervention process for substance abuse

treatment of eligible offenders which expedites the criminal case

and requires successful completion of the plea agreement.

B. Each district court of this state is authorized to establish

a drug court program pursuant to the provisions of the Oklahoma Drug

Court Act, subject to availability of funds.

C. Eligible offenses may be restricted by the rules of the

specific drug court program. Nothing in the Oklahoma Drug Court Act

shall be construed to require a drug court to consider every

offender with a treatable condition or addiction even if the

controlling offense is eligible for consideration in the program.

Traditional prosecution shall be required where an offender is

determined not appropriate for the drug court program. Juvenile

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drug courts may be established based upon the provisions of the

Oklahoma Drug Court Act; provided, however, a juvenile shall not be

held, processed, or treated in any manner which violates any

provision of Title 10A of the Oklahoma Statutes.

D. Drug court programs shall require a separate judicial

processing system differing in practice and design from the

traditional adversarial criminal prosecution and trial systems.

Whenever possible, a drug court team shall be designated consisting

of a judge to preside over the drug court judicial process and hold

proceedings where participants are advanced through the program, a

district attorney, a defense attorney, a drug court coordinator, and

other persons designated by the drug court team who shall have

appropriate understanding of the goals of the program and of the

appropriate treatment methods for the various conditions. The

assignment of any person to the drug court team shall not preclude

the assigned person from performing other duties required in the

course of their office or employment. The chief judge of the

judicial district, or if the district has more than one chief judge

then the presiding judge of the Administrative Judicial District,

shall designate one or more judges to preside over cases assigned to

the drug court program. The assignment of any judge to a drug court

program or the designation of a drug court docket shall not mandate

the assignment of all substance abuse-related cases to the drug

court docket or the program; however, nothing in the Oklahoma Drug

Court Act shall be construed to preclude the assignment of all

criminal cases relating to substance abuse or drug possession as

provided by the rules established for the specific drug court

program. Judicial immunity shall extend to any duty required by law

to be performed by a judge of a drug court.

E. When a drug court program is established, the arresting

officer shall file the criminal case record for potentially eligible

offenders with the district attorney within four (4) days of the

arrest. The district attorney shall file an information in the case

within twenty-four (24) hours of receipt of the criminal case record

when the offender appears eligible for consideration for the

program. The information may be amended as necessary when an

offender is denied admittance into the drug court program or for

other purposes as provided in Section 304 of this title. Any person

arrested upon a warrant for his or her arrest shall not be eligible

for the drug court program without the approval of the district

attorney. Any criminal case which has been filed and processed in

the traditional manner shall be cross-referenced to a drug court

case file by the court clerk if the case is subsequently assigned to

the drug court program. The originating criminal case file shall

remain open to public inspection. The judge shall determine what
for the drug court program without the approval of the district

attorney. Any criminal case which has been filed and processed in

the traditional manner shall be cross-referenced to a drug court

case file by the court clerk if the case is subsequently assigned to

the drug court program. The originating criminal case file shall

remain open to public inspection. The judge shall determine what

information or pleadings are to be retained in the drug court case

file, which shall be closed to public inspection.

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F. The court may request assistance from the Department of

Mental Health and Substance Abuse Services which shall be the

primary agency to assist in developing and implementing a drug court

program or from any state or local agency in obtaining the necessary

treatment services which will assure maximum opportunity for

successful treatment, education and rehabilitation for offenders

admitted to the program. All participating state and local agencies

are directed to coordinate with each other and cooperate in

assisting the district court in establishing a drug court program.

G. Each drug court program shall apply recognized best

practices including but not limited to:

1. Strong linkage between participating agencies;

2. Access by all participating parties of a case to information

on the progress of the offender;

3. Vigilant supervision and monitoring procedures;

4. Random substance abuse testing;

5. Provisions for noncompliance, modification of the treatment

plan and revocation proceedings;

6. Availability of residential treatment facilities and

outpatient services;

7. Payment of court costs, treatment costs, supervision fees

and program user fees by the offender;

8. Methods for measuring application of disciplinary sanctions

including provisions for:

a. increased supervision,

b. urinalysis testing,

c. intensive treatment,

d. short-term confinement not to exceed five (5) days,

e. recycling the offender into the program after a

disciplinary action for a minimum violation of the

treatment plan,

f. reinstating the offender into the program after a

disciplinary action for a major violation of the

treatment plan, and

g. revocation from the program; and

9. Methods for measuring performance-based effectiveness of

each individual treatment provider's services.

H. All drug court programs shall be required to keep reliable

data on recidivism, relapse, restarts, sanctions imposed and

incentives given.

I. All funds received by a drug court, in its capacity as a

drug court program, shall be credited to and accounted for in the

county treasurer's office in a special cash fund to be known as the

"Drug Court Fund". Each drug court fund shall be a continuing fund,

not subject to fiscal year limitations, and shall be dedicated to

the operation of the drug court as authorized by law. The

expenditures of any funds received by a drug court program and

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deposited with the county treasurer shall be made only upon sworn

itemized claims approved by the county clerk, filed with the county

treasurer and paid by cash voucher drawn by the county treasurer

from the funds.

J. Nothing in this section shall prohibit any county from

establishing a drug court for misdemeanor offenses. Such

misdemeanor drug courts shall follow the rules and regulations of

felony drug courts except that the penalty for revocation shall not

exceed one (1) year in the county jail or the maximum penalty for

the misdemeanor allowed by statute, whichever is less. The

Department of Mental Health and Substance Abuse Services shall

provide technical assistance to the counties that establish

misdemeanor drug courts.