Okla. Stat. tit. 22, § 22-471.2

A. The opportunity for review of an offender for a drug court

program shall occur at any time prior to disposition of the case and

sentencing of the offender including sentencing on a petition to

revoke a suspended sentence or any probation violation.

B. When a drug court is established, the following information

shall be initially reviewed by the sheriff or designee, if the

offender is held in a county jail, or by the chief of police or

designee, if the offender is held in a city jail:

1. The offender has no prior felony conviction in this state or

another state for a domestic violence offense within the last ten

(10) years, except as may be allowed in a domestic violence

treatment program authorized by the drug court program. It shall be

sufficient for this paragraph that a criminal history records name

search was conducted and indicated no apparent domestic violence

offense. An offender admitted to the drug court program for a crime

which requires the offender to attend a batterers' intervention

program certified by the Attorney General's office shall be required

to undergo such treatment as a condition of drug court;

2. The offender's charge does not involve a violation of the

Trafficking In Illegal Drugs Act;

3. The offender has committed a felony offense or a misdemeanor

offense where a misdemeanor drug court is authorized; and

4. The offender:

a. admits to having a substance abuse addiction,

b. appears to have a substance abuse addiction,

c. is known to have a substance abuse addiction,

d. the arrest or charge is based upon an offense eligible

for the drug court program, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 186

e. is a person who has had an assessment authorized by

Section 3-704 of Title 43A of the Oklahoma Statutes or

drug court investigation and the assessment or

investigation recommends the drug court program.

C. If it appears to the reviewing officer that the offender may

be potentially eligible for the drug court program based upon a

review of the information in subsection B of this section, the

offender shall be given an eligibility form which may be voluntarily

completed by the offender, and the reviewing officer shall file the

criminal case record within the time prescribed in subsection E of

Section 471.1 of this title. The offender may request consideration

for the drug court program as provided in subsection D of this

section. The eligibility form shall describe the drug court program

for which the offender may be eligible including, but not limited

to:

1. A full description of the drug court process and

investigation;

2. A general explanation of the roles and authority of the

supervising staff, the district attorney, the defense attorney, the

treatment provider, the offender, and the judge presiding over the

cases in the drug court program;

3. A clear statement that the drug court judge may decide after

a hearing not to consider the offender for the drug court program

and in that event the offender will be prosecuted in the traditional

manner;

4. A clear statement that the offender is required, before

consideration in the program, to enter a guilty plea as part of a

written plea agreement;

5. A clear statement that the plea agreement will specify the

offense to which the guilty plea will be entered and will state any

penalty to be imposed for the offense, both in the event of a

successful completion of the drug court program, and in the event of

a failure to complete the program;

6. A clear statement that the offender must voluntarily agree

to:

a. waive the right to a speedy trial,

b. waive the right to a preliminary hearing,

c. the terms and conditions of a treatment plan, and

d. sign a performance contract with the drug court;

7. A clear statement that the offender, if accepted into the

drug court program, may not be incarcerated for the offense in a
the program;

6. A clear statement that the offender must voluntarily agree

to:

a. waive the right to a speedy trial,

b. waive the right to a preliminary hearing,

c. the terms and conditions of a treatment plan, and

d. sign a performance contract with the drug court;

7. A clear statement that the offender, if accepted into the

drug court program, may not be incarcerated for the offense in a

state correctional institution or jail upon successful completion of

the program;

8. A clear statement that during participation in the drug

court program should the offender fail to comply with the terms of

the agreement, the offender may be sanctioned to serve a term of

confinement of six (6) months in an intermediate revocation facility

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operated by the Department of Corrections. An offender shall not be

allowed to serve more than two separate terms of confinement in an

intermediate revocation facility;

9. A clear statement that during participation in the drug

court program should the offender:

a. fail to comply with the terms of the agreements,

b. be convicted of a misdemeanor offense which reflects a

propensity for violence,

c. be arrested for a violent felony offense, or

d. be convicted of any felony offense,

the offender may be required, after a court hearing, to be

revoked from the program and sentenced without trial

pursuant to the punishment provisions of the negotiated

plea agreement; and

10. An explanation of the criminal record retention and

disposition resulting from participation in the drug court program

following successful completion of the program.

D. 1. The offender may request consideration for the drug

court program as follows:

a. if the offender is incarcerated, the offender must

sign and complete the eligibility form and return it

to the sheriff, if the offender is held in the county

jail; or to the chief of police, if the offender is

held in a city jail. The sheriff or chief of police,

upon receipt of the completed eligibility form, shall

file the form with the drug court coordinator who

shall forward the form to the district attorney and

the judge assigned to the offender's case, or

b. after release of the offender from incarceration, the

offender must sign and complete the eligibility form

and file it with the drug court coordinator or the

court, prior to or at the time of either initial

appearance or arraignment. The drug court coordinator

shall forward the form to the district attorney and

the judge assigned to the offender's case.

2. Any offender desiring legal consultation prior to signing or

completing the form for consideration in a drug court program shall

be referred to the defense attorney of the drug court team, or a

public defender, if the offender is indigent, or allowed to consult

with private legal counsel.

3. Nothing contained in the provisions of this subsection shall

prohibit the drug court from considering any offender deemed

eligible for the program at any time prior to sentencing whose case

has been prosecuted in the traditional manner, or upon a violation

of parole or probation conditions relating to substance abuse, upon

recommendation of the district attorney as provided in Section 471.8

of this title.

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E. When an offender has filed a request to be considered for a

drug court program, an initial hearing shall be set before the drug

court judge. The hearing shall be not less than three (3) work days

nor more than five (5) work days after the date of the filing of the

request form. Notice of the hearing shall be given to the drug

court team, or in the event no drug court team is designated, to the

offender, the district attorney, and to the public defender. The

offender shall be required to notify any private legal counsel of

the date and time of the hearing.