Okla. Stat. tit. 22, § 22-982

A. Whenever a person is convicted of a violent felony offense

whether the conviction is for a single offense or part of any

combination of offenses, except when the death sentence is available

as punishment for the offense, the court may, before imposing the

sentence, require a presentence investigation be made of the

offender by the Department of Corrections. The court shall order

the defendant to pay a fee to the Department of Corrections of not

less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00) for the presentence investigation. In hardship cases, the

court may reduce the amount of the fee and establish a payment

schedule.

B. Whenever a person has a prior felony conviction and enters a

plea of guilty or nolo contendere to a felony offense other than a

violent felony offense, without an agreement by the district

attorney regarding the sentence to be imposed, the court may order a

Oklahoma Statutes - Title 22. Criminal Procedure Page 270

presentence investigation be made by the Department of Corrections.

The fee provided in subsection A of this section shall apply to

persons subject to this subsection.

C. Whenever a person has entered a plea of not guilty to a

nonviolent felony offense and is found guilty by a court following a

non-jury trial, the court may require a presentence investigation be

made by the Department of Corrections. The fee provided in

subsection A of this section shall apply to persons subject to this

subsection.

D. When conducting a presentence investigation, the Department

shall inquire into the circumstances of the offense and the

characteristics of the offender. The information obtained from the

investigation shall include, but not be limited to, a voluntary

statement from each victim of the offense concerning the nature of

the offense and the impact of the offense on the victim and the

immediate family of the victim, the amount of the loss suffered or

incurred by the victim as a result of the criminal conduct of the

offender, and the age, marital status, living arrangements,

financial obligations, income, family history and education, prior

juvenile and criminal records, associations with other persons

convicted of a felony offense, social history, indications of a

predisposition to violence or substance abuse, remorse or guilt

about the offense or the harm to the victim, job skills and

employment history of the offender. The Department shall make a

report of information from such investigation to the court,

including a recommendation detailing the punishment which is deemed

appropriate for both the offense and the offender, and specifically

a recommendation for or against probation or suspended sentence.

The report of the investigation shall be presented to the judge

within a reasonable time, and upon failure to present the report,

the judge may proceed with sentencing. Whenever, in the opinion of

the court or the Department, it is desirable, the investigation

shall include a physical and mental examination or either a physical

or mental examination of the offender.

E. The district attorney may have a presentence investigation

made by the Department on each person charged with a violent felony

offense and entering a plea of guilty or a plea of nolo contendere

as part of or in exchange for a plea agreement for a violent felony

offense. The presentence investigation shall be completed before

the terms of the plea agreement are finalized. The court shall not

approve the terms of any plea agreement without reviewing the

presentence investigation report to determine whether or not the

terms of the sentence are appropriate for both the offender and the

offense. The fee provided in subsection A of this section shall

apply to persons subject to this subsection and shall be a condition

of the plea agreement and sentence.

Oklahoma Statutes - Title 22. Criminal Procedure Page 271
ea agreement without reviewing the

presentence investigation report to determine whether or not the

terms of the sentence are appropriate for both the offender and the

offense. The fee provided in subsection A of this section shall

apply to persons subject to this subsection and shall be a condition

of the plea agreement and sentence.

Oklahoma Statutes - Title 22. Criminal Procedure Page 271

F. The presentence investigation reports specified in this

section shall not be referred to, or be considered, in any appeal

proceedings. Before imposing a sentence, the court shall advise the

defendant, counsel for the defendant, and the district attorney of

the factual contents and conclusions of the presentence

investigation report. The court shall afford the offender a fair

opportunity to controvert the findings and conclusions of the

reports at the time of sentencing. If either the defendant or the

district attorney desires, a hearing shall be set by the court to

allow both parties an opportunity to offer evidence proving or

disproving any finding contained in a report, which shall be a

hearing in mitigation or aggravation of punishment.

G. The required presentence investigation and report may be

waived upon written waiver by the district attorney and the

defendant and upon approval by the Court.

H. As used in this section, "violent felony offense" means:

1. Arson in the first degree;

2. Assault with a dangerous weapon, battery with a dangerous

weapon or assault and battery with a dangerous weapon;

3. Aggravated assault and battery on a police officer, sheriff,

highway patrol officer, or any other officer of the law;

4. Assault with intent to kill, or shooting with intent to

kill;

5. Assault with intent to commit a felony, or use of a firearm

to commit a felony;

6. Assault while masked or disguised;

7. Burglary in the first degree or burglary with explosives;

8. Child beating or maiming;

9. Forcible sodomy;

10. Kidnapping, or kidnapping for extortion;

11. Lewd or indecent proposition or lewd or indecent acts with

a child;

12. Manslaughter in the first or second degrees;

13. Murder in the first or second degrees;

14. Rape in the first or second degrees, or rape by

instrumentation;

15. Robbery in the first or second degrees, or robbery by two

or more persons, or robbery with a dangerous weapon; or

16. Any attempt, solicitation or conspiracy to commit any of

the above enumerated offenses.