Okla. Stat. tit. 22, § 22-982a

A. 1. Any time within sixty (60) months after the initial

sentence is imposed or within sixty (60) months after probation has

been revoked, the court imposing sentence or revocation of probation

may modify such sentence or revocation by directing that another

sentence be imposed, if the court is satisfied that the best

interests of the public will not be jeopardized; provided, however,

the court shall not impose a deferred sentence. Any application for

sentence modification that is filed and ruled upon beyond twelve

(12) months of the initial sentence being imposed must be approved

by the district attorney who shall provide written notice to any

victims in the case which is being considered for modification.

2. The court imposing sentence may modify the sentence of any

offender who was originally sentenced for a drug charge and ordered

to complete the Drug Offender Work Camp at the Bill Johnson

Correctional Facility and direct that another sentence be imposed,

if the court is satisfied that the best interests of the public will

not be jeopardized; provided, however, the court shall not impose a

deferred sentence. An application for sentence modification

pursuant to this paragraph may be filed and ruled upon beyond the

initial sixty-month time period provided for in paragraph 1 of this

subsection.

3. This section shall not apply to convicted felons who have

been in confinement in any state or federal prison system for any

previous felony conviction during the ten-year period preceding the

date that the sentence this section applies to was imposed.

Further, without the consent of the district attorney, this section

shall not apply to sentences imposed pursuant to a plea agreement or

jury verdict.

B. The court imposing the sentence may modify the sentence of

any offender sentenced to life without parole for an offense other

than a violent crime, as enumerated in Section 571 of Title 57 of

the Oklahoma Statutes, who has served at least ten (10) years of the

sentence in the custody of the Department of Corrections upon a

finding that the best interests of the public will not be

jeopardized. Provided; however, prior to granting a sentence

modification under the provisions of this subsection, the court

shall provide notice of the hearing to determine sentence

modification to the victim or representative of the victim and shall

allow the victim or representative of the victim the opportunity to

provide testimony at the hearing. The court shall consider the

Oklahoma Statutes - Title 22. Criminal Procedure Page 273

testimony of the victim or representative of the victim when

rendering a decision to modify the sentence of an offender.

C. For purposes of judicial review, upon court order or written

request from the sentencing judge, the Department of Corrections

shall provide the court imposing sentence or revocation of probation

with a report to include a summary of the assessed needs of the

offender, any progress made by the offender in addressing his or her

assessed needs, and any other information the Department can supply

on the offender. The court shall consider such reports when

modifying the sentence or revocation of probation. The court shall

allow the Department of Corrections at least twenty (20) days after

receipt of a request or order from the court to prepare the required

reports.

D. If the court considers modification of the sentence or

revocation of probation, a hearing shall be made in open court after

receipt of the reports required in subsection C of this section.

The clerk of the court imposing sentence or revocation of probation

shall give notice of the judicial review hearing to the Department

of Corrections, the offender, the legal counsel of the offender, and

the district attorney of the county in which the offender was

convicted upon receipt of the reports. Such notice shall be mailed

at least twenty-one (21) days prior to the hearing date and shall
clerk of the court imposing sentence or revocation of probation

shall give notice of the judicial review hearing to the Department

of Corrections, the offender, the legal counsel of the offender, and

the district attorney of the county in which the offender was

convicted upon receipt of the reports. Such notice shall be mailed

at least twenty-one (21) days prior to the hearing date and shall

include a copy of the report and any other written information to be

considered at the judicial review hearing.

E. If an appeal is taken from the original sentence or from a

revocation of probation which results in a modification of the

sentence or modification to the revocation of probation of the

offender, such sentence may be further modified in the manner

described in paragraph 1 of subsection A of this section within

sixty (60) months after the receipt by the clerk of the district

court of the mandate from the Supreme Court or the Court of Criminal

Appeals.