Okla. Stat. tit. 22, § 22-982b
This is the official text of Okla. Stat. tit. 22, § 22-982b, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Abeyance of sentence pending execution of federal
Official statutory text
sentence.
Oklahoma Statutes - Title 22. Criminal Procedure Page 274
A. Upon motion of the district attorney of the county from
which a sentence was imposed, the court may hold execution of a
sentence of imprisonment in abeyance if the offender has a pending
sentence of incarceration to be served in the custody of the United
States Bureau of Prisons or successor federal agency.
B. Any offender whose sentence has been held in abeyance
pending execution of a federal sentence pursuant to subsection A of
this section shall be returned to the Department of Corrections to
complete execution of his or her sentence upon release from federal
custody, unless the remainder of the sentence of the offender has
been discharged, vacated, paroled, or commuted while the offender
was in federal custody.
C. In determining whether to hold the execution of a sentence
in abeyance pending execution of a federal sentence, the court shall
consider the safety of the public, personnel of the Department of
Corrections, personnel of law enforcement agencies, other inmates,
and the offender. The filing of a motion to hold the execution of a
sentence in abeyance by the district attorney shall create a
rebuttable presumption that it is in the public interest to hold the
sentence in abeyance and that the motion shall be granted.
D. The Department of Corrections shall be responsible for
transportation of the offender from federal custody to state custody
upon the release of the offender from federal custody.
E. An offender whose sentence has been held in abeyance pending
execution of a federal sentence shall not be released from the
custody of the Department of Corrections until and unless federal
authorities take custody of the offender. In no event shall an
order holding execution of a state sentence in abeyance pursuant to
this section result in the release of the offender from both state
and federal custody simultaneously.
F. The provisions of this section shall not apply to any
offender who has been sentenced to death and whose death sentence
remains valid.
Oklahoma Statutes - Title 22. Criminal Procedure Page 274
A. Upon motion of the district attorney of the county from
which a sentence was imposed, the court may hold execution of a
sentence of imprisonment in abeyance if the offender has a pending
sentence of incarceration to be served in the custody of the United
States Bureau of Prisons or successor federal agency.
B. Any offender whose sentence has been held in abeyance
pending execution of a federal sentence pursuant to subsection A of
this section shall be returned to the Department of Corrections to
complete execution of his or her sentence upon release from federal
custody, unless the remainder of the sentence of the offender has
been discharged, vacated, paroled, or commuted while the offender
was in federal custody.
C. In determining whether to hold the execution of a sentence
in abeyance pending execution of a federal sentence, the court shall
consider the safety of the public, personnel of the Department of
Corrections, personnel of law enforcement agencies, other inmates,
and the offender. The filing of a motion to hold the execution of a
sentence in abeyance by the district attorney shall create a
rebuttable presumption that it is in the public interest to hold the
sentence in abeyance and that the motion shall be granted.
D. The Department of Corrections shall be responsible for
transportation of the offender from federal custody to state custody
upon the release of the offender from federal custody.
E. An offender whose sentence has been held in abeyance pending
execution of a federal sentence shall not be released from the
custody of the Department of Corrections until and unless federal
authorities take custody of the offender. In no event shall an
order holding execution of a state sentence in abeyance pursuant to
this section result in the release of the offender from both state
and federal custody simultaneously.
F. The provisions of this section shall not apply to any
offender who has been sentenced to death and whose death sentence
remains valid.
Status: in_force · Read it on the official government site
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