Okla. Stat. tit. 22, § 22-983v2

privileges for failure to pay fines, costs, fees or assessments -

Hearing - Installments.

A. 1. Except in cases provided for in Section 983b of this

title, when the judgment and sentence of a court, either in whole or

in part, imposes fines, costs, fees, or assessments upon a

defendant, the court at the time of sentencing shall require the

defendant to complete under oath a form promulgated by the Court of

Criminal Appeals that provides current information regarding the

financial ability of the defendant to pay.

2. The information to be required on the form shall include,

but not be limited to, the individual and household income and

living expenses of the defendant, excluding child support and any

monies received from a federal or state government need-based or

disability assistance program, the number of dependents, a listing

of assets, excluding assets exempt from bankruptcy, child support

obligations, health, mental or behavioral health conditions that

diminish the ability of the defendant to pay restitution, and

additional court-related expenses to be paid by the defendant.

Oklahoma Statutes - Title 22. Criminal Procedure Page 278

3. For purposes of this section, fines, costs, fees, and

assessments shall include all financial obligations imposed by the

court or required by law to be paid, excluding restitution or

payments to be made other than to the court clerk, and shall be

referred to as financial obligations.

B. 1. The court shall order the defendant to appear

immediately after sentencing at the office of the court clerk who

shall inform the defendant of the total amount of all financial

obligations that have been ordered by the court. If the defendant

states to the court clerk that he or she is unable to pay the

financial obligations immediately, the court clerk, based on the

verified information provided by the defendant, shall establish,

subject to approval of the court, a monthly installment plan that

will cause the financial obligations to be satisfied within no more

than seventy-two (72) months, unless extended by the court.

2. The court clerk shall advise the defendant orally and by

delivery of a form promulgated by the Court of Criminal Appeals,

that:

a. it is the obligation of the defendant to keep the

court clerk informed of the contact information of the

defendant until the financial obligations have been

paid. Such information shall include the current

mailing and physical addresses of the defendant,

telephone or cellular phone number of the defendant,

and the email address where the defendant may receive

notice from the court,

b. if the defendant is unable to pay the financial

obligations ordered by the court immediately or in the

installments recommended by the court clerk, the

defendant may request a cost hearing for the court to

determine the ability of the defendant to pay the

amount due and to request modification of the

installment plan, a reduction in the amount owed, or

waiver of payment of the amount owed, and

c. upon any subsequent change in circumstances affecting

the ability of the defendant to pay, the defendant may

contact the court clerk and request additional cost

hearings before the court.

3. An order shall be filed in the case with the approval or

disapproval by the court of the payment plan. If the court does not

approve the payment plan recommended by the court clerk, the court

shall enter its order establishing the payment plan. The defendant

shall be notified by certified mail or personal service of the order

entered by the court and shall be given the opportunity for a cost

hearing.

4. The district court for each county and all municipal courts

shall set a regular time and courtroom for cost hearings.

Oklahoma Statutes - Title 22. Criminal Procedure Page 279

C. If the defendant requests a cost hearing, the court clerk

shall set the hearing no later than sixty (60) days after
ervice of the order

entered by the court and shall be given the opportunity for a cost

hearing.

4. The district court for each county and all municipal courts

shall set a regular time and courtroom for cost hearings.

Oklahoma Statutes - Title 22. Criminal Procedure Page 279

C. If the defendant requests a cost hearing, the court clerk

shall set the hearing no later than sixty (60) days after

sentencing. In determining the ability of the defendant to pay, the

court shall rely on the verified information submitted by the

defendant on the form promulgated by the Court of Criminal Appeals

and any updates to the information. In addition, the court may make

inquiry of the defendant and consider any other evidence or

testimony concerning the ability of the defendant to pay.

D. 1. If at the initial cost hearing or any subsequent cost

hearing, the court determines that the defendant is unable to

immediately pay the financial obligations or the required

installments, the court may reduce the amount of the installments,

extend the payment plan beyond seventy-two (72) months, or waive

payment of all or part of the amount owed. The court may include a

financial incentive for accelerated payment. Additionally, the

court may order community service in lieu of payment. The defendant

shall receive credit for no less than two times the amount of the

minimum wage specified pursuant to state law for each hour of

community service.

2. If at any time due to a change in conditions the defendant

is unable to pay the financial obligations ordered by the court or

any installment, the defendant may request an additional cost

hearing.

E. If the court determines that a waiver of any of the

financial obligations is warranted, the court shall equally apply

the same percentage reduction to all fines, costs, fees, and

assessments, excluding restitution.

F. 1. If a defendant is delinquent in the payment of financial

obligations or an installment by more than sixty (60) days, the

court clerk shall notify the court which shall, within ten (10) days

thereafter, set a cost hearing for the court to determine if the

defendant is able to pay. The hearing shall be set on a date that

will allow the court clerk to issue a summons fourteen (14) days

prior to the cost hearing.

2. No less than fourteen (14) days prior to the cost hearing,

the court clerk shall issue one summons to the defendant to be

served by United States mail to the mailing address of the defendant

on file in the case, substantially as follows:

SUMMONS

You are ORDERED to appear for a cost hearing at a specified time,

place, and date to determine if you are financially able but

willfully refuse or neglect to pay the fines, costs, fees, or

assessments or an installment due in Case No.__________.

You must be present at the hearing.

At any time before the date of the cost hearing, you may contact the

court clerk and pay the fines, costs, fees, or assessments or any

installment due.

Oklahoma Statutes - Title 22. Criminal Procedure Page 280

THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for

the cost hearing or to make the payment, the court will issue a

WARRANT for “FAILURE TO APPEAR—COST HEARING” and refer the case to a

court cost compliance liaison which will cause an additional thirty

percent (30%) administrative fee to be added to the amount owed.

3. If the defendant fails to appear at the cost hearing or pay

the amount due the court shall issue a warrant for FAILURE TO

APPEAR—COST HEARING and refer the case to the court cost compliance

program as provided in subsection K of this section.

4. Municipal courts, in lieu of mailing the summons provided

for in this subsection, may give the defendant personal notice at

the time of sentencing of a specific date, time, and place, not less

than sixty (60) nor more than one hundred twenty (120) days from the

date of sentencing to appear for a cost hearing if the fines, costs,
pliance

program as provided in subsection K of this section.

4. Municipal courts, in lieu of mailing the summons provided

for in this subsection, may give the defendant personal notice at

the time of sentencing of a specific date, time, and place, not less

than sixty (60) nor more than one hundred twenty (120) days from the

date of sentencing to appear for a cost hearing if the fines, costs,

fees, and assessments remain unpaid.

G. If a defendant is found by a law enforcement officer to have

an outstanding warrant for FAILURE TO APPEAR—COST HEARING, the law

enforcement officer shall release the defendant and issue a citation

to appear pursuant to Section 209 of this title. If the defendant

fails to appear at the time and place cited by the law enforcement

officer, the court may issue a summons or warrant as provided in

Section 209 of this title. The provisions of this subsection shall

not apply to a municipal court if the municipal court has previously

provided personal service to the defendant of an opportunity for a

cost hearing.

H. In determining whether the defendant is able to pay

delinquent financial obligations or any installments due, the court

shall consider the criteria provided in subsection C of this

section.

I. Any defendant found guilty of an offense in any court of

this state may be imprisoned for nonpayment of his or her financial

obligations when the court finds after notice and hearing that the

defendant is financially able but willfully refuses or neglects to

pay the financial obligations owed. A sentence to pay a fine, cost,

fee, or assessment may be converted into a jail sentence only after

a hearing and a judicial determination, memorialized of record, that

the defendant is able to satisfy the fine, cost, fee, or assessment

by payment, but refuses or neglects so to do.

J. In addition, the district court or municipal court, within

one hundred twenty (120) days from the date upon which the person

was originally ordered to make payment, and if the court finds and

memorializes into the record that the defendant is financially able

but willfully refuses to or neglects to pay the fines, costs, fees,

or assessments, or an installment due, may send notice of nonpayment

of any court ordered fine and costs for a moving traffic violation

to Service Oklahoma with a recommendation of suspension of driving

privileges of the defendant until the total amount of any fine and

Oklahoma Statutes - Title 22. Criminal Procedure Page 281

costs has been paid. Upon receipt of payment of the total amount of

the fine and costs for the moving traffic violation, the court shall

send notice thereof to Service Oklahoma, if a nonpayment notice was

sent as provided for in this subsection. Notices sent to Service

Oklahoma shall be on forms or by a method approved by Service

Oklahoma.

K. All counties of the state shall fully utilize and

participate in the court cost compliance program. Cases shall be

referred to the court cost compliance program not less than thirty

(30) days nor more than sixty (60) days after the defendant fails to

appear for a cost hearing unless the defendant pays the amount owed

on the financial obligation, or an installment due. When the court

refers the case, the updated contact information on file shall be

forwarded to a court cost compliance liaison for collection

purposes.

L. The Court of Criminal Appeals shall implement procedures,

forms, and rules consistent with the provisions of this section for

methods of establishing payment plans of fines, costs, fees, and

assessments by indigents, which procedures, forms, and rules shall

be distributed to all district courts and municipal courts by the

Administrative Office of the Courts.