Okla. Stat. tit. 22, § 22-983v3

— Factors — Hardship waiver — Cost hearings — Delinquency — Warrants

— Court cost compliance program.

A. As used in this section, unless the context otherwise

requires:

1. "Cost arrest warrant" means a warrant authorizing arrest

that is issued by a court under the following circumstances:

Oklahoma Statutes - Title 22. Criminal Procedure Page 282

a. failure to comply with the terms of a court financial

obligations payment plan,

b. failure to appear at a cost hearing or willfulness

hearing, or

c. failure to appear at the office of the court clerk of

the county in which the court financial obligation is

owed within ten (10) days of being cited by a law

enforcement officer to appear;

2. "Cost cite and release warrant" means a warrant issued by a

court authorizing citation and release under the following

circumstances:

a. failure to comply with terms of a court financial

obligations payment plan, or

b. failure to appear at a cost hearing or willfulness

hearing;

3. "Cost hearing" means a hearing in which the court determines

the ability of a defendant to pay court financial obligations. Once

a cost hearing date has been set, all court financial obligations

shall be suspended until the cost hearing has been held;

4. "Court financial obligation" means all financial obligations

including fines, costs, fees, and assessments, imposed by the court

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

be made other than to the court clerk;

5. "Payment-in-full" means a court financial payment term that

requires the defendant to pay the full amount of court financial

obligations owed within ninety (90) days of a plea or sentence in

the district court or within thirty (30) days of a plea or sentence

in the municipal court;

6. "Payment-in-installments" means payment terms for court

financial obligations that require the defendant to make monthly

payments in any amount until the amount owed is fully paid; and

7. "Willfulness hearing" means a hearing in which the court

determines whether a defendant who has previously been found to have

the ability to pay court financial obligations has willfully failed

to pay the debt.

B. 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 court financial obligations upon a defendant, the

court at the time of sentencing may immediately, or at any point

thereafter until the debt is either paid or waived, determine the

ability of a defendant to pay the court financial obligations. The

court may make such determinations at a cost hearing or upon written

motion or affidavit by the defendant. The ability of a defendant to

pay court financial obligations may not impact the sentence imposed.

2. Defendants with court financial obligations who are found by

the court to be unable to pay, in whole or in part, shall be

Oklahoma Statutes - Title 22. Criminal Procedure Page 283

relieved of the debt by the court through a hardship waiver of the

court financial obligations, either in whole or in part.

3. In determining the ability of a defendant to pay, the court

shall consider the following factors:

a. individual and household income,

b. household living expenses,

c. number of dependents,

d. assets,

e. child support obligations,

f. physical or mental health conditions that diminish the

ability to generate income or manage resources,

g. additional case-related expenses to be paid by the

defendant, and

h. any other factors relevant to the ability of the

defendant to pay.

4. In determining the ability of a defendant to pay, the

following shall not be considered as income or assets:

a. child support income,

b. any monies received from a federal, state, or tribal

government need-based or disability assistance

program, or

c. assets exempt from bankruptcy.

5. Defendants in the following circumstances are presumed
elevant to the ability of the

defendant to pay.

4. In determining the ability of a defendant to pay, the

following shall not be considered as income or assets:

a. child support income,

b. any monies received from a federal, state, or tribal

government need-based or disability assistance

program, or

c. assets exempt from bankruptcy.

5. Defendants in the following circumstances are presumed

unable to pay and eligible for relief under paragraph 2 of this

subsection:

a. designated as totally disabled by any federal, state,

or tribal disability services program including but

not limited to military disability, Social Security

Disability Insurance, Supplemental Security Income, or

tribal disability benefits,

b. receives support from the Temporary Assistance for

Needy Families program, Supplemental Nutrition

Assistance Program, the Special Supplemental Nutrition

Program for Women, Infants, and Children nutrition

education and supplemental food program, or any other

federal need-based financial support,

c. receives subsidized housing support through the

Housing Choice Voucher program, the United States

Department of Housing and Urban Development, or other

state, local, or federal government housing subsidy

program, or

d. total income is below one hundred fifty percent (150%)

of the federal poverty level.

C. 1. At the time of a plea or sentencing, the court shall

inform the defendant of the total court financial obligations owed,

the consequences of failing to pay the court financial obligations,

and that the defendant may request a cost hearing if at any time he

Oklahoma Statutes - Title 22. Criminal Procedure Page 284

or she is unable to pay the court financial obligations, at which

point the court may waive all or part of the debt owed. If the

total amount of court financial obligations owed is not available at

the time of the plea or sentencing, the court shall inform the

defendant that court financial obligations have been incurred and

the time and location where the defendant may learn of the total

amount owed.

2. The court shall order the defendant to appear immediately

after sentencing at the office of the court clerk to provide current

contact information and to either select payment terms or request a

cost hearing. Failure to immediately report to the court clerk

shall result in the full amount of court financial obligations to be

due thirty (30) days from the date of the plea or sentencing in

district courts or thirty (30) days from the date of the plea or

sentencing in municipal courts.

3. Payment of court financial obligations may be made under the

following terms:

a. payment in full, or

b. payment in installments.

Upon any change in circumstances affecting the ability of a

defendant to pay, a defendant may request a cost hearing before the

court by contacting the court clerk.

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

shall provide a cost hearing for any defendant upon request, either

by establishing a dedicated docket or on an as-requested basis. A

defendant who requests a cost hearing will receive a summons by

personal service or by United States mail to appear in court as

required by subsection G of this section. If a defendant fails to

appear for a requested cost hearing, the court may issue either a

cost cite and release warrant or a cost arrest warrant. No fees

shall be assessed or collected from the defendant as a consequence

of either requesting a cost hearing or the issuing of a cost cite

and release warrant.

D. In determining the ability of the defendant to pay court

financial obligations, the court may rely on testimony, relevant

documents, and any information provided by the defendant using a

cost hearing affidavit promulgated by the Court of Criminal Appeals.

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.
ing the ability of the defendant to pay court

financial obligations, the court may rely on testimony, relevant

documents, and any information provided by the defendant using a

cost hearing affidavit promulgated by the Court of Criminal Appeals.

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.

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

hearing, the court determines that the defendant is able to pay some

or all of the court financial obligations, the court may order any

of the following conditions for payment:

a. payment in full,

b. payment in installments,

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c. financial incentive under a set of conditions

determined by the court, or

d. community service in lieu of payment; provided, 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. Any defendant who fails to comply with the terms of the

payment plan ordered by the court shall be considered delinquent and

the court may issue either a cost cite and release warrant or a cost

arrest warrant.

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

financial obligations is warranted, the court shall apply the same

percentage reduction equally to all fines, costs, fees, and

assessments, excluding restitution.

G. 1. A defendant is considered delinquent in the payment of

court financial obligations under the following circumstances:

a. when the total amount due has not been paid by the due

date, or

b. when no installment payments have been received in the

most recent ninety-day period.

2. The court clerk shall periodically review cases for

delinquency at least once every six (6) months and, upon identifying

a delinquent defendant, 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 cost hearing shall be set

within forty-five (45) days of the issuance of the summons. The

hearing shall be set on a date that shall allow the court clerk to

issue a summons fourteen (14) days prior to the cost hearing.

Defendants shall incur no additional fees associated with the

issuance of the summons.

3. At least 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 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 amount due or request in writing or in

person prior to the court date, that the hearing be rescheduled for

no later than thirty (30) days after the scheduled time.

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

for the cost hearing or pay the amount due, the court may issue a

Oklahoma Statutes - Title 22. Criminal Procedure Page 286

WARRANT and may refer the case to a court cost compliance liaison

which will cause an additional administrative fee of up to thirty-

five percent (35%) to be added to the amount owed and may include

additional costs imposed by the court.

4. Referrals to the court cost compliance program as provided

in subsection L of this section shall be made as follows:

a. courts shall refer a case to the court cost compliance

program upon the issuance of a cost arrest warrant,

b. courts may refer a case to the court cost compliance

program upon the issuance of a cost cite and release

warrant, or
de

additional costs imposed by the court.

4. Referrals to the court cost compliance program as provided

in subsection L of this section shall be made as follows:

a. courts shall refer a case to the court cost compliance

program upon the issuance of a cost arrest warrant,

b. courts may refer a case to the court cost compliance

program upon the issuance of a cost cite and release

warrant, or

c. courts may refer a case to the court cost compliance

program without the issuance of a warrant; provided,

the defendant is delinquent and has had sufficient

notice and opportunity to have a cost hearing.

5. A municipal court, in lieu of mailing the summons provided

for in this subsection, may give the summons to the defendant in

person at the time of sentencing or subsequent appearance of a

specific date, time, and place, not fewer than thirty (30) days nor

more than one hundred twenty (120) days from the date of sentencing

to appear for a cost hearing if the court financial obligations

remain unpaid.

H. 1. If a defendant is found by a law enforcement officer to

have an outstanding cost cite and release warrant, the law

enforcement officer shall issue a Warning/Notice to appear within

ten (10) days of release from detention on the warrant to the court

clerk of the court in which the court financial obligations are

owed. If the officer has the necessary equipment, the officer shall

immediately transmit the Warning/Notice electronically to the court

clerk of the court in which the court financial obligations are

owed. The law enforcement officer shall not take the defendant into

custody on the cite and release warrant. If the law enforcement

officer is unable to transmit the Warning/Notice electronically to

the court clerk, the officer shall inform the appropriate department

staff member within the agency of the law enforcement officer of the

Warning/Notice within five (5) days. The department staff member

shall then promptly notify the law enforcement agency in the

jurisdiction that issued the warrant electronically who shall

promptly notify the court clerk. The electronic communication shall

be treated as a duplicate original for all purposes in any

subsequent hearings before the appropriate court.

2. If the defendant reports to the office of the court clerk

within the ten (10) days, the court clerk shall:

a. inform the court of the Warning/Notice to the

defendant and contact,

b. schedule a cost hearing pursuant to applicable local

court rule, and

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c. submit the warrant to the court for recall pending the

cost hearing.

3. If the defendant fails to report to the office of the court

clerk within the ten (10) days, the court may issue a cost arrest

warrant for the arrest of the defendant.

4. Following an arrest on a cost arrest warrant, the defendant

must be released after seventy-two (72) hours in custody. The

defendant may be released prior to seventy-two (72) hours if:

a. the custodian is presented with proof of payment in

the amount of One Hundred Dollars ($100.00) to each

jurisdiction where the court financial obligations are

owed and the new cost hearing date is provided,

b. the court releases the defendant on the defendant's

own recognizance and a new cost hearing date is

provided, or

c. the court conducts a cost or willfulness hearing, as

appropriate, pursuant to the provisions of this

section and determines the defendant should be

released.

5. The provisions for issuing a separate summons described in

subsection G of this section shall not apply to a municipal court if

the municipal court has previously provided actual personal notice

to the defendant of an opportunity for a cost hearing. If such

notice was given and the defendant fails to appear, the municipal

court may issue either a cost cite and release warrant or a cost

arrest warrant.

6. All warrants for failure to appear at a cost hearing or for
f this section shall not apply to a municipal court if

the municipal court has previously provided actual personal notice

to the defendant of an opportunity for a cost hearing. If such

notice was given and the defendant fails to appear, the municipal

court may issue either a cost cite and release warrant or a cost

arrest warrant.

6. All warrants for failure to appear at a cost hearing or for

failure to pay court financial obligations which have been issued

prior to the effective date of this act and which remain unserved,

shall be treated as cost cite and release warrants. All warrant

fees assessed for warrants for failure to appear at a cost hearing

or for failure to pay court financial obligations issued prior to

the effective date of this act shall remain in effect unless waived

by the court.

I. Supporting documents in a motion or affidavit for relief

from court financial obligation debt or any documents taken into

evidence during a cost hearing or willfulness hearing shall not be

viewable by the public on a court-controlled website.

J. 1. After a cost hearing where a defendant is found able to

pay a court financial obligation, either in whole or in part, and

then becomes delinquent in that payment, a court may conduct a

willfulness hearing at any time beginning immediately after a cost

hearing has been held and a decision rendered on the court financial

obligations. Findings of a defendant's prior ability to pay may be

considered as evidence of ability to pay or willfulness at the

hearing. The requirements of this paragraph shall not be construed

Oklahoma Statutes - Title 22. Criminal Procedure Page 288

to prohibit the court from holding subsequent cost hearings on the

same court financial obligations.

2. At a willfulness hearing, the court shall evaluate the

following:

a. whether a cost hearing has been held previously where

evidence relating to ability to pay was presented and

the court found the defendant was able to pay the

court financial obligations, either in whole or in

part,

b. whether there is any new evidence of ability to pay

not previously considered or a change in circumstances

since the cost hearing,

c. whether the defendant was afforded sufficient time and

opportunity to fulfill the obligation to pay the court

financial obligations,

d. whether the defendant made any efforts to satisfy the

court financial obligations, and

e. whether there are any other relevant facts or

circumstances.

3. After a finding of willful failure to pay court financial

obligations, the court may impose a jail sentence pursuant to

Section 101 of Title 28 of the Oklahoma Statutes. A jail sentence

may be imposed only under the following circumstances:

a. the hearing is conducted on the record pursuant to the

rules promulgated by the Court of Criminal Appeals,

and

b. the defendant is represented by counsel or expressly

waives his or her right to counsel.

4. If a jail sentence is imposed, the court may grant credit

for any time already served. At any time after incarceration, the

jail sentence may be satisfied upon payment in full of the

outstanding balance with credit for any time already served.

K. The district court or municipal court, within one hundred

twenty (120) days from the date upon which the person fails to

comply with the financial obligation as ordered by the court or

fails to appear for the offered cost or willfulness hearing, may, if

the defendant has previously been notified of the possibility of a

suspension, send notice of nonpayment of any court-ordered financial

obligation 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 court financial obligation has been

paid or waived by the court. Upon receipt of payment of the total

amount of the court financial obligations for the moving traffic
ion, send notice of nonpayment of any court-ordered financial

obligation 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 court financial obligation has been

paid or waived by the court. Upon receipt of payment of the total

amount of the court financial obligations 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.

Oklahoma Statutes - Title 22. Criminal Procedure Page 289

L. Every county and district court of this state shall fully

utilize and participate in the court cost compliance program. Cases

shall be referred to the court cost compliance program no more than

sixty (60) days after the court has ordered the referral pursuant to

paragraph 4 of subsection G of this section, unless the defendant

pays the amount owed on the court financial obligation or an

installment due. When the court refers a case, the updated contact

information on file shall be forwarded to a court cost compliance

liaison for collection purposes.

M. The Court of Criminal Appeals shall implement procedures and

rules for implementation of the requirements of this section. Such

procedures, rules, and any supplemental forms may be made available

by the Administrative Office of the Courts.