Okla. Stat. tit. 22, § 22-988.19
This is the official text of Okla. Stat. tit. 22, § 22-988.19, 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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Sentencing
Official statutory text
A. When ordering a community sentence or community punishment,
the court shall first impose a deferred or suspended sentence for
the offense as prescribed by law, and shall then order the
appropriate community punishment as a condition of that deferred or
suspended sentence. The design of the community punishment shall be
based upon the supervision and intervention report from the risk and
needs assessment. The local community sentencing system
administrator shall have authority for all offender placements
within the local community sentencing system pursuant to the court-
ordered community sentence.
B. Persons convicted of or pleading guilty or nolo contendere
to a combination of misdemeanor and felony offenses may receive
services from a local community sentencing system when the county
agrees in writing to pay the Community Sentencing Division within
the Department of Corrections for the actual costs of services used
Oklahoma Statutes - Title 22. Criminal Procedure Page 311
for misdemeanor cases. No state funds shall be used to pay for
misdemeanor offenses.
C. Any time during the term of a community sentence, the court
imposing the sentence may modify any previous provision as provided
in this section.
D. Upon consideration of a properly filed motion to modify a
community sentence pursuant to the provisions of this section, the
staff of the community sentencing system in which the offender is
ordered to participate, the sheriff, the district attorney, the
service provider, or any agency or person providing supervision of
the offender shall provide the court with any reports and other
information available and relating to the offender, and to the
reason for the motion to modify the sentence. The court shall
consider any reports and information submitted prior to modifying
the sentence.
E. If the court considers a motion to modify a community
sentence, a hearing shall be held in open court. The notice of the
hearing shall be given to the offender, the offender's legal
counsel, and the district attorney of the county in which the
offender was convicted not less than ten (10) days prior to the
hearing. A copy of any reports to be presented to the court shall
accompany the notice of hearing.
F. Following the hearing, the court shall enter the appropriate
order authorized by law. The court may modify any community
sentence by imposing any other punishment allowed by law for the
offense and appropriate for the circumstances as determined by the
discretion of the judge; provided, however, no punishment shall be
imposed which is greater than the maximum punishment allowed by law
for the original offense. The court shall give the offender day-
for-day credit on any modified sentence for any term of
incarceration imposed. The court may impose either a disciplinary
sanction or an incentive as provided in Section 988.20 of this title
in lieu of or together with any modification authorized by this
section.
G. The court shall not be limited on the number of
modifications a sentence may have within the term of the community
sentence.
H. Any offender who files a meritless or frivolous motion to
modify a community sentence shall pay the costs of the proceeding
and may be sanctioned as deemed appropriate by the court.
I. The court may revoke or accelerate a community punishment to
the original sentence imposed during the term of the sentence. When
a community sentence is revoked to state imprisonment, the court
shall give a day-for-day credit for any term of incarceration
actually served as community punishment.
the court shall first impose a deferred or suspended sentence for
the offense as prescribed by law, and shall then order the
appropriate community punishment as a condition of that deferred or
suspended sentence. The design of the community punishment shall be
based upon the supervision and intervention report from the risk and
needs assessment. The local community sentencing system
administrator shall have authority for all offender placements
within the local community sentencing system pursuant to the court-
ordered community sentence.
B. Persons convicted of or pleading guilty or nolo contendere
to a combination of misdemeanor and felony offenses may receive
services from a local community sentencing system when the county
agrees in writing to pay the Community Sentencing Division within
the Department of Corrections for the actual costs of services used
Oklahoma Statutes - Title 22. Criminal Procedure Page 311
for misdemeanor cases. No state funds shall be used to pay for
misdemeanor offenses.
C. Any time during the term of a community sentence, the court
imposing the sentence may modify any previous provision as provided
in this section.
D. Upon consideration of a properly filed motion to modify a
community sentence pursuant to the provisions of this section, the
staff of the community sentencing system in which the offender is
ordered to participate, the sheriff, the district attorney, the
service provider, or any agency or person providing supervision of
the offender shall provide the court with any reports and other
information available and relating to the offender, and to the
reason for the motion to modify the sentence. The court shall
consider any reports and information submitted prior to modifying
the sentence.
E. If the court considers a motion to modify a community
sentence, a hearing shall be held in open court. The notice of the
hearing shall be given to the offender, the offender's legal
counsel, and the district attorney of the county in which the
offender was convicted not less than ten (10) days prior to the
hearing. A copy of any reports to be presented to the court shall
accompany the notice of hearing.
F. Following the hearing, the court shall enter the appropriate
order authorized by law. The court may modify any community
sentence by imposing any other punishment allowed by law for the
offense and appropriate for the circumstances as determined by the
discretion of the judge; provided, however, no punishment shall be
imposed which is greater than the maximum punishment allowed by law
for the original offense. The court shall give the offender day-
for-day credit on any modified sentence for any term of
incarceration imposed. The court may impose either a disciplinary
sanction or an incentive as provided in Section 988.20 of this title
in lieu of or together with any modification authorized by this
section.
G. The court shall not be limited on the number of
modifications a sentence may have within the term of the community
sentence.
H. Any offender who files a meritless or frivolous motion to
modify a community sentence shall pay the costs of the proceeding
and may be sanctioned as deemed appropriate by the court.
I. The court may revoke or accelerate a community punishment to
the original sentence imposed during the term of the sentence. When
a community sentence is revoked to state imprisonment, the court
shall give a day-for-day credit for any term of incarceration
actually served as community punishment.
Status: in_force · Read it on the official government site
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