Okla. Stat. tit. 22, § 22-991a-18
This is the official text of Okla. Stat. tit. 22, § 22-991a-18, 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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Restitution to victim – Modification or revocation of
Official statutory text
sentence.
A. The court shall at the time of sentencing:
1. Determine whether the property may be restored in kind to
the owner or the person entitled to possession thereof;
2. Determine whether defendant is possessed of sufficient skill
to repair and restore property damaged;
3. Provide restitution to the victim according to a schedule of
payments established by the sentencing court, together with interest
upon any pecuniary sum at the rate of twelve percent (12%) per
annum, if the defendant agrees to pay such restitution or, in the
opinion of the court, the defendant is able to pay such restitution
without imposing manifest hardship on the defendant or the immediate
family of the defendant; and
Oklahoma Statutes - Title 22. Criminal Procedure Page 325
4. Determine the extent of the out-of-pocket expenses, loss or
damage to property and injury to the victim proximately caused by
the conduct of the defendant.
B. The court shall allow credit for property returned in kind,
for property damages ordered to be repaired by the defendant, and
for property ordered to be restored by the defendant and after
granting such credit, the court shall assess the actual out-of-
pocket expenses, losses, damages and injuries suffered by the
victim.
C. In no event shall a victim be entitled to recover
restitution in excess of the actual out-of-pocket expenses, losses,
damages and injuries, proximately caused by the conduct of the
defendant and restitution shall not be ordered to be paid on account
of pain or suffering, provided however, that nothing in this section
shall abridge or preclude any victim from the civil right to recover
damages by separate civil cause of action brought against the
defendant.
D. If the defendant fails to pay restitution in the manner or
within the time period specified by the court, the court may enter
an order directing the sheriff to seize any real or personal
property of the defendant to the extent necessary to satisfy the
order of restitution and dispose of such property by public sale.
All property seized for the purposes of satisfying restitution shall
be seized under the procedures established in Section 448 of this
act.
E. A sentence including provisions of restitution may be
modified or revoked by the court if the offender commits another
offense, or the offender fails to make restitution as ordered by the
court, but no sentencing provision to make restitution shall be
modified if the court finds that the offender has had the financial
ability to make restitution, and the offender has willfully refused
to do so. If the court shall find that the defendant has failed to
make restitution and that the failure is not willful, the court may
impose an additional period of time within which to make
restitution. The length of said additional period shall not be more
than two (2) years. The court shall retain all of the incidents of
the original sentence, including the authority to revoke or further
modify the sentence if the conditions of payment are violated during
such additional period.
A. The court shall at the time of sentencing:
1. Determine whether the property may be restored in kind to
the owner or the person entitled to possession thereof;
2. Determine whether defendant is possessed of sufficient skill
to repair and restore property damaged;
3. Provide restitution to the victim according to a schedule of
payments established by the sentencing court, together with interest
upon any pecuniary sum at the rate of twelve percent (12%) per
annum, if the defendant agrees to pay such restitution or, in the
opinion of the court, the defendant is able to pay such restitution
without imposing manifest hardship on the defendant or the immediate
family of the defendant; and
Oklahoma Statutes - Title 22. Criminal Procedure Page 325
4. Determine the extent of the out-of-pocket expenses, loss or
damage to property and injury to the victim proximately caused by
the conduct of the defendant.
B. The court shall allow credit for property returned in kind,
for property damages ordered to be repaired by the defendant, and
for property ordered to be restored by the defendant and after
granting such credit, the court shall assess the actual out-of-
pocket expenses, losses, damages and injuries suffered by the
victim.
C. In no event shall a victim be entitled to recover
restitution in excess of the actual out-of-pocket expenses, losses,
damages and injuries, proximately caused by the conduct of the
defendant and restitution shall not be ordered to be paid on account
of pain or suffering, provided however, that nothing in this section
shall abridge or preclude any victim from the civil right to recover
damages by separate civil cause of action brought against the
defendant.
D. If the defendant fails to pay restitution in the manner or
within the time period specified by the court, the court may enter
an order directing the sheriff to seize any real or personal
property of the defendant to the extent necessary to satisfy the
order of restitution and dispose of such property by public sale.
All property seized for the purposes of satisfying restitution shall
be seized under the procedures established in Section 448 of this
act.
E. A sentence including provisions of restitution may be
modified or revoked by the court if the offender commits another
offense, or the offender fails to make restitution as ordered by the
court, but no sentencing provision to make restitution shall be
modified if the court finds that the offender has had the financial
ability to make restitution, and the offender has willfully refused
to do so. If the court shall find that the defendant has failed to
make restitution and that the failure is not willful, the court may
impose an additional period of time within which to make
restitution. The length of said additional period shall not be more
than two (2) years. The court shall retain all of the incidents of
the original sentence, including the authority to revoke or further
modify the sentence if the conditions of payment are violated during
such additional period.
Status: in_force · Read it on the official government site
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