Okla. Stat. tit. 22, § 22-991a-4.1

A. There is hereby re-created the “Community Service Sentencing

Program”. This program is a continuation of the program established

Oklahoma Statutes - Title 22. Criminal Procedure Page 318

in 1988 by Section 991a-4 of Title 22 of the Oklahoma Statutes. The

purpose of the program shall be to provide an alternative to

incarceration for nonviolent felony offenders who would normally be

sentenced to incarceration in a state institution.

B. Any eligible offender may be sentenced, at the discretion of

the judge, to a Community Service Sentencing Program pursuant to the

provisions of this section. For purposes of this section, “eligible

offender” shall mean any person who:

1. Is not participating in the Delayed Sentencing Program for

Young Adults pursuant to the provisions of Sections 996 through

996.3 of Title 22 of the Oklahoma Statutes;

2. Has not previously been convicted of two or more felonies;

3. Has been convicted of a nonviolent felony offense which

shall be defined as any felony offense except assault and battery

with a dangerous weapon, aggravated assault and battery on a law

officer, poisoning with intent to kill, shooting with intent to

kill, assault with intent to kill, assault with intent to commit a

felony, murder in the first degree, murder in the second degree,

manslaughter in the first degree, manslaughter in the second degree,

kidnapping, burglary in the first degree, kidnapping for extortion,

maiming, robbery, child beating, wiring any equipment, vehicle, or

structure with explosives, forcible sodomy, rape in the first degree

or rape by instrumentation, lewd or indecent proposition or lewd or

indecent act with a child under sixteen (16) years of age, use of a

firearm or offensive weapon to commit or attempt to commit a felony,

pointing firearms, rioting or arson in the first degree;

4. Has properly completed and executed all necessary documents;

and

5. Is not otherwise ineligible by law or court rule.

C. The Department of Corrections shall administer the Program,

except in counties with a population of five hundred fifty thousand

(550,000) or more persons that operate an existing program. The

Department shall conduct a presentence investigation pursuant to the

provisions of Section 982 of Title 22 of the Oklahoma Statutes if

the court determines the offender is to be assigned to the Program.

As part of such presentence investigation, the Department shall

interview the offender and advise the offender of the requirements

and conditions of the Program. The Department shall recommend an

assignment of the offender to any one or combination of the

following areas:

1. Community service, with or without compensation;

2. Education, vocational-technical education or literacy

programs;

3. Substance abuse treatment programs;

4. Periodic testing for the presence of controlled substances;

5. Psychological counseling or psychiatric treatment;

6. Medical treatment;

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7. Restitution, to be paid either to the victim of the offense

or to the Crime Victims Compensation Revolving Fund created pursuant

to the provisions of Section 142.17 of Title 21 of the Oklahoma

Statutes;

8. Confinement in a county jail for a period not to exceed one
logical counseling or psychiatric treatment;

6. Medical treatment;

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7. Restitution, to be paid either to the victim of the offense

or to the Crime Victims Compensation Revolving Fund created pursuant

to the provisions of Section 142.17 of Title 21 of the Oklahoma

Statutes;

8. Confinement in a county jail for a period not to exceed one

(1) year, night or weekend incarceration pursuant to the provisions

of Section 991a-2 of Title 22 of the Oklahoma Statutes or

incarceration by the Department of Corrections; provided, the

Department of Corrections shall reimburse a county which does not

receive payments from any other source for the cost of the necessary

expenses of such persons during periods of such incarceration in an

amount not to exceed Twenty Dollars ($20.00) per day and any county

receiving such payments in an amount not to exceed Ten Dollars

($10.00) per day. The Department shall reimburse the county for the

actual cost paid for any emergency medical care for physical injury

or illness of such persons if the county is required by law to

provide such care for inmates in the jail. The reimbursements

provided by this section shall not exceed the cost that would have

accrued to the state for the feeding, care or medical care of the

persons had they been incarcerated with the Department. Except as

otherwise provided by law, all provisions of the Oklahoma

Corrections Act of 1967, Section 501 et seq. of Title 57 of the

Oklahoma Statutes, shall apply to such persons, including but not

limited to any provisions requiring payment by such persons of the

costs of incarceration; or

9. Probation or conditional probation.

D. In counties with a population of five hundred fifty thousand

(550,000) or more persons that operate an existing program, the

Department of Corrections is hereby authorized to reimburse the

county sheriff, pursuant to paragraph 8 of subsection C of this

section, the cost of necessary expenses for confinement in the

county jail for any eligible offender as defined in subsection B of

this section. Such reimbursement shall be subject to appropriation

by the Legislature. The Department may promulgate rules and

procedures for submitting claims for reimbursements.

E. The judge shall consider the criminal history of the

offender, the nature of the offender's criminal conduct, the

employment and family history of the offender and any other factors

the judge deems relevant when sentencing persons to the Program.

Following the presentence investigations and recommendation, the

judge shall impose sentence. The judge may accept the

recommendation, with or without modifications thereto, or may reject

the recommendation and impose any sentence allowed by law.

F. The provisions of Sections 20, 58.3, 138, 138.1 and 224 of

Title 57 of the Oklahoma Statutes and Section 615 of Title 69 of the

Oklahoma Statutes and any other provisions of law relating to earned

credits for certain acts or service shall not apply to persons

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participating in the Program. The judge may establish a schedule of

earned credits as part of the sentence.

G. The Department shall establish a list of federal, state and

local government agencies, community service agencies, nonprofit

organizations, educational programs and other treatment programs

willing to participate in the program to which offenders may be

referred. The Department shall periodically contact agencies,

organizations and programs to which offenders are assigned to

determine if offenders have reported and performed satisfactorily.

Any such agency or program shall immediately notify the Department

if an offender fails to fulfill any requirement of the Program. The

Department or the sentencing judge may require additional

documentation of the offender's work performance.
ally contact agencies,

organizations and programs to which offenders are assigned to

determine if offenders have reported and performed satisfactorily.

Any such agency or program shall immediately notify the Department

if an offender fails to fulfill any requirement of the Program. The

Department or the sentencing judge may require additional

documentation of the offender's work performance.

H. The Department shall ensure that the sentencing judge and

prosecuting attorney are notified in writing when an offender has

successfully completed the assigned community service hours or other

requirements of the Program or has failed to complete the

requirements and provide any other relevant information required by

the sentencing judge or prosecuting attorney.

I. All state and local government agencies, community service

agencies, nonprofit organizations, educational programs and other

treatment programs participating in the Program are hereby immune

from liability for any offender participating in the Program under

the Workers' Compensation Act, Section 1 et seq. of Title 85 of the

Oklahoma Statutes, and for torts committed by or against any

offender participating in the Program to the extent specified in

Sections 227 and 228 of Title 57 of the Oklahoma Statutes.

J. Any offender participating in the Program shall be advised

of the provisions of this section and shall, in writing, acknowledge

that the offender has been advised of and understands the provisions

of the Program.