Okla. Stat. tit. 22, § 22-991av3

assessment and evaluation - Restitution, fines, or incarceration -

Victim impact statements - Probation and monitoring - DNA samples.

A. Except as otherwise provided in the Elderly and

Incapacitated Victim's Protection Program, when a defendant is

convicted of a crime and no death sentence is imposed, the court

shall either:

1. Suspend the execution of sentence in whole or in part, with

or without probation. The court, in addition, may order the

convicted defendant at the time of sentencing or at any time during

the suspended sentence to do one or more of the following:

a. to provide restitution to the victim as provided by

Section 991f et seq. of this title or 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, if the defendant is able to pay

such restitution without imposing manifest hardship on

the defendant or the immediate family and if the

extent of the damage to the victim is determinable

with reasonable certainty,

b. to reimburse any state agency for amounts paid by the

state agency for hospital and medical expenses

incurred by the victim or victims, as a result of the

criminal act for which such person was convicted,

which reimbursement shall be made directly to the

state agency, with interest accruing thereon at the

rate of twelve percent (12%) per annum,

c. to engage in a term of community service without

compensation, according to a schedule consistent with

the employment and family responsibilities of the

person convicted,

d. to pay a reasonable sum into any trust fund

established pursuant to the provisions of Sections 176

through 180.4 of Title 60 of the Oklahoma Statutes and

which provides restitution payments by convicted

defendants to victims of crimes committed within this

state wherein such victim has incurred a financial

loss,

Oklahoma Statutes - Title 22. Criminal Procedure Page 605

e. to confinement in the county jail for a period not to

exceed six (6) months,

f. to confinement as provided by law together with a term

of post-imprisonment community supervision for not

less than three (3) years of the total term allowed by

law for imprisonment, with or without restitution;

provided, however, the authority of this provision is

limited to Section 843.5 of Title 21 of the Oklahoma

Statutes when the offense involved sexual abuse or

sexual exploitation; Sections 681, 741 and 843.1 of

Title 21 of the Oklahoma Statutes when the offense

involved sexual abuse or sexual exploitation; and

Sections 865 et seq., 885, 886, 888, 891, 1021,

1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and

1123 of Title 21 of the Oklahoma Statutes,

g. to repay the reward or part of the reward paid by a

local certified crime stoppers program and the

Oklahoma Reward System. In determining whether the

defendant shall repay the reward or part of the

reward, the court shall consider the ability of the

defendant to make the payment, the financial hardship

on the defendant to make the required payment and the

importance of the information to the prosecution of

the defendant as provided by the arresting officer or

the district attorney with due regard for the

confidentiality of the records of the local certified

crime stoppers program and the Oklahoma Reward System.

The court shall assess this repayment against the

defendant as a cost of prosecution. The term

"certified" means crime stoppers organizations that

annually meet the certification standards for crime

stoppers programs established by the Oklahoma Crime

Stoppers Association to the extent those standards do

not conflict with state statutes. The term "court"

refers to all municipal and district courts within

this state. The "Oklahoma Reward System" means the

reward program established by Section 150.18 of Title
stoppers organizations that

annually meet the certification standards for crime

stoppers programs established by the Oklahoma Crime

Stoppers Association to the extent those standards do

not conflict with state statutes. The term "court"

refers to all municipal and district courts within

this state. The "Oklahoma Reward System" means the

reward program established by Section 150.18 of Title

74 of the Oklahoma Statutes,

h. to reimburse the Oklahoma State Bureau of

Investigation for costs incurred by that agency during

its investigation of the crime for which the defendant

pleaded guilty, nolo contendere or was convicted

including compensation for laboratory, technical or

investigation services performed by the Bureau if, in

the opinion of the court, the defendant is able to pay

without imposing manifest hardship on the defendant,

and if the costs incurred by the Bureau during the

Oklahoma Statutes - Title 22. Criminal Procedure Page 606

investigation of the defendant's case may be

determined with reasonable certainty,

i. to reimburse the Oklahoma State Bureau of

Investigation and any authorized law enforcement

agency for all costs incurred by that agency for

cleaning up an illegal drug laboratory site for which

the defendant pleaded guilty, nolo contendere or was

convicted. The court clerk shall collect the amount

and may retain five percent (5%) of such monies to be

deposited in the Court Clerk's Revolving Fund to cover

administrative costs and shall remit the remainder to

the Oklahoma State Bureau of Investigation to be

deposited in the OSBI Revolving Fund established by

Section 150.19a of Title 74 of the Oklahoma Statutes

or to the general fund wherein the other law

enforcement agency is located,

j. to pay a reasonable sum to the Crime Victims

Compensation Board, created by Section 142.2 et seq.

of Title 21 of the Oklahoma Statutes, for the benefit

of crime victims,

k. to reimburse the court fund for amounts paid to court-

appointed attorneys for representing the defendant in

the case in which the person is being sentenced,

l. to participate in an assessment and evaluation by an

assessment agency or assessment personnel certified by

the Department of Mental Health and Substance Abuse

Services pursuant to Section 3-460 of Title 43A of the

Oklahoma Statutes and, as determined by the

assessment, participate in an alcohol and drug

substance abuse course or treatment program or both,

pursuant to Sections 3-452 and 3-453 of Title 43A of

the Oklahoma Statutes, or as ordered by the court,

m. to be placed in a victims impact panel program, as

defined in subsection H of this section, or

victim/offender reconciliation program and payment of

a fee to the program of Seventy-five Dollars ($75.00)

as set by the governing authority of the program to

offset the cost of participation by the defendant.

Provided, each victim/offender reconciliation program

shall be required to obtain a written consent form

voluntarily signed by the victim and defendant that

specifies the methods to be used to resolve the

issues, the obligations and rights of each person and

the confidentiality of the proceedings. Volunteer

mediators and employees of a victim/offender

reconciliation program shall be immune from liability

Oklahoma Statutes - Title 22. Criminal Procedure Page 607

and have rights of confidentiality as provided in

Section 1805 of Title 12 of the Oklahoma Statutes,

n. to install, at the expense of the defendant, an

ignition interlock device approved by the Board of

Tests for Alcohol and Drug Influence. The device

shall be installed upon every motor vehicle operated

by the defendant, and the court shall require that a

notation of this restriction be affixed to the

defendant's driver license. The restriction shall

remain on the driver license not exceeding two (2)

years to be determined by the court. The restriction

may be modified or removed only by order of the court
l and Drug Influence. The device

shall be installed upon every motor vehicle operated

by the defendant, and the court shall require that a

notation of this restriction be affixed to the

defendant's driver license. The restriction shall

remain on the driver license not exceeding two (2)

years to be determined by the court. The restriction

may be modified or removed only by order of the court

and notice of any modification order shall be given to

Service Oklahoma. Upon the expiration of the period

for the restriction, Service Oklahoma shall remove the

restriction without further court order. Failure to

comply with the order to install an ignition interlock

device or operating any vehicle without a device

during the period of restriction shall be a violation

of the sentence and may be punished as deemed proper

by the sentencing court. As used in this paragraph,

"ignition interlock device" means a device that,

without tampering or intervention by another person,

would prevent the defendant from operating a motor

vehicle if the defendant has a blood or breath alcohol

concentration of two-hundredths (0.02) or greater,

o. to be confined by electronic monitoring administered

and supervised by the Department of Corrections or a

community sentence provider, and payment of a

monitoring fee to the supervising authority, not to

exceed Three Hundred Dollars ($300.00) per month. Any

fees collected pursuant to this subparagraph shall be

deposited with the appropriate supervising authority.

Any willful violation of an order of the court for the

payment of the monitoring fee shall be a violation of

the sentence and may be punished as deemed proper by

the sentencing court. As used in this paragraph,

"electronic monitoring" means confinement of the

defendant within a specified location or locations

with supervision by means of an electronic device

approved by the Department of Corrections which is

designed to detect if the defendant is in the court-

ordered location at the required times and which

records violations for investigation by a qualified

supervisory agency or person,

p. to perform one or more courses of treatment, education

or rehabilitation for any conditions, behaviors,

Oklahoma Statutes - Title 22. Criminal Procedure Page 608

deficiencies or disorders which may contribute to

criminal conduct including but not limited to alcohol

and substance abuse, mental health, emotional health,

physical health, propensity for violence, antisocial

behavior, personality or attitudes, deviant sexual

behavior, child development, parenting assistance, job

skills, vocational-technical skills, domestic

relations, literacy, education or any other

identifiable deficiency which may be treated

appropriately in the community and for which a

certified provider or a program recognized by the

court as having significant positive impact exists in

the community. Any treatment, education or

rehabilitation provider required to be certified

pursuant to law or rule shall be certified by the

appropriate state agency or a national organization,

q. to submit to periodic testing for alcohol,

intoxicating substance or controlled dangerous

substances by a qualified laboratory,

r. to pay a fee or costs for treatment, education,

supervision, participation in a program or any

combination thereof as determined by the court, based

upon the defendant's ability to pay the fees or costs,

s. to be supervised by a Department of Corrections

employee, a private supervision provider or other

person designated by the court,

t. to obtain positive behavior modeling by a trained

mentor,

u. to serve a term of confinement in a restrictive

housing facility available in the community,

v. to serve a term of confinement in the county jail at

night or during weekends pursuant to Section 991a-2 of

this title or for work release,

w. to obtain employment or participate in employment-

related activities,
ted by the court,

t. to obtain positive behavior modeling by a trained

mentor,

u. to serve a term of confinement in a restrictive

housing facility available in the community,

v. to serve a term of confinement in the county jail at

night or during weekends pursuant to Section 991a-2 of

this title or for work release,

w. to obtain employment or participate in employment-

related activities,

x. to participate in mandatory day reporting to

facilities or persons for services, payments, duties

or person-to-person contacts as specified by the

court,

y. to pay day fines not to exceed fifty percent (50%) of

the net wages earned. For purposes of this paragraph,

"day fine" means the offender is ordered to pay an

amount calculated as a percentage of net daily wages

earned. The day fine shall be paid to the local

community sentencing system as reparation to the

community. Day fines shall be used to support the

local system,

Oklahoma Statutes - Title 22. Criminal Procedure Page 609

z. to submit to blood or saliva testing as required by

subsection I of this section,

aa. to repair or restore property damaged by the

defendant's conduct, if the court determines the

defendant possesses sufficient skill to repair or

restore the property and the victim consents to the

repairing or restoring of the property,

bb. to restore damaged property in kind or payment of out-

of-pocket expenses to the victim, if the court is able

to determine the actual out-of-pocket expenses

suffered by the victim,

cc. to attend a victim-offender reconciliation program if

the victim agrees to participate and the offender is

deemed appropriate for participation,

dd. to prioritize payments for restitution to the victim,

ee. in the case of a person convicted of prostitution

pursuant to Section 1029 of Title 21 of the Oklahoma

Statutes, require such person to receive counseling

for the behavior which may have caused such person to

engage in prostitution activities. Such person may be

required to receive counseling in areas including but

not limited to alcohol and substance abuse, sexual

behavior problems or domestic abuse or child abuse

problems,

ff. in the case of a sex offender sentenced after November

1, 1989, and required by law to register pursuant to

the Sex Offender Registration Act, the court shall

require the person to comply with sex offender

specific rules and conditions of supervision

established by the Department of Corrections and

require the person to participate in a treatment

program designed for the treatment of sex offenders

during the period of time while the offender is

subject to supervision by the Department of

Corrections. The treatment program shall include

polygraph examinations specifically designed for use

with sex offenders for purposes of supervision and

treatment compliance, and shall be administered not

less than each six (6) months during the period of

supervision. The examination shall be administered by

a certified licensed polygraph examiner. The

treatment program must be approved by the Department

of Corrections or the Department of Mental Health and

Substance Abuse Services. Such treatment shall be at

the expense of the defendant based on the defendant's

ability to pay,

Oklahoma Statutes - Title 22. Criminal Procedure Page 610

gg. in addition to other sentencing powers of the court,

the court in the case of a defendant being sentenced

for a felony conviction for a violation of Section 2-

402 of Title 63 of the Oklahoma Statutes which

involves marijuana may require the person to

participate in a drug court program, if available. If

a drug court program is not available, the defendant

may be required to participate in a community

sanctions program, if available,

hh. in the case of a person convicted of any false or

bogus check violation, as defined in Section 1541.4 of

Title 21 of the Oklahoma Statutes, impose a fee of
h

involves marijuana may require the person to

participate in a drug court program, if available. If

a drug court program is not available, the defendant

may be required to participate in a community

sanctions program, if available,

hh. in the case of a person convicted of any false or

bogus check violation, as defined in Section 1541.4 of

Title 21 of the Oklahoma Statutes, impose a fee of

Twenty-five Dollars ($25.00) to the victim for each

check, and impose a bogus check fee to be paid to the

district attorney. The bogus check fee paid to the

district attorney shall be equal to the amount

assessed as court costs plus Twenty-five Dollars

($25.00) for each check upon filing of the case in

district court. This money shall be deposited in the

Bogus Check Restitution Program Fund as established in

subsection B of Section 114 of this title.

Additionally, the court may require the offender to

pay restitution and bogus check fees on any other

bogus check or checks that have been submitted to the

Bogus Check Restitution Program, and

ii. any other provision specifically ordered by the court.

However, any such order for restitution, community service,

payment to a local certified crime stoppers program, payment to the

Oklahoma Reward System or confinement in the county jail, or a

combination thereof, shall be made in conjunction with probation and

shall be made a condition of the suspended sentence.

However, unless under the supervision of the district attorney,

the offender shall be required to pay Forty Dollars ($40.00) per

month to the district attorney during the first two (2) years of

probation to compensate the district attorney for the costs incurred

during the prosecution of the offender and for the additional work

of verifying the compliance of the offender with the rules and

conditions of his or her probation. The district attorney may waive

any part of this requirement in the best interests of justice. The

court shall not waive, suspend, defer or dismiss the costs of

prosecution in its entirety. However, if the court determines that

a reduction in the fine, costs and costs of prosecution is

warranted, the court shall equally apply the same percentage

reduction to the fine, costs and costs of prosecution owed by the

offender;

2. Impose a fine prescribed by law for the offense, with or

without probation or commitment and with or without restitution or

Oklahoma Statutes - Title 22. Criminal Procedure Page 611

service as provided for in this section, Section 991a-4.1 of this

title or Section 227 of Title 57 of the Oklahoma Statutes;

3. Commit such person for confinement provided for by law with

or without restitution as provided for in this section;

4. Order the defendant to reimburse the Oklahoma State Bureau

of Investigation for costs incurred by that agency during its

investigation of the crime for which the defendant pleaded guilty,

nolo contendere or was convicted including compensation for

laboratory, technical or investigation services performed by the

Bureau if, in the opinion of the court, the defendant is able to pay

without imposing manifest hardship on the defendant, and if the

costs incurred by the Bureau during the investigation of the

defendant's case may be determined with reasonable certainty;

5. Order the defendant to reimburse the Oklahoma State Bureau

of Investigation for all costs incurred by that agency for cleaning

up an illegal drug laboratory site for which the defendant pleaded

guilty, nolo contendere or was convicted. The court clerk shall

collect the amount and may retain five percent (5%) of such monies

to be deposited in the Court Clerk's Revolving Fund to cover

administrative costs and shall remit the remainder to the Oklahoma

State Bureau of Investigation to be deposited in the OSBI Revolving

Fund established by Section 150.19a of Title 74 of the Oklahoma

Statutes;

6. In the case of nonviolent felony offenses, sentence such
llect the amount and may retain five percent (5%) of such monies

to be deposited in the Court Clerk's Revolving Fund to cover

administrative costs and shall remit the remainder to the Oklahoma

State Bureau of Investigation to be deposited in the OSBI Revolving

Fund established by Section 150.19a of Title 74 of the Oklahoma

Statutes;

6. In the case of nonviolent felony offenses, sentence such

person to the Community Service Sentencing Program;

7. In addition to the other sentencing powers of the court, in

the case of a person convicted of operating or being in control of a

motor vehicle while the person was under the influence of alcohol,

other intoxicating substance or a combination of alcohol or another

intoxicating substance, or convicted of operating a motor vehicle

while the ability of the person to operate such vehicle was impaired

due to the consumption of alcohol, require such person:

a. to participate in an alcohol and drug assessment and

evaluation by an assessment agency or assessment

personnel certified by the Department of Mental Health

and Substance Abuse Services pursuant to Section 3-460

of Title 43A of the Oklahoma Statutes and, as

determined by the assessment, participate in an

alcohol and drug substance abuse course or treatment

program or both, pursuant to Sections 3-452 and 3-453

of Title 43A of the Oklahoma Statutes,

b. to attend a victims impact panel program, as defined

in subsection H of this section, and to pay a fee of

Seventy-five Dollars ($75.00) as set by the governing

authority of the program and approved by the court, to

the program to offset the cost of participation by the

Oklahoma Statutes - Title 22. Criminal Procedure Page 612

defendant, if in the opinion of the court the

defendant has the ability to pay such fee,

c. to both participate in the alcohol and drug substance

abuse course or treatment program, pursuant to

subparagraph a of this paragraph and attend a victims

impact panel program, pursuant to subparagraph b of

this paragraph,

d. to install, at the expense of the person, an ignition

interlock device approved by the Board of Tests for

Alcohol and Drug Influence, upon every motor vehicle

operated by such person and to require that a notation

of this restriction be affixed to the person's driver

license at the time of reinstatement of the license.

The restriction shall remain on the driver license for

such period as the court shall determine. The

restriction may be modified or removed by order of the

court and notice of the order shall be given to

Service Oklahoma. Upon the expiration of the period

for the restriction, Service Oklahoma shall remove the

restriction without further court order. Failure to

comply with the order to install an ignition interlock

device or operating any vehicle without such device

during the period of restriction shall be a violation

of the sentence and may be punished as deemed proper

by the sentencing court, or

e. beginning January 1, 1993, to submit to electronically

monitored home detention administered and supervised

by the Department of Corrections, and to pay to the

Department a monitoring fee, not to exceed Seventy-

five Dollars ($75.00) a month, to the Department of

Corrections, if in the opinion of the court the

defendant has the ability to pay such fee. Any fees

collected pursuant to this subparagraph shall be

deposited in the Department of Corrections Revolving

Fund. Any order by the court for the payment of the

monitoring fee, if willfully disobeyed, may be

enforced as an indirect contempt of court;

8. In addition to the other sentencing powers of the court, in

the case of a person convicted of prostitution pursuant to Section

1029 of Title 21 of the Oklahoma Statutes, require such person to

receive counseling for the behavior which may have caused such

person to engage in prostitution activities. Such person may be
willfully disobeyed, may be

enforced as an indirect contempt of court;

8. In addition to the other sentencing powers of the court, in

the case of a person convicted of prostitution pursuant to Section

1029 of Title 21 of the Oklahoma Statutes, require such person to

receive counseling for the behavior which may have caused such

person to engage in prostitution activities. Such person may be

required to receive counseling in areas including but not limited to

alcohol and substance abuse, sexual behavior problems or domestic

abuse or child abuse problems;

9. In addition to the other sentencing powers of the court, in

the case of a person convicted of any crime related to domestic

Oklahoma Statutes - Title 22. Criminal Procedure Page 613

abuse, as defined in Section 60.1 of this title, the court may

require the defendant to undergo the treatment or participate in the

counseling services necessary to bring about the cessation of

domestic abuse against the victim. The defendant may be required to

pay all or part of the cost of the treatment or counseling services;

10. In addition to the other sentencing powers of the court,

the court, in the case of a sex offender sentenced after November 1,

1989, and required by law to register pursuant to the Sex Offenders

Registration Act, shall require the defendant to participate in a

treatment program designed specifically for the treatment of sex

offenders, if available. The treatment program will include

polygraph examinations specifically designed for use with sex

offenders for the purpose of supervision and treatment compliance,

provided the examination is administered by a certified licensed

polygraph examiner. The treatment program must be approved by the

Department of Corrections or the Department of Mental Health and

Substance Abuse Services. Such treatment shall be at the expense of

the defendant based on the ability of the defendant to pay;

11. In addition to the other sentencing powers of the court,

the court, in the case of a person convicted of abuse or neglect of

a child, as defined in Section 1-1-105 of Title 10A of the Oklahoma

Statutes, may require the person to undergo treatment or to

participate in counseling services. The defendant may be required

to pay all or part of the cost of the treatment or counseling

services;

12. In addition to the other sentencing powers of the court,

the court, in the case of a person convicted of cruelty to animals

pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may

require the person to pay restitution to animal facilities for

medical care and any boarding costs of victimized animals;

13. In addition to the other sentencing powers of the court, a

sex offender who is habitual or aggravated as defined by Section 584

of Title 57 of the Oklahoma Statutes and who is required to register

as a sex offender pursuant to the Sex Offenders Registration Act

shall be supervised by the Department of Corrections for the

duration of the registration period and shall be assigned to a

global position monitoring device by the Department of Corrections

for the duration of the registration period. The cost of such

monitoring device shall be reimbursed by the offender;

14. In addition to the other sentencing powers of the court, in

the case of a sex offender who is required by law to register

pursuant to the Sex Offenders Registration Act, the court may

prohibit the person from accessing or using any Internet social

networking website that has the potential or likelihood of allowing

the sex offender to have contact with any child who is under the age

of eighteen (18) years;

Oklahoma Statutes - Title 22. Criminal Procedure Page 614

15. In addition to the other sentencing powers of the court, in

the case of a sex offender who is required by law to register

pursuant to the Sex Offenders Registration Act, the court shall

require the person to register any electronic mail address
ex offender to have contact with any child who is under the age

of eighteen (18) years;

Oklahoma Statutes - Title 22. Criminal Procedure Page 614

15. In addition to the other sentencing powers of the court, in

the case of a sex offender who is required by law to register

pursuant to the Sex Offenders Registration Act, the court shall

require the person to register any electronic mail address

information, instant message, chat or other Internet communication

name or identity information that the person uses or intends to use

while accessing the Internet or used for other purposes of social

networking or other similar Internet communication; or

16. In addition to the other sentencing powers of the court,

and pursuant to the terms and conditions of a written plea

agreement, the court may prohibit the defendant from entering,

visiting or residing within the judicial district in which the

defendant was convicted until after completion of his or her

sentence; provided, however, the court shall ensure that the

defendant has access to those services or programs for which the

defendant is required to participate as a condition of probation.

When seeking to enter the prohibited judicial district for personal

business not related to his or her criminal case, the defendant

shall be required to obtain approval by the court.

B. Notwithstanding any other provision of law, any person who

is found guilty of a violation of any provision of Section 761 or

11-902 of Title 47 of the Oklahoma Statutes or any person pleading

guilty or nolo contendere for a violation of any provision of such

sections shall be ordered to participate in, prior to sentencing, an

alcohol and drug assessment and evaluation by an assessment agency

or assessment personnel certified by the Department of Mental Health

and Substance Abuse Services for the purpose of evaluating the

receptivity to treatment and prognosis of the person. The court

shall order the person to reimburse the agency or assessor for the

evaluation. The fee shall be the amount provided in subsection C of

Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation

shall be conducted at a certified assessment agency, the office of a

certified assessor or at another location as ordered by the court.

The agency or assessor shall, within seventy-two (72) hours from the

time the person is assessed, submit a written report to the court

for the purpose of assisting the court in its final sentencing

determination. No person, agency or facility operating an alcohol

and drug substance abuse evaluation program certified by the

Department of Mental Health and Substance Abuse Services shall

solicit or refer any person evaluated pursuant to this subsection

for any treatment program or alcohol and drug substance abuse

service in which such person, agency or facility has a vested

interest; however, this provision shall not be construed to prohibit

the court from ordering participation in or any person from

voluntarily utilizing a treatment program or alcohol and drug

substance abuse service offered by such person, agency or facility.

If a person is sentenced to the custody of the Department of

Oklahoma Statutes - Title 22. Criminal Procedure Page 615

Corrections and the court has received a written evaluation report

pursuant to this subsection, the report shall be furnished to the

Department of Corrections with the judgment and sentence. Any

evaluation report submitted to the court pursuant to this subsection

shall be handled in a manner which will keep such report

confidential from the general public's review. Nothing contained in

this subsection shall be construed to prohibit the court from

ordering judgment and sentence in the event the defendant fails or

refuses to comply with an order of the court to obtain the

evaluation required by this subsection.

C. When sentencing a person convicted of a crime, the court
n a manner which will keep such report

confidential from the general public's review. Nothing contained in

this subsection shall be construed to prohibit the court from

ordering judgment and sentence in the event the defendant fails or

refuses to comply with an order of the court to obtain the

evaluation required by this subsection.

C. When sentencing a person convicted of a crime, the court

shall first consider a program of restitution for the victim, as

well as imposition of a fine or incarceration of the offender. The

provisions of paragraph 1 of subsection A of this section shall not

apply to defendants being sentenced upon their third or subsequent

to their third conviction of a felony. Provided, the court may

waive these prohibitions upon written application of the district

attorney. Both the application and the waiver shall be made part of

the record of the case.

D. When sentencing a person convicted of a crime, the judge

shall consider any victim impact statements if submitted to the

jury, or the judge in the event a jury is waived.

E. Probation, for purposes of subsection A of this section, is

a procedure by which a defendant found guilty of a crime, whether

upon a verdict or plea of guilty or upon a plea of nolo contendere,

is released by the court subject to conditions imposed by the court

and subject to supervision by the Department of Corrections, a

private supervision provider or other person designated by the

court. Such supervision shall be initiated upon an order of

probation from the court, and shall not exceed two (2) years, unless

a petition alleging a violation of any condition of deferred

judgment or seeking revocation of the suspended sentence is filed

during the supervision, or as otherwise provided by law. In the

case of a person convicted of a sex offense, supervision shall begin

immediately upon release from incarceration or if parole is granted

and shall not be limited to two (2) years. Provided further, any

supervision provided for in this section may be extended for a

period not to exceed the expiration of the maximum term or terms of

the sentence upon a determination by the court or the Division of

Probation and Parole of the Department of Corrections that the best

interests of the public and the release will be served by an

extended period of supervision.

F. The Department of Corrections, or such other agency as the

court may designate, shall be responsible for the monitoring and

administration of the restitution and service programs provided for

by subparagraphs a, c and d of paragraph 1 of subsection A of this

Oklahoma Statutes - Title 22. Criminal Procedure Page 616

section, and shall ensure that restitution payments are forwarded to

the victim and that service assignments are properly performed.

G. 1. The Department of Corrections is hereby authorized,

subject to funds available through appropriation by the Legislature,

to contract with counties for the administration of county Community

Service Sentencing Programs.

2. Any offender eligible to participate in the Program pursuant

to this section shall be eligible to participate in a county

Program; provided, participation in county-funded Programs shall not

be limited to offenders who would otherwise be sentenced to

confinement with the Department of Corrections.

3. The Department shall establish criteria and specifications

for contracts with counties for such Programs. A county may apply

to the Department for a contract for a county-funded Program for a

specific period of time. The Department shall be responsible for

ensuring that any contracting county complies in full with

specifications and requirements of the contract. The contract shall

set appropriate compensation to the county for services to the

Department.

4. The Department is hereby authorized to provide technical

assistance to any county in establishing a Program, regardless of
specific period of time. The Department shall be responsible for

ensuring that any contracting county complies in full with

specifications and requirements of the contract. The contract shall

set appropriate compensation to the county for services to the

Department.

4. The Department is hereby authorized to provide technical

assistance to any county in establishing a Program, regardless of

whether the county enters into a contract pursuant to this

subsection. Technical assistance shall include appropriate

staffing, development of community resources, sponsorship,

supervision and any other requirements.

5. The Department shall annually make a report to the Governor,

the President Pro Tempore of the Senate and the Speaker of the House

on the number of such Programs, the number of participating

offenders, the success rates of each Program according to criteria

established by the Department and the costs of each Program.

H. As used in this section:

1. "Ignition interlock device" means a device that, without

tampering or intervention by another person, would prevent the

defendant from operating a motor vehicle if the defendant has a

blood or breath alcohol concentration of two-hundredths (0.02) or

greater;

2. "Electronically monitored home detention" means

incarceration of the defendant within a specified location or

locations with monitoring by means of a device approved by the

Department of Corrections that detects if the person leaves the

confines of any specified location; and

3. "Victims impact panel program" means a program conducted by

a corporation registered with the Secretary of State in Oklahoma for

the sole purpose of operating a victims impact panel program. The

program shall include live presentations from presenters who will

share personal stories with participants about how alcohol, drug

abuse, the operation of a motor vehicle while using an electronic

Oklahoma Statutes - Title 22. Criminal Procedure Page 617

communication device or the illegal conduct of others has personally

impacted the lives of the presenters. A victims impact panel

program shall be attended by persons who have committed the offense

of driving, operating or being in actual physical control of a motor

vehicle while under the influence of alcohol or other intoxicating

substance, operating a motor vehicle while the ability of the person

to operate such vehicle was impaired due to the consumption of

alcohol or any other substance or operating a motor vehicle while

using an electronic device or by persons who have been convicted of

furnishing alcoholic beverage to persons under twenty-one (21) years

of age, as provided in Sections 6-101 and 6-120 of Title 37A of the

Oklahoma Statutes. Persons attending a victims impact panel program

shall be required to pay a fee of Seventy-five Dollars ($75.00) to

the provider of the program. A certificate of completion shall be

issued to the person upon satisfying the attendance and fee

requirements of the victims impact panel program. The certificate

of completion shall contain the business identification number of

the program provider. A certified assessment agency, certified

assessor or provider of an alcohol and drug substance abuse course

shall be prohibited from providing a victims impact panel program

and shall further be prohibited from having any proprietary or

pecuniary interest in a victims impact panel program. The provider

of the victims impact panel program shall carry general liability

insurance and maintain an accurate accounting of all business

transactions and funds received in relation to the victims impact

panel program. Beginning October 1, 2020, and each October 1

thereafter, the provider of the victims impact panel program shall

provide to the District Attorneys Council the following:

a. proof of registration with the Oklahoma Secretary of

State,

b. proof of general liability insurance,
an accurate accounting of all business

transactions and funds received in relation to the victims impact

panel program. Beginning October 1, 2020, and each October 1

thereafter, the provider of the victims impact panel program shall

provide to the District Attorneys Council the following:

a. proof of registration with the Oklahoma Secretary of

State,

b. proof of general liability insurance,

c. end-of-year financial statements prepared by a

certified public accountant,

d. a copy of federal income tax returns filed with the

Internal Revenue Service,

e. a registration fee of One Thousand Dollars

($1,000.00). The registration fee shall be deposited

in the District Attorneys Council Revolving Fund

created in Section 215.28 of Title 19 of the Oklahoma

Statutes, and

f. a statement certifying that the provider of the

victims impact panel program has complied with all of

the requirements set forth in this paragraph.

I. A person convicted of a felony offense or receiving any form

of probation for an offense in which registration is required

pursuant to the Sex Offenders Registration Act, shall submit to

deoxyribonucleic acid (DNA) testing for law enforcement

Oklahoma Statutes - Title 22. Criminal Procedure Page 618

identification purposes in accordance with Section 150.27 of Title

74 of the Oklahoma Statutes and the rules promulgated by the

Oklahoma State Bureau of Investigation for the OSBI Combined DNA

Index System (CODIS) Database. Subject to the availability of

funds, any person convicted of a misdemeanor offense of assault and

battery, domestic abuse, stalking, possession of a controlled

substance prohibited under the Uniform Controlled Dangerous

Substances Act, outraging public decency, resisting arrest, escape

or attempting to escape, eluding a police officer, Peeping Tom,

pointing a firearm, threatening an act of violence, breaking and

entering a dwelling place, destruction of property, negligent

homicide or causing a personal injury accident while driving under

the influence of any intoxicating substance, or any alien unlawfully

present under federal immigration law, upon arrest, shall submit to

DNA testing for law enforcement identification purposes in

accordance with Section 150.27 of Title 74 of the Oklahoma Statutes

and the rules promulgated by the Oklahoma State Bureau of

Investigation for the OSBI Combined DNA Index System (CODIS)

Database. Any defendant sentenced to probation shall be required to

submit to testing within thirty (30) days of sentencing either to

the Department of Corrections or to the county sheriff or other

peace officer as directed by the court. Defendants who are

sentenced to a term of incarceration shall submit to testing in

accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,

for those defendants who enter the custody of the Department of

Corrections or to the county sheriff, for those defendants sentenced

to incarceration in a county jail. Convicted individuals who have

previously submitted to DNA testing under this section and for whom

a valid sample is on file in the OSBI Combined DNA Index System

(CODIS) Database at the time of sentencing shall not be required to

submit to additional testing. Except as required by the Sex

Offenders Registration Act, a deferred judgment does not require

submission to DNA testing.

Any person who is incarcerated in the custody of the Department

of Corrections after July 1, 1996, and who has not been released

before January 1, 2006, shall provide a blood or saliva sample prior

to release. Every person subject to DNA testing after January 1,

2006, whose sentence does not include a term of confinement with the

Department of Corrections shall submit a blood or saliva sample.

Every person subject to DNA testing who is sentenced to unsupervised

probation or otherwise not supervised by the Department of

Corrections shall submit for blood or saliva testing to the sheriff
to release. Every person subject to DNA testing after January 1,

2006, whose sentence does not include a term of confinement with the

Department of Corrections shall submit a blood or saliva sample.

Every person subject to DNA testing who is sentenced to unsupervised

probation or otherwise not supervised by the Department of

Corrections shall submit for blood or saliva testing to the sheriff

of the sentencing county.

J. Samples of blood or saliva for DNA testing required by

subsection I of this section shall be taken by employees or

contractors of the Department of Corrections, peace officers, or the

county sheriff or employees or contractors of the sheriff's office.

Oklahoma Statutes - Title 22. Criminal Procedure Page 619

The individuals shall be properly trained to collect blood or saliva

samples. Persons collecting blood or saliva for DNA testing

pursuant to this section shall be immune from civil liabilities

arising from this activity. All collectors of DNA samples shall

ensure the collection of samples are mailed to the Oklahoma State

Bureau of Investigation within ten (10) days of the time the subject

appears for testing or within ten (10) days of the date the subject

comes into physical custody to serve a term of incarceration. All

collectors of DNA samples shall use sample kits provided by the OSBI

and procedures promulgated by the OSBI. Persons subject to DNA

testing who are not received at the Lexington Assessment and

Reception Center shall be required to pay a fee of Fifteen Dollars

($15.00) to the agency collecting the sample for submission to the

OSBI Combined DNA Index System (CODIS) Database. Any fees collected

pursuant to this subsection shall be deposited in the revolving

account or the service fee account of the collection agency or

department.

K. When sentencing a person who has been convicted of a crime

that would subject that person to the provisions of the Sex

Offenders Registration Act, neither the court nor the district

attorney shall be allowed to waive or exempt such person from the

registration requirements of the Sex Offenders Registration Act.