Okla. Stat. tit. 22, § 22-991b

process – Technical violations.

A. Whenever a sentence has been suspended by the court after

conviction of a person for any crime, the suspended sentence of the

person may not be revoked, in whole or part, for any cause unless a

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petition setting forth the grounds for such revocation is filed by

the district attorney with the clerk of the sentencing court and

competent evidence justifying the revocation of the suspended

sentence is presented to the court at a hearing to be held for that

purpose within twenty (20) days after the entry of the plea of not

guilty to the petition, unless waived by both the state and the

defendant. The State of Oklahoma may dismiss the petition without

prejudice one time upon good cause shown to the court, provided that

any successor petition must be filed within forty-five (45) days of

the date of the dismissal of the petition.

B. Whenever a sentence has been suspended by the court after

conviction of a person for any crime, the suspended sentence of the

person may not be revoked in whole for a technical violation unless

a petition setting forth the grounds for such revocation is filed by

the district attorney with the clerk of the sentencing court and

competent evidence justifying the revocation of the suspended

sentence is presented to the court at a hearing to be held for that

purpose within twenty (20) days after the entry of the plea of not

guilty to the petition, unless waived by both the state and the

defendant. The State of Oklahoma may dismiss the petition without

prejudice one time upon good cause shown to the court; provided,

that any successor petition must be filed within forty-five (45)

days of the date of the dismissal of the petition. Any revocation

of a suspended sentence based on a technical violation shall not

exceed six (6) months for a first revocation and five (5) years for

a second or subsequent revocation.

C. "Technical violation" as used in this section means a

violation of the court-imposed rules and conditions of probation,

other than:

1. Committing or being arrested for a new crime;

2. Attempting to falsify a drug screen, or three or more failed

drug or alcohol screens within a three-month period;

3. Failing to pay restitution;

4. Tampering with an electronic monitoring device;

5. Failing to initially report or missing assigned reporting

requirements for an excess of sixty (60) days;

6. Unlawfully contacting a victim, codefendant or criminal

associates;

7. Five or more separate and distinct technical violations

within a ninety-day period; or

8. Any violation of the Specialized Sex Offender Rules.

D. 1. The Department of Corrections shall develop a matrix of

technical violations and sanctions to address violations committed

by persons who are being supervised by the Department. The

Department shall be authorized to use a violation response and

intermediate sanction process based on the sanction matrix to apply

to any technical violations of probationers. Within four (4)

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working days of the discovery of the violation, the probation

officer shall initiate the violation response and intermediate

sanction process. The sentencing judge may authorize any

recommended sanctions, which may include, but are not limited to:

short-term jail or lockup, day treatment, program attendance,

community service, outpatient or inpatient treatment, monetary

fines, curfews, ignition interlock devices on vehicles, or a one-

time referral to a term of confinement of six (6) months in an

intermediate revocation facility operated by the Department of

Corrections; provided, upon approval of the district attorney, a

person may be sanctioned to serve additional terms of confinement in

an intermediate revocation facility. The probation officer shall

complete a sanction form, which shall specify the technical
or a one-

time referral to a term of confinement of six (6) months in an

intermediate revocation facility operated by the Department of

Corrections; provided, upon approval of the district attorney, a

person may be sanctioned to serve additional terms of confinement in

an intermediate revocation facility. The probation officer shall

complete a sanction form, which shall specify the technical

violation, sanction, and the action plan to correct the noncompliant

behavior resulting in the technical violation. The probation

officer shall refer to the sanctioning matrix to determine the

supervision, treatment, and sanctions appropriate to address the

noncompliant behavior. The probation officer shall refer the

violation information and recommended response with a sanction plan

to the Department of Corrections to be heard by a hearing officer.

The Department of Corrections shall develop a sanction matrix,

forms, policies and procedures necessary to implement this

provision. The Department of Corrections shall establish procedures

to hear responses to technical violations and review sanction plans

including the following:

a. hearing officers shall report through a chain of

command separate from that of the supervising

probation officers,

b. the Department shall provide the offender written

notice of the violation, the evidence relied upon, and

the reason the sanction was imposed,

c. the hearing shall be held unless the offender waives

the right to the hearing,

d. hearings shall be electronically recorded, and

e. the Department shall provide to judges and district

attorneys a record of all violations and actions taken

pursuant to this subsection.

2. The hearing officer shall determine based on a preponderance

of the evidence whether a technical violation occurred. Upon a

finding that a technical violation occurred, the hearing officer may

order the offender to participate in the recommended sanction plan

or may modify the plan. Offenders who accept the sanction plan

shall sign a violation response sanction form, and the hearing

officer shall then impose the sanction. Failure of the offender to

comply with the imposed sanction plan shall constitute a violation

of the rules and conditions of supervision that may result in a

revocation proceeding. If an offender does not voluntarily accept

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the recommended sanction plan, the Department shall either impose

the sanction and allow the offender to appeal to the district court,

or request a revocation proceeding as provided by law. Every

administrative hearing and sanction imposed by the Department shall

be appealable to the district court.

3. Absent a finding of willful nonpayment by the offender, the

failure of an offender to pay fines and costs may not serve as a

basis for revocation, excluding restitution.

E. 1. Where one of the grounds for revocation is the failure

of the defendant to make restitution as ordered, the Department of

Corrections shall forward to the district attorney all information

pertaining to the failure of the defendant to make timely

restitution as ordered by the court, and the district attorney shall

file a petition setting forth the grounds for revocation.

2. The defendant ordered to make restitution can petition the

court at any time for remission or a change in the terms of the

order of restitution if the defendant undergoes a change of

condition which materially affects the ability of the defendant to

comply with the order of the court.

3. At the hearing, if one of the grounds for the petition for

revocation is the failure of the defendant to make timely

restitution as ordered by the court, the court will hear evidence

and if it appears to the satisfaction of the court from such

evidence that the terms of the order of restitution create a

manifest hardship on the defendant or the immediate family of the
order of the court.

3. At the hearing, if one of the grounds for the petition for

revocation is the failure of the defendant to make timely

restitution as ordered by the court, the court will hear evidence

and if it appears to the satisfaction of the court from such

evidence that the terms of the order of restitution create a

manifest hardship on the defendant or the immediate family of the

defendant, the court may cancel all or any part of the amount still

due, or modify the terms or method of payment; provided, however,

the court shall continue to prioritize an order for payments of

restitution to the victim. Provided, if the court determines that a

reduction in the restitution still due is warranted, the court shall

equally apply the same percentage reduction to any court-ordered

monetary obligation owed by the defendant including, but not limited

to, fines, court costs and costs of incarceration.

F. The court may revoke a portion of the sentence and leave the

remaining part not revoked, but suspended for the remainder of the

term of the sentence, and under the provisions applying to it. The

person whose suspended sentence is being considered for revocation

at the hearing shall have the right to be represented by counsel, to

present competent evidence in his or her own behalf and to be

confronted by the witnesses against the defendant. Any order of the

court revoking the suspended sentence, in whole or in part, shall be

subject to review on appeal, as in other appeals of criminal cases.

Provided, however, that if the crime for which the suspended

sentence is given was a felony, the defendant may be allowed bail

pending appeal. If the reason for revocation be that the defendant

committed a felony, the defendant shall not be allowed bail pending

appeal.

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G. Notwithstanding the provisions of subsections A and B of

this section, when the suspended sentence of a person is being

considered for revocation for an offense where the penalty has

subsequently been lowered to a misdemeanor, the sentence shall be

modified to a term that does not exceed the current maximum

sentence.