Okla. Stat. tit. 22, § 22-991c

A. Upon a verdict or plea of guilty or upon a plea of nolo

contendere, but before a judgment of guilt, the court may, without

entering a judgment of guilt and with the consent of the defendant,

defer further proceedings upon the specific conditions prescribed by

the court not to exceed a seven-year period, except as authorized

under subsection B of this section. The court shall first consider

restitution among the various conditions it may prescribe. The

court may also consider ordering the defendant to:

1. Pay court costs;

2. Pay an assessment in lieu of any fine authorized by law for

the offense;

3. Pay any other assessment or cost authorized by law;

4. Engage in a term of community service without compensation,

according to a schedule consistent with the employment and family

responsibilities of the defendant;

5. County jail confinement for a period not to exceed ninety

(90) days or the maximum amount of jail time provided for the

offense, if it is less than ninety (90) days;

6. Pay an amount as reimbursement for reasonable attorney fees,

to be paid into the court fund, if a court-appointed attorney has

been provided to the defendant;

7. Be supervised in the community for a period not to exceed

eighteen (18) months, unless a petition alleging violation of any

condition of deferred judgment is filed during the period of

supervision. As a condition of any supervision, the defendant shall

be required to pay a supervision fee of Forty Dollars ($40.00) per

month. The supervision fee shall be waived in whole or part by the

Oklahoma Statutes - Title 22. Criminal Procedure Page 333

supervisory agency when the accused is indigent. Any fees collected

by the district attorney pursuant to this paragraph shall be

deposited in the General Revenue Fund of the State Treasury. No

person shall be denied supervision based solely on the inability of

the person to pay a fee;

8. Pay into the court fund a monthly amount not exceeding Forty

Dollars ($40.00) per month during any period during which the

proceedings are deferred when the defendant is not to be supervised

in the community. The total amount to be paid into the court fund

shall be established by the court and shall not exceed the amount of

the maximum fine authorized by law for the offense;

9. Make other reparations to the community or victim as

required and deemed appropriate by the court;

10. Order any conditions which can be imposed for a suspended

sentence pursuant to paragraph 1 of subsection A of Section 991a of

this title; or

11. Any combination of the provisions in paragraphs 1 through

10 of this subsection.

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 may waive the costs of prosecution in the same manner as the

court waives financial obligations pursuant to Section 983 of this

title. Any unpaid costs of prosecution shall be waived if the

deferred sentence of an offender expires without being accelerated.

Any fees collected by the district attorney pursuant to this

paragraph shall be deposited in the General Revenue Fund of the

State Treasury.

B. When the court has ordered restitution as a condition of

supervision as provided for in subsection A of this section and that

condition has not been satisfied, the court may, at any time prior

to the termination or expiration of the supervision period, order an

extension of supervision for a period not to exceed three (3) years.
deposited in the General Revenue Fund of the

State Treasury.

B. When the court has ordered restitution as a condition of

supervision as provided for in subsection A of this section and that

condition has not been satisfied, the court may, at any time prior

to the termination or expiration of the supervision period, order an

extension of supervision for a period not to exceed three (3) years.

C. In addition to any conditions of supervision provided for in

subsection A of this section, the court shall, in the case of a

person before the court for the offense 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 and another intoxicating substance, or who is before the

court for the offense of operating a motor vehicle while the ability

of the person to operate such vehicle was impaired due to the

consumption of alcohol, require the person to participate in an

Oklahoma Statutes - Title 22. Criminal Procedure Page 334

alcohol and drug substance abuse evaluation program offered by a

facility or qualified practitioner 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 facility or

qualified practitioner for the evaluation. The Department of Mental

Health and Substance Abuse Services shall establish a fee schedule,

based upon the ability of a person to pay, provided the fee for an

evaluation shall not exceed Seventy-five Dollars ($75.00). The

evaluation shall be conducted at a certified facility, the office of

a qualified practitioner or at another location as ordered by the

court. The facility or qualified practitioner 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 determination of conditions for deferred sentence. 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 the

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. Any evaluation report

submitted to the court pursuant to this subsection shall be handled

in a manner which will keep the report confidential from review by

the general public. 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.

As used in this subsection, “qualified practitioner” means a person

with at least a bachelor’s degree in substance abuse treatment,

mental health or a related health care field and at least two (2)

years of experience in providing alcohol abuse treatment, other drug

abuse treatment, or both alcohol and other drug abuse treatment who

is certified each year by the Department of Mental Health and

Substance Abuse Services to provide these assessments. However, any

person who does not meet the requirements for a qualified

practitioner as defined herein, but who has been previously

certified by the Department of Mental Health and Substance Abuse

Services to provide alcohol or drug treatment or assessments, shall

be considered a qualified practitioner provided all education,

experience and certification requirements stated herein are met by
However, any

person who does not meet the requirements for a qualified

practitioner as defined herein, but who has been previously

certified by the Department of Mental Health and Substance Abuse

Services to provide alcohol or drug treatment or assessments, shall

be considered a qualified practitioner provided all education,

experience and certification requirements stated herein are met by

September 1, 1995. The court may also require the person to

participate in one or both of the following:

Oklahoma Statutes - Title 22. Criminal Procedure Page 335

1. An alcohol and drug substance abuse course, pursuant to

Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and

2. A victims impact panel program, as defined in subsection H

of Section 991a of this title, if such a program is offered in the

county where the judgment is rendered. The defendant shall be

required 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

victims impact panel program to offset the cost of participation by

the defendant, if in the opinion of the court the defendant has the

ability to pay such fee.

D. Upon completion of the conditions of the deferred judgment,

and upon a finding by the court that the conditions have been met

and all fines, fees, and monetary assessments have been paid as

ordered, the defendant shall be discharged without a court judgment

of guilt, and the court shall order the verdict or plea of guilty or

plea of nolo contendere to be expunged from the record and the

charge shall be dismissed with prejudice to any further action. The

procedure to expunge the record of the defendant shall be as

follows:

1. All references to the name of the defendant shall be deleted

from the docket sheet;

2. The public index of the filing of the charge shall be

expunged by deletion, mark-out or obliteration;

3. Upon expungement, the court clerk shall keep a separate

confidential index of case numbers and names of defendants which

have been obliterated pursuant to the provisions of this section;

4. No information concerning the confidential file shall be

revealed or released, except upon written order of a judge of the

district court or upon written request by the named defendant to the

court clerk for the purpose of updating the criminal history record

of the defendant with the Oklahoma State Bureau of Investigation;

and

5. Defendants qualifying under Section 18 of this title may

petition the court to have the filing of the indictment and the

dismissal expunged from the public index and docket sheet. This

section shall not be mutually exclusive of Section 18 of this title.

Records expunged pursuant to this subsection shall be sealed to

the public but not to law enforcement agencies for law enforcement

purposes. Records expunged pursuant to this subsection shall be

admissible in any subsequent criminal prosecution to prove the

existence of a prior conviction or prior deferred judgment without

the necessity of a court order requesting the unsealing of such

records.

E. The provisions of subsection D of this section shall be

retroactive.

F. Whenever a judgment has been deferred by the court according

to the provisions of this section, deferred judgment may not be

Oklahoma Statutes - Title 22. Criminal Procedure Page 336

accelerated for any technical violation unless a petition setting

forth the grounds for such acceleration is filed by the district

attorney with the clerk of the sentencing court and competent

evidence justifying the acceleration of the judgment is presented to

the court at a hearing to be held for that purpose. The hearing

shall be held not more than twenty (20) days after the entry of the

plea of not guilty to the petition, unless waived by both the state

and the defendant. Any acceleration of a deferred sentence based on

a technical violation shall not exceed ninety (90) days for a first
justifying the acceleration of the judgment is presented to

the court at a hearing to be held for that purpose. The hearing

shall be held not more than twenty (20) days after the entry of the

plea of not guilty to the petition, unless waived by both the state

and the defendant. Any acceleration of a deferred sentence based on

a technical violation shall not exceed ninety (90) days for a first

acceleration or five (5) years for a second or subsequent

acceleration.

G. Upon any violation of the deferred judgment, other than a

technical violation, the court may enter a judgment of guilt and

proceed as provided in Section 991a of this title or may modify any

condition imposed. Provided, however, if the deferred judgment is

for a felony offense, and the defendant commits another felony

offense, the defendant shall not be allowed bail pending appeal.

H. The deferred judgment procedure described in this section

shall apply only to defendants who have not been previously

convicted of a felony offense and have not received more than one

deferred judgment for a felony offense within the ten (10) years

previous to the commission of the pending offense.

Provided, the court may waive this prohibition upon written

application of the district attorney. Both the application and the

waiver shall be made a part of the record of the case.

I. The deferred judgment procedure described in this section

shall not apply to defendants found guilty or who plead guilty or

nolo contendere to a sex offense required by law to register

pursuant to the Sex Offenders Registration Act.

J. All defendants who are supervised pursuant to this section

shall be subject to the sanction process as established in

subsection D of Section 991b of this title.

K. Notwithstanding the provisions of subsections F and G of

this section, a person who is being considered for an acceleration

of a deferred judgment for an offense where the penalty has

subsequently been lowered to a misdemeanor shall only be subject to

a judgment and sentence that would have been applicable had he or

she committed the offense after July 1, 2017.