Okla. Stat. tit. 22, § 22-991f

A. For the purposes of any provision of Title 22 of the

Oklahoma Statutes relating to criminal sentencing and restitution

orders and for the Restitution and Diversion Program:

1. "Restitution" means the sum to be paid by the defendant to

the victim of the criminal act to compensate that victim for up to

three times the amount of the economic loss suffered as a direct

result of the criminal act of the defendant;

2. "Victim" means any person, partnership, corporation or legal

entity that suffers an economic loss as a direct result of the

criminal act of another person;

3. "Economic loss" means actual financial detriment suffered by

the victim consisting of medical expenses actually incurred, damage

to or loss of real and personal property and any other out-of-pocket

expenses, including loss of earnings, reasonably incurred as the

direct result of the criminal act of the defendant. No other

elements of damage shall be included as an economic loss for

purposes of this section.

B. In all criminal prosecutions and juvenile proceedings in

this state, the court shall prioritize an order for payments of

restitution to the victim. When the court enters an order directing

the offender to pay restitution to any victim for economic loss or

to pay to the state any fines, fees or assessments, the order, for

purposes of validity and collection, shall not be limited to the

maximum term of imprisonment for which the offender could have been

sentenced, nor limited to any term of probation, parole, or

extension thereof, nor expire until fully satisfied. The court

order for restitution, fines, fees or assessments shall remain a

continuing obligation of the offender until fully satisfied, and the

obligation shall not be considered a debt, nor shall the obligation

be dischargeable in any bankruptcy proceeding. The court order

shall continue in full force and effect with the supervision of the

state until fully satisfied, and the state shall use all methods of

collection authorized by law. Before acceptance of a payment toward

fines, fees, or assessments, the court clerk shall inquire of the

offender whether restitution is owed on the case. If the court has

ordered restitution, the court clerk shall inform the offender that

payment of such restitution shall be prioritized over payment of

fines, fees, or assessments.

Oklahoma Statutes - Title 22. Criminal Procedure Page 340

C. 1. Upon conviction for any crime wherein property has been

stolen, converted or otherwise unlawfully obtained, or its value

substantially decreased as a direct result of the crime, or wherein

the crime victim suffered injury, loss of income, or out-of-pocket

loss, the individuals criminally responsible shall be sentenced to

make restitution. Restitution may be ordered in addition to the

punishments prescribed by law.

2. The court shall order full restitution based upon the

following considerations:

a. the nature and amount of restitution shall be

sufficient to restore the crime victim to the

equivalent economic status existing prior to the

losses sustained as a direct result of the crime, and

may allow the crime victim to receive payment in

excess of the losses sustained; provided, the excess

amount of restitution shall not be more than treble

the actual economic loss incurred, and

b. the amount of restitution shall be established

regardless of the financial resources of the offender.

3. The court:

a. may direct the return of property to be made as soon

as practicable and make an award of restitution in the

amount of the loss of value to the property itself as

a direct result of the crime, including out-of-pocket

expenses and loss of earnings incurred as a result of

damage to or loss of use of the property, the cost to

return the property to the victim or to restore the

property to its pre-crime condition whichever may be

appropriate under the circumstances,

b. may order restitution in a lump sum or by such
loss of value to the property itself as

a direct result of the crime, including out-of-pocket

expenses and loss of earnings incurred as a result of

damage to or loss of use of the property, the cost to

return the property to the victim or to restore the

property to its pre-crime condition whichever may be

appropriate under the circumstances,

b. may order restitution in a lump sum or by such

schedules as may be established and thereafter

adjusted by agreement consistent with the order of the

court,

c. shall have the authority to amend or alter any order

of restitution made pursuant to this section providing

that the court shall state its reasons and conclusions

as a matter of record for any change or amendment to

any previous order,

d. may order interest upon any ordered restitution sum to

accrue at the rate of twelve percent (12%) per annum

until the restitution is paid in full. The court may

further order such interest to be paid to the victims

of the crime or proportion the interest payment

between the victims and the court fund, and/or the

Restitution and Diversion Program, in the discretion

of the court, and

Oklahoma Statutes - Title 22. Criminal Procedure Page 341

e. shall consider any pre-existing orders imposed on the

defendant, including, but not limited to, orders

imposed under civil and criminal proceedings.

D. If restitution to more than one person, agency or entity is

set at the same time, the court shall establish the following

priorities of payment:

1. The crime victim or victims; and

2. Any other government agency which has provided reimbursement

to the victim as a result of the offender's criminal conduct.

E. 1. The district attorney's office shall present the crime

victim's restitution claim to the court at the time of the

conviction of the offender or the restitution provisions shall be

included in the written plea agreement presented to the court, in

which case, the restitution claim shall be reviewed by the judge

prior to acceptance of the plea agreement.

2. At the initiation of the prosecution of the defendant, the

district attorney's office shall provide all identifiable crime

victims with written and oral information explaining their rights

and responsibilities to receive restitution established under this

section.

3. The district attorney's office shall provide all crime

victims, regardless of whether the crime victim makes a specific

request, with an official request for restitution form to be

completed and signed by the crime victim, and to include all

invoices, bills, receipts, and other evidence of injury, loss of

earnings and out-of-pocket loss. This form shall be filed with any

victim impact statement to be included in the judgment and sentence.

Every crime victim receiving the restitution claim form shall be

provided assistance and direction to properly complete the form.

4. The official restitution request form shall be presented in

all cases regardless of whether the case is brought to trial. In a

plea bargain, the district attorney in every case where the victim

has suffered economic loss, shall, as a part of the plea bargain,

require that the offender pay restitution to the crime victim. The

district attorney shall be authorized to act as a clearing house for

collection and disbursement of restitution payments made pursuant to

this section, and shall assess a fee of One Dollar ($1.00) per

payment received from the defendant, except when the defendant is

sentenced to incarceration in the Department of Corrections.

F. The crime victim shall provide all documentation and

evidence of compensation or reimbursement from insurance companies

or agencies of this state, any other state, or the federal

government received as a direct result of the crime for injury, loss

of earnings or out-of-pocket loss.

G. The court shall, upon motion by the crime victim, redact

from the submitted documentation all personal information relating
m shall provide all documentation and

evidence of compensation or reimbursement from insurance companies

or agencies of this state, any other state, or the federal

government received as a direct result of the crime for injury, loss

of earnings or out-of-pocket loss.

G. The court shall, upon motion by the crime victim, redact

from the submitted documentation all personal information relating

to the crime victim that does not directly and necessarily establish

Oklahoma Statutes - Title 22. Criminal Procedure Page 342

the authenticity of any document or substantiate the asserted amount

of the restitution claim.

H. The unexcused failure or refusal of the crime victim to

provide all or part of the requisite information prior to the

sentencing, unless disclosure is deferred by the court, shall

constitute a waiver of any grounds to appeal or seek future

amendment or alteration of the restitution order predicated on the

undisclosed available information. The court shall order the

offender to submit either as part of the pre-sentence investigation

or assessment and evaluation required for a community sentence or,

if no pre-sentence investigation is conducted, in advance of the

sentencing proceeding such information as the court may direct and

finds necessary to be disclosed for the purpose of ascertaining the

type and manner of restitution to be ordered.

I. The willful failure or refusal of the offender to provide

all or part of the requisite information prior to the sentencing,

unless disclosure is deferred by the court shall not deprive the

court of the authority to set restitution or set the schedule of

payment. The willful failure or refusal of the offender to provide

all or part of the requisite information prior to the sentencing,

unless disclosure is deferred by the court, shall constitute a

waiver of any grounds to appeal or seek future amendment or

alteration of the restitution order predicated on the undisclosed

information. The willful failure or refusal of the offender to

provide all or part of the requisite information prior to

sentencing, unless disclosure is deferred by the court, shall

constitute an act of contempt.

J. The court shall conduct such hearings or proceedings as it

deems necessary to set restitution and payment schedules at the time

of sentencing or may bifurcate the sentencing and defer the hearing

or proceedings relating to the imposition of restitution as justice

may require. Amendments or alterations to the restitution order may

be made upon the court's own motion, petition by the crime victim or

petition by the offender.

K. An offender who files a meritless or frivolous petition for

amendment or alteration to the restitution order shall pay the costs

of the proceeding on the petition and shall have added to the

existing restitution order the additional loss of earnings and out-

of-pocket loss incurred by the crime victim in responding to the

petition.

L. The restitution request form shall be promulgated by the

District Attorneys Council and provided to all district attorney

offices.

M. If a defendant who is financially able refuses or neglects

to pay restitution as ordered by this section, payment may be

enforced:

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1. By contempt of court as provided in subsection A of Section

566 of Title 21 of the Oklahoma Statutes with imprisonment or fine

or both;

2. In the same manner as prescribed in subsection N of this

section for a defendant who is without means to make such

restitution payment; or

3. Revocation of the criminal sentence if the sentence imposed

was a suspended or deferred sentence or a community sentence.

N. If the defendant is without means to pay the restitution,

the judge may direct the total amount due, or any portion thereof,

to be entered upon the court minutes and to be certified in the

district court of the county where it shall then be entered upon the
ment; or

3. Revocation of the criminal sentence if the sentence imposed

was a suspended or deferred sentence or a community sentence.

N. If the defendant is without means to pay the restitution,

the judge may direct the total amount due, or any portion thereof,

to be entered upon the court minutes and to be certified in the

district court of the county where it shall then be entered upon the

district court judgment docket and shall have the full force and

effect of a district court judgment in a civil case. Thereupon the

same remedies shall be available for the enforcement of the judgment

as are available to enforce other judgments; provided, however, the

judgment herein prescribed shall not be considered a debt nor

dischargeable in any bankruptcy proceeding.

O. Whenever a person has been ordered to pay restitution as

provided in this section or any section of the Oklahoma Statutes for

a criminal penalty, the judge may order the defendant to a term of

community service, with or without compensation, to be credited at a

rate of Five Dollars ($5.00) per day against the total amount due

for restitution. If the defendant fails to perform the required

community service authorized by this subsection or if the conditions

of community service are violated, the judge may impose a term of

imprisonment not to exceed five (5) days in the county jail for each

failure to comply.

P. Nothing in subsections M through O of this section shall be

construed to be additions to the original criminal penalty, but

shall be used by the court as sanctions and means of collection for

criminal restitution orders and restitution orders that have been

reduced to judgment.