Title 22, Title 22 — Criminal Procedure

After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or acquittal, if the judgment is not arrested or a new trial granted, the court must appoint a time for pronouncing judgment. R.L.1910, § 5942.

The time appointed must be at least two (2) days after the verdict, if the court intend to remain in session so long; or, if not, at as remote a time as can reasonably be allowed. R.L.1910, § 5943.

For the purpose of judgment, if the conviction is for misdemeanor judgment may be pronounced in the defendant's absence, unless such defendant is represented by an attorney of record, in which event, said attorney must be present unless said attorney waives appearance in writing …

When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so accordingly. R.L.1910, § 5945.

or bail money. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of money deposited, may direct t…

The clerk, on the application of the district attorney, may, accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties. R.L.1910, § 5947.

For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amoun…

The bench warrant must be substantially in the following form: County of ...................... State of Oklahoma. To any sheriff, constable, marshal or policeman in this state: A B having been, on the ........ day of ......... A. D., 19...., duly convicted in the ......... court…

The bench warrant may be served in any county, in the same manner as a warrant of arrest, except that when served in another county, it need not be endorsed by a magistrate of that county. R.L.1910, § 5949.

Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court, or commit him to the officer mentioned in the warrant, according to the command thereof. R.L.1910, § 5950.

When the defendant appears for judgment, he must be informed by the court, or by the clerk under its direction, of the nature of the indictment or information, and his plea and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment shou…

Proceedings. The defendant may show for cause against the judgment: 1. That the defendant is insane; and if, in the opinion of the court, there is reasonable ground for believing the defendant to be insane, the question of the defendant's insanity must be tried as hereinafter in …

If no sufficient cause be alleged or appear to the court why judgment should not be pronounced it must thereupon be rendered. R.L.1910, § 5953.

After a plea or verdict of guilty in a case where the extent of the punishment is left with the court, the court, upon the suggestion of either party that there are circumstances which may be properly taken into view, either in aggravation or mitigation of the punishment, may in …

A. When making a sentencing decision concerning a person who is a veteran, the court may consider as a mitigating factor that the person has been diagnosed as suffering from posttraumatic stress disorder resulting from his or her military service. B. The defendant shall provide t…

witness. The circumstances must be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to attend, his deposition may be taken by a magistrate of the county out of court, at a specified time and place, upo…

prohibited. No affidavit or testimony, or representation of any kind, verbal or written, can be offered to or received by the court or member thereof in aggravation or mitigation of the punishment, except as provided in the last two sections. R.L.1910, § 5956.

If the defendant has been convicted of two or more offenses, before judgment on either, the judgment may be that the imprisonment upon any one may commence at the expiration of the imprisonment upon any other of the offenses. Provided, that the sentencing judge shall, at all time…

clerk - Obtaining date of birth and social security number of defendant. A. When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction has been had, and must immediately annex together and file…

authorized to execute judgment except of death. When a judgment, except of death, has been pronounced, a certified copy of the entry thereof, upon the minutes, must be forthwith furnished to the officer, whose duty it is to execute the judgment, and no other warrant or authority …

Delivery to proper officer in other cases. When the judgment is imprisonment in a county jail, or a fine, and that the defendant be imprisoned until it be paid, the judgment must be executed by the sheriff of the county or subdivision. In all other cases when the sentence is impr…

A. The court shall require a person who is actually received into custody at a jail facility or who is confined in a city or county jail or holding facility, for any offense, to pay the jail facility or holding facility the costs of incarceration, both before and after conviction…

If the judgment is for imprisonment in a state prison, the sheriff of the county or subdivision must, upon receipt of a certified copy thereof or authorized notification thereof, take and deliver the defendant to the warden of the Lexington Assessment and Reception Center or to a…

of citizens - Penalty for refusing assistance. The sheriff or his deputy while conveying the defendant to the proper prison in execution of a judgment of imprisonment has the same authority to require the assistance of any citizen of this state in securing the defendant and in re…

A. Whenever a person is convicted of a violent felony offense whether the conviction is for a single offense or part of any combination of offenses, except when the death sentence is available as punishment for the offense, the court may, before imposing the sentence, require a p…

A. 1. Any time within sixty (60) months after the initial sentence is imposed or within sixty (60) months after probation has been revoked, the court imposing sentence or revocation of probation may modify such sentence or revocation by directing that another sentence be imposed,…

sentence. A. Upon motion of the district attorney of the county from which a sentence was imposed, the court may hold execution of a sentence of imprisonment in abeyance if the offender has a pending sentence of incarceration to be served in the custody of the United States Burea…

OS 22-983v1 (SB 689, Laws 2018, c. 128, § 2). OS 22-983v2 (SB 623, Laws 2023, c. 310, § 3). OS 22-983v3 (HB 3546, Laws 2024, c. 211, § 2).

A. On or after November 1, 2016, the court shall have the authority to waive all outstanding fines, court costs and fees in a criminal case for any person who: 1. Served a period of imprisonment in the custody of the Department of Corrections after conviction for a crime; 2. Has …

fines, fees and costs. A. Any person released on parole or released without parole from a term of imprisonment with the Department of Corrections shall be required to report at a time not less than one hundred eighty (180) days after his or her release from the Department of Corr…

privileges for failure to pay fines, costs, fees, or assessments - Hearing - Installments. A. Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of the fine, cost, fee, or assessment when the trial court finds after notice and hea…

privileges for failure to pay fines, costs, fees or assessments - Hearing - Installments. A. 1. Except in cases provided for in Section 983b of this title, when the judgment and sentence of a court, either in whole or in part, imposes fines, costs, fees, or assessments upon a def…

— Factors — Hardship waiver — Cost hearings — Delinquency — Warrants — Court cost compliance program. A. As used in this section, unless the context otherwise requires: 1. "Cost arrest warrant" means a warrant authorizing arrest that is issued by a court under the following circu…

Sections 2 and 3 of this act shall be known and may be cited as the "Justice Safety Valve Act". Added by Laws 2015, c. 243, § 1, eff. Nov. 1, 2015.

Requirements - Exceptions. A. When sentencing a person convicted of a criminal offense for which there is a mandatory minimum sentence of imprisonment, the court may depart from the applicable sentence if the court finds substantial and compelling reasons on the record, after giv…

The district court clerk of each county shall submit a report of the departures in sentencing to the Clerk of the Court of Criminal Appeals on or before the first day of February of each year. On or before the first day of March of each year the Clerk of the Court of Criminal App…

Sections 1 through 25 of this act shall be known and may be cited as the “Oklahoma Community Sentencing Act”. Added by Laws 1999, 1st Ex.Sess., c. 4, § 1, eff. July 1, 1999.

A. It is the responsibility of the planning council, the sentencing judge, and the local administrator to ensure that the expenditure of funds within the local community sentencing system is appropriately made only for eligible offenders within the range of services offered to th…

Each service provider contracting with the state pursuant to the Oklahoma Community Sentencing Act shall be required to have a performance-based evaluation within two (2) years of participating in a local community sentencing system. The initial performance- based evaluation of a…

A. Any person sentenced to a community punishment pursuant to the provisions of the Oklahoma Community Sentencing Act shall not be deemed an inmate, nor shall the person be considered to be in the custody of the Department of Corrections, nor shall the person require processing t…

A. Each local community sentencing system shall collaborate with a local administrator who shall be employed by the Community Sentencing Division within the Department of Corrections. The local administrator shall have the duty to: 1. Assist in administering the day-to-day operat…

A. There is hereby created within the Department of Corrections the "Community Sentencing Division". The purpose of the Division shall be to implement and administer the Oklahoma Community Sentencing Act and any provisions of law relating to the operation and management of a stat…

The Community Sentencing Division within the Department of Corrections shall have the duty to: 1. Administer a statewide community sentencing system pursuant to the provisions of the Oklahoma Community Sentencing Act and other provisions of law; 2. Establish goals and standards f…

A. Each fiscal year the Division, in collaboration with the local planning councils, shall provide goals and funding priorities for community punishments as provided by law. The statewide community sentencing system shall be composed of local community sentencing system plans as …

and evaluation tests. A. The Department of Corrections shall utilize the Level of Services Inventory (LSI) assessment instrument, or another assessment that evaluates criminal risk to recidivate, to evaluate all eligible offenders sentenced to community punishments under the Okla…

A. On and after March 1, 2000, for each offender considered for any community punishment pursuant to the Oklahoma Community Sentencing Act, the judge shall, prior to sentencing, order an assessment and evaluation of the defendant as required by law. The judge may determine that n…

A. When ordering a community sentence or community punishment, the court shall first impose a deferred or suspended sentence for the offense as prescribed by law, and shall then order the appropriate community punishment as a condition of that deferred or suspended sentence. The …

A. For purposes of the Oklahoma Community Sentencing Act: 1. "Local community sentencing system" means the use of public and private entities to deliver services to the sentencing court for punishment of eligible offenders under the authority of a community sentence; 2. "Communit…

A. Upon proper motion to the court to modify a community sentence as provided in Section 988.19 of this title, the court shall have authority to impose disciplinary sanctions or incentives. An order for a disciplinary sanction shall not modify the terms of the original sentence a…

Any law directing earned credits during periods of imprisonment or otherwise, including 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, shall not be applicable to persons sentenced to a community sen…