Oklahoma SB 113: Sentence modification; removing prohibition for imposition of deferred sentence; authorizing court to modify certain sentences. Effective date.

Bill Text

Req. No. 158 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

STATE OF OKLAHOMA

1st Session of the 58th Legislature (2021)

SENATE BILL 113 By: Brooks

AS INTRODUCED

An Act relating to sentence modification; amending 22
O.S. 2011, Section 982a, as last amended by Section
1, Chapter 128, O.S.L. 2018 (22 O.S. Supp. 2020,
Section 982a), which relates to judicial review;
removing prohibition for imposition of deferred
sentence under certain circumstances; authorizing
court to modify certain sentences without district
attorney approval; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 982a, as
last amended by Section 1, Chapter 128, O.S.L. 2018 (22 O.S. Supp.
2020, Section 982a), is amended to read as follows:
Section 982a. 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probation has been revoked, the court imposing sentence or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, if the court is
satisfied that the best interests of the public will not be
jeopardized; provided, however, the court shall not impose a
deferred sentence. Any application for sentence modification that

Req. No. 158 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

is filed and ruled upon beyond twelve (12) months of the initial
sentence being imposed must be approved by the district attorney who
shall provide written notice to any victims in the case which is
being considered for modification.
2. The court imposing sentence may modify the sentence of any
offender who was originally sentenced for a drug charge and ordered
to complete the Drug Offender Work Camp at the Bill Johnson
Correctional Facility and direct that another sentence be imposed,
if the court is satisfied that the best interests of the public will
not be jeopardized; provided, however, the court shall not impose a
deferred sentence. An application for sentence modification
pursuant to this paragraph may be filed and ruled upon beyond the
initial sixty-month time period provided for in paragraph 1 of this
subsection.
3. This section shall not apply to convicted felons who have
been in confinement in any state or federal prison system for any
previous felony conviction during the ten-year period preceding the
date that the sentence this section applies to was imposed.
Further, without the consent of the district attorney, this section
shall not apply to sentences imposed pursuant to a plea agreement or
jury verdict.
B. The court imposing the sentence may modify the sentence of
any offender sentenced to life without parole for an offense other
than a violent crime, as enumerated in Section 571 of Title 57 of

Req. No. 158 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

the Oklahoma Statutes, who has served at least ten (10) years of the
sentence in the custody of the Department of Corrections upon a
finding that the best interests of the public will not be
jeopardized. Provided; however, prior to granting a sentence
modification under the provisions of this subsection, the court
shall provide notice of the hearing to determine sentence
modification to the victim or representative of the victim and shall
allow the victim or representative of the victim the opportunity to
provide testimony at the hearing. The court shall consider the
testimony of the victim or representative of the victim when
rendering a decision to modify the sentence of an offender.
C. For purposes of judicial review, upon court order or written
request from the sentencing judge, the Department of Corrections
shall provide the court imposing sentence or revocation of probation
with a report to include a summary of the assessed needs of the
offender, any progress made by the offender in addressing his or her
assessed needs, and any other information the Department can supply
on the offender. The court shall consider such reports when
modifying the sentence or revocation of probation. The court shall
allow the Department of Corrections at least twenty (20) days after
receipt of a request or order from the court to prepare the required
reports.
D. If the court considers modification of the sentence or
revocation of probation, a hearing shall be made in open court after

Req. No. 158 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

receipt of the reports required in subsection C of this section.
The clerk of the court imposing sentence or revocation of probation
shall give notice of the judicial review hearing to the Department
of Corrections, the offender, the legal