Opinion
NO. SCAD-97-19
Decided: October 14, 1997
FOR OFFICIAL PUBLICATION
ORDER
¶ 1 The Oklahoma Legislature has enacted House Bill 1213, the Oklahoma Truth in Sentencing Act with an effective date of July 1, 1998.
¶ 2 The Court finds that the collection of adequate sentencing data is needed immediately for the proper implementation of House Bill 1213.
¶ 3 Accordingly, effective December 1, 1997 all judges of the District Courts in the State of Oklahoma shall be responsible in all felony convictions or felony deferred sentences for providing information to the Oklahoma Sentencing Commission.
¶ 4 The information contained in Exhibit "A" to this administrative Order shall be obtained at the time that the judgment and sentence is entered by the trial court.
¶ 5 This data shall be collected and made part of the judgment and sentence currently required by the Oklahoma Court of Criminal Appeals.
¶ 6 Once this data is filed in the court clerk's office, a copy shall be immediately transmitted to the Oklahoma Sentencing Commission.
¶ 7 This Order shall be published three times in the Oklahoma Bar Journal prior to December 1, 1997.
¶ 8 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 13TH DAY OF OCTOBER, 1997.
CHIEF JUSTICE
KAUGER, C.J., SUMMERS, V.C.J., HODGES, LAVENDER, OPALA, WILSON, and WATT, JJ., concur.
SIMMS and HARGRAVE, JJ., not voting.
EXHIBIT "A"
SENTENCING DATA INFORMATION FORM
Complete the form below for each offender processed and attach to a copy of the offender's Judgment and Sentence form. Send to: Oklahoma Criminal Justice Resource Center, 5500 N. Western, Suite 245, Oklahoma City, OK 73118. (Calls for information and assistance should be directed to: 405-858-7027 or (fax) 405-858-7040.)
I. Original Charges (a copy of the Information may be attached instead.)
Offense Stat. Cit. Offense Stat. Cit.
________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________
Please list other charges, if any, on a separate, attached sheet.
II. Prior Felony Convictions Used for Enhancement
Offense Stat. Cit. Schedule
________________________________ ______________________ _________ ________________________________ ______________________ _________ ________________________________ ______________________ _________ ________________________________ ______________________ _________ ________________________________ ______________________ _________
Please list other charges, if any, on a separate, attached sheet.
III. Prior Felony Convictions Not Used for Enhancement
Offense Stat. Cit. Schedule
________________________________ ______________________ _________ ________________________________ ______________________ _________ ________________________________ ______________________ _________ ________________________________ ______________________ _________ ________________________________ ______________________ _________
Please list other charges, if any, on a separate, attached sheet.
IV. Offense Enhancers
1. Did the offender commit the current offense with the use of a firearm within the immediate possession and control of the offender? _____ Yes _____ No
2. Was the victim of the offense over 62 years, under 12 years, or disabled by reason of mental or physical illness to such extent that the victim lacked the ability to effectively protect the victim's property or person? _____ Yes _____ No
3. Did the offender in the commission of the offense torture or maim the victim? _____ Yes _____ No
4. If the controlling offense was a property or drug offense, what was the total amount involved in that offense (e.g., the value of the property involved, the amount of money stolen, embezzled, or obtained by fraud, or the the amount of drug proceeds utilized? _____ Yes _____ No
5. Did the offender commit a Schedule N-2 or N-3 drug offense in, on, or within 1,000 feet of real property comprising a public or private elementary or secondary school; public or private college, university, or other institution of higher education; recreation or public park (including state facilities); public housing project; or in the presence of any child under 12 years of age? _____ Yes _____ No
6. Did the offender commit a Schedule N-2 or N-3 drug offense by using or soliciting the services of a person less than 18 years of age, providing that the offender was at least 18 years of age at the time of the offense? _____ Yes _____ No
7. If the controlling offense was a drug offense, what was the predominant drug and what was the amount of that drug (specify grams, ounces, etc.)?
drug type ____________ amt. ____________ (specify oz., grams, etc.)