Okla. Stat. tit. 22 § 471.1

Current through Laws 2024, c. 453.

Section 471.1 - Authorization of drug court programs

A. For purposes of the Oklahoma Drug Court Act, "drug court", "drug court program" or "program" means an immediate and highly structured judicial intervention process for substance abuse treatment of eligible offenders which expedites the criminal case and requires successful completion of the plea agreement.

B. Each district court of this state is authorized to establish a drug court program pursuant to the provisions of the Oklahoma Drug Court Act, subject to availability of funds.

C. Eligible offenses may be restricted by the rules of the specific drug court program. Nothing in the Oklahoma Drug Court Act shall be construed to require a drug court to consider every offender with a treatable condition or addiction even if the controlling offense is eligible for consideration in the program. Traditional prosecution shall be required where an offender is determined not appropriate for the drug court program. Juvenile drug courts may be established based upon the provisions of the Oklahoma Drug Court Act; provided, however, a juvenile shall not be held, processed, or treated in any manner which violates any provision of Title 10A of the Oklahoma Statutes.

D. Drug court programs shall require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. Whenever possible, a drug court team shall be designated consisting of a judge to preside over the drug court judicial process and hold proceedings where participants are advanced through the program, a district attorney, a defense attorney, a drug court coordinator, and other persons designated by the drug court team who shall have appropriate understanding of the goals of the program and of the appropriate treatment methods for the various conditions. The assignment of any person to the drug court team shall not preclude the assigned person from performing other duties required in the course of their office or employment. The chief judge of the judicial district, or if the district has more than one chief judge then the presiding judge of the Administrative Judicial District, shall designate one or more judges to preside over cases assigned to the drug court program. The assignment of any judge to a drug court program or the designation of a drug court docket shall not mandate the assignment of all substance abuse-related cases to the drug court docket or the program; however, nothing in the Oklahoma Drug Court Act shall be construed to preclude the assignment of all criminal cases relating to substance abuse or drug possession as provided by the rules established for the specific drug court program. Judicial immunity shall extend to any duty required by law to be performed by a judge of a drug court.

E. When a drug court program is established, the arresting officer shall file the criminal case record for potentially eligible offenders with the district attorney within four (4) days of the arrest. The district attorney shall file an information in the case within twenty-four (24) hours of receipt of the criminal case record when the offender appears eligible for consideration for the program. The information may be amended as necessary when an offender is denied admittance into the drug court program or for other purposes as provided in Section 304 of this title. Any person arrested upon a warrant for his or her arrest shall not be eligible for the drug court program without the approval of the district attorney. Any criminal case which has been filed and processed in the traditional manner shall be cross-referenced to a drug court case file by the court clerk if the case is subsequently assigned to the drug court program. The originating criminal case file shall remain open to public inspection. The judge shall determine what information or pleadings are to be retained in the drug court case file, which shall be closed to public inspection.

F. The court may request assistance from the Department of Mental Health and Substance Abuse Services which shall be the primary agency to assist in developing and implementing a drug court program or from any state or local agency in obtaining the necessary treatment services which will assure maximum opportunity for successful treatment, education and rehabilitation for offenders admitted to the program. All participating state and local agencies are directed to coordinate with each other and cooperate in assisting the district court in establishing a drug court program.

G. Each drug court program shall apply recognized best practices including but not limited to:

1. Strong linkage between participating agencies;

2. Access by all participating parties of a case to information on the progress of the offender;

3. Vigilant supervision and monitoring procedures;

4. Random substance abuse testing;

5. Provisions for noncompliance, modification of the treatment plan and revocation proceedings;

6. Availability of residential treatment facilities and outpatient services;

7. Payment of court costs, treatment costs, supervision fees and program user fees by the offender;

8. Methods for measuring application of disciplinary sanctions including provisions for:

a. increased supervision,

b. urinalysis testing,

c. intensive treatment,

d. short-term confinement not to exceed five (5) days,

e. recycling the offender into the program after a disciplinary action for a minimum violation of the treatment plan,

f. reinstating the offender into the program after a disciplinary action for a major violation of the treatment plan, and

g. revocation from the program; and

9. Methods for measuring performance-based effectiveness of each individual treatment provider's services.

H. All drug court programs shall be required to keep reliable data on recidivism, relapse, restarts, sanctions imposed and incentives given.

I. All funds received by a drug court, in its capacity as a drug court program, shall be credited to and accounted for in the county treasurer's office in a special cash fund to be known as the "Drug Court Fund". Each drug court fund shall be a continuing fund, not subject to fiscal year limitations, and shall be dedicated to the operation of the drug court as authorized by law. The expenditures of any funds received by a drug court program and deposited with the county treasurer shall be made only upon sworn itemized claims approved by the county clerk, filed with the county treasurer and paid by cash voucher drawn by the county treasurer from the funds.

J. Nothing in this section shall prohibit any county from establishing a drug court for misdemeanor offenses. Such misdemeanor drug courts shall follow the rules and regulations of felony drug courts except that the penalty for revocation shall not exceed one (1) year in the county jail or the maximum penalty for the misdemeanor allowed by statute, whichever is less. The Department of Mental Health and Substance Abuse Services shall provide technical assistance to the counties that establish misdemeanor drug courts.

Okla. Stat. tit. 22, § 471.1

Amended by Laws 2022 , c. 277, s. 1, eff. 8/26/2022.

Amended by Laws 2021 , c. 258, s. 1, eff. 7/1/2021.

Amended by Laws 2016 , c. 222, s. 1, eff. 11/1/2016.

Added by Laws 1997, SB 645, c. 359, § 2, emerg. eff. 7/1/1997; Amended by Laws 2008 , HB 2522, c. 37, § 1, eff. 11/1/2008; Amended by Laws 2009 , HB 2029, c. 234, §131, emerg. eff. 5/21/2009.