§ 985.1. Departure from mandatory minimum sentencing--Requirements--Exceptions
Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: November 1, 2018
Effective: November 1, 2018
22 Okl.St.Ann. § 985.1
§ 985.1. Departure from mandatory minimum sentencing--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 giving due regard to the nature of the crime, history, and character of the defendant and his or her chances of successful rehabilitation, that:
3. The mandatory minimum sentence of imprisonment is not necessary for the protection of the public and the defendant, based on a risk and needs assessment, is eligible for an alternative court, a diversion program or community sentencing, without regard to exclusions because of previous convictions, and has been accepted to the same, pending sentencing.
2. The offense for which the defendant was convicted was a sex offense and will require the defendant to register as a sex offender pursuant to the provisions of the Sex Offenders Registration Act;1
4. The offense for which the defendant was convicted is a crime listed in Section 13.1 of Title 21 of the Oklahoma Statutes requiring the defendant to serve not less than eighty-five percent (85%) of any sentence of imprisonment imposed by the judicial system prior to becoming eligible for consideration for parole;
Credits
Laws 2015, c. 243, § 2, eff. Nov. 1, 2015; Laws 2018, c. 128, § 3, eff. Nov. 1, 2018.
Footnotes
Title 57, § 581 et seq.
22 Okl. St. Ann. § 985.1, OK ST T. 22 § 985.1
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |