Section 471.1. 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. Juvenile drug courts may be established based upon the provisions of the Oklahoma Drug Court Act; provided, however, juveniles shall not be held, processed or treated in any manner which violates any provision of Title 10A of the Oklahoma Statutes.

C. Drug court programs shall not apply to any violent criminal offense. Eligible offenses may further 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 administer 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 administer 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 ensure, apply recognized best practices including but not be 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:

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.

Section 471.2. A. The opportunity for review of an offender for a drug court program shall occur at any time prior to disposition of the case and sentencing of the offender, including sentencing on a petition to revoke a suspended sentence or any probation violation.

B. When a drug court is established, the following information shall be initially reviewed by the sheriff or designee, if the offender is held in a county jail, or by the chief of police or designee, if the offender is held in a city jail:

1. The offender's arrest or charge does not involve a crime of violence against any person, unless there is a specific treatment program in the jurisdiction designed to address domestic violence and the offense is related to domestic violence and substance abuse;

2. The offender has no prior felony conviction in this state or another state for a violent domestic violence offense within the last ten (10) years, except as may be allowed in a domestic violence treatment program authorized by the drug court program. It shall be sufficient for this paragraph that a criminal history records name search was conducted and indicated no apparent violent domestic violence offense. An offender admitted to the drug court program for a crime which requires the offender to attend a batterers' intervention program certified by the Attorney General's office shall be required to undergo such treatment as a condition of drug court;

3. 2. The offender's arrest or charge does not involve a violation of the Trafficking In Illegal Drugs Act;

4. 3. The offender has committed a felony offense or a misdemeanor offense where a misdemeanor drug court is authorized; and

5. 4. The offender:

B. C. If it appears to the reviewing officer that the offender may be potentially eligible for the drug court program based upon a review of the information in subsection A B of this section, the offender shall be given an eligibility form which may be voluntarily completed by the offender, and the reviewing officer shall file the criminal case record within the time prescribed in subsection E of Section 471.1 of this title. The offender shall not automatically be considered for the program based upon this review. The offender must may request consideration for the drug court program as provided in subsection C D of this section and shall have approval from the district attorney before being considered for the drug court program. The eligibility form shall describe the drug court program for which the offender may be eligible, including, but not limited to:

1. A full description of the drug court process and investigation;

2. A general explanation of the roles and authority of the supervising staff, the district attorney, the defense attorney, the treatment provider, the offender, and the judge presiding over the cases in the drug court program;

3. A clear statement that the drug court judge may decide after a hearing not to consider the offender for the drug court program and in that event the offender will be prosecuted in the traditional manner;

4. A clear statement that the offender is required, before consideration in the program, to enter a guilty plea as part of a written plea agreement;

5. A clear statement that the plea agreement will specify the offense to which the guilty plea will be entered and will state any penalty to be imposed for the offense, both in the event of a successful completion of the drug court program, and in the event of a failure to complete the program;

6. A clear statement that the offender must voluntarily agree to:

7. A clear statement that the offender, if accepted into the drug court program, may not be incarcerated for the offense in a state correctional institution or jail upon successful completion of the program;

8. A clear statement that during participation in the drug court program should the offender fail to comply with the terms of the agreement, the offender may be sanctioned to serve a term of confinement of six (6) months in an intermediate revocation facility operated by the Department of Corrections. An offender shall not be allowed to serve more than two separate terms of confinement in an intermediate revocation facility;

9. A clear statement that during participation in the drug court program should the offender:

10. An explanation of the criminal record retention and disposition resulting from participation in the drug court program following successful completion of the program.

C. D. 1. The offender may request consideration for the drug court program as follows:

2. Any offender desiring legal consultation prior to signing or completing the form for consideration in a drug court program shall be referred to the defense attorney of the drug court team, or a public defender, if the offender is indigent, or allowed to consult with private legal counsel.

3. Nothing contained in the provisions of this subsection shall prohibit the drug court from considering any offender deemed eligible for the program at any time prior to sentencing whose case has been prosecuted in the traditional manner, or upon a violation of parole or probation conditions relating to substance abuse, upon recommendation of the district attorney as provided in Section 471.8 of this title.

D. E. When an offender has filed a voluntary request to be considered for a drug court program on the appropriate form, the district attorney shall indicate his or her approval of the request by filing the form with the drug court judge. Upon the filing of the request form by the district attorney, an initial hearing shall be set before the drug court judge. The hearing shall be not less than three (3) work days nor more than five (5) work days after the date of the filing of the request form. Notice of the hearing shall be given to the drug court team, or in the event no drug court team is designated, to the offender, the district attorney, and to the public defender. The offender shall be required to notify any private legal counsel of the date and time of the hearing.

Section 471.3. A. At the initial hearing for consideration of an offender for a drug court program, the district attorney shall determine whether or not:

1. The offender has approval to be considered for the drug court program; and

2. The offender has been admitted to the program within the preceding five (5) years; provided, having been admitted to a drug court program within the previous five (5) years shall not make the offender ineligible for consideration; and

3. Any statutory preclusion, other prohibition, or program limitation exists and is applicable to considering the offender for the program.

The district attorney may object to the consideration of an offender for the drug court program at the initial hearing.

B. If the offender voluntarily consents to be considered for the drug court program, and has signed and filed the required form requesting consideration, and no objection has been made by the district attorney, the court shall may refer the offender for a drug court investigation as provided in Section 471.4 of this title, and set a date for a hearing to determine final eligibility for admittance into the program.

C. Upon any objection of the district attorney for consideration of an offender for the program, the court shall deny consideration of the offender's request for participation in the drug court program. Upon denial for consideration in the drug court program at the initial hearing, the criminal case shall proceed in the traditional manner. An objection by the district attorney and the subsequent A denial of consideration of the offender for the program shall not preclude any future consideration of the offender for the drug court program with the approval of the district attorney.

Section 471.4. A. Each drug court team shall develop agreed-upon, objective eligibility criteria to determine presumptive drug court eligibility for offenders. The objective criteria shall be in writing and communicated to potential referral sources including but not limited to judges, law enforcement, defense attorneys, prosecutors, treatment professionals, and community supervision officers. The criteria shall target high-risk and high-need offenders who are addicted to illicit drugs or alcohol and who are at a substantial risk for reoffending or failing to complete a less intensive case disposition such as standard probation or pretrial supervision.

B. When directed by the drug court judge, district attorney, defense attorney, drug court coordinator, treatment provider, or any other drug court team member determines that further investigation of the offender under consideration is appropriate, the supervising staff for the drug court program shall make an investigation of the offender under consideration to determine whether or not the offender is a person who:

1. Is presumptively eligible for the drug court program;

2. Would benefit from the drug court program; and

2. 3. Is appropriate for the drug court program and there is not a more appropriate less restrictive treatment alternative based upon the risk and need levels of the offender.

B. C. The drug court investigation shall be conducted through a standardized screening test and personal interview. A more comprehensive assessment may take place at the time the offender enters the treatment portion of the program and may take place at any time after placement in the drug court program. The investigation shall determine the original treatment plan which the offender will be required to follow, if admitted to the program. Any subsequent assessments or evaluations by the treatment provider, if the offender is admitted to the program, may be used to determine modifications needed to the original treatment plan. The investigation shall include, but not be limited to, the following information:

1. The person's age and physical condition;

2. Employment and military service records;

3. Educational background and literacy level;

4. Community and family relations;

5. Prior and current drug and alcohol use;

6. Mental health and medical treatment history, including substance abuse treatment history;

7. Demonstrable motivation; and

8. Other mitigating or aggravating factors.

C. D. The drug court investigation may be conducted before or after the initial hearing for consideration but shall occur before the hearing for final determination of eligibility for the drug court program. When an offender is appropriate for admittance to the program, the supervising staff shall make a recommendation for the treatment program or programs that are available in the jurisdiction and which would benefit the offender and accept the offender. The investigation findings and recommendations for program placement shall be reported to the drug court judge, the district attorney, the offender, and the defense attorney prior to the next scheduled hearing.

D. E. The district attorney and the defense attorney for the offender shall independently review the findings and recommendations of the drug court investigation report. For an offender to remain eligible for consideration in the program, both the district attorney and the defense attorney must accept the recommended treatment plan, and shall negotiate the terms of the written plea agreement with all punishment provisions specified before prior to the scheduled hearing date for determining final eligibility. Upon failure of the district attorney and defense attorney to negotiate the written plea agreement, the judge presiding over the case may order the criminal case shall to be withdrawn from the drug court program and processed in the traditional manner. The punishment provisions of the written plea agreement shall emphasize reparation to the victim, community, and state. If the crime for which the offender is seeking eligibility to drug court involves a victim, notification to the victim shall be in compliance with subsection A of Section 34 of Article II of the Oklahoma Constitution and the Oklahoma Victim's Rights Act, Section 142A et seq. of Title 21 of the Oklahoma Statutes, and shall include the right to provide victim's impact statements.

E. F. The hearing to determine final eligibility shall be set not less than three (3) work days nor more than seven (7) work days from the date of the initial hearing for consideration, unless extended by the court.

F. H. For purposes of this act Section 471 et seq. of this title, “supervising staff” means a Department of Corrections employee assigned to monitor offenders in the drug court program, a community provider assigned to monitor offenders in the program, a state or local agency, county, or municipal governmental representative or, a certified treatment provider participating in the program, or a CLEET-certified person designated by the judge drug court program to perform drug court investigations.

Section 471.6. A. The drug court judge shall conduct a hearing as required by subsection E F of Section 471.4 of this title to determine final eligibility by considering:

1. Whether the offender voluntarily consents to the program requirements;

2. Whether to accept the offender based upon the findings and recommendations of the drug court investigation authorized by Section 471.4 of this title;

3. Whether there is a written plea agreement, and if so, whether the terms and conditions of the written negotiated plea between the district attorney, the defense attorney and the offender are appropriate and consistent with the penalty provisions and conditions of other similar cases;

4. Whether there is an appropriate treatment program available to the offender and whether there is a recommended treatment plan; and

5. Any information relevant to determining eligibility; provided, however, an offender shall not be denied admittance to any drug court program based upon an inability to pay court costs or other costs or fees.

B. At the hearing to determine final eligibility for the drug court program, the judge shall not grant any admission of any offender to the program when:

1. The required treatment plan and plea agreement have not been completed;

2. The program funding or availability of treatment has been exhausted;

3. The treatment program or drug court team is unwilling to accept the offender;

4. The offender was ineligible for consideration by the nature of a violent offense at the time of arrest, and the charge has been modified to does not meet the presumptive eligibility criteria of the program; or

5. The offender is inappropriate for admission to the program, in the discretion of the judge.

C. At the final eligibility hearing, if evidence is presented that was not discovered by the drug court investigation, the district attorney or the defense attorney may make an objection and may ask the court to withdraw the plea agreement previously negotiated. The court shall determine whether to proceed and overrule the objection, to sustain the objection and transfer the case for traditional criminal prosecution or to require further negotiations of the plea or punishment provisions. The decision of the judge for or against eligibility and admission shall be final.

D. When the court accepts the treatment plan with the written plea agreement, the offender, upon entering the plea as agreed by the parties, shall be ordered and escorted immediately into the program. The offender must have voluntarily signed the necessary court documents before the offender may be admitted to treatment. The court documents shall include:

1. Waiver of the offender's rights to speedy trial;

2. A written plea agreement which sets forth the offense charged, the penalty to be imposed for the offense in the event of a breach of the agreement and the penalty to be imposed, if any, in the event of a successful completion of the treatment program; provided, however, incarceration shall be prohibited when the offender completes the treatment program;

3. A written treatment plan which is subject to modification at any time during the program; and

4. A written performance contract requiring the offender to enter the treatment program as directed by the court and participate until completion, withdrawal or removal by the court.

E. If admission into the drug court program is denied, the criminal case shall be returned to the traditional criminal docket and shall proceed as provided for any other criminal case.

F. At the time an offender is admitted to the drug court program, any bail or undertaking on behalf of the offender shall be exonerated.

G. The period of time during which an offender may participate in the active treatment portion of the drug court program shall be not less than six (6) months nor more than twenty-four (24) months and may include a period of supervision not less than six (6) months nor more than one (1) year following the treatment portion of the program. The period of supervision may be extended by order of the court for not more than six (6) months. No treatment dollars shall be expended on the offender during the extended period of supervision. If the court orders that the period of supervision shall be extended, the drug court judge, district attorney, the attorney for the offender and the supervising staff for the drug court program shall evaluate the appropriateness of continued supervision on a quarterly basis. All participating treatment providers shall be certified by the Department of Mental Health and Substance Abuse Services and shall be selected and evaluated for performance-based effectiveness annually by the Department of Mental Health and Substance Abuse Services. Treatment programs shall be designed to be completed within twelve (12) months and shall have relapse prevention and evaluation components.

H. The drug court judge shall order the offender to pay court costs, treatment costs, drug testing costs, a program user fee not to exceed Twenty Dollars ($20.00) per month and necessary supervision fees, unless the offender is indigent. The drug court judge shall establish a schedule for the payment of costs and fees. The cost for treatment, drug testing and supervision shall be set by the treatment and supervision providers respectively and made part of the court's order for payment. User fees shall be set by the drug court judge within the maximum amount authorized by this subsection and payable directly to the court clerk for the benefit and administration of the drug court program. Treatment, drug testing and supervision costs shall be paid to the respective providers. The court clerk shall collect all other costs and fees ordered and deposit such costs and fees with the county treasurer in a drug court fund created and administered pursuant to subsection I of Section 471.1 of this title. The remaining user fees shall be remitted to the State Treasurer by the court clerk for deposit in the Department of Mental Health and Substance Abuse Services' Drug Abuse Education and Treatment Revolving Fund established pursuant to Section 2–503.2 of Title 63 of the Oklahoma Statutes. Court orders for costs and fees pursuant to this subsection shall not be limited for purposes of collection to the maximum term of imprisonment for which the offender could have been imprisoned for the offense, nor shall any court order for costs and fees be limited by any term of probation, parole, supervision, treatment or extension thereof. Court orders for costs and fees shall remain an obligation of the offender until fully paid; provided, however, once the offender has successfully completed the drug court program, the drug court judge shall have the discretion to expressly waive all or part of the costs and fees provided for in this subsection if, in the opinion of the drug court judge, continued payment of the costs and fees by the offender would create a financial hardship for the offender. Offenders who have not fully paid all costs and fees pursuant to court order but who have otherwise successfully completed the drug court program shall not be counted as an active drug court participant for purposes of drug court contracts or program participant numbers.

I. Notwithstanding any other provision of law, if the driving privileges of the offender have been suspended, revoked, canceled or denied by the Department of Public Safety and if the drug court judge determines that no other means of transportation for the offender is available, the drug court judge may enter a written order requiring the Department of Public Safety to stay any and all such actions against the Class D driving privileges of the offender; provided, the stay shall not be construed to grant driving privileges to an offender who has not been issued a driver license by the Department or whose Oklahoma driver license has expired, in which case the offender shall be required to apply for and be found eligible for a driver license, pass all examinations, if applicable, and pay all statutory driver license issuance or renewal fees. The offender shall provide proof of insurance to the drug court judge prior to the judge ordering a stay of any driver license suspension, revocation, cancellation or denial. When a judge of a drug court enters a stay against an order by the Department of Public Safety suspending or revoking the driving privileges of an offender, the time period set in the order by the Department for the suspension or revocation shall continue to run during the stay. When an offender has successfully completed the drug court program, the drug court judge shall maintain jurisdiction over the offender's driving privileges for one (1) year after the date on which the offender graduates from the drug court program.

Section 471.8. The drug court program may be utilized as a disciplinary sanction for a violation of a condition of parole related to substance abuse for eligible offenses, or in a case where the offender has been tried for an eligible offense in the traditional manner, given either a deferred or suspended sentence, and has violated a condition of the sentence. The judge shall not order an offender into treatment within the scope of any drug court program without prior approval from the designated drug court team, or the district attorney if no team is designated. Any judge having a criminal case assigned where drug court processing appears to be more appropriate for the offender, may request a review of the case by the drug court team, or if no team is designated, a review by both the district attorney and the defense attorney or offender. If both the district attorney and the defense attorney or offender agree, the case may be transferred to the drug court program with the approval of a designated the presiding drug court judge. After a case has been transferred to the drug court docket, it shall continue with the designated drug court judge until the offender is revoked or released from the program. The offenders whose cases have been transferred from a traditional criminal case docket to the drug court docket shall be required to have a drug court investigation and complete the drug court process prior to placement in any treatment program authorized by this act Section 471 et seq. of this title.

Section 471.10. A. For purposes of this act, the following state agencies shall jointly develop a standardized testing instrument with an appropriate scoring device for use by all the district courts in this state in implementing the Oklahoma Drug Court Act:

C. All participating agencies shall promulgate rules as necessary to comply with the provisions of this act Section 471 et seq. of this title. Each district court shall establish rules for their jurisdiction upon implementation of a drug court program, pursuant to the provisions of this act.