ENGROSSED HOUSE
BILL NO. 2636	By:	Schwartz, McDaniel (Jeannie) and Shelton of the House

				and

		Crain of the Senate

An Act relating to drug courts; amending 22 O.S. 2011, Section 471.6, which relates to the Oklahoma Drug Court Act; authorizing judge to enter certain order; construing provision; providing exceptions; requiring proof of insurance prior to issuance of certain order; amending 22 O.S. 2011, Section 988.8, which relates to community sentencing; providing procedure for staying court to enter certain written orders to restore Class D driving privileges; providing restrictions and exclusions; directing the Department of Pubic Safety to make certain designation in driving records under certain circumstances; providing exceptions; requiring certain electronic notification to the Department of Public Safety; directing the Department of Public Safety to promulgate certain rules; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     22 O.S. 2011, Section 471.6, is amended to read as follows:
Section 471.6  A.  The drug court judge shall conduct a hearing as required by subsection E of Section 471.4 of this title to determine final eligibility by considering:
1.  Whether or not the offender voluntarily consents to the program requirements;
2.  Whether or not 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 or not 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 or not there is an appropriate treatment program available to the offender and whether or not 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 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 meet the 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.  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.  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, cancelled 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.
J.  Notwithstanding any other provision of law, the drug court judge may enter a written order directing the Department of Public Safety to restore the Class D driving privileges of any offender who has successfully completed the drug court program; provided, the suspension, revocation, cancellation or denial is not related to any drug- or alcohol-related offense other than the one for which the participant is serving in drug court and the participant has paid all reinstatement fees and has met all conditions for reinstatement of driving privileges as required by the Department of Public Safety.  Further, the order 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 and any outstanding fines, fees or court-ordered restitution.  The offender shall provide proof of insurance to the drug court judge prior to the judge ordering a restoration of the Class D driving privileges pursuant to this subsection.
SECTION 2.     AMENDATORY     22 O.S. 2011, Section 988.8, is amended to read as follows:
Section 988.8  A.  A community sentencing system established pursuant to the provisions of the Oklahoma Community Sentencing Act shall include those community punishments and programs and services enumerated and funded in the annual plan submitted to the Community Sentencing Division within the Department of Corrections and any other services or punishments subsequently added and funded during a plan year.  The options may not be utilized for offenders not meeting the eligibility criteria of programs and score requirements for the Level of Services Inventory (LSI) or other approved assessment.  Each local system shall strive to have available to the court all of the following services for eligible offenders:
1.  Community service with or without compensation to the offender;
2.  Substance abuse treatment and availability for periodic drug testing of offenders following treatment;
3.  Varying levels of supervision by the Department of Corrections probation officers or another qualified supervision source;
4.  Education and literacy provided by the State Department of Education, the county library system, the local school board, or another qualified source;
5.  Employment opportunities and job skills training provided by the Oklahoma Department of Career and Technology Education or another qualified source;
6.  Enforced collections provided by the local court clerk, or another state agency; and
7.  The availability of county jail or another restrictive housing facility for limited disciplinary sanctions.
B.  The court may order as a community punishment for an eligible offender any condition listed as a condition available for a suspended sentence.
C.  In all cases in which an offender is sentenced to a community punishment, the offender shall be ordered as part of the terms and conditions of the sentence to pay for the court ordered sanction, based upon ability to pay.  Payments may be as provided by court order or pursuant to periodic payment schedules established by the service provider.  If the offender does not have the financial ability to pay for the court ordered sanction, payment shall be made from funds budgeted for the local community sentencing system.
D.  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 court determines that no other means of transportation for the offender is available, the court 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 court prior to the court ordering a stay of any driver license suspension, revocation, cancellation, or denial.  When the 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.
E.  Notwithstanding any other provision of law, the court may enter a written order directing the Department of Public Safety to restore the Class D driving privileges of any offender who has successfully completed all terms and conditions of a community punishment; provided, the suspension, revocation, cancellation or denial is not related to any drug- or alcohol-related offense other than the one for which the offender is serving in community punishment and the offender has paid all reinstatement fees and has met all conditions for reinstatement of driving privileges as required by the Department of Public Safety.  Further, the order 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, pay all statutory driver license issuance or renewal fees and any outstanding fines, fees or court-ordered restitution.  The offender shall provide proof of insurance to the court prior to the court ordering a restoration of the Class D driving privileges pursuant to this subsection.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 6-212.4 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  Upon receipt of a written order issued by a drug court judge that the Class D driving privileges for a participant who has successfully completed a drug court program shall be restored, the Department of Public Safety shall designate in the records of the Department that all driver license revocation, suspension, cancellation or denial periods shall be considered satisfied; provided, the revocation, suspension, cancellation or denial of the driver license is not related to any drug- or alcohol-related offense other than the offense for which the participant is serving in drug court and the participant has paid all reinstatement fees and has met all conditions for reinstatement of driving privileges as required by the Department of Public Safety.  Further, the Department may decline to waive the periods of revocation, suspension, cancellation or denial if the Department finds that the drug court participant has committed an offense subsequent to successful completion of the drug court program that would require revocation, suspension, cancellation or denial of said driver license.
B.  Electronic notification of the successful completion by a participant of the drug court program shall be provided to the Department of Public Safety by the court clerk in the county where the drug court program is situated.  The electronic notification of successful completion shall be consistent with the provisions of Section 18-101 of Title 47 of the Oklahoma Statutes or by any other method approved by the Department of Public Safety.
C.  The Department of Public Safety shall promulgate rules necessary to implement and administer the provisions of this section.
SECTION 4.  This act shall become effective November 1, 2012.
Passed the House of Representatives the 5th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate