2022 Oklahoma Statutes
Title 22. Criminal Procedure
§22-471.4. Eligibility criteria - Investigation.

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 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 to determine whether the offender is a person who:

1. Is presumptively eligible for the drug court program;

2. Would benefit from the drug court program; and

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.

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.

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.

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 shall negotiate the terms of the written plea agreement with all punishment provisions specified 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 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.

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.

G. The drug court coordinator shall keep a record of all presumptively eligible offenders who are not placed in the drug court program. The record shall indicate the reason each offender was not placed in the program and information about the ultimate case disposition for each offender. The record shall be made available to all members of the drug court team.

H. For purposes of 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 state, county, or municipal governmental representative, a certified treatment provider participating in the program, or a CLEET-certified person designated by the drug court program to perform drug court investigations.

Added by Laws 1997, c. 359, § 5, eff. July 1, 1997. Amended by Laws 2018, c. 253, § 3, eff. Nov. 1, 2018; Laws 2022, c. 277, § 4.