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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1216 By: Rader
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6 AS INTRODUCED
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7 An Act relating to drug courts; amending 22 O.S.
7 2021, Section 471.2, as amended by Section 2, Chapter
8 277, O.S.L. 2022 (22 O.S. Supp. 2025, Section 471.2),
8 which relates to eligibility for drug court;
9 modifying eligibility requirements; updating
9 statutory language; and providing an effective date.
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1 2 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 22 O.S. 2021, Section 471.2, as
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1 4 amended by Section 2, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2025,
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1 5 Section 471.2), is amended to read as follows:
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16 Section 471.2. A. The opportunity for review of an offender
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1 7 for a drug court program shall occur at any time prior to
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1 8 disposition of the case and sentencing of the offender including
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1 9 sentencing on a petition to revoke a suspended sentence or any
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2 0 probation violation.
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21 B. When a drug court is established, the following information
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2 2 shall be initially reviewed by the sheriff or designee, if the
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2 3 offender is held in a county jail, or by the chief of police or
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2 4 designee, if the offender is held in a city jail:
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1 1. The offender has no prior felony conviction in this state or
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2 another state for a domestic violence offense within the last ten
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3 (10) years offender's charge does not involve a violation set forth
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4 in subsection C, D, E, F, G, or J of Section 644 of Title 21 of the
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5 Oklahoma Statutes, except as may be allowed in a domestic violence
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6 treatment program authorized by the drug court program. It shall be
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7 sufficient for this paragraph that a criminal history records name
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8 search was conducted and indicated no apparent domestic violence
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9 offense. An offender admitted to the drug court program for a crime
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1 0 which requires the offender to attend a batterers' intervention
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1 1 program certified by the Attorney General's office Office of the
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1 2 Attorney General shall be required to undergo such treatment as a
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1 3 condition of drug court;
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14 2. The offender's charge does not involve a violation of the
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1 5 Trafficking In Illegal Drugs Act;
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16 3. The offender has committed a felony offense or a misdemeanor
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1 7 offense where a misdemeanor drug court is authorized; and
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18 4. The offender:
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19 a. admits to having a substance abuse addiction,
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20 b. appears to have a substance abuse addiction,
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21 c. is known to have a substance abuse addiction,
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22 d. the has an arrest or charge that is based upon an
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23 offense eligible for the drug court program, or
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1 e. is a person who has had an assessment authorized by
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2 Section 3-704 of Title 43A of the Oklahoma Statutes or
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3 drug court investigation and the assessment or
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4 investigation recommends the drug court program.
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5 C. If it appears to the reviewing officer that the offender may
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6 be potentially eligible for the drug court program based upon a
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7 review of the information in subsection B of this section, the
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8 offender shall be given an eligibility form which may be voluntarily
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9 completed by the offender, and the reviewing officer shall file the
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1 0 criminal case record within the time prescribed in subsection E of
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1 1 Section 471.1 of this title. The offender may request consideration
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1 2 for the drug court program as provided in subsection D of this
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1 3 section. The eligibility form shall describe the drug court program
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1 4 for which the offender may be eligible including, but not limited
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1 5 to:
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16 1. A full description of the drug court process and
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1 7 investigation;
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18 2. A general explanation of the roles and authority of the
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1 9 supervising staff, the district attorney, the defense attorney, the
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2 0 treatment provider, the offender, and the judge presiding over the
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2 1 cases in the drug court program;
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22 3. A clear statement that the drug court judge may decide after
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2 3 a hearing not to consider the offender for the drug court program
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1 and in that event the offender will be prosecuted in the traditional
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2 manner;
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3 4. A clear statement that the offender is required, before
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4 consideration in the program, to enter a guilty plea as part of a
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5 written plea agreement;
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6 5. A clear statement that the plea agreement will specify the
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7 offense to which the guilty plea will be entered and will state any
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8 penalty to be imposed for the offense, both in the event of a
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9 successful completion of the drug court program, and in the event of
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1 0 a failure to complete the program;
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11 6. A clear statement that the offender must voluntarily agree
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1 2 to:
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13 a. waive the right to a speedy trial,
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14 b. waive the right to a preliminary hearing,
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15 c. the terms and conditions of a treatment plan, and
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16 d. sign a performance contract with the drug court;
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17 7. A clear statement that the offender, if accepted into the
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1 8 drug court program, may not be incarcerated for the offense in a
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1 9 state correctional institution or jail upon successful completion of
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2 0 the program;
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21 8. A clear statement that during participation in the drug
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2 2 court program, should the offender fail to comply with the terms of
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2 3 the agreement, the offender may be sanctioned to serve a term of
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2 4 confinement of six (6) months in an intermediate revocation facility
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1 operated by the Department of Corrections. An offender shall not be
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2 allowed to serve more than two separate terms of confinement in an
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3 intermediate revocation facility;
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4 9. A clear statement that during participation in the drug
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5 court program, should the offender:
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6 a. fail to comply with the terms of the agreements,
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7 b. be convicted of a misdemeanor offense which reflects a
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8 propensity for violence,
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9 c. be arrested for a violent felony offense, or
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10 d. be convicted of any felony offense,
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1 1 the offender may be required, after a court hearing, to be revoked
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1 2 from the program and sentenced without trial pursuant to the
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1 3 punishment provisions of the negotiated plea agreement; and
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14 10. An explanation of the criminal record retention and
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1 5 disposition resulting from participation in the drug court program
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1 6 following successful completion of the program.
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17 D. 1. The offender may request consideration for the drug
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1 8 court program as follows:
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19 a. if the offender is incarcerated, the offender must
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20 sign and complete the eligibility form and return it
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21 to the sheriff, if the offender is held in the county
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22 jail; or to the chief of police, if the offender is
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23 held in a city jail. The sheriff or chief of police,
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24 upon receipt of the completed eligibility form, shall
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1 file the form with the drug court coordinator who
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2 shall forward the form to the district attorney and
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3 the judge assigned to the offender's case, or
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4 b. after release of the offender from incarceration, the
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5 offender must sign and complete the eligibility form
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6 and file it with the drug court coordinator or the
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7 court, prior to or at the time of either initial
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8 appearance or arraignment. The drug court coordinator
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9 shall forward the form to the district attorney and
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10 the judge assigned to the offender's case.
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11 2. Any offender desiring legal consultation prior to signing or
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1 2 completing the form for consideration in a drug court program shall
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1 3 be referred to the defense attorney of the drug court team, or a
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1 4 public defender, if the offender is indigent, or allowed to consult
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1 5 with private legal counsel.
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16 3. Nothing contained in the provisions of this subsection shall
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1 7 prohibit the drug court from considering any offender deemed
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1 8 eligible for the program at any time prior to sentencing whose case
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1 9 has been prosecuted in the traditional manner, or upon a violation
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2 0 of parole or probation conditions relating to substance abuse, upon
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2 1 recommendation of the district attorney as provided in Section 471.8
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2 2 of this title.
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23 E. When an offender has filed a request to be considered for a
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2 4 drug court program, an initial hearing shall be set before the drug
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1 court judge. The hearing shall be not less than three (3) work days
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2 nor more than five (5) work days after the date of the filing of the
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3 request form. Notice of the hearing shall be given to the drug
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4 court team, or in the event no drug court team is designated, to the
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5 offender, the district attorney, and to the public defender. The
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6 offender shall be required to notify any private legal counsel of
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7 the date and time of the hearing.
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8 SECTION 2. This act shall become effective November 1, 2026.
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10 60-2-2240 BLB 12/4/2025 3:54:39 PM
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Req. No. 2240 Page 7Every fact on this page links to its source, starting with the official bill record.