§22-983b. Released persons – Hearing to determine ability to pay
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/ok/title-22-criminal-procedure/22-983b·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
fines, fees and costs.
A. Any person released on parole or released without parole from a term of imprisonment with the Department of Corrections shall be required to report at a time not less than one hundred eighty
(180)days after his or her release from the Department of Corrections to:
1. The district court of the county from which the judgment and sentence resulting in incarceration arose; and
2. All other district courts or municipal courts where the person owes fines, fees, costs and assessments, for the purpose of scheduling a hearing to determine the ability of the person to pay fines, fees, costs or assessments owed by the person in every felony or misdemeanor criminal case filed in a district court or criminal case filed in a municipal court of this state. Such hearing shall be held in accordance with the provisions of Section VIII of the Rules of the Court of Criminal Appeals, 22 O.S. 2011, Ch. 18, App. A court may for good cause shown or in its discretion continue such hearing for up to one hundred eighty
(180)days.
B. In determining the ability of the person to satisfy fines, fees, costs or assessments owed to a district or municipal court, the court shall inquire of the person at the time of the hearing which counties and municipalities the person owes fines, fees, costs or assessments in every felony or misdemeanor criminal case filed against the person and shall consider all court-ordered debt, including restitution and child support, in determining the ability of the person to pay. In calculating and determining the ability of a person to pay his or her fines, fees, costs, or assessments under the provisions of this subsection, any monies received from a federal or state government need-based assistance program shall not be counted as personal income to pay for the legal and financial obligations owed to the court.
The court may reduce a person's
fines, fees, costs, or assessments if it is determined by the court that the person does not have the ability to pay the fines, fees, costs, or assessments. However, if the court determines that a reduction in the fines, fees, costs, or assessments is warranted, the court shall equally apply the same percentage reduction to the fines, fees, costs, or assessments owed by the person. The person shall not be required to pay any outstanding fines, fees, costs or assessments prior to the expiration of the one-hundred-eighty-day period; provided, however, the person shall not be precluded from voluntarily making payment toward the satisfaction of any fines, fees, costs or assessments due and owing to a district or municipal court of this state.
C. The Court of Criminal Appeals shall promulgate rules governing the provisions of this section including, but not limited to:
1. Reporting, hearing and payment requirements as provided for in subsections A and B of this section;
2. Consolidating district and municipal court fines, fees, costs or assessments owed by a person into one order for payment; and
3. Accepting and distributing payments received for fines, fees, costs or assessments to various district and municipal courts when consolidated by the court into one order for payment. Added by Laws 2016, c. 392, § 2, eff. Nov. 1, 2016. Amended by Laws 2022, c. 29, § 2, eff. Nov. 1, 2022.