§22-985.1. Departure from mandatory minimum sentencing –
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/ok/title-22-criminal-procedure/22-985-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Requirements - Exceptions.
A. When sentencing a person convicted of a criminal offense for which there is a mandatory minimum sentence of imprisonment, the court may depart from the applicable sentence if the court finds substantial and compelling reasons on the record, after giving due regard to the nature of the crime, history, and character of the defendant and his or her chances of successful rehabilitation, that:
1. The mandatory minimum sentence of imprisonment is not necessary for the protection of the public; or
2. Imposition of the mandatory minimum sentence of imprisonment would result in substantial injustice to the defendant; or
3. The mandatory minimum sentence of imprisonment is not necessary for the protection of the public and the defendant, based on a risk and needs assessment, is eligible for an alternative court, a diversion program or community sentencing, without regard to exclusions because of previous convictions, and has been accepted to the same, pending sentencing.
B. The court shall not have the discretion to depart from the applicable mandatory minimum sentence of imprisonment on convictions for criminal offenses under the following circumstances:
1. The offense for which the defendant was convicted is among those crimes listed in Section 571 of Title 57 of the Oklahoma Statutes as excepted from the definition of "nonviolent offense";
2. The offense for which the defendant was convicted was a sex offense and will require the defendant to register as a sex offender pursuant to the provisions of the Sex Offenders Registration Act;
3. The offense for which the defendant was convicted involved the use of a firearm;
4. The offense for which the defendant was convicted is a crime listed in Section 13.1 of Title 21 of the Oklahoma Statutes requiring the defendant to serve not less than eighty-five percent (85%) of any sentence of imprisonment imposed by the judicial system prior to becoming eligible for consideration for parole;
5. The offense for which the defendant was convicted is a violation of the Trafficking in Illegal Drugs Act as provided in Sections 2-414 through 2-420 of Title 63 of the Oklahoma Statutes;
6. The defendant was the leader, manager or supervisor of others in a continuing criminal enterprise; or
7. The offense for which the defendant was convicted is a violation of the Oklahoma Antiterrorism Act as provided in Sections 1268 through 1268.8 of Title 21 of the Oklahoma Statutes.
C. Any departure from the mandatory minimum sentence as authorized in this section shall not reduce the sentence to less than twenty-five percent (25%) of the mandatory term. Added by Laws 2015, c. 243, § 2, eff. Nov. 1, 2015. Amended by Laws 2018, c. 128, § 3, eff. Nov. 1, 2018.