Criminal Justice

SB 1089 modifies Oklahoma's process for handling criminal cases involving defendants found incompetent to stand trial *and* dangerous, specifically for those charged with serious felonies (e.g., murder, assault) or violent crimes. It requires courts to use a "clear and convincing evidence" standard - stronger than typical criminal cases - to determine if such defendants committed the crimes, before allowing continued custody. The bill mandates the Department of Mental Health to report regularly to courts about these defendants and prohibits their release until the maximum possible sentence period for the alleged crime expires. This affects only defendants meeting all three criteria: incompetence, dangerousness, and charges for specific serious crimes.

SB 85 increases the daily reimbursement rate for Oklahoma counties housing state inmates from $27 to $32 per inmate. Counties that incur higher actual costs can request reimbursement for those costs by September 30, with the state either accepting the amount or having the State Auditor determine it if rejected. The bill also adds a 3% annual inflation adjustment to the base rate and specifies that reimbursements must cover jail operational expenses and personnel costs. This directly affects county governments managing jails under state incarceration agreements.

HB 1462 requires Oklahoma courts to prioritize ordering restitution payments to crime victims when sentencing convicted defendants (excluding death penalty cases). The bill amends sentencing procedures to ensure courts consider restitution as a key requirement before other sentencing options, with interest accruing at 12% annually. It directly affects convicted individuals who must pay restitution, crime victims who receive priority for compensation, and courts that must now formally prioritize this in sentencing decisions. The law applies to all criminal convictions where restitution is feasible without causing undue hardship to the defendant.

HB 1460 adds new fees for criminal convictions in Oklahoma. It requires courts to collect a $10 fee for most convictions (excluding parking violations) and a $150 laboratory analysis fee for cases involving forensic services from OSBI, the Chief Medical Examiner, or local agencies. Funds from these fees are deposited into specific accounts: the $150 fees go to OSBI, medical examiner, or local law enforcement revolving funds, while the $10 fees fund the CLEET Training Center and General Revenue. The bill also creates a $5 fee for misdemeanor marijuana possession cases, with proceeds going to a drug education fund. These fees apply to individuals convicted of offenses punishable by fines or jail time, excluding minor traffic violations.