Okla. Stat. tit. 11 § 27-122.1

Current through Laws 2024, c. 453.

Section 27-122.1 - Execution of sentences of municipal court

A. All sentences of imprisonment shall be executed by the chief of police of the municipality, and any person convicted of a violation of any ordinance of the municipality and sentenced to imprisonment shall be confined in the jail, farm, or workhouse of the municipality, in the discretion of the court, for the time specified in the sentence; provided, however, the court may, in lieu of imprisonment, order the defendant to engage in a term of community service without compensation. If the defendant fails to perform the required community service or if the conditions of community service are violated, the judge may impose a sentence of imprisonment, not to exceed the maximum sentence allowable for the violation for which the defendant was convicted.

B. The judge of the municipal court imposing a judgment and sentence, at the judge's discretion, is empowered to modify, reduce, suspend, or defer the imposition of a sentence or any part thereof and to authorize probation for a period not to exceed six (6) months from the date of sentence under terms or conditions as the judge may specify. Procedures relating to suspension of the judgment or costs or both shall be as provided in Section 27-123 of Title 11 of the Oklahoma Statutes. Upon completion of the terms of probation, the defendant shall be discharged without a court judgment of guilt, and the verdict, judgment of guilty, or plea of guilty shall be expunged from the record and the charge dismissed with prejudice to any further action. Upon a finding of the court that the conditions of probation have been violated, the municipal judge may enter a judgment of guilty.

C. The judge of the municipal court may continue or delay imposing a judgment and sentence for a period of time not to exceed six (6) months from the date of sentence. At the expiration of this period of time the judge may allow the municipal attorney to amend the charge to a lesser offense.

D. If a deferred sentence is imposed, an administrative fee not to exceed Five Hundred Dollars ($500.00) may be imposed as costs in the case, in addition to any deferral fee otherwise authorized by law.

Okla. Stat. tit. 11, § 27-122.1

Added by Laws 1987, SB 292, c. 173, § 1, eff. 11/1/1987; Amended by Laws 1990, HB 2080, c. 69, § 1, eff. 9/1/1990; Amended by Laws 1999 , SB 545, c. 412, § 2, eff. 11/1/1999; Amended by Laws 2004 , HB 2606, c. 173, § 4, eff. 11/1/2004.