1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3546 By: Sterling
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6 AS INTRODUCED
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7 An Act relating to criminal procedures; amending 22
7 O.S. 2021, Section 983, as amended by Section 3,
8 Chapter 247, O.S.L. 2023 (22 O.S. Supp. 2023, Section
8 983), which relates to certain court related
9 financial obligations; modifying procedure related to
9 certain warrants; prescribing notice requirement;
10 modifying provisions related to hearings for cost
10 arrest warrant; specifying certain time period after
11 arrest; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 22 O.S. 2021, Section 983, as
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17 amended by Section 3, Chapter 247, O.S.L. 2023 (22 O.S. Supp. 2023,
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18 Section 983), is amended to read as follows:
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19 Section 983. A. As used in this section, unless the context
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20 otherwise requires:
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21 1. "Cost arrest warrant" means a warrant authorizing arrest
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22 that is issued by a court under the following circumstances:
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23 a. failure to comply with the terms of a court financial
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24 obligations payment plan,
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 1 b. failure to appear at a cost hearing or willfulness
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2 hearing, or
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3 c. failure to appear at the office of the court clerk of
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4 the county in which the court financial obligation is
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5 owed within ten (10) days of being cited by a law
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6 enforcement officer to appear;
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7 2. "Cost cite and release warrant" means a warrant issued by a
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8 court authorizing citation and release under the following
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9 circumstances:
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10 a. failure to comply with terms of a court financial
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11 obligations payment plan, or
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12 b. failure to appear at a cost hearing or willfulness
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13 hearing;
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14 3. "Cost hearing" means a hearing in which the court determines
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15 the ability of a defendant to pay court financial obligations. Once
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16 a cost hearing date has been set, all court financial obligations
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17 shall be suspended until the cost hearing has been held;
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18 4. "Court financial obligation" means all financial obligations
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19 including fines, costs, fees, and assessments, imposed by the court
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20 or required by law to be paid, excluding restitution or payments to
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21 be made other than to the court clerk;
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22 5. "Payment-in-full" means a court financial payment term that
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23 requires the defendant to pay the full amount of court financial
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24 obligations owed within ninety (90) days of a plea or sentence in
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 1 the district court or within thirty (30) days of a plea or sentence
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2 in the municipal court;
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3 6. "Payment-in-installments" means payment terms for court
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4 financial obligations that require the defendant to make monthly
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5 payments in any amount until the amount owed is fully paid; and
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6 7. "Willfulness hearing" means a hearing in which the court
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7 determines whether a defendant who has previously been found to have
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8 the ability to pay court financial obligations has willfully failed
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9 to pay the debt.
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10 B. 1. Except in cases provided for in Section 983b of this
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11 title, when the judgment and sentence of a court, either in whole or
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12 in part, imposes court financial obligations upon a defendant, the
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13 court at the time of sentencing may immediately, or at any point
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14 thereafter until the debt is either paid or waived, determine the
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15 ability of a defendant to pay the court financial obligations. The
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16 court may make such determinations at a cost hearing or upon written
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17 motion or affidavit by the defendant. The ability of a defendant to
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18 pay court financial obligations may not impact the sentence imposed.
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19 2. Defendants with court financial obligations who are found by
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20 the court to be unable to pay, in whole or in part, shall be
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21 relieved of the debt by the court through a hardship waiver of the
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22 court financial obligations, either in whole or in part.
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23 3. In determining the ability of a defendant to pay, the court
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24 shall consider the following factors:
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 1 a. individual and household income,
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2 b. household living expenses,
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3 c. number of dependents,
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4 d. assets,
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5 e. child support obligations,
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6 f. physical or mental health conditions that diminish the
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7 ability to generate income or manage resources,
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8 g. additional case-related expenses to be paid by the
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9 defendant, and
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10 h. any other factors relevant to the ability of the
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11 defendant to pay.
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12 4. In determining the ability of a defendant to pay, the
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13 following shall not be considered as income or assets:
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14 a. child support income,
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15 b. any monies received from a federal, state, or tribal
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16 government need-based or disability assistance
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17 program, or
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18 c. assets exempt from bankruptcy.
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19 5. Defendants in the following circumstances are presumed
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20 unable to pay and eligible for relief under paragraph 2 of this
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21 subsection:
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22 a. designated as totally disabled by any federal, state,
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23 or tribal disability services program including but
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24 not limited to military disability, Social Security
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 1 Disability Insurance, Supplemental Security Income, or
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2 tribal disability benefits,
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3 b. receives support from the Temporary Assistance for
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4 Needy Families program, Supplemental Nutrition
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5 Assistance Program, the Special Supplemental Nutrition
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6 Program for Women, Infants, and Children nutrition
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7 education and supplemental food program, or any other
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8 federal need-based financial support,
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9 c. receives subsidized housing support through the
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10 Housing Choice Voucher program, the United States
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11 Department of Housing and Urban Development, or other
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12 state, local, or federal government housing subsidy
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13 program, or
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14 d. total income is below one hundred fifty percent (150%)
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15 of the federal poverty level.
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16 C. 1. At the time of a plea or sentencing, the court shall
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17 inform the defendant of the total court financial obligations owed,
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18 the consequences of failing to pay the court financial obligations,
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19 and that the defendant may request a cost hearing if at any time he
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20 or she is unable to pay the court financial obligations, at which
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21 point the court may waive all or part of the debt owed. If the
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22 total amount of court financial obligations owed is not available at
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23 the time of the plea or sentencing, the court shall inform the
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24 defendant that court financial obligations have been incurred and
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 1 the time and location where the defendant may learn of the total
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2 amount owed.
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3 2. The court shall order the defendant to appear immediately
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4 after sentencing at the office of the court clerk to provide current
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5 contact information and to either select payment terms or request a
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6 cost hearing. Failure to immediately report to the court clerk
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7 shall result in the full amount of court financial obligations to be
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8 due thirty (30) days from the date of the plea or sentencing in
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9 district courts or thirty (30) days from the date of the plea or
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10 sentencing in municipal courts.
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11 3. Payment of court financial obligations may be made under the
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12 following terms:
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13 a. payment in full, or
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14 b. payment in installments.
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15 Upon any change in circumstances affecting the ability of a
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16 defendant to pay, a defendant may request a cost hearing before the
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17 court by contacting the court clerk.
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18 4. The district court for each county and all municipal courts
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19 shall provide a cost hearing for any defendant upon request, either
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20 by establishing a dedicated docket or on an as-requested basis. A
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21 defendant who requests a cost hearing will receive a summons by
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22 personal service or by United States mail to appear in court as
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23 required by subsection G of this section. If a defendant fails to
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24 appear for a requested cost hearing, the court may issue either a
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 1 cost cite and release warrant or a cost arrest warrant. No fees
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2 shall be assessed or collected from the defendant as a consequence
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3 of either requesting a cost hearing or the issuing of a cost cite
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4 and release warrant.
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5 D. In determining the ability of the defendant to pay court
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6 financial obligations, the court may rely on testimony, relevant
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7 documents, and any information provided by the defendant using a
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8 cost hearing affidavit promulgated by the Court of Criminal Appeals.
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9 In addition, the court may make inquiry of the defendant and
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10 consider any other evidence or testimony concerning the ability of
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11 the defendant to pay.
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12 E. 1. If at the initial cost hearing or any subsequent cost
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13 hearing, the court determines that the defendant is able to pay some
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14 or all of the court financial obligations, the court may order any
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15 of the following conditions for payment:
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16 a. payment in full,
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17 b. payment in installments,
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18 c. financial incentive under a set of conditions
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19 determined by the court, or
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20 d. community service in lieu of payment; provided, the
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21 defendant shall receive credit for no less than two
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22 times the amount of the minimum wage specified
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23 pursuant to state law for each hour of community
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24 service.
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 1 2. Any defendant who fails to comply with the terms of the
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2 payment plan ordered by the court shall be considered delinquent and
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3 the court may issue either a cost cite and release warrant or a cost
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4 arrest warrant.
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5 F. If the court determines that a waiver of any of the court
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6 financial obligations is warranted, the court shall apply the same
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7 percentage reduction equally to all fines, costs, fees, and
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8 assessments, excluding restitution.
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9 G. 1. A defendant is considered delinquent in the payment of
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10 court financial obligations under the following circumstances:
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11 a. when the total amount due has not been paid by the due
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12 date, or
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13 b. when no installment payments have been received in the
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14 most recent ninety-day period.
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15 2. The court clerk shall periodically review cases for
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16 delinquency at least once every six (6) months and, upon identifying
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17 a delinquent defendant, notify the court which shall, within ten
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18 (10) days thereafter, set a cost hearing for the court to determine
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19 if the defendant is able to pay. The cost hearing shall be set
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20 within forty-five (45) days of the issuance of the summons. The
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21 hearing shall be set on a date that shall allow the court clerk to
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22 issue a summons fourteen (14) days prior to the cost hearing.
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23 Defendants shall incur no additional fees associated with the
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24 issuance of the summons.
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 1 3. At least fourteen (14) days prior to the cost hearing, the
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2 court clerk shall issue one summons to the defendant to be served by
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3 United States mail to the mailing address of the defendant on file
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4 in the case, substantially as follows:
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5 SUMMONS
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6 You are ORDERED to appear for a COST HEARING at a specified
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7 time, place, and date to determine if you are financially able to
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8 pay the fines, costs, fees, or assessments or an installment due in
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9 Case No.__________.
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10 YOU MUST BE PRESENT AT THE HEARING.
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11 At any time before the date of the cost hearing, you may contact
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12 the court clerk and pay the amount due or request in writing or in
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13 person prior to the court date, that the hearing be rescheduled for
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14 no later than thirty (30) days after the scheduled time.
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15 THIS IS NOT AN ARREST WARRANT. However, if you fail to appear
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16 for the cost hearing or pay the amount due, the court will issue a
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17 WARRANT and refer the case to a court cost compliance liaison which
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18 will cause an additional administrative fee of up to thirty-five
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19 percent (35%) to be added to the amount owed and may include
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20 additional costs imposed by the court.
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21 4. Referrals to the court cost compliance program as provided
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22 in subsection L of this section shall be made as follows:
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23 a. courts shall refer a case to the court cost compliance
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24 program upon the issuance of a cost arrest warrant,
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 1 b. courts may refer a case to the court cost compliance
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2 program upon the issuance of a cost cite and release
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3 warrant, or
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4 c. courts may refer a case to the court cost compliance
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5 program without the issuance of a warrant; provided,
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6 the defendant is delinquent and has had sufficient
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7 notice and opportunity to have a cost hearing.
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8 5. A municipal court, in lieu of mailing the summons provided
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9 for in this subsection, may give the summons to the defendant in
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10 person at the time of sentencing or subsequent appearance of a
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11 specific date, time, and place, not fewer than thirty (30) days nor
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12 more than one hundred twenty (120) days from the date of sentencing
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13 to appear for a cost hearing if the court financial obligations
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14 remain unpaid.
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15 H. 1. If a defendant is found by a law enforcement officer to
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16 have an outstanding cost cite and release warrant, the law
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17 enforcement officer shall issue a Warning/Notice to appear within
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18 ten (10) days of release from detention on the warrant to the court
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19 clerk of the court in which the court financial obligations are
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20 owed. If the officer has the necessary equipment, the officer shall
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21 immediately transmit the Warning/Notice electronically to the court
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22 clerk of the court in which the court financial obligations are
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23 owed. The law enforcement officer shall not take the defendant into
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24 custody on the cite and release warrant, and no other law
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 1 enforcement officer who encounters the defendant during this ten-day
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2 period may take the defendant into custody on the warrant. If the
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3 law enforcement officer is unable to transmit the Warning/Notice
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4 electronically to the court clerk, the officer shall inform the
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