A. On and after March 1, 2000, for each felony offender considered for any community punishment pursuant to the Oklahoma Community Sentencing Act, the judge shall, prior to sentencing, order an assessment and evaluation of the defendant as required by law. The judge may determine that no additional assessment is required if one was completed within the last six (6) months.
B. The risk and needs assessment and evaluation instrument designed to predict risk to recidivate approved by the Department of Corrections, shall be required to determine eligibility for any offender sentenced pursuant to the Oklahoma Community Sentencing Act. The completed assessment accompanied by a written supervision plan shall be presented to and reviewed by the court prior to determining any punishment for the offense. The purpose of the assessment shall be to identify the extent of the deficiencies and pro-social needs of the defendant, the potential risk to commit additional offenses that threaten public safety, and the appropriateness of various community punishments.
C. Upon order of the court, the defendant shall be required to submit to the risk and needs assessment which shall be administered and scored by an appropriately trained person pursuant to a service agreement with the local community sentencing system. Any defendant lacking sufficient skills to comprehend or otherwise participate in the assessment and evaluation shall have appropriate assistance. If it is determined that the offender cannot be adequately evaluated using the risk and needs assessment, the offender shall be deemed ineligible for any community services pursuant to the Oklahoma Community Sentencing Act, and shall be sentenced as prescribed by law for the offense.
D. The willful failure or refusal of the defendant to be assessed and evaluated by using the risk and needs assessment shall preclude the defendant from eligibility for any community punishment.
E. The completed risk and needs assessment, shall include a written supervision plan and identify an appropriate community punishment, if any, when the offender is considered eligible for community punishments based upon the completed risk/need score from the risk and needs assessment of the offender. Unless otherwise prohibited by law, only eligible offenders, as defined in Section 988.2 of this title, shall be eligible for any state-funded community punishments.
F. The court is not required to sentence any offender to a community punishment regardless of an eligible score on the risk and needs assessment. Any felony offender scoring in the low risk/need levels on the risk and needs assessment may be sentenced to a suspended sentence with minimal, if any, conditions of the sentence to be paid by the offender. If the risk and needs assessment has been conducted, the evaluation report shall accompany the judgment and sentence, provided the risk and needs assessment indicates the offender is in need of this level of supervision and treatment.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 18, eff. July 1, 1999. Amended by Laws 2002, c. 165, § 6, eff. July 1, 2002; Laws 2011, c. 218, § 3, eff. Nov. 1, 2011; Laws 2018, c. 128, § 6, eff. Nov. 1, 2018; Laws 2019, c. 25, § 18, emerg. eff. April 4, 2019.
NOTE: Laws 2018, c. 85, § 1 repealed by Laws 2019, c. 25, § 19, emerg. eff. April 4, 2019.