A. A Probation and Parole Officer, upon information sufficient to give the officer reasonable grounds to believe that a probationer has been charged with or found guilty of committing a felony or misdemeanor offense, or has escaped from custody as provided in Section 443 of Title 21 of the Oklahoma Statutes, shall notify the Department. If it is determined that the facts justify revocation action, the Department shall issue a warrant for the arrest of the probationer and the warrant shall have the force and effect of any warrant of arrest issued by a district court in this state. A probationer shall, after arrest, be immediately incarcerated in the nearest county jail or intermediate sanctions facility to await action by the court as to whether the probation will be revoked.
B. A Probation and Parole Officer, upon information sufficient to give the officer reasonable grounds to believe that a probationer has violated the terms or conditions of probation, may notify the Department. If it is determined that the facts justify disciplinary sanctions, the Department shall issue a warrant for the arrest of the probationer and the warrant shall have the force and effect of any warrant of arrest issued by a district court in this state. The probationer shall, after arrest, be immediately incarcerated in the nearest county jail or intermediate sanction facility to await action by the court as to whether disciplinary sanctions shall be imposed. Upon approval of the court and the Department of Corrections, the probationer shall be placed in an intermediate revocation facility for disciplinary sanction and intensive programmatic services in lieu of a first revocation. Repeated violations by the probationer of the terms and conditions of probation may result in a revocation proceeding.
C. Any probationer for whom a warrant for arrest issues as provided in subsection A of this section may, at the discretion of the court, be placed in an intermediate sanctions facility pending or following any action by the court as to revocation of probation or required additional conditions to remain on probation. A probationer may be processed by the Department on an expedited basis through any facility serving such purpose or may be processed directly by the intermediate sanctions facility.
D. Nothing in this section shall preclude a district attorney from initiating an application to revoke a suspended sentence pursuant to subsection A of this section without a recommendation from the Department or from initiating an application to revoke a suspended sentence and referring the person to an intermediate revocation facility without a recommendation from the Department pursuant to subsection B of this section, when the district attorney believes that competent evidence justifies the revocation of the suspended sentence.
Added by Laws 1967, c. 261, § 17, operative July 1, 1967. Amended by Laws 1975, c. 366, § 7, eff. Oct. 1, 1975; Laws 1980, c. 210, § 8, eff. Oct. 1, 1980; Laws 2002, c. 211, § 3, eff. July 1, 2002; Laws 2012, c. 228, § 8, eff. Nov. 1, 2012.