A new Oklahoma law, Title 22 Section 991a-4.2, allows judges to review long-duration suspended sentences. Title 22 Section 991a-4.2 was passed by the Oklahoma legislature and signed by the governor in 2023. It focuses on suspended and split sentences with probation supervision. The law provides a procedure for potentially shortening long-duration suspended sentences for rehabilitated individuals upon court approval.
To qualify, a defendant must have received at least a portion of their sentence suspended by the court, and at least five years of the sentence must have already passed. However, eligibility to apply is only the first step in the process.
The court considers factors such as the completion of probation requirements and the absence of criminal violations while on probation when reviewing a sentence modification request.
What Sentences Are Impacted by the New Law?
Title 22 Section 991a-4.2 impacts suspended sentences and split sentences. A suspended sentence allows an individual to avoid serving jail time by complying with specific conditions laid out by the court. A split sentence allows a judge to split the sentence between time in prison and probation.
Suspended Sentences
A suspended sentence allows a judge to sentence someone to jail or prison, but the person can avoid incarceration by complying with conditions set by the court.
The penalty –going to jail or prison – is “suspended” provided the person complies with specific conditions and obligations. For example, a judge may suspend the incarceration portion of the sentence provided the individual serves a period of supervised probation and successfully completes all probation requirements, pays all costs, and refrains from committing other crimes.
Suspended sentences offer a way to avoid incarceration, but there are harsh penalties for violating the probation conditions. If a judge sentences someone to 10 years in prison and suspends it on the condition that the person remains under probation supervision, a violation of probation can result in the person being incarcerated for a total term of 10 years.
Split Sentences
A split sentence is a form of sentencing under Oklahoma law where a judge divides or splits the sentence between time in jail or prison and release on probation. The specific terms of a split sentence, including the duration of incarceration and probation, are determined by the court based on the circumstances of the case. For example, if a person receives a 10-year split sentence, a judge may direct that the person serve three years in prison and seven years on probation after release.
Does the New Law Apply to Deferred Sentences?
No, the new law does not apply to deferred sentences. The law only applies to those who have been convicted of a crime. The difference between a deferred sentence and a suspended sentence is that a deferred sentence means the individual is not officially convicted of a crime.
What Changes Does the New Law Bring to Sentence Modifications in Oklahoma?
Title 22 Section 991a-4.2 significantly reduces the influence of prosecutors over a defendant's ability to seek sentence modifications. Under this law, individuals with suspended sentences exceeding five years can now request an early evaluation hearing after serving at least five years. This hearing allows a judge to consider modifying the remaining portion of the sentence without requiring the district attorney's approval. The law also applies to split sentences, enabling individuals who have completed the incarceration portion to request a review of the suspended part of their sentence if more than five years remain.
Previously, Oklahoma law allowed individuals to request a review of their suspended sentence within five years of sentencing. However, if the request was made 12 months or more after sentencing, it required the district attorney's approval. Additionally, the prosecutor's consent was necessary for judicial review in cases resolved through plea bargains or jury verdicts, granting prosecutors substantial control over the possibility of sentence modification.
Who Qualifies for Sentencing Modification Under the New Law?
To qualify for sentencing modification under the new law a defendant must have received a suspended sentence of five years or less and the crime of conviction cannot be listed as a violent offense, and “85%” offense, or an offense involving domestic violence.
A defendant may only request one early evaluation hearing in a case without prior approval from the district attorney.
What Factors Are Considered by Courts When Reviewing a Sentence?
When reviewing a sentence the court may consider the absence of pending hearings to revocate the suspended sentence, absence of criminal violations while on probation, completion of all probation requirements, and objections from the district attorney or victims of the crime.
The factors the court may take into account when deciding to reduce the sentence length at the hearing are listed below.
- The absence of pending hearings to revocate the suspended sentence.
- Absence of criminal violations while on probation.
- Completion of all probation requirements, including completion of treatment and rehabilitation programs.
- Objections of the district attorney or the victims of the crime.
This review law allows judges to enable someone who demonstrates rehabilitation to rejoin society without the structure of supervised probation.
How to Find Out If You Qualify for Sentencing Modification Under the New Law
Individuals who wish to apply for a sentencing modification under the new law should follow the steps listed below.
- Contact a criminal defense law firm that specializes in post conviction relief
- Provide all documentation showing completion of your probation requirements.
- The criminal attorney then reaches out to prosecution to see if they object to the sentencing modification.
- A motion for hearing is drafted
- The motion for hearing is filed
- All parties are put on notice
- The court date is scheduled
- The hearing is conducted
- The decision is announced by the court.
Can A Suspended Sentence Review Be Requested Early?
Yes, an individual may request the hearing one year earlier if they have earned a high school diploma, GED, college degree or vocational certification, completed all other probation requirements, had no criminal violations or pending revocation hearings, and there is no objection from the district attorney.
