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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 22. CRIMINAL PROCEDURE

  § 22-988.18. Assessment and evaluation of defendants.  

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  • 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.

    B.  The Level of Services Inventory (LSI), or another 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 LSI or other approved 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 LSI or another approved 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 LSI or another approved assessment shall preclude the defendant from eligibility for any community punishment.

    E.  The completed LSI, or other approved 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 LSI assessment of the offender.  Unless otherwise prohibited by law, only offenders scoring in a range other than the low range on the LSI assessment and having at least one prior felony conviction 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 LSI.  Any felony offender scoring in the low risk/need levels on the LSI may be sentenced to a suspended sentence with minimal, if any, conditions of the sentence to be paid by the offender.  If the LSI or another assessment has been conducted, the evaluation report shall accompany the judgment and sentence.

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.