§ 22-991d. Supervision fee.

A.  1.  When the court orders supervision by the Department of Corrections, or the district attorney requires the Department to supervise any person pursuant to a deferred prosecution agreement, the person shall be required to pay a supervision fee of Forty Dollars ($40.00) per month during the supervision period, unless the fee would impose an unnecessary hardship on the person.  In hardship cases, the Department shall expressly waive all or part of the fee.  The court shall make payment of the fee a condition of the sentence which shall be imposed whether the supervision is incident to the suspending of execution of a sentence, incident to the suspending of imposition of a sentence, or incident to the deferral of proceedings after a verdict or plea of guilty.  The Department shall determine methods for payment of supervision fee, and may charge a reasonable user fee for collection of supervision fees electronically.  The Department is required to report to the sentencing court any failure of the person to pay supervision fees and to report immediately if the person violates any condition of the sentence.

2.  When the court imposes a suspended or deferred sentence for any offense and does not order supervision by the Department of Corrections, the offender shall be required to pay to the district attorney a supervision fee of Forty Dollars ($40.00) per month.  In hardship cases, the district attorney shall expressly waive all or part of the fee.

3.  If restitution is ordered by the court in conjunction with supervision, the supervision fee will be paid in addition to the restitution ordered.  In addition to the restitution payment and supervision fee, a reasonable user fee may be charged by the Department of Corrections to cover the expenses of administration of the restitution, except no user fee shall be collected by the Department when restitution payment is collected and disbursed to the victim by the office of the district attorney as provided in Section 991f of this title or Section 991f-1.1 of this title.

B.  The Pardon and Parole Board shall require a supervision fee to be paid by the parolee as a condition of parole which shall be paid to the Department of Corrections.  The Department shall determine the amount of the fee as provided for other persons under supervision by the Department.

C.  Upon acceptance of an offender by the Department of Corrections whose probation or parole supervision was transferred to Oklahoma through the Interstate Compact Agreement, or upon the assignment of an inmate to any community placement, a fee shall be required to be paid by the offender to the Department of Corrections as provided for other persons under supervision of the Department.

D.  Except as provided in subsection A and this subsection, all fees collected pursuant to this section shall be deposited in the Department of Corrections Revolving Fund created pursuant to Section 557 of Title 57 of the Oklahoma Statutes.  For the fiscal year ending June 30, 1996, fifty percent (50%) of all collections received from offenders placed on supervision after July 1, 1995, shall be transferred to the credit of the General Revenue Fund of the State Treasury until such time as total transfers equal Three Million Three Hundred Thousand Dollars ($3,300,000.00).

Added by Laws 1972, c. 121, § 1, emerg. eff. March 31, 1972.  Amended by Laws 1976, c. 160, § 4, eff. Oct. 1, 1976; Laws 1978, c. 273, § 16, emerg. eff. May 10, 1978; Laws 1981, c. 58, § 1, operative July 1, 1981; Laws 1988, c. 310, § 7, operative July 1, 1988; Laws 1995, c. 286, § 7, eff. July 1, 1995; Laws 1996, c. 304, § 3, emerg. eff. June 10, 1996; Laws 2001, c. 437, § 19, eff. July 1, 2001; Laws 2003, c. 474, § 4, eff. Nov. 1, 2003; Laws 2005, c. 374, § 3, eff. Nov. 1, 2005; Laws 2006, c. 159, § 1, eff. July 1, 2006; Laws 2008, c. 345, § 1, eff. July 1, 2008; Laws 2009, c. 138, § 1, eff. July 1, 2009.