§ 57-612. Persons convicted of driving under influence of alcohol or other intoxicant or controlled dangerous substance - Processing, classification and assignment.

A.  Any person convicted of violating the provisions of Section 11-902 of Title 47 of the Oklahoma Statutes and sentenced to the custody of the Department of Corrections shall be processed through the Lexington Assessment and Reception Center or other location determined by the Director of the Department of Corrections, classified and assigned as follows:

1.  To the Department of Mental Health and Substance Abuse Services for substance abuse treatment, if the person is evaluated to be receptive to treatment and not deemed by the Department of Corrections to be a security risk.  The inmate may be required to reimburse the Department of Mental Health and Substance Abuse Services for all or part of the actual cost incurred for treatment of the inmate while the inmate is assigned to the Department of Mental Health and Substance Abuse Services.  The Department of Corrections shall determine whether the inmate has the ability to pay for all or part of the cost of treatment.  While assigned to a Department of Mental Health and Substance Abuse Services treatment program the inmate shall comply with the rules and regulations as agreed upon by the Department of Mental Health and Substance Abuse Services and the Department of Corrections.  Any infraction of said rules may result in the inmate's reassignment to a correctional facility of the Department of Corrections.  Upon successful completion of the treatment program the inmate shall be properly reassigned by the Department of Corrections for the completion of the sentence imposed by the court.  Prior to discharge from the treatment facility, the treatment facility shall forward to the Department of Corrections a report and discharge summary including arrangements and recommendations for further disposition and follow-up treatment;

2.  To an inpatient substance abuse treatment program with the offender paying for the treatment.  Upon successful completion of the inpatient treatment program, the offender may be assigned to a halfway house, structured community placement, or home placement with the advice of the treatment provider.  The Department of Corrections shall require as a condition of any assignment that the offender have electronic monitoring or ignition interlock device requirements, or both, as a condition of placement.  The offender shall be responsible for all costs and fees associated with electronic monitoring, ignition interlock device, and supervision; or

3.  To a correctional facility when:

a.the person is evaluated not to be receptive to treatment,

b.the person is evaluated to be a security risk, or

c.              the person requires educational, medical or other services or programs not available in the community setting as determined by the Department.

B.  As used in this section:

1.  "Substance abuse treatment program" means a residential or outpatient program certified by the Department of Mental Health and Substance Abuse Services and selected by the Department of Corrections to provide substance abuse treatment for the inmate;

2.  "Electronic monitoring" means monitoring of the inmate within a specified location or locations in a community setting by means of an electronic bracelet or other device; and

3.  “Ignition interlock device” means a device that, without tampering or intervention by another person, would prevent the defendant from operating a motor vehicle if the defendant has a blood or breath alcohol concentration of five-hundredths (0.05) or greater.

Added by Laws 1993, c. 276, § 14, emerg. eff. May 27, 1993.  Amended by Laws 1998, c. 89, § 8, eff. July 1, 1998; Laws 1999, c. 170, § 3, eff. Nov. 1, 1999.