Oklahoma law sets drug court screening and application rules

Jail officials review people for possible drug court eligibility. A sheriff or designee reviews people held in a county jail; a police chief or designee reviews people held in a city jail. The review considers information about the charge and possible substance use, including whether the person admits to, appears to have, or is known to have an addiction, or an assessment recommends drug court. The text also lists charge and prior-record limits, but the domestic violence passage is unclear. A person may be reviewed any time before the case is decided and the person is sentenced, including sentencing after a probation violation.

People may ask to be considered for drug court by completing an eligibility form. The form process covers people who appear potentially eligible, including some whose cases were handled through ordinary prosecution or who face substance-related probation or parole violations. People in jail return the form to the sheriff or police chief; after release, they file it with the drug court coordinator or court by their first appearance or arraignment. People may consult a lawyer before signing. After a hearing, a judge may decide not to consider someone for drug court; that person would then face ordinary prosecution. A person released from jail must file the form by their first court appearance or arraignment. After a request is filed, the judge’s first hearing is set three to five work days later.

People accepted into drug court must enter a written plea agreement and agree to program terms. These terms apply to people accepted into a drug court program. Before consideration, a person must plead guilty under a written agreement and voluntarily waive the rights to a speedy trial and preliminary hearing, follow a treatment plan, and sign a performance contract. After successful completion, the person may not be jailed or sent to state prison for that offense. After a hearing, listed failures or offenses may lead to removal and sentencing under the plea agreement; confinement in an intermediate revocation facility is limited to two terms of six months each. The law takes effect November 1, 2026. The plea and program agreements apply before and during participation.