OK HB1855

Courts may defer criminal proceedings for up to 10 years without entering a judgment of guilt, with defendant consent, imposing conditions such as restitution, court costs, community service, and county jail confinement up to 90 days.

Defendants under community supervision must pay a $40.00 per month supervision fee (waivable if indigent), and those not under supervision must pay up to $40.00 monthly to the court fund, unless supervised by district attorney.

Supervision periods may be extended beyond the initial two-year limit if a petition alleging violation of deferred judgment conditions is filed during the supervision period.

Upon successful completion of all conditions and payment of fines and fees, the defendant is discharged without a guilt judgment and the record is expunged and dismissed with prejudice.

The deferred judgment procedure does not apply to defendants with prior felony convictions or prior deferred judgments within 10 years, nor to sex offenders required to register; the act becomes effective November 1, 2015.