A. Upon proper motion to the court to modify a community sentence as provided in Section 988.19 of this title, the court shall have authority to impose disciplinary sanctions or incentives. An order for a disciplinary sanction shall not modify the terms of the original sentence and shall be imposed only to gain compliance with the terms of the court-ordered community punishment. The court may order any community punishment available and funded in the jurisdiction that is deemed appropriate by the court for the circumstance including but not limited to a term of imprisonment specified in Section 991b of this title per motion for modification in either: 1. The county jail; 2. A residential treatment facility; 3. A restrictive housing facility; or 4. A halfway house. When the offender is to be confined, the sheriff shall, upon order of the court, deliver the offender to the designated place of confinement, provided the place of confinement has an agreement for confinement services with the local community sentencing system or is the county jail. The sheriff shall be reimbursed by the local community sentencing system for transporting offenders pursuant to this subsection. The offender shall be given day-for-day credit for any terms of incarceration served in the county jail or other restrictive facility when the sentence is modified. B. The court may, through a standing court order, provide for specific sanctions and incentives which may be utilized by the local administrator upon notification to the court. C. When a motion for modification has been filed pursuant to Section 988.19 of this title, the court shall have authority to offer incentives to offenders to encourage proper conduct in the community and for compliance with the community punishments. The court shall use its discretion in ordering appropriate incentives. Incentives shall be considered a reduction and modification to the community punishment and may be ordered after the motion to modify has been heard. D. Notwithstanding any other provision of law, if the driving privileges of the offender have been suspended, revoked, canceled, or denied by Service Oklahoma for any reason other than a conviction for reckless driving or driving under the influence pursuant to Section 11-901, 11-902, or 11.906.4 of Title 47 of the Oklahoma Statutes, and if the court determines that no other means of transportation for the offender participating in the community sentencing program is available, the court may enter a written order requiring Service Oklahoma to stay any and all such actions against the Class D driving privileges of the offender. Such stay shall not be construed to grant driving privileges to an offender who has not been issued a driver license by Service Oklahoma or whose Oklahoma driver license has expired, in which case the offender shall be required to apply for and be found eligible for a driver license, pass all examinations, if applicable, and pay all statutory driver license issuance or renewal fees. The offender shall provide proof of insurance to the court prior to an order for a stay of any driver license suspension, revocation, cancellation, or denial. When a court enters a stay against an order by Service Oklahoma suspending or revoking the driving privileges of an offender who is participating in the community sentencing program, the time period set in the order by Service Oklahoma for the suspension or revocation shall continue to run during the stay. When an offender has successfully completed the community sentencing program, the court shall determine if he or she will maintain jurisdiction over the offender’s driving privileges for one (1) year after the date on which the offender graduates from the program. E. When any offender is disciplined by the court as authorized by this section and is to be imprisoned in the county jail or other restrictive facility, the sheriff or facility administrator shall receive compensation as provided by their agreement with the local community sentencing system, or the sheriff or facility administrator shall be paid directly for the services by the offender when ordered to pay for the confinement as part of the disciplinary sanction. In no event shall any compensation for disciplinary confinement exceed the maximum amount provided for county jail confinement in Section 38.1 of Title 57 of the Oklahoma Statutes. F. The Department of Corrections is prohibited from accepting offenders into any state penitentiary for disciplinary sanctions. Added by Laws 1999, 1st Ex. Sess., c. 4, § 20, eff. July 1, 1999. Amended by Laws 2000, c. 39, § 2, emerg. eff. April 10, 2000; Laws 2018, c. 128, § 8, eff. Nov. 1, 2018; Laws 2024, c. 172, § 1, eff. Nov. 1, 2024.
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