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An Act
ENROLLED SENATE
BILL NO. 1216 By: Rader of the Senate
and
Harris of the House
An Act relating to drug courts; amending 22 O.S.
2021, Section 471.2, as amended by Section 2, Chapter
277, O.S.L. 2022 (22 O.S. Supp. 2025, Section 471.2),
which relates to eligibility for drug court;
modifying eligibility requirements; updating
statutory language; and providing an effective date.
SUBJECT: Eligibility for drug court
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 471.2, as
amended by Section 2, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2025,
Section 471.2), is amended to read as follows:
Section 471.2. A. The opportunity for review of an offender
for a drug court program shall occur at any time prior to
disposition of the case and sentencing of the offender including
sentencing on a petition to revoke a suspended sentence or any
probation violation.
B. When a drug court is established, the following information
shall be initially reviewed by the sheriff or designee, if the
offender is held in a county jail, or by the chief of police or
designee, if the offender is held in a city jail:
1. The offender has no prior felony conviction in this state or
another state for a domestic violence offense within the last ten
(10) years offender’s charge does not involve a violation set forth
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in subsection C, D, E, F, G, or J of Section 644 of Title 21 of the
Oklahoma Statutes, except as may be allowed in a domestic violence
treatment program authorized by the drug court program. It shall be
sufficient for this paragraph that a criminal history records name
search was conducted and indicated no apparent domestic violence
offense. An offender admitted to the drug court program for a crime
which requires the offender to attend a batterers’ intervention
program certified by the Attorney General’s office Office of the
Attorney General shall be required to undergo such treatment as a
condition of drug court;
2. The offender’s charge does not involve a violation of the
Trafficking In Illegal Drugs Act;
3. The offender has committed a felony offense or a misdemeanor
offense where a misdemeanor drug court is authorized; and
4. The offender:
a. admits to having a substance abuse addiction,
b. appears to have a substance abuse addiction,
c. is known to have a substance abuse addiction,
d. the has an arrest or charge that is based upon an
offense eligible for the drug court program, or
e. is a person who has had an assessment authorized by
Section 3-704 of Title 43A of the Oklahoma Statutes or
drug court investigation and the assessment or
investigation recommends the drug court program.
C. If it appears to the reviewing officer that the offender may
be potentially eligible for the drug court program based upon a
review of the information in subsection B of this section, the
offender shall be given an eligibility form which may be voluntarily
completed by the offender, and the reviewing officer shall file the
criminal case record within the time prescribed in subsection E of
Section 471.1 of this title. The offender may request consideration
for the drug court program as provided in subsection D of this
section. The eligibility form shall describe the drug court program
ENR. S. B. NO. 1216 Page 3
for which the offender may be eligible including, but not limited
to:
1. A full description of the drug court process and
investigation;
2. A general explanation of the roles and authority of the
supervising staff, the district attorney, the defense attorney, the
treatment provider, the offender, and the judge presiding over the
cases in the drug court program;
3. A clear statement that the drug court judge may decide after
a hearing not to consider the offender for the drug court program
and in that event the offender will be prosecuted in the traditional
manner;
4. A clear statement that the offender is required, before
consideration in the program, to enter a guilty plea as part of a
written plea agreement;
5. A clear statement that the plea agreement will specify the
offense to which the guilty plea will be entered and will state any
penalty to be imposed for the offense, both in the event of a
successful completion of the drug court program, and in the event of
a failure to complete the program;
6. A clear statement that the offender must voluntarily agree
to:
a. waive the right to a speedy trial,
b. waive the right to a preliminary hearing,
c. the terms and conditions of a treatment plan, and
d. sign a performance contract with the drug court;
7. A clear statement that the offender, if accepted into the
drug court program, may not be incarcerated for the offense in a
state correctional institution or jail upon successful completion of
the program;
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8. A clear statement that during participation in the drug
court program, should the offender fail to comply with the terms of
the agreement, the offender may be sanctioned to serve a term of
confinement of six (6) months in an intermediate revocation facility
operated by the Department of Corrections. An offender shall not be
allowed to serve more than two separate terms of confinement in an
intermediate revocation facility;
9. A clear statement that during participation in the drug
court program, should the offender:
a. fail to comply with the terms of the agreements,
b. be convicted of a misdemeanor offense which reflects a
propensity for violence,
c. be arrested for a violent felony offense, or
d. be convicted of any felony offense,
the offender may be required, after a court hearing, to be revoked
from the program and sentenced without trial pursuant to the
punishment provisions of the negotiated plea agreement; and
10. An explanation of the criminal record retention and
disposition resulting from participation in the drug court program
following successful completion of the program.
D. 1. The offender may request consideration for the drug
court program as follows:
a. if the offender is incarcerated, the offender must
sign and complete the eligibility form and return it
to the sheriff, if the offender is held in the county
jail; or to the chief of police, if the offender is
held in a city jail. The sheriff or chief of police,
upon receipt of the completed eligibility form, shall
file the form with the drug court coordinator who
shall forward the form to the district attorney and
the judge assigned to the offender’s case, or
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b. after release of the offender from incarceration, the
offender must sign and complete the eligibility form
and file it with the drug court coordinator or the
court, prior to or at the time of either initial
appearance or arraignment. The drug court coordinator
shall forward the form to the district attorney and
the judge assigned to the offender’s case.
2. Any offender desiring legal consultation prior to signing or
completing the form for consideration in a drug court program shall
be referred to the defense attorney of the drug court team, or a
public defender, if the offender is indigent, or allowed to consult
with private legal counsel.
3. Nothing contained in the provisions of this subsection shall
prohibit the drug court from considering any offender deemed
eligible for the program at any time prior to sentencing whose case
has been prosecuted in the traditional manner, or upon a violation
of parole or probation conditions relating to substance abuse, upon
recommendation of the district attorney as provided in Section 471.8
of this title.
E. When an offender has filed a request to be considered for a
drug court program, an initial hearing shall be set before the drug
court judge. The hearing shall be not less than three (3) work days
nor more than five (5) work days after the date of the filing of the
request form. Notice of the hearing shall be given to the drug
court team, or in the event no drug court team is designated, to the
offender, the district attorney, and to the public defender. The
offender shall be required to notify any private legal counsel of
the date and time of the hearing.
SECTION 2. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1216 Page 6
Passed the Senate the 2nd day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________