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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Oklahoma Okla. Stat. tit. 20, § 1313.3 Fingerprinting fee
In addition to the fees imposed by Sections 1313.2 and 1313.4 of this title, any person convicted of any offense, including traffic offenses but excluding parking and standing violations, punishable
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by a fine of Ten Dollars ($10.00) or more or by incarceration or any person forfeiting bond when charged with such offense, shall be ordered by the court to pay a fingerprinting fee in the amount of Five Dollars ($5.00) for each offense for the A.F.I.S. Fund created by Section 150.25 of Title 74 of the Oklahoma Statutes. The fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for the offense.
$5

no
All Yes Court No
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Oklahoma Okla. Stat. tit. 20, § 1313.4 Forensic Science improvement Revolving Fund
In addition to the penalty assessments and fees imposed by Sections 1313.2 and 1313.3 of this title, any person convicted of any offense, including traffic offenses, but excluding parking and
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standing violations, punishable by a fine of Ten Dollars ($10.00) or more or by incarceration, or any person forfeiting any bond when charged with any offense, shall be ordered by the court to pay a Forensic Science Improvement Assessment in the amount of Five Dollars ($5.00) for each offense. The assessment shall be in addition to, and not in substitution for, any and all fines and penalties otherwise provided by law for the offense. The assessment shall be collected at the time and in the manner as the fees provided in Sections 1313.2 and 1313.3 of this title.
$5

no
All Yes Court No
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Oklahoma Okla. Stat. tit. 21, § 9 Punishment of Felonies
Except in cases where a different punishment is prescribed by this title, or by some existing provision of law, every offense declared to be a felony is punishable by a
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fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary not exceeding two (2) years, or by both such fine and imprisonment.
$0 - $1000

no
Felony No Court No
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Oklahoma Okla. Stat. tit. 21, § 10 Punishment of Misdmeanors
Except in cases where a different punishment is prescribed by this chapter1 or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment
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in the county jail not exceeding one (1) year or by a fine not exceeding Five Hundred Dollars ($500.00), or both such fine and imprisonment.
$0 - $500

no
Misdemeanor No Court No
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Oklahoma Okla. Stat. tit. 21, § 142.13A Payment of award--Exemption from process--Assignment--Counseling expenses
The Crime Victims Compensation Board may compensate for work loss, replacement services loss, dependent's economic loss and dependent's replacement service loss. Compensation for a caregiver who has out-of-pocket wage loss
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as a result of caring for the victim who was injured as a result of criminally injurious conduct may not exceed Three Thousand Dollars ($3,000.00).
$0 - $3000

no
All No Court Yes
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Oklahoma Okla. Stat. tit. 21, § 142.13B Payment of award--Exemption from process--Assignment--Counseling expenses
Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed Twenty Thousand Dollars ($20,000.00) in
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the aggregate. The Board may, after approval of an initial award of Twenty Thousand Dollars ($20,000.00), grant an additional sum not to exceed Twenty Thousand Dollars ($20,000.00), specifically for loss of wages for the victim or loss of support for dependents of a deceased victim provided, there is verifiable economic loss after deducting payments from other sources. In no event shall compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim exceed Forty Thousand Dollars ($40,000.00) in the aggregate.
$0 - $40000

no
All No Court Yes
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Oklahoma Okla. Stat. tit. 21, § 142.18A Victim compensation assessments--Probation or parole fees--Restitution funds
In addition to the imposition of any costs, penalties or fines imposed pursuant to law, any person convicted of, pleading guilty to or agreeing to a deferred judgment procedure under
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the provisions set forth in the Oklahoma Statutes for a felony involving criminally injurious conduct shall be ordered to pay a victim compensation assessment of at least Fifty Dollars ($50.00), but not to exceed Ten Thousand Dollars ($10,000.00), for each crime for which the person was convicted or for which the person agreed to a deferred judgment procedure. In imposing this penalty, the court shall consider factors such as the severity of the crime, the prior criminal record, the expenses of the victim of the crime, and the ability of the defendant to pay, as well as the economic impact of the victim compensation assessment on the dependents of the defendant.
$50 - $10000

no
Felony Yes Court No
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Oklahoma Okla. Stat. tit. 21, § 142.18B Victim compensation assessments--Probation or parole fees--Restitution funds
In addition to the imposition of any costs, penalties or fines imposed pursuant to law, any person convicted of, pleading guilty to or agreeing to a deferred judgment procedure under
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the provisions set forth in the Oklahoma Statutes for a felony or misdemeanor offense, not including traffic offenses and not including misdemeanor offenses of the Oklahoma Wildlife Conservation Code1 or statutes relating to water safety, not described in subsection A of this section, the court shall levy a victim compensation assessment of at least Forty-five Dollars ($45.00), but not to exceed One Thousand Dollars ($1,000.00) for each felony
$45 - $1000

no
Felony Yes Court No
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Oklahoma Okla. Stat. tit. 21, § 142.18B Victim compensation assessments--Probation or parole fees--Restitution funds
In addition to the imposition of any costs, penalties or fines imposed pursuant to law, any person convicted of, pleading guilty to or agreeing to a deferred judgment procedure under
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the provisions set forth in the Oklahoma Statutes for a felony or misdemeanor offense, not including traffic offenses and not including misdemeanor offenses of the Oklahoma Wildlife Conservation Code or statutes relating to water safety, not described in subsection A of this section, the court shall levy a victim compensation assessment of...at least Thirty Dollars ($30.00), but not to exceed Three Hundred Dollars ($300.00) for each misdemeanor upon every fine, penalty, and forfeiture imposed and collected.
$30 - $300

no
Misdemeanor Yes Court No
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Oklahoma Okla. Stat. tit. 21, § 142.18C Victim compensation assessments--Probation or parole fees--Restitution funds
A victim compensation assessment of at least Thirty Dollars ($30.00), but not to exceed Two Thousand Dollars ($2,000.00), shall be levied by the court at the time a child has
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been adjudicated by the court as a delinquent child, provided the child is committed to the Department of Juvenile Justice, as defined in Sections 2-1-103 and 2-7-503 of Title 10A of the Oklahoma Statutes.
$30 - $2000

no
All Yes Court No
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Oklahoma Okla. Stat. tit. 22, § 1355.14D Payment of costs of representation--Fee schedule
Any order directing the defendant to pay costs of representation shall be a lien against all real and personal property of the defendant and may be filed against such property
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and foreclosed as provided by law for civil liens.
Property liens All Yes
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Oklahoma Okla. Stat. tit. 22, § 1355.14A Payment of costs of representation--Fee schedule
At the time of pronouncing the judgment and sentence or other final order, the court shall order any person represented by an attorney employed by the Oklahoma Indigent Defense System
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or a defense attorney who contracts or volunteers to represent indigents pursuant to the provisions of the Indigent Defense Act to pay the costs for representation in total or in installments and, in the case of installment payments, set the amount and due date of each installment.
Payment plan/installment plan All No
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Oklahoma Okla. Stat. tit. 10A, § 1-4-701B Reimbursements and costs by parents able to pay
The court may order the terms and conditions of the payment of costs and expenses described in subsection A of this section. When any parent is financially able but has
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willfully failed to pay the costs and reimbursements as ordered by the court pursuant to this section, the parent may be held in indirect contempt of court and, upon conviction, shall be punished pursuant to Section 566 of Title 21 of the Oklahoma Statutes.
Increased fine All No
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Oklahoma Okla. Stat. tit. 22, § 979a Payment of jail costs by inmate
The sheriff, municipality or other public entity responsible for the operation of the jail may collect costs of incarceration ordered by the court from the jail account of the inmate.
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If the funds collected from the jail account of the inmate are insufficient to satisfy the actual incarceration costs ordered by the court, the sheriff, municipality or other public entity responsible for the operation of the jail is authorized to collect the remaining balance of the incarceration costs by civil action.
Wage/bank account garnishment All No
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Oklahoma 22 Okl.St.Ann. § 456A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 22 Okl.St.Ann. § 966A Bench warrant, fee for issuance of
For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge
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and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Collection fee/interest All Yes
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Oklahoma 22 Okl.St.Ann. § 983A Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
Any defendant found guilty of an offense in any court of this state may be imprisoned for nonpayment of the fine, cost, fee, or assessment when the trial court finds
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after notice and hearing that the defendant is financially able but refuses or neglects to pay the fine, cost, fee, or assessment. A sentence to pay a fine, cost, fee, or assessment may be converted into a jail sentence only after a hearing and a judicial determination, memorialized of record, that the defendant is able to satisfy the fine, cost, fee, or assessment by payment, but refuses or neglects so to do.
Incarceration All No
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Oklahoma 22 Okl.St.Ann. § 983B Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
After a judicial determination that the defendant is able to pay the fine, cost, fee, or assessment in installments, the court may order the fine, cost, fee, or assessment to
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be paid in installments and shall set the amount and date for each installment.
Payment plan/installment plan All No
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Oklahoma 22 Okl.St.Ann. § 983C Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments--Hearing--Installments
In addition, the district court or municipal court, within one hundred twenty (120) days from the date upon which the person was originally ordered to make payment, may send notice
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of nonpayment of any court ordered fine and costs for a moving traffic violation to the Department of Public Safety with a recommendation of suspension of driving privileges of the defendant until the total amount of any fine and costs has been paid. Upon receipt of payment of the total amount of the fine and costs for the moving traffic violation, the court shall send notice thereof to the Department, if a nonpayment notice was sent as provided for in this subsection. Notices sent to the Department shall be on forms or by a method approved by the Department.
Driver's license suspension/impoundment Traffic No
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Oklahoma 11 Okl.St.Ann. § 14-111 Enforcement and penalties for violation of municipal ordinances
The governing body may provide that any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may
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be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than Fifty Dollars ($50.00) per day for useful labor, until the fine or costs are satisfied.
Work program/jail industry program Misdemeanor No
Ability to Pay
State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Oklahoma Okla. Stat. tit. 22, § 988.9 Fees and costs
In hardship cases the supervising agency may expressly waive all or part of the fee. No supervising agency participating in a local community sentencing system shall deny any offender supervision
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services for the sole reason that the offender is indigent.
All Not provided for Not provided for Not provided for Administrative decision No

Waiver of fee

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Oklahoma Okla. Stat. tit. 22, § 991a(A)(4) Sentencing powers of court--Alcohol and drug assessment and evaluation--Restitution, fines, or incarceration--Victim impact statements--Probation and monitoring--DNA samples
if, in the opinion of the court, the defendant is able to pay without imposing manifest hardship on the defendant, and if the costs incurred by the Bureau during the
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investigation of the defendant's case may be determined with reasonable certainty;
All Not provided for Not provided for Not provided for Other Yes

None specified

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Oklahoma Okla. Stat. tit. 22, § 471.6H Final eligibility hearing--Acceptance into program--Duration of participation--Costs and fees--Driving privileges
Court orders for costs and fees shall remain an obligation of the offender until fully paid; provided, however, once the offender has successfully completed the drug court program, the drug
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court judge shall have the discretion to expressly waive all or part of the costs and fees provided for in this subsection if, in the opinion of the drug court judge, continued payment of the costs and fees by the offender would create a financial hardship for the offender. Offenders who have not fully paid all costs and fees pursuant to court order but who have otherwise successfully completed the drug court program shall not be counted as an active drug court participant for purposes of drug court contracts or program participant numbers.
All

No financial hardship

At enforcement of fine or fee Not provided for Not provided for No

Waiver of fee

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Oklahoma Okla. Stat. tit. 22, § 60.2C Protective order--Petition--Complaint requirement for certain stalking victims--Fees the court shall have authority to waive the costs and fees if the court finds that the party does not have the ability to pay the costs and fees. All Not provided for Not provided for Not provided for Not provided for No

Waiver of costs

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Oklahoma Okla. Stat. tit. 22, § 1355.14E Payment of costs of representation--Fee schedule
The fees shall be assessed unless ordered waived upon good cause shown by the indigent person, or unless another amount is specifically requested by counsel for the indigent person and
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is approved by the court.
All

Not indigent

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

Waiver of fee

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Oklahoma Okla. Stat. tit. 10A, § 1-4-701A Reimbursements and costs by parents able to pay Upon notice to the parent or other person legally obligated to support the child and upon an opportunity to be heard and a finding of financial ability to pay All Not provided for Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

None specified

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Oklahoma Okla. Stat. tit. 22, § 1355A Application for representation by the System
except that the court may, based upon the financial information submitted, defer all or part of the fee if the court determines that the person does not have the financial
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resources to pay the fee at time of application, to attach as a court fee upon conviction.
All Not provided for At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Deferment of fee

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Oklahoma Okla. Stat. tit. 22, § 979a Payment of jail costs by inmate The defendant shall have an opportunity to object to the amount of costs solely on the grounds that the number of days served is incorrect. All

None. Defendant can only object on the grounds that the number of days served is incorrect.

Not provided for Burden on defendant to show inability to pay Not provided for Yes

Waiver of fee

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Oklahoma Okla. Stat. tit. 22, § 983b Released persons--Hearing to determine ability to pay fines, costs and fees
A. Any person released on parole or released without parole from a term of imprisonment with the Department of Corrections shall be required to report at a time not less
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than one hundred eighty (180) days after his or her release from the Department of Corrections to:1. The district court of the county from which the judgment and sentence resulting in incarceration arose; and 2. All other district courts or municipal courts where the person owes fines, fees, costs and assessments, for the purpose of scheduling a hearing to determine the ability of the person to pay fines, fees, costs or assessments owed by the person in every felony or misdemeanor criminal case filed in a district court or criminal case filed in a municipal court of this state. Such hearing shall be held in accordance with the provisions of Section VIII of the Rules of the Court of Criminal Appeals, 22 O.S. 2011, Ch. 18, App. A court may for good cause shown or in its discretion continue such hearing for up to one hundred eighty (180) days. B. In determining the ability of the person to satisfy fines, fees, costs or assessments owed to a district or municipal court, the court shall inquire of the person at the time of the hearing which counties and municipalities the person owes fines, fees, costs or assessments in every felony or misdemeanor criminal case filed against the person and shall consider all court-ordered debt, including restitution and child support, in determining the ability of the person to pay. The person shall not be required to pay any outstanding fines, fees, costs or assessments prior to the expiration of the one-hundred-eighty-day period; provided, however, the person shall not be precluded from voluntarily making payment toward the satisfaction of any fines, fees, costs or assessments due and owing to a district or municipal court of this state.
All Not provided for At enforcement of fine or fee Not provided for Determined by judge after hearing Yes

Waiver of fees pursuant to § 983a: A. On or after November 1, 2016, the court shall have the authority to waive all outstanding fines, court costs and fees in

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a criminal case for any person who:
1. Served a period of imprisonment in the custody of the Department of Corrections after conviction for a crime;
2. Has been released from the custody of the Department of Corrections;
3. Has complied with all probation or supervision requirements since being released from the custody of the Department of Corrections; and
4. Has made installment payments on outstanding fines, court costs, fees and restitution ordered by the court on a timely basis every month for the previous twenty-four (24) months following release from the custody of the Department of Corrections.
B. The provisions of this section shall not apply to amounts owed by the person for restitution to a victim pursuant to a court order or child support obligations pursuant to a court order.

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Oklahoma Okla. Stat. tit. 31, § 1.1 Earnings from personal services--Exemption from process--Order
A. Following the issuance of an execution, attachment, or garnishment, except process to collect a judgment or order for child support or maintenance of children or in cases in which
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the court has limited or reduced the application of this section pursuant to Section 142.18 of Title 21 of the Oklahoma Statutes, the debtor may file with the court an application requesting a hearing to exempt from such process by reason of undue hardship that portion of any earnings from personal services necessary for the maintenance of a family or other dependents supported wholly or partially by the labor of the debtor. A debtor with no family or other dependents may not claim an exemption under this section. A hearing on the application shall be set and conducted in the manner provided by Section 1172.2 of Title 12 of the Oklahoma Statutes and subsection C of Section 1174 of Title 12 of the Oklahoma Statutes.B. In determining the existence of an undue hardship, the court should consider the income and expenses of the family and other dependents, and the standard of living created by the income and expenses. The court should also consider the standard of living in relationship to the minimal subsistence needs of the debtor's family and other dependents, with comparison to the minimal subsistence standards in the community, in regard to basic shelter, food, clothing, personal necessities and transportation. The court should then determine if the lack of the funds sought to be exempt would be an undue hardship by creating less than a minimal level of subsistence. If deprivation of these earnings would create an undue hardship on the debtor and the family or other dependents the debtor supports, the court may: 1. Order all or a portion of the personal earnings exempt; or 2. In the case of a continuing earnings garnishment pursuant to Section 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment.
All

Undue hardship

At defendant's request at enforcement Not provided for Determined by judge after hearing Yes

1. Order all or a portion of the personal earnings exempt; or
2. In the case of a continuing earnings garnishment pursuant to Section 1173.4 of Title 12 of the

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Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment.

Transparency
State Statute Description/Statute Name Statutory language Type of obligation Actor
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Oklahoma Okla. Stat. tit. 22, § 114C Restitution Agreements The district attorney shall keep full records of all restitution monies received and disbursed. These records shall be audited at the same time the county funds are audited. Obligation to collect or record State/statewide agency
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Oklahoma Okla. Stat. tit. 51, § 24A.30 Court records--Confidentiality--Sealed records--Order requirement
All court records, as defined by Section 32.1 of Title 12 of the Oklahoma Statutes, shall be considered public records and shall be subject to the provisions of the Oklahoma
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Open Records Act, unless otherwise identified by statute to be confidential. If confidentiality is not required by statute, the court may seal a record or portion of a record only if a compelling privacy interest exists which outweighs the public's interest in the record. In all cases where the court is sealing a record or portion of a record, the court shall enter an order which shall be public and shall:1. Make findings of fact which identify the facts which the court relied upon in entering its order; 2. Make conclusions of law specific enough so that the public is aware of the legal basis for the sealing of the record; 3. Utilize the least restrictive means for achieving confidentiality; and 4. Be narrowly tailored so that only the portions of the record subject to confidentiality are sealed and the remainder of the record is kept open.
Obligation to respond to public records requests State courts
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Oklahoma Okla. Stat. tit. 51, § 24A.5 Inspection, copying and/or mechanical reproduction of records--Exemptions
All records of public bodies and public officials shall be open to any person for inspection, copying, or mechanical reproduction during regular business hours; provided:1. The Oklahoma Open Records Act,
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Sections 24A.1 through 24A.30 of this title, does not apply to records specifically required by law to be kept confidential including: a. records protected by a state evidentiary privilege such as the attorney-client privilege, the work product immunity from discovery and the identity of informer privileges, b. records of what transpired during meetings of a public body lawfully closed to the public such as executive sessions authorized under the Oklahoma Open Meeting Act, c. personal information within driver records as defined by the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, d. information in the files of the Board of Medicolegal Investigations obtained pursuant to Sections 940 and 941 of Title 63 of the Oklahoma Statutes that may be hearsay, preliminary unsubstantiated investigation-related findings, or confidential medical information, or e. any test forms, question banks and answer keys developed for state licensure examinations, but specifically excluding test preparation materials or study guides; 2. All Social Security numbers included in a record may be confidential regardless of the person's status as a public employee or private individual and may be redacted or deleted prior to release of the record by the public body; 3. Any reasonably segregable portion of a record containing exempt material shall be provided after deletion of the exempt portions; provided however, the Department of Public Safety shall not be required to assemble for the requesting person specific information, in any format, from driving records relating to any person whose name and date of birth or whose driver license number is not furnished by the requesting person. The Oklahoma State Bureau of Investigation shall not be required to assemble for the requesting person any criminal history records relating to persons whose names, dates of birth, and other identifying information required by the Oklahoma State Bureau of Investigation pursuant to administrative rule are not furnished by the requesting person; 4. Any request for a record which contains individual records of persons, and the cost of copying, reproducing or certifying each individual record is otherwise prescribed by state law, the cost may be assessed for each individual record, or portion thereof requested as prescribed by state law. Otherwise, a public body may charge a fee only for recovery of the reasonable, direct costs of record copying, or mechanical reproduction. Notwithstanding any state or local provision to the contrary, in no instance shall the record copying fee exceed twenty-five cents ($0.25) per page for records having the dimensions of eight and one-half (8 ½ ) by fourteen (14) inches or smaller, or a maximum of One Dollar ($1.00) per copied page for a certified copy. However, if the request: a. is solely for commercial purpose, or b. would clearly cause excessive disruption of the essential functions of the public body, then the public body may charge a reasonable fee to recover the direct cost of record search and copying; however, publication in a newspaper or broadcast by news media for news purposes shall not constitute a resale or use of a record for trade or commercial purpose and charges for providing copies of electronic data to the news media for a news purpose shall not exceed the direct cost of making the copy. The fee charged by the Department of Public Safety for a copy in a computerized format of a record of the Department shall not exceed the direct cost of making the copy unless the fee for the record is otherwise set by law. Any public body establishing fees under this act shall post a written schedule of the fees at its principal office and with the county clerk. In no case shall a search fee be charged when the release of records is in the public interest, including, but not limited to, release to the news media, scholars, authors and taxpayers seeking to determine whether those entrusted with the affairs of the government are honestly, faithfully, and competently performing their duties as public servants. The fees shall not be used for the purpose of discouraging requests for information or as obstacles to disclosure of requested information; 5. The land description tract index of all recorded instruments concerning real property required to be kept by the county clerk of any county shall be available for inspection or copying in accordance with the provisions of the Oklahoma Open Records Act; provided, however, the index shall not be copied or mechanically reproduced for the purpose of sale of the information; 6. A public body must provide prompt, reasonable access to its records but may establish reasonable procedures which protect the integrity and organization of its records and to prevent excessive disruptions of its essential functions. Any public body which makes the requested records available on the Internet shall meet the obligation of providing prompt, reasonable access to its records as required by this paragraph; and 7. A public body shall designate certain persons who are authorized to release records of the public body for inspection, copying, or mechanical reproduction. At least one person shall be available at all times to release records during the regular business hours of the public body.
Obligation to respond to public records requests State courts
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Oklahoma Okla. Stat. tit. 47, § 6-117 Records to be kept by Department
The Department shall file all collision reports and abstracts of court records of convictions received by it pursuant to the laws of this state and maintain convenient records of the
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records and reports or make suitable notations in order that an individual record of a person showing the convictions of the person and the traffic collisions in which the person has been involved shall be readily ascertainable and available for the consideration of the Department of Public Safety upon any application for a driver license or renewal of a driver license and at other suitable times. Any abstract, index or other entry relating to a driving record according to the licensing authority in another state or a province of Canada may be posted upon the driving record of any resident of this state when notice thereof is received by documentation or by electronic transmission. The individual record of a person shall not include any collision reports and abstracts of court records involving a collision in which the person was not issued a citation or if a citation is issued and the person was not convicted.
Obligation to collect or record State/statewide agency
Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Oklahoma Okla. Stat. tit. 28, § 151 Collection of fees, fines, costs and assessments
It shall be the duty of the clerks of the district court and other trial courts of record of this state to charge and collect the fees imposed by this
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title and other fees, assessments and payments as imposed by the Oklahoma Statutes, fines, costs and assessments imposed by the district courts or appellate courts, and none others, in all cases, except those in which the defendant is charged with a misdemeanor or traffic violation, and except cases under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes.
State courts
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Oklahoma Okla. Stat. tit. 11, § 22-138 Municipal collection agency contracts
A. The governing body of a municipality may enter into a contract with a collection agency for the provision of collection services for one or more of the following items:1.
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Debts and accounts receivable including, but not limited to, unpaid fees, penalties, interest, and other sums due the municipality, as applicable; or 2. Court penalties, costs, fines and fees in cases in municipal court in which the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the court.
Private actors
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Oklahoma Okla. Stat. tit. 20, § 1313.3  Fingerprinting fee--Deposits--Definitions
Four Dollars and fifty cents ($4.50) of each fee received pursuant to this section shall be paid directly to the A.F.I.S. Fund and the balance shall be deposited in the
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General Revenue Fund by the court clerk. The payments shall be made to the appropriate fund by the court clerk on a monthly basis as set forth by subsection H of Section 1313.2 of this title.
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Oklahoma Okla. Stat. tit. 21, § 141 Payment into school fund
All fines, forfeitures and pecuniary penalties prescribed as a punishment by any of the provisions of this chapter,1 when collected, shall be paid into the treasury and credited to the
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school fund of the county where such fines are collected.
County no Felony, Misdemeanor
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Oklahoma Okla. Stat. tit. 21, § 142.17 Crime Victims Compensation Revolving Fund
There is hereby created in the State Treasury a revolving fund for the Crime Victims Compensation Board to be designated the “Crime Victims Compensation Revolving Fund”. The Fund shall be
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a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Crime Victims Compensation Board from any source excluding appropriated funds. All monies accruing to the credit of said Fund are hereby appropriated and, except for those monies specifically authorized by the Legislature to be expended by the District Attorneys Council for administration of the Crime Victims Compensation Board or operating expenses for administering federal grant programs, may be budgeted and expended by the Board for the purpose of implementing the provisions of the Oklahoma Crime Victims Compensation Act1 including the provisions set forth in Section 142.20 of this title. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. The fund shall be invested in whatever instruments are authorized by law for investments by the State Treasurer. The interest earned by any investment of monies from the fund shall be credited to the fund for expenditure as provided by law for the fund.
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Oklahoma Okla. Stat. tit. 21, § 142.18D Victims Compensation Revolving Fund All monies collected pursuant to this section shall be forwarded monthly by the court clerk to the Victims Compensation Revolving Fund. State/statewide agency no All
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Oklahoma Okla. Stat. tit. 22, § 988.9 Fees and Costs
Fees collected for supervision services performed by the Department of Corrections shall be paid directly to the Department to be deposited in the Department of Corrections Revolving Fund. Supervision services
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performed by agencies other than the Department shall be paid directly to that agency.
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Oklahoma Okla. Stat. tit. 22, § 991aA1i Sentencing powers of court--Alcohol and drug assessment and evaluation--Restitution, fines, or incarceration--Victim impact statements--Probation and monitoring--DNA samples
The court clerk shall collect the amount and may retain five percent (5%) of such monies to be deposited in the Court Clerk Revolving Fund to cover administrative costs and
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shall remit the remainder to the Oklahoma State Bureau of Investigation to be deposited in the OSBI Revolving Fund established by Section 150.19a of Title 74 of the Oklahoma Statutes or to the general fund wherein the other law enforcement agency is located,
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Oklahoma Okla. Stat. tit. 22, § 114B Restitution Agreements
This money shall be deposited in a special fund with the county treasurer to be known as the “Bogus Check Restitution Program Fund”. This fund shall be used by the
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district attorney to defray any lawful expense of the district attorney's office.
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Oklahoma Okla. Stat. tit. 22, § 471.6H Final eligibility hearing--Acceptance into program--Duration of participation--Costs and fees--Driving
Treatment, drug testing, and supervision costs shall be paid to the respective providers. The court clerk shall collect all other costs and fees ordered. The remaining user fees shall be
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remitted to the State Treasurer by the court clerk for deposit in the Department of Mental Health and Substance Abuse Services' Drug Abuse Education and Treatment Revolving Fund established pursuant to Section 2-503.2 of Title 63 of the Oklahoma Statutes.
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Oklahoma Okla. Stat. tit. 10A, § 2-2-509 Payment of juvenile drug court program costs and fees--Juvenile Drug Court Revolving Fund
B. 1. If the court orders the juvenile and the person responsible for the health or welfare of the juvenile to pay the above-enumerated costs, there shall be created with
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the county treasurer of each county within this state a cash fund to be designated as the “Juvenile Drug Court Revolving Fund”.2. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received and any other monies designated by law for deposit into the fund. 3. All monies accruing to the credit of the fund are hereby appropriated and shall be expended by the juvenile drug court coordinator for the benefit and administration of the juvenile drug court program. 4. Claims against the fund shall include only expenses incurred for the administration of the juvenile drug court program and payment may be made after the claim is approved by the juvenile drug court team. 5. The necessary forms and procedures to account for the monies shall be developed and implemented by the Office of the State Auditor and Inspector. C. 1. The cost for treatment, drug testing and supervision fees shall be set by the juvenile drug court team and shall reflect actual expenses or rates established by the Department of Mental Health and Substance Abuse Services and made part of the order of the court for payment. 2. The costs for drug testing and supervision fees shall be paid to the juvenile drug court coordinator for deposit into the county Juvenile Drug Court Revolving Fund. 3. The costs for treatment shall be paid to the respective juvenile drug court treatment provider or providers.
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Oklahoma Okla. Stat. tit. 10A, § 1-4-716 Family drug court costs--Family Drug Court Revolving Fund
B. There shall be created with the county treasurer of each county within this state a cash fund to be designated as the “Family Drug Court Revolving Fund”.1. The fund
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shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received and any other monies designated by law for deposit into the fund. 2. All monies accruing to the credit of the fund are hereby appropriated and shall be expended by the family drug court coordinator for the benefit and administration of the family drug court program. 3. Claims against the fund shall include only expenses incurred for the administration of the family drug court program and payment may be made after the claim is approved by the family drug court team. 4. The necessary forms and procedures to account for the monies shall be developed and implemented by the Office of the State Auditor and Inspector.
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Court Rules
State Citation Description/Statute Name Language from the rule When does the rule apply?
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Oklahoma Okla. R. 8.1 Rule 8.1. Judicial hearings
When the Judgment and Sentence of a court, either in whole or in part, imposes a fine and/or costs upon a defendant, a judicial hearing shall be conducted and judicial
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determination made as to the defendant's ability to immediately satisfy the fine and costs. See Section 983(D) of Title 22.
Ability to pay
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Oklahoma Okla. R. 1.11 Rule 1.11. Application in Forma Pauperis
Any person who asserts indigency and an inability to pay the filing fees required under these Rules must execute and file with the Clerk of this Court an “Affidavit in
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Forma Pauperis,” verified before a notary public or other person authorized to administer oaths, or as specified in Rule 1.13(L). Any false statement of a material fact therein may serve as the basis for prosecution for perjury. PROVIDED HOWEVER, a certified copy of Form 13.4 of these Rules determining indigency for the filing being submitted may be substituted. See Form 13.2. A pleading shall not be considered filed in this Court until such time as the filing fee is paid or an “Affidavit in Forma Pauperis” is properly filed. This Rule shall not apply to filings of writs of habeas corpus. See 12 O.S.2001 § 1355.
Ability to pay
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Oklahoma Okla. R. 8.5 Rule 8.5. Inability to pay installments because of physical disability or poverty
In the event the defendant, because of physical disability or poverty, is unable to pay fine and/or costs either immediately or in installment payments, he/she must be relieved of the
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fine and/or costs; or, in the alternative, be required to report back to the court at a time fixed by the court to determine if a change of condition has made it possible for the defendant to commence making installment payments toward the satisfaction of fine and/or costs.
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Oklahoma Okla. R. 8.3 Rule 8.3. Ordering installment payments and fixing the date
After a judicial finding that the defendant may be able to pay the fine and/or costs in installments, the court may order the defendant to make payment of installments in
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reasonable amounts and fix the due date of each payment, and may order the defendant to appear before the court on each due date. In event of imprisonment as a part of the judgment rendered, a determination shall be made as to the defendant's ability to make installment payments after completion of the term of imprisonment. See Section 983(B) of Title 22.
Ability to pay
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Oklahoma Okla. R. 8.4 Rule 8.4. Failure to make installment payments when due
If the defendant fails to make an installment payment when due, he/she must be given an opportunity to be heard as to the refusal or neglect to pay the installment
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when due. If no satisfactory explanation is given at the hearing on failure to pay, the defendant may then be incarcerated. If a defendant has the ability to pay but due to exigent circumstances or misfortune fails to make payment of a particular installment when due, he/she may be given further opportunity to satisfy the fine and/or costs, at the discretion of the court, to be governed by the facts and circumstances of each particular case.
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Oklahoma Okla. R. 8.6 Rule 8.6. Change of conditions; Incarceration for failure to appear or satisfy fine and/or costs
At any time so fixed by the court for the defendant to appear on due date of installment or to appear for examination to determine change of condition set out
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in Rule 8.5, and the defendant fails to appear, he/she may be incarcerated to satisfy the fine and/or costs. In addition, if the defendant fails to pay fine and/or costs in accordance with the court's order, and the court determines the failure to pay was willful in accordance with Rules 8.1, 8.2, 8.3 and 8.4, the defendant may be incarcerated to satisfy the fine and/or costs.
Fines and fees
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Oklahoma Okla. Stat. tit. 20, § 40 Appellate Jurisdiction
The Court of Criminal Appeals shall have exclusive appellate jurisdiction, coextensive with the limits of the state, in all criminal cases appealed from the district, superior and county courts, and
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such other courts of record as may be established by law.
Jurisdiction of the courts
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Oklahoma Okla. Stat. tit. 20, § 91.1 District courts as successors to jurisdiction of various other courts
The district courts of the State of Oklahoma are the successors to the jurisdiction of all other courts, including the Superior Courts, the County Courts, the Courts of Common Pleas,
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Special Sessions Courts, Courts of Special Sessions, City Courts, Juvenile Courts, Children's Courts, Justice of the Peace Courts, and municipal courts in civil matters and proceedings for the violation of state statutes. Wherever reference is made in the Oklahoma Statutes to any of the above courts or to the judge thereof, it shall be deemed to refer to the district court or a judge thereof; provided, however, that any statute that refers to the salary of the judge of any Superior Court, Court of Common Pleas, County Court, Juvenile Court, or Children's Court, insofar as that portion of the statute dealing with salary is concerned, shall not be deemed to refer to any district judge, associate district judge or special judge, and any salary mentioned in such statute shall not be paid to the judge who succeeded to the jurisdiction of the judge who is named in the statute.
Jurisdiction of the courts
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Oklahoma Okla. Stat. tit. 22, § 471.1 Authorization of Drug Court Programs
Each district court of this state is authorized to establish a drug court program pursuant to the provisions of this act, subject to availability of funds. Juvenile drug courts may
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be established based upon the provisions of this act; provided, however, juveniles shall not be held, processed, or treated in any manner which violates any provision of Title 10A of the Oklahoma Statutes.
Creation of the courts
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Oklahoma Okla. Stat. tit. 22, § 472 Anna McBride Act--Mental health courts Any district or municipal court of this state may establish a mental health court program pursuant to the provisions of this section, subject to the availability of funds. Creation of the courts
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Oklahoma Okla. Stat. tit. 11, § 28-102 Jurisdiction of criminal court of record--Jury trial--Maximum punishment--Double jeopardy
he municipal criminal courts of record shall have original jurisdiction to hear and determine all prosecutions when a violation of any of the ordinances of the city where the court
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is established is charged, as provided by Article VII, Section 1 of the Oklahoma Constitution.
Jurisdiction of the courts
Attorney General Opinions
State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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Oklahoma 1999 OK AG 58 Open Records Act Other applicable opinions
1. The Oklahoma Open Records Act applies to criminal pleadings
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2. Courts and District Attorneys must provie "prompt reasonable access" 3. District Attorneys must maintain confidential records
¶15 It is, therefore, the Opinion of the Attorney General that: 1. The pleadings in a criminal case, particularly the information, are "records" within the meaning of the Oklahoma Open
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Records Act, 51 O.S. 24A.3 (1998). A court clerk must make such pleadings available for public inspection and copying once the district attorney has filed the pleading with the court clerk, 51 O.S. 24A.5 (1998), unless the pleading has been sealed by a court or is protected by a privilege of confidentiality, such as the confidentiality of a grand jury indictment by 22 O.S. 385, until such time as the order of the court expires or is removed and until the grand jury indictment is made public pursuant to statutory provision. A district attorney may keep information contained within the district attorney's litigation files confidential and so not disclose an information or other pleadings. See 51 O.S. 24A.12 (1991). 2. A court clerk or district attorney has no authority to withhold public records from inspection and copying. Such officers must provide "prompt, reasonable access" to the public pursuant to 51 O.S. 24A.5 (1998). This generally may include only the time required to locate and compile such public records. Id. 3. A district attorney may keep confidential records contained in the litigation files of that office. Police departments are not required to provide public access to records of the police department except as provided in Section 51 O.S. 24A.8 of the Open Records Act or pursuant to court order. Neither a district attorney nor a police department must make available for public inspection and copying a record which includes a list of all charges contained in an information. See 51 O.S. 24A.2 - 51 O.S. 24A.8 and 51 O.S. 24A.12 (1998).
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