§ 19-514.4v2 — Court cost compliance program established – Contracts

Oklahoma § 19-514.4v2

• Jurisdiction: Oklahoma
• Title 19: Counties And County Officers

Text

with court cost compliance liaisons – Recovery on outstanding cost- related warrants – Payment in lieu of court appearance. A. 1. Effective November 1, 2023, there is hereby established a court cost compliance program. The purpose of the program shall be to assist county sheriffs and the courts of this state with the collection of fines, costs, fees, and assessments associated with any case in which a warrant has been issued and the case has been referred to the court cost compliance program pursuant to Section 983 of Title 22 of the Oklahoma Statutes. 2. County sheriffs of any county in this state may contract with a statewide association of county sheriffs to administer contracts with third parties who shall be known as court cost compliance liaisons. The court cost compliance liaison may assist with attempting to locate and notify persons of their outstanding misdemeanor or cost-related warrants and recover and maintain accounts relating to past due fines, fees, costs, and assessments. County sheriffs contracting with a statewide association of county sheriffs for the administration of third-party contracts may assign their rights and duties regarding these contracts to the association. B. A person may make payment directly to the court, as allowed by law, or the court cost compliance liaison, as allowed, shall be authorized to accept payment on misdemeanor or cost-related warrants on all cases referred pursuant to Section 983 of Title 22 of the Oklahoma Statutes by various means including but not limited to payment by phone, mail, or Internet, and in any payment form including but not limited to personal, cashier’s, traveler’s, certified, or guaranteed bank check, postal or commercial money order, nationally recognized credit or a debit card, or other generally accepted payment form. Any payment collected and received by the court cost compliance liaison shall be paid to the court clerk of the court that issued the warrant within fifteen (15) days after receipt of the payment and proof of funds. Any payment collected and received by the court, where the court has referred the case to a court cost compliance liaison, shall be reported to the court cost compliance liaison within four (4) days of receipt of the payment. Any payment returned due to insufficient funds shall have all insufficient fund charges incurred added to the outstanding balance of the defendant. If a credit card payment taken by a court cost compliance liaison is determined to be a fraudulent use of the credit card by the payor and the payment is reversed by the credit card company or payor’s bank, the court clerk shall reverse the transaction upon notification, return the payment to the court cost compliance liaison, and the court cost compliance liaison shall continue the collection process until paid. The court clerk shall add any additional fees for the reversal of the transaction plus the administration fees to the outstanding balance of the defendant. Court cost compliance liaisons shall inform individuals of their right to a cost hearing as provided in Section 983 of Title 22 of the Oklahoma Statutes. C. As provided for by this section, a person may pay in lieu of appearance before the court and such payment accepted by the court shall constitute a finding of guilt as though a plea of nolo contendere had been entered by the defendant as allowed by law and shall function as a written, dated, and signed plea form acceptable to the court. Such payment shall serve as a written waiver of a jury trial. D. The court shall release or recall the outstanding misdemeanor or cost-related warrant upon receipt of all sums due pursuant to the warrant including the misdemeanor or cost-related warrant, scheduled fine or sum due, all associated fees, costs and statutory penalty assessments, and the administrative cost pursuant to Section 514.5 of this title, or with a mutually agreeable monthly payment plan and a down payment set at the discretion of the court at an amount no less than One Hundred Dollars ($100.00) or by order of the court. A single down payment shall be sufficient to recall all cost-related warrants against a defendant pending in a single jurisdiction. E. The provisions of any contract entered into by a county sheriff shall be administered by a statewide association of county sheriffs in Oklahoma. F. The provisions of this section and Section 514.5 of this title shall be applicable to: 1. Any misdemeanor or cost-related warrant issued pursuant to Section 983 of Title 22 of the Oklahoma Statutes or relating to any proceeding pursuant to the State and Municipal Traffic, Water Safety, and Wildlife Bail Bond Procedure Act; 2. Any misdemeanor or cost-related warrant issued that allows a defendant to resolve the matter by payment in lieu of a personal appearance in court; and 3. Any cost-related warrant issued in a criminal case.

Legislative History

Added by Laws 2003, c. 254, § 1, eff. July 1, 2003. Amended by Laws 2005, c. 208, § 2, eff. Nov. 1, 2005; Laws 2010, c. 87, § 1, eff. Nov. 1, 2010; Laws 2018, c. 147, § 1, eff. Nov. 1, 2018; Laws 2023, c. 247, § 1, eff. Nov. 1, 2023; Laws 2024, c. 211, § 1, eff. Nov. 1, 2024. NOTE: HB 3925, Laws 2022, c. 350, § 2, amending this section, was repealed by HB 2259, Laws 2023, c. 247, § 5 and SB 907, Laws 2023, c. 369, § 1. Repealer sections were included in both HB 2259 and SB 907 which referred to the applicable sections of Enrolled HB 3925 from the 2nd Regular Session of the 58th Oklahoma Legislature (2022). The text of the affected statutes as amended by HB 3925 in 2022 was contained in HB 2259 with additional amendatory language, but was not contained in SB 907.