Oklahoma § 22-982b Abeyance of sentence pending execution of federal

Oklahoma Statutes

§ 22-982b — Abeyance of sentence pending execution of federal

Oklahoma·Title 22 Criminal Procedure

sentence.

A.Upon motion of the district attorney of the county from which a sentence was imposed, the court may hold execution of a sentence of imprisonment in abeyance if the offender has a pending sentence of incarceration to be served in the custody of the United States Bureau of Prisons or successor federal agency.

B.Any offender whose sentence has been held in abeyance pending execution of a federal sentence pursuant to subsection A of this section shall be returned to the Department of Corrections to complete execution of his or her sentence upon release from federal custody, unless the remainder of the sentence of the offender has been discharged, vacated, paroled, or commuted while the offender was in federal custody.

C.In determining whether to hold the execution of a sentence

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sentence. A. Upon motion of the district attorney of the county from which a sentence was imposed, the court may hold execution of a sentence of imprisonment in abeyance if the offender has a pending sentence of incarceration to be served in the custody of the United States Bureau of Prisons or successor federal agency. B. Any offender whose sentence has been held in abeyance pending execution of a federal sentence pursuant to subsection A of this section shall be returned to the Department of Corrections to complete execution of his or her sentence upon release from federal custody, unless the remainder of the sentence of the offender has been discharged, vacated, paroled, or commuted while the offender was in federal custody. C. In determining whether to hold the execution of a sentence in abeyance pending execution of a federal sentence, the court shall consider the safety of the public, personnel of the Department of Corrections, personnel of law enforcement agencies, other inmates, and the offender. The filing of a motion to hold the execution of a sentence in abeyance by the district attorney shall create a rebuttable presumption that it is in the public interest to hold the sentence in abeyance and that the motion shall be granted. D. The Department of Corrections shall be responsible for transportation of the offender from federal custody to state custody upon the release of the offender from federal custody. E. An offender whose sentence has been held in abeyance pending execution of a federal sentence shall not be released from the custody of the Department of Corrections until and unless federal authorities take custody of the offender. In no event shall an order holding execution of a state sentence in abeyance pursuant to this section result in the release of the offender from both state and federal custody simultaneously. F. The provisions of this section shall not apply to any offender who has been sentenced to death and whose death sentence remains valid.

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