Oklahoma Department of Corrections Probation Supervision

What Is Oklahoma DOC Probation Supervision?

The Oklahoma Department of Corrections Probation and Parole Services division supervises people whom the court has ordered to DOC probation as part of a deferred or suspended sentence. A DOC probation officer can monitor reporting, treatment, drug or alcohol testing, employment, residence, restitution, community service, travel, new criminal activity, and other requirements that apply to the particular case. The officer also documents compliance and problems that develop during supervision.

DOC does not decide whether a deferred sentence should be accelerated or a suspended sentence should be revoked. If a serious alleged violation develops, that issue ultimately returns to the court through the appropriate probation proceeding.

DOC Probation Is Different From Parole

Probation and parole are supervised by the same general division of the Department of Corrections, but they are different legal statuses. Probation in this context comes from a sentence entered by a district court. The person may be serving a deferred sentence or a suspended sentence while remaining in the community.

Parole generally follows incarceration and involves conditional release from prison. A person on parole is serving the balance of a prison sentence under parole supervision rather than serving a deferred or suspended sentence imposed as probation. The fact that the same agency supervises both does not make probation and parole legally interchangeable.

The Court's Rules and Conditions Control the Case

DOC supervision begins with the sentence and the rules and conditions imposed by the court. Those documents define the legal obligations the client must follow. Depending on the case, the conditions can include reporting, treatment or counseling, drug and alcohol testing, restitution, community service, restrictions on alcohol or controlled substances, no contact provisions, employment requirements, residence requirements, or other conditions imposed by the judge.

DOC administers those conditions and can impose reporting and case management requirements within its supervision authority. The probation officer does not have authority to rewrite the judgment or eliminate a court ordered condition simply because the officer believes it is no longer necessary.

When there is a disagreement about what a client is required to do, I want to see the actual judgment or deferred sentence order, the Rules and Conditions of Probation, and any later court orders rather than relying on someone's memory of what was said at sentencing.

What Happens When DOC Supervision Begins?

DOC supervision normally begins with an orientation process. The probation officer reviews the court ordered rules and conditions, collects basic information, explains supervision requirements, and begins evaluating what level of supervision the person needs.

Current DOC policy uses formal risk and needs assessments known as the Level of Service Inventory-Revised, or LSI-R, and the Adult Substance Use Survey, or ASUS. DOC also uses a home visit as part of the initial assessment process. These assessments are used to evaluate areas that can affect supervision, including substance use, employment, education, behavioral issues, criminal history, living arrangements, and other factors related to the person's risk and needs.

Not every person on DOC probation is supervised in exactly the same way. The assessment process is one reason two people with similar sentences can have very different reporting and program requirements.

DOC Uses a Case Management Plan

DOC can develop a Case Management Plan based on the needs identified during the assessment process. The plan is intended to establish specific goals, programs, and expectations during supervision. Depending on the person, the plan can address employment, substance abuse treatment, education, mental health needs, anger management, cognitive behavioral programming, or other identified areas.

The amount of active supervision can change as the person progresses. Someone who completes the required programs has a low assessed risk, and remains compliant with the rules may eventually require much less direct supervision than someone with unresolved treatment needs or repeated compliance problems. DOC supervision is not simply a fixed schedule of monthly office visits for every probationer.

How Often Will I Have to Report to DOC?

There is no single DOC reporting schedule that applies to everyone. Reporting depends on the court order, DOC's assessment, the type of case, identified treatment or programming needs, the person's compliance history, and whether specialized supervision is required. All clients report in person to the supervision office on at least a monthly basis when supervision begins. Lower risk clients can eventually have reduced reporting requirements. Sex offense cases, GPS cases, specialty court cases, violent offense cases, and cases in which the court specifically requires face to face reporting can be handled differently.

Whatever reporting schedule applies, the client should follow the instructions actually given in the case rather than comparing the schedule to what another person on probation has been required to do.

Deferred Sentence Length and DOC Supervision Are Different

An Oklahoma deferred sentence can last for years. The period of active community supervision is different. Under current Oklahoma law, a person serving a deferred sentence may generally be supervised in the community for no more than eighteen (18) months. If an Application to Accelerate alleging a violation is filed during the supervision period, supervision can continue while that proceeding remains pending.

Restitution creates a separate exception. When restitution remains unsatisfied, the court can extend the supervision period for that purpose for up to three years. This eighteen (18) month supervision limit is not a rule saying that the deferred sentence itself ends after eighteen months. A client can finish active DOC supervision and still have several years remaining on the underlying deferred sentence. That distinction is important because the person remains subject to the deferred sentence and the court ordered conditions that continue to apply after active DOC reporting ends.

Some DOC Deferred Cases End Active Supervision Earlier Than Eighteen Months

Eighteen months is not a required minimum period of active DOC reporting. Current DOC policy allows some lower risk people to complete active supervision substantially earlier. A person with a low assessment score and no significant program needs may remain on an active caseload for only a limited period if DOC determines that continued active supervision is not necessary.

DOC policy also permits early termination of active supervision after the required programs have been completed and compliance has been verified. That does not mean the court has terminated the deferred sentence. It means DOC has ended active supervision of the person.

A client who is told that DOC is “closing the case” should understand exactly what is being closed. The DOC supervision file can close while the criminal case remains active during a deferred sentence.

DOC Supervision on a Suspended Sentence Can Last Longer

A suspended sentence is legally different from a deferred sentence because the conviction and sentence have already been entered. Oklahoma law generally limits ordinary probation supervision under a suspended sentence to two years, but there are exceptions. Supervision can continue when a revocation proceeding is filed during the supervision period, and other statutory or court authorized circumstances can justify a longer period.

Sex offender supervision also has separate rules and is not governed by the ordinary two-year limitation in the same way. The suspended sentence itself can last much longer than active DOC supervision. A person can complete active DOC reporting while substantial suspended prison or jail time remains unexecuted.

If the person later commits a violation while the suspended sentence is still legally in effect, the fact that active DOC supervision previously ended does not necessarily eliminate the court's ability to address that violation.

Ending Active DOC Supervision Does Not End the Sentence

This is one of the most important practical points about DOC probation. Active DOC supervision and the underlying criminal sentence are separate concepts. Ending one does not automatically end the other. A person may no longer have to report regularly to a DOC officer but may still be required to remain law abiding, complete outstanding court ordered requirements, avoid prohibited contact, pay restitution, or comply with other conditions that continue through the end of the deferred or suspended sentence.

Clients sometimes describe themselves as being “off probation” because DOC stopped requiring regular reports. That can be dangerously misleading if the underlying sentence is still in effect. The court record determines when the sentence actually ends.

DOC Supervision Has a $40 Monthly Fee

Oklahoma law imposes a $40 monthly DOC supervision fee when the Department of Corrections is supervising the person. DOC currently assesses only one DOC supervision fee per person even when the person has multiple criminal cases under supervision. The fee is not multiplied simply because more than one judgment or deferred sentence is being supervised at the same time.

DOC can reduce or waive the supervision fee when a legitimate financial hardship exists. Current DOC policy allows the agency to consider income, rent or mortgage obligations, utilities, dependents, disability, household resources, and other circumstances in determining whether payment creates a hardship.

A client who cannot afford the DOC supervision fee should communicate with the probation officer and address the hardship rather than simply allowing the balance to accumulate.

DOC Supervision Does Not Eliminate the Separate $40 District Attorney Payment

The DOC supervision fee is not the only monthly probation-related payment that can apply. When the person is not being supervised by the District Attorney's Office, Oklahoma law also generally requires a separate payment of $40 per month to the District Attorney during the first two years of probation. That payment compensates the District Attorney for prosecution costs and work associated with verifying compliance with the rules and conditions of probation.

A client supervised by DOC will consequently have two separate $40 monthly obligations at the same time:

• $40 per month for DOC supervision while the DOC supervision fee applies; and
• $40 per month to the District Attorney during the applicable first two years of probation.

These are separate statutory obligations paid for different purposes. The additional District Attorney payment is not a second DOC supervision fee. This distinction can become particularly noticeable in a deferred sentence because active DOC community supervision may end after eighteen months while the separate District Attorney payment applies during the first two years of probation.

Restitution Is Separate From Both Monthly Fees

Restitution is also different from the DOC supervision fee and the District Attorney payment. Restitution is money ordered for the benefit of a victim. DOC can be responsible for administering and collecting restitution when the court's order places that responsibility with the agency.

A client's inability to pay restitution should not simply be ignored. Oklahoma law treats restitution differently from ordinary supervision fees, and unpaid restitution can also affect the length of supervision in a deferred sentence case. The court can extend deferred sentence supervision for restitution for a period of up to three years when the statutory requirements are met.

What Does a DOC Probation Officer Monitor?

The exact supervision responsibilities depend on the court order and the individual case. DOC supervision can involve monitoring:

• required reporting;
• current residence and contact information;
• employment;
• treatment and counseling;
• drug and alcohol testing;
• community service;
• court ordered programs;
• restitution;
• no-contact conditions;
• travel;
• new arrests and criminal charges;
• GPS or electronic monitoring when ordered;
• and other requirements imposed by the court.

The probation officer can verify information rather than simply accepting what the probationer reports. DOC policy uses collateral verification and records checks as part of the supervision process. A disagreement about compliance should still be evaluated against the actual condition and the actual evidence. A probation officer's allegation is important, but it is not itself the final judicial determination that a violation occurred.

Missing a DOC Appointment Can Become a Probation Problem

A missed probation appointment should be addressed quickly. The legal significance of a missed report depends on what happened, why the appointment was missed, whether the client contacted the officer, whether the person had previously been compliant, and whether other violations are alleged.

Oklahoma's technical violation statute treats some reporting violations differently from more serious or prolonged failures to report. Repeated or extended failures to maintain contact can place the case in a much worse position than a single missed appointment that is promptly addressed.

If a client knows in advance that an appointment cannot be kept, communicating with the probation officer before the appointment is far better than simply failing to appear and disappearing from supervision.

Moving or Traveling While on DOC Probation

A person on DOC probation should keep the supervising officer informed about residence changes and follow the applicable travel requirements. Temporary travel outside Oklahoma is different from permanently relocating supervision to another state. A permanent move can require an Interstate Compact transfer.

A client who knows during the criminal case that he or she intends to live in another state should address that issue as early as possible. Interstate supervision is generally easier to plan before or at the time of the plea than after the sentence has already been entered and Oklahoma supervision is underway. Moving first and trying to fix the supervision problem afterward will create unnecessary complications.

What Happens When DOC Believes a Violation Occurred?

DOC can investigate suspected violations, document what happened, and report the alleged violation. The probation officer does not make the final decision about accelerating a deferred sentence or revoking a suspended sentence.

For a deferred sentence, the State can file an Application to Accelerate.

For a suspended sentence, the State can file an Application to Revoke.

Oklahoma also distinguishes between technical and nontechnical probation violations. The classification of the alleged violation can substantially affect what the court is authorized to do. A missed report, failed drug test, unpaid obligation, prohibited contact, new arrest, or other allegation should not simply be labeled a “probation violation” without determining how Oklahoma law actually classifies it.

A New Criminal Charge Creates Two Cases

A new arrest while someone is on DOC probation creates an immediate problem in both the new case and the existing probation case. The new criminal charge has to be defended under the ordinary criminal burden of proof. The same conduct can also become the basis for an Application to Accelerate or Application to Revoke in the older case.

The probation court does not necessarily have to wait for the new criminal prosecution to reach trial before considering whether the alleged conduct violated probation. If law enforcement wants to question you about the new allegation, you should decline to answer questions and ask to speak with an attorney. Statements made about the new charge can affect both proceedings.

Frequently Asked Questions About Oklahoma DOC Probation