Oklahoma District Attorney Probation Supervision

What Is District Attorney Probation Supervision?

Oklahoma courts can order a person serving a deferred or suspended sentence to be supervised through a District Attorney's Office rather than the Oklahoma Department of Corrections.

The District Attorney supervision office monitors whether the person is complying with the Rules and Conditions of Probation. Depending on the case and county, that can involve reporting, providing updated residence and employment information, completing treatment or classes, submitting proof of compliance, paying supervision fees, reporting new law-enforcement contact, and satisfying other requirements ordered by the court.

The District Attorney does not get to change the sentence simply because its office is supervising the case. The judge imposes the sentence and conditions, and any acceleration of a deferred sentence or revocation of a suspended sentence ultimately has to be decided by the court.

District Attorney Supervision Is Different From DOC Probation

District Attorney supervision and Department of Corrections probation are separate supervision systems. DOC uses a formal correctional supervision structure that includes risk and needs assessments, case-management planning, probation officers, and agency policies governing different supervision levels. District Attorney supervision is administered through the local prosecuting authority and is focused on monitoring compliance with the requirements imposed in the criminal case.

That difference can affect how a client reports and how compliance is documented. A person should follow the instructions from the supervising authority actually identified in the court order rather than assuming that DA supervision operates the same way as DOC supervision. The distinction also affects probation fees. A person actually supervised by the District Attorney pays the applicable DA supervision fee rather than a DOC supervision fee.

The Rules and Conditions of Probation Control

The most important documents are the judgment or deferred sentence order and the Rules and Conditions of Probation entered in the case. Those documents establish what the client is legally required to do. DA supervision is responsible for monitoring those requirements, but the supervising office does not have authority to simply erase a court ordered condition.

When I review a DA supervision problem, I want to know exactly what the written order requires. A client may remember being told one thing at the plea or sentencing while the filed Rules and Conditions contain additional requirements involving reporting, treatment, testing, payment, travel, no contact, or other obligations. The actual court documents are the starting point.

The District Attorney's Office Is Also the Prosecuting Authority

There is an important practical difference between being supervised by DOC and being supervised by the District Attorney's Office. The District Attorney's Office is also the government agency responsible for prosecuting criminal cases and filing Applications to Accelerate and Applications to Revoke.

A client should keep that relationship in mind when a problem develops. DA supervision staff may need information necessary to monitor ordinary probation compliance, but a client should not assume that statements made to the District Attorney's Office are confidential communications made to someone representing the client's interests.

This becomes particularly important after a new arrest or when the supervision office begins asking substantive questions about alleged criminal conduct. A client facing that situation should speak with an attorney rather than trying to explain away a new criminal accusation directly to the prosecuting authority.

What Happens When DA Supervision Begins?

The exact procedure depends on the county and the order entered by the court. The client will ordinarily receive Rules and Conditions of DA Supervision and instructions explaining where and how to report. The supervision office can require the client to provide information and documentation showing compliance with the sentence. That can include proof that the client completed an assessment, attended treatment, finished a class, performed community service, maintained employment, paid required obligations, or complied with another condition.

The client should keep copies of completion certificates, receipts, treatment records, correspondence, and other documents showing compliance. A probation problem is much easier to address when the client can demonstrate what was actually completed rather than trying to reconstruct the record months later.

DA Supervision Procedures Can Differ by County

There is not one local reporting procedure that every District Attorney's Office in Oklahoma follows in exactly the same way. The frequency of reporting, whether reporting must occur in person, what documents must be submitted, how proof of employment or residence is provided, and how testing or treatment compliance is verified can vary with the county, the court order, and the particular case.

For that reason, a client should follow the written and verbal reporting instructions issued by the supervising office in the actual case. The fact that a friend in another county reports differently does not change the requirements imposed on the client.

What Does the District Attorney Supervision Office Monitor?

The exact requirements depend on the Rules and Conditions entered by the court. DA supervision can include monitoring:

• required reporting and continued contact with the supervision office;
• current residence and contact information;
• employment or efforts to obtain employment;
• treatment, counseling, assessments, and required classes;
• drug or alcohol testing when ordered;
• community service;
• restitution and other financial obligations;
• no contact and other behavioral restrictions;
• travel or residence restrictions;
• new arrests or other law enforcement contact;
• and proof that other court ordered requirements have been completed.

Not every case includes every requirement. The court order controls what actually applies to a particular defendant.

DA Supervision on a Deferred Sentence Generally Cannot Exceed Eighteen Months

A deferred sentence can last considerably longer than the period of active DA supervision. Under current Oklahoma law, community supervision during a deferred sentence generally cannot exceed eighteen (18) months unless an Application to Accelerate alleging a violation is filed during the supervision period.

Restitution creates a separate statutory exception. When restitution remains unpaid, the court can extend supervision for that purpose for up to three (3) years when the legal requirements for the extension are satisfied.

The eighteen (18) month supervision limit does not mean the deferred sentence itself ends after eighteen months. A client can complete DA supervision and still have years remaining before the deferred sentence is scheduled to end. The court ordered conditions that remain applicable still matter during the remainder of the deferment.

DA Supervision on a Suspended Sentence Can Last Up to Two Years

A suspended sentence is different because the court has already entered a conviction and imposed a sentence. Ordinary probation supervision on a suspended sentence generally may continue for up to two (2) years, unless a revocation proceeding is filed during the supervision period or another statutory exception applies. The suspended sentence itself can be much longer. A person can complete two years of DA supervision while several additional years of suspended time remain.

Finishing active DA supervision does not erase that remaining suspended sentence. A later violation while the sentence is still in effect can still create an Application to Revoke and expose the client to some or all of the remaining suspended time as permitted by Oklahoma law.

Ending DA Supervision Does Not Necessarily Mean Probation Is Over

Clients sometimes understandably describe themselves as being “off probation” when they stop reporting to the District Attorney's supervision office. That can be inaccurate. What ended may be the active supervision period, not the underlying deferred or suspended sentence.

A client whose active supervision has ended may still be required to remain law abiding and comply with other conditions that continue throughout the sentence. On a deferred sentence, a new nontechnical violation before the deferment ends can threaten the benefits of the deferred judgment even though the client is no longer reporting monthly. The same general problem exists with a suspended sentence. Remaining suspended time does not disappear merely because formal reporting has ended.

District Attorney Supervision Costs $40 Per Month

Current Oklahoma law generally requires a person who is actually supervised by the District Attorney to pay a $40 monthly supervision fee during the applicable supervision period. The fee compensates the District Attorney for the actual work of supervising the offender. It is distinct from court costs, fines, restitution, treatment expenses, testing costs, or other financial obligations that may also be imposed in the criminal case.

The District Attorney may be required to waive all or part of the supervision fee in hardship cases. A client who cannot afford the fee should address the hardship with the supervision office rather than simply stop paying and allow an unpaid balance to accumulate.

A DA Supervision Fee Is Different From the Separate DA Payment in a DOC Case

The terminology surrounding probation payments can be confusing because two different $40 payments can involve the District Attorney.

When the District Attorney actually supervises the client, the $40 monthly payment is the DA supervision fee for the applicable period of supervision.

When DOC supervises the client, Oklahoma law separately requires a $40 monthly payment to the District Attorney during the first two years of probation for prosecution costs and compliance related work. The client also owes the separate $40 DOC supervision fee.

Restitution and Other Financial Obligations Are Separate

The $40 supervision fee does not replace restitution, fines, costs, assessments, or other obligations imposed by the court. Restitution is particularly important because it is money ordered for the benefit of a victim and is treated separately under Oklahoma law. Unpaid restitution can also affect the duration of supervision in a deferred sentence case.

A client who cannot make a required payment should address the issue rather than simply ignoring it. Financial inability and deliberate refusal to comply are not necessarily treated the same way under Oklahoma law.

Missing DA Supervision Can Create a Probation Problem

Failing to report or failing to maintain required contact with the DA supervision office can become an alleged probation violation. The seriousness of the problem depends on what occurred. A single reporting problem that is promptly addressed is different from repeatedly failing to report or disappearing from supervision for an extended period.

Oklahoma's technical violation statute specifically distinguishes among different types of probation violations. Some reporting violations can qualify as technical violations, while prolonged failure to report can fall outside that category and create greater exposure.

A client who knows that a reporting requirement cannot be met should communicate with the supervision office before the deadline whenever possible rather than simply failing to appear.

Completing Classes and Treatment Should Be Documented

Many DA supervised sentences require assessments, treatment, counseling, community service, victim-impact programs, anger-management programs, or other classes. Completing the requirement is only part of the job. The client should also make sure that the required proof reaches the supervision office and should keep a personal copy.

A client who completed a program months earlier may have difficulty proving compliance if the provider closed, records cannot be located, or the supervision file does not contain the certificate. Keeping those records can prevent an unnecessary dispute.

Moving or Traveling While on DA Supervision

Travel and residence restrictions depend on the Rules and Conditions imposed in the case. A client who intends to travel outside Oklahoma should determine whether permission is required before leaving. Permanently relocating to another state presents a different problem and can require an Interstate Compact transfer of probation supervision.

Someone who knows before the plea that he or she intends to live outside Oklahoma should address the interstate-supervision issue as early as possible. Moving first and trying to resolve the supervision problem later can create unnecessary complications.

What Happens When DA Supervision Believes a Violation Occurred?

The District Attorney's Office can investigate the alleged noncompliance and determine whether to pursue a probation violation proceeding.

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

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

The filing of an application does not itself prove that a violation occurred. The State still has to establish the alleged violation under the legal standards that apply to the particular proceeding. The classification of the violation also matters. Technical and nontechnical probation violations are treated differently under Oklahoma law, and the difference can substantially affect what the court is permitted to do.

A New Arrest Creates an Immediate DA Supervision Problem

A new arrest while someone is under DA supervision creates two separate legal proceedings. The new criminal charge has to be defended as a new prosecution. At the same time, the District Attorney can rely on the alleged conduct as the basis for an Application to Accelerate or Application to Revoke in the existing probation case.

The probation proceeding does not have to wait for the new criminal case to go to trial. The two proceedings use different burdens of proof and can move on different schedules. If police want to question you about the new allegation, you should decline to answer questions and ask to speak with an attorney. If DA supervision personnel begin asking you to explain the alleged new criminal conduct, you should also talk with your attorney before attempting to provide a substantive explanation that could affect either case.

Frequently Asked Questions About Oklahoma District Attorney Probation