Unsupervised Probation in Oklahoma

What Is Unsupervised Probation?

Unsupervised probation means you are not assigned to regular supervision through the Oklahoma Department of Corrections or a District Attorney supervision office. You ordinarily do not have a probation officer setting appointments, requiring monthly office visits, or checking your progress on a regular basis.

The court still controls your sentence. You remain responsible for following every condition that applies until the deferred or suspended sentence ends, even though nobody is regularly reminding you what needs to be done.

Unsupervised Probation Still Includes the $40 Monthly 991 Fee

A person on unsupervised probation is still required to pay the $40-per-month District Attorney 991 fee. Oklahoma law requires that payment when the person is not being supervised by the District Attorney or the Department of Corrections during the first two years of the unsupervised probation.

The 991 fee is paid to the District Attorney for prosecution costs and for work associated with verifying compliance with probation. It is not a DOC supervision fee, and paying the 991 fee does not mean that you are actually on District Attorney supervised probation.

This distinction is important because clients sometimes hear the words “DA fee” and assume they must be reporting to the District Attorney. On unsupervised probation, you can owe the monthly 991 fee without having regular DA supervision appointments.

The 991 Fee Is Different From DA Supervision

District Attorney supervision and the District Attorney 991 program are not the same thing. A person on DA supervised probation reports to the District Attorney supervision office and pays the applicable supervision fee as part of that supervision.

A person on unsupervised probation does not have that regular supervision, but the $40 monthly 991 fee still applies. In practice, this is one of the clearest examples of why “unsupervised” does not mean that nothing is required after sentencing. Further, the rules and conditions and of probation still apply.

A Deferred Sentence Can Be Unsupervised

An Oklahoma deferred sentence can be placed on unsupervised probation. The court delays entering a judgment of guilt while you complete the conditions imposed as part of the deferment, but you may not be assigned to DOC or DA supervision while that happens.

The deferred sentence itself can last for years. The fact that you do not report to a probation officer does not shorten the deferment or eliminate the conditions that remain in place until it ends.

A Suspended Sentence Can Also Be Unsupervised

A suspended sentence can also be ordered without regular probation supervision. Unlike a deferred sentence, a suspended sentence begins with a conviction and an imposed sentence, but the court suspends some or all of that sentence while you remain in the community.

The suspended sentence remains in effect even without monthly reporting. If you violate a condition while suspended time remains, the State can still file an Application to Revoke and ask the court to impose some or all of the remaining sentence as allowed by Oklahoma law.

Unsupervised Does Not Mean No Rules

The Rules and Conditions of Probation still apply on unsupervised probation. Depending on the case, you may be required to complete treatment, counseling, classes, community service, drug or alcohol testing, restitution, or other requirements imposed by the judge. You may also have restrictions involving contact with particular people, alcohol, controlled substances, travel, firearms, or other conduct. The absence of a supervising officer does not cancel a condition that appears in the court's order.

Nobody Is Going to Remind You What Needs to Be Done

One of the practical differences with unsupervised probation is that you have to keep track of your own requirements. There may be no probation officer calling you about an unfinished class, unpaid restitution, missing paperwork, or a deadline that is approaching.

I recommend keeping the judgment or deferred sentence order and the Rules and Conditions of Probation somewhere you can actually find them. You should know what you were ordered to complete, when it needs to be finished, where payments are made, and whether proof of completion needs to be provided.

Keep Your Own Proof of Compliance

If you complete a class, assessment, treatment program, community service, or another court ordered requirement, keep your own documentation. Completion certificates, receipts, letters, emails, payment records, and other paperwork can become extremely important if someone later claims that the requirement was never satisfied.

Do not assume the provider, court clerk, or another office will always have the record years later. The burden is on you to prove everything is completed and paid. Keeping your own copies is a simple way to prevent an unnecessary disagreement about something you already completed.

Restitution, Fines, and Court Costs Are Separate From 991 Fees

The monthly 991 fee does not replace restitution, fines, court costs, or other financial obligations imposed in the case. Those amounts have their own purposes and can be collected through different offices.

Restitution deserves particular attention because it is money ordered for the benefit of a victim. If you are unable to make a required payment, the better approach is to address the problem rather than simply allowing unpaid obligations to accumulate.

A New Arrest Still Violates Unsupervised Probation

A new arrest while you are on unsupervised probation creates two separate problems. You have to defend the new criminal case, and the alleged conduct will also become the basis for an Application to Accelerate or an Application to Revoke in the older case.

The lack of a probation officer does not prevent the District Attorney from discovering the new case. The probation proceeding can also move forward before the new criminal charge has gone to trial because the two proceedings use different burdens of proof.

If law enforcement wants to question you about the new allegation, you should decline to answer questions and ask to speak with an attorney. Trying to explain the situation will create evidence that affects both the new criminal prosecution and the probation case.

Other Violations Can Bring an Unsupervised Case Back to Court

A new crime is not the only way unsupervised probation can be violated. Failure to complete a required program, prohibited contact, unpaid restitution, or another violation of the Rules and Conditions can also bring the case back before the court. The State still has to prove the alleged violation in the appropriate proceeding. Whether the violation is technical or nontechnical can also make a substantial difference in what the judge is allowed to do.

Deferred and Suspended Sentences Use Different Violation Proceedings

If you are serving a deferred sentence, an alleged violation can lead to an Application to Accelerate. A nontechnical violation can threaten the principal benefit of the deferment because the court may be asked to enter a judgment of guilt and impose a sentence.

If you are serving a suspended sentence, an alleged violation can lead to an Application to Revoke. The issue becomes whether the State can prove the violation and how much of the previously suspended sentence the court can lawfully order you to serve.

The Eighteen Month Supervision Rule Does Not End an Unsupervised Deferred Sentence

Oklahoma law generally limits active community supervision on a deferred sentence to eighteen months, subject to statutory exceptions. That rule does not mean an unsupervised deferred sentence ends after eighteen months because there is no active supervision period to terminate in the same way.

If the court gives you a longer deferred sentence, that deferment remains in place for the period ordered by the judge. You can go several years without a probation officer while still being subject to the conditions of the deferred sentence.

Unsupervised Probation Does Not End Because Nobody Contacts You

Months or even years can pass without anyone from the court or District Attorney contacting a person on unsupervised probation. That silence does not mean the sentence ended early. The end date comes from the sentence and the court record. Until the deferred or suspended sentence legally ends, a condition that remains in force can still create a probation problem if it is violated.

Moving Out of Oklahoma on Unsupervised Probation

Moving out of Oklahoma can be easier when there is no active probation officer who must transfer supervision to another state. A truly unsupervised case may not require the same Interstate Compact transfer process that applies when someone is actively being supervised in the community. You should still review the actual court order before moving. Registration requirements, protective orders, no contact provisions, offense specific restrictions, or other conditions can affect where you are allowed to live even though the probation itself is unsupervised.

What Should You Keep Track of While on Unsupervised Probation?

Unsupervised probation places much more responsibility on you to know what remains outstanding. At a minimum, you should keep track of the conditions imposed by the court and maintain records showing what has already been completed. Important items can include:

• the judgment or deferred sentence order (found on OSCN.net);
• the Rules and Conditions of Probation;
• the date the sentence ends;
• monthly $40 District Attorney 991 fee payments;
• court costs, fines, and other court clerk payments;
• restitution payments;
• treatment and counseling requirements;
• class completion certificates;
• community service records;
• no contact or other continuing restrictions;
• and any later court orders affecting the case.

If there is a disagreement later, having those documents available can make it much easier to determine whether a violation actually occurred.

Frequently Asked Questions About Unsupervised Probation in Oklahoma