What Is Conditional Release in Oklahoma?

Conditional release, also called conditional discharge, gives those charged with a crime the opportunity to avoid jail time and criminal records while obeying court-ordered restrictions and requirements. It is one of the diversion programs Oklahoma uses to lower costs, relieve overcrowded jails, and give small-time offenders a second chance.

Oklahoma offers a diversion program of conditional discharge for people charged drug possession as their first drug-related offense. If the court so chooses, or as part of a bargain with the prosecutor, the person accused will not be found guilty of possession. Instead, the court will defer any further sentencing and obtain the person’s consent to enter treatment. The court will place the person on probation with the requirement that he or she follow certain terms during the probation. 63 O.S. § 2-410. If the terms are met, the court will dismiss the criminal proceeding without any conviction on the person’s record. If the terms are not met, the person can receive a further sentence and will most likely have the crime on their record.

Often, the probation terms while on conditional discharge include “cooperat[ing] in a treatment and rehabilitation program of a state-supported or state-approved facility”. 63 O.S. § 2-410. Other terms may include checking in with a probation officer, avoiding further criminal charges, getting a job or going to school, and passing drug tests.

Conditional release for drug possession is available only once and only on the first drug-related offense. Anyone convicted of drug possession under the Trafficking in Illegal Drugs Act or the Drug Money Laundering and Wire Transmitter Act is not eligible for the program. 63 O.S. § 2-410.

Another Oklahoma conditional release program allows people who are mentally incompetent but not dangerous to be conditionally released rather than institutionalized or jailed for committing a crime. Oklahoma’s courts cannot try a person for a crime if the person is incompetent to stand trial. Someone who is incompetent either does not understand the charges against him or cannot rationally assist his attorney in defending the charges. See Cooper v. Oklahoma, 517 U.S. 348 (1996). If a court finds a person to be incompetent, the state must treat him until he is competent. Jackson v. Indiana, 406 U.S. 715 (1972).

Not everyone will become competent through treatment, as with people who have mental delays. If treatment will not have a meaningful effect and the person is not dangerous, the court may decide to conditionally release the person. 43A O.S. § 1-103(18)(a) and (b). Similar to the drug possession conditional discharge program, the competency program allows the person to remain out of treatment facilities as long as he obeys the terms of the program. The court retains jurisdiction to enforce the program. 22 O.S. § 1175.6b(B)(1).

Have you been charged with a drug crime in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, uses his trial experience and expert-level knowledge to defend Oklahomans accused for the first time of drug possession. He has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.