Oklahoma

§ 60.6 of Title 22 is amended to allow a court to order, as a condition of sentencing, that the defendant use an active, real-time, 24-hour Global Positioning System (GPS) monitoring device and that the defendant pay the costs and expenses related to the GPS monitoring.

§1105.3 of Title 22 is amended to allow a court to order, as a condition of pretrial release, that a defendant use an active, real-time, 24-hour Global Positioning System (GPS) monitoring device and that the defendant pay the costs and expenses related to the GPS monitoring.

§ 60.17 of Title 22 is amended to allow a court to order, in conjunction with any protective order or restraining order, that the defendant use an active, real-time, 24-hour Global Positioning System (GPS) monitoring device and that the defendant pay costs and expenses related to the GPS monitoring. To make this order,the court must find that the defendant has a history which demonstrates an intent or a likelihood to commit violence against the victim. (2008)

FAMILY VIOLENCE: Legislative Update

Title 22. Criminal Procedure. Chapter 2. Prevention of Public Offenses.
Section 60. Protection from Domestic Abuse Act.
60.6. Violation of ex parte or final protective order or foreign protective order—Penalties.
I. In addition to any other penalty specified by this section, the court may order a defendant to use an active, real-time, twenty-four-hour Global Positioning System (GPS) monitoring device as a condition of a sentence. The court may further order the defendant to pay costs and expenses related to the GPS device and monitoring.

60.17. Consideration of certain victims’ safety prior to release of defendant on bond—Emergency protective and restraining orders—GPS monitoring.

The court shall consider the safety of any and all alleged victims of domestic violence, stalking, harassment, sexual assault, or forcible sodomy where the defendant is alleged to have violated a protective order, committed domestic assault and battery, stalked, sexually assaulted, or forcibly sodomized the alleged victim or victims prior to the release of the alleged defendant from custody on bond. The court, after consideration and to ensure the safety of the alleged victim or victims, may issue an emergency protective order pursuant to the Protection from Domestic Abuse Act. The court may also issue to the alleged victim or victims, an order restraining the alleged defendant from any activity or action from which they may be restrained under the Protection from Domestic Abuse Act. The protective order shall remain in effect until either a plea has been accepted, sentencing has occurred in the case, the case has been dismissed, or until further order of the court dismissing the protective order. In conjunction with any protective order or restraining order authorized by this section, the court may order the defendant to use an active, real-time, twenty-four-hour Global Positioning System (GPS) monitoring device for such term as the court deems appropriate. Before the court orders the use of a GPS device, the court shall find that the defendant has a history that demonstrates an intent to commit violence against the victim, including, but not limited to, prior conviction for an offense under the Protection from Domestic Abuse Act or any other violent offense, or any other evidence that shows by a preponderance of the evidence that the defendant is likely to commit violence against the victim. The court may further order the defendant to pay costs and expenses related to the GPS device and monitoring.

(SSBW)

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