Clients under the supervision of the department are charged a supervision fee of ($40.00) per month based on the client’s ability to pay. In hardship cases, the department may expressly waive all or part of a client’s supervision fee. Fee waivers require District Supervisor approval.
Regardless of the number of multiple sentencing documents or court cases under supervision, only one monthly supervision fee will be collected from each client. In the event of multiple convictions, the supervising officer will receipt the fee collected to the longest sentence of all cases for which a fee has been assessed.
New Conviction While Under Supervision
If a client receives a new conviction while under supervision without a revocation on the original case, the officer will continue to receipt the fee to the original case. In the event the supervision expires on the original sentence with time remaining on the new conviction, fees will then be receipted to the new conviction’s CRF number. This will occur the first month after the expiration of the original sentence. If a new Judgment and Sentence is issued, the fee balance starts over as zero.
O.S. 22, section 988.9 directs any offender sentenced to a community sentence pursuant to the Oklahoma Community Sentencing Act to pay a supervision fee if under the supervision of the department. The fee for supervision services performed by agencies other than the department shall be paid directly to that agency.
Court Ordered Supervision
O.S. 22, section 991d paragraph A1, directs that when the court orders supervision by the Department of Corrections or the district attorney requires the department to supervise any person pursuant to a deferred prosecution agreement, the person shall be required to pay a supervision fee unless the fee would impose an unnecessary hardship on the person.
O.S. 22, section 991d, paragraph B, directs the Pardon and Parole Board to require a supervision fee to be paid by the parolee as a condition of parole.
Interstate Compact Agreement Clients
O.S. 22, section 991d, paragraph C, directs that upon acceptance of a client by the Department of Corrections whose probation or parole supervision was transferred to Oklahoma through the Interstate Compact Agreement, or upon the assignment of a client to any community placement, a supervision fee is required to be paid by the client to the Department of Corrections.
Reduction/Waiver of Supervision Fees
Supervision fees may be reduced or waived for a 90 day period by DOC any time during the course of supervision if a legitimate hardship can be verified. The reduction in fees will be reviewed every 90 days to verify the hardship continues to exist. If the hardship has been determined to be permanent, the fee may be waived for the duration of supervision.
Supervision fees may be reduced or waived for a specified time as an incentive awarded to the client. An incentive fee waiver or reduction shall not exceed $100.00 for each six month time period.
Approval of Fee Reductions and Waivers
If a recommendation is made by a supervising officer to reduce or waive a supervision fee, the supervising officer will submit the “Factors for Consideration of Fee Waiver or Reduction Request” (DOC 160701A) to their district supervisor or designee, through the normal chain of command for approval.
1. Each person in the chain of command must concur with the request before final approval is granted.
2. The approval/denial will be entered into the OBS “Offender Obligation Waiver Entry” screen by the Probation and Parole District Supervisor or designee. Only by exception will a fee waiver be entered by Restitution Accounting.
Interstate-Out Fee Collection
In the event that an Oklahoma client is being supervised by another state, Oklahoma supervision fees will not be collected. If the client is delinquent prior to transferring to another state, the delinquency must be resolved prior to transfer either by payment or waiver.
Supervision Fee Refunds
A memorandum will be forwarded to restitution accounting stating the reason for the fee refund along with supporting documentation for the refund and the client’s home address. The refund request memorandum shall be approved by the District Supervisor or designee.
Refunds will be processed by restitution accounting within 30 days of the refund request being approved by the District Supervisor and forwarded to restitution accounting. The supervisor of restitution accounting will ensure the refund payment is paid from the 200 Fund.