Delayed Sentencing and RID
Oklahoma Delayed Sentencing Program & Regimented Inmate Discipline (RID)
CANNON & ASSOCIATES is dedicated to Fierce Advocacy for those facing Criminal Charges or Prosecution in Oklahoma. It is crucial you contact an experienced Oklahoma Criminal Defense Attorney, if you are facing criminal charges. This page is an overview of the Delayed Sentencing Program for young adults in Oklahoma, as well as the Regimented Inmate Discipline program, a.k.a. RID.
The Delayed Sentencing Program or RID is detailed in Oklahoma criminal statutes at OKLA. STAT. tit. 22 §§ 996 to 996.3. The rules and policies of the program are contained in Section 996.3, which is available here online. This program is designed for young adults that do not classify as juveniles or youthful offenders.
There are two versions of this program: in-custody and out of custody. The majority of young adults allowed to participate in this program must attend the in-custody program that is similar to military boot camp. The out of custody program allows an individual to go home each night; however, he or she must complete a number of tasks that are equally as demanded as the in-custody program, which is more difficult that the in-custody program in some circumstances.
ELIGIBILITY FOR DELAYED SENTENCING OR RID
In order to be eligible for the Delayed Sentencing Program or RID, an offender must be between the age of eighteen (18) and twenty-five (25) on the date:
of a verdict of guilty or a plea of guilty or nolo contendere for a nonviolent felony offense or a juvenile who has been certified to stand trial as an adult for a nonviolent felony offense, who has no charges pending for a violent offense and who has not been convicted, or adjudicated as a juvenile delinquent or youthful offender
OKLA. STAT. tit. 22 § 996.1
In short, in order to participate in the Oklahoma Delayed Sentencing Program an offender must plea before the age of twenty-six (26). Additionally, the offender may not be convicted of any violent crimes. The complete list of violent crimes, drug crimes, and sex crimes that prohibit participation in RID is as follows:
- Assault, battery, or assault and battery with a dangerous or deadly weapon: OKLA. STAT. tit. 21 §645 or 652 or OKLA. STAT. tit. 43A § 2-219;
- Aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law: OKLA. STAT. tit. 21 §§ 650, 650.2(C), 650.5, 650.6(B), 650.7(C);
- Poisoning with intent to kill: OKLA. STAT. tit. 21 § 651;
- Shooting with intent to kill: OKLA. STAT. tit. 21 § 652;
- Assault with intent to kill: OKLA. STAT. tit. 21 § 653;
- Using a vehicle to facilitate the intentional discharge of a firearm: OKLA. STAT. tit. 21 § 652;
- Discharging any firearm or other deadly weapon at or into any dwelling: OKLA. STAT. tit. 21 § 1289.17A;
- Assault with intent to commit a felony: OKLA. STAT. tit. 21 § 681;
- Assaults while masked or disguised: OKLA. STAT. tit. 21 § 1303;
- Murder in the first degree: OKLA. STAT. tit. 21 § 701.7;
- Murder in the second degree: OKLA. STAT. tit. 21 § 701.8;
- Manslaughter in the first degree: OKLA. STAT. tit. 21 §§ 711, 712, 713 or 714;
- Manslaughter in the second degree: OKLA. STAT. tit. 21 § 716 or 717;
- Kidnapping: OKLA. STAT. tit. 21 § 741;
- Burglary in the first degree: OKLA. STAT. tit. 21 § 1431;
- Kidnapping for extortion: OKLA. STAT. tit. 21 § 745;
- Maiming: OKLA. STAT. tit. 21 § 751;
- Robbery: OKLA. STAT. tit. 21 § 791;
- Robbery in the first degree: OKLA. STAT. tit. 21 § 797;
- Robbery in the second degree: OKLA. STAT. tit. 21 § 797;
- Armed robbery: OKLA. STAT. tit. 21 § 801;
- Robbery by two (2) or more persons: OKLA. STAT. tit. 21 § 800;
- Robbery with dangerous weapon or imitation firearm: OKLA. STAT. tit. 21 § 801;
- Any crime against a child provided for in OKLA. STAT. tit. 21 § 843.5;
- Wiring equipment, vehicle or structure with explosives: OKLA. STAT. tit. 21 § 849;
- Forcible sodomy: OKLA. STAT. tit. 21 § 888;
- Rape in the first degree: OKLA. STAT. tit. 21 §§ 1111 or 1114;
- Rape by instrumentation: OKLA. STAT. tit. 21 § 1111.1;
- Lewd or indecent proposition or lewd or indecent act with a child: OKLA. STAT. tit. 21 § 1123;
- Use of a firearm or offensive weapon to commit or attempt to commit a felony: OKLA. STAT. tit. 21 § 1287;
- Pointing firearms: OKLA. STAT. tit. 21 § 1289.16;
- Rioting: OKLA. STAT. tit. 21 §§ 1311 or 1321.8;
- Inciting to riot: OKLA. STAT. tit. 21 § 1320.2;
- Arson in the first degree: OKLA. STAT. tit. 21 § 1401;
- Endangering human life during arson: OKLA. STAT. tit. 21 § 1405;
- Procure, produce, distribute, or possess juvenile pornography: OKLA. STAT. tit. 21 § 1021.2;
- Parental consent to juvenile pornography: OKLA. STAT. tit. 21 § 1021.3;
- Distributing obscene material or child pornography: OKLA. STAT. tit. 21 § 1040.13;
- Unlawful manufacturing, attempting to unlawfully manufacture or aggravated manufacturing of any controlled dangerous substance: OKLA. STAT. tit. 63 §§ 2-401(G) and 2-401(G)(3);
- Any violation of the Trafficking in Illegal Drugs Act: OKLA. STAT. tit. 63 § 2-415;
WHAT HAPPENS DURING DELAYED SENTENCING OR RID?
RID, similar to military boot camp, in that it is an intensive program with limited freedom, many rules, and physical activity. The program can be completed in six months; however, it often takes up to one year to complete. When an offender enters a plea to participate in the delayed sentencing program; his or her sentencing is “delayed” and will be affected by his or her performance in the program. Violations of the terms or rules during delayed sentencing may result in being terminated from the program or receiving a harsher sentence by the Court.
The Oklahoma Department of Corrections tracks the conduct and misconduct of every participant and presents a Pre-Sentence Report (PSI) to the Court or considering at sentencing. The PSI will recommend a probation plan for the offender, including treatment, drug rehabilitation or drug treatment, restitution, education or vocational training, and other programs that address the identified needs of the offender.
A recommendation of confinement must be supported by proof that no alternative means can address the needs of a Delayed Sentence Offender and may be contested by your Criminal Defense Attorney.
WHAT HAPPENS AFTER DELAYED SENTENCING OR RID?
Upon successful completion of Delayed Sentencing or RID, the offender will return to court. The Court, the prosecutor, and your Criminal Defense Attorney will receive a copy of the PSI or Pre-Sentence Report drafted by the Department of Corrections (DOC) and the parties may reach an agreement for the offender’s probation or sentence. Whenever an offender is offered a plea deal that he or she is unwilling to accept; his or her Criminal Defense Attorney can argue for a better sentence from the Court. This is one of the most important reasons to hire an experienced and talented Criminal Defense Attorney in Delayed Sentencing cases.
The Court either following argument of your Criminal Defense Attorney or by agreement of the parties, will do one of the following pursuant to OKLA. STAT. tit. 21 §§ 996.1 and 996.3:
- Dismiss the case and proceedings for excellent work in RID and a compelling reason;
- Defer the sentencing date of the offender’s sentence, which will allow him or her the opportunity to complete probation and have his or her criminal case dismissed;
- Enter a sentence resulting in a conviction of the offender; however, suspend or delay sentencing of the offender;
- Suspend the offender’s sentence with participation in community sentencing;
- Sentence the offender to a term of imprisonment within the statutory range of the offense or offenses pending before the Court.
Facing serious felony charges in Oklahoma is stressful enough; however, adding the factor of being a young adult in this situation is even more difficult. Fortunately, the legislature has created an opportunity for young adults to avoid prison or jail time by participation in Delayed Sentencing. Although the program is difficult as it sounds, it is an opportunity to avoid jail and a felony conviction. You should contact an experienced criminal defense attorney as early as possible in your criminal case, especially if you or a loved one is a young adult. It is my hope this page has educated you on major issues in state court felony criminal proceedings for young adults that are eligible for Delayed Sentencing.
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