Archive for the ‘Sentencing Guidelines’ Category

Incarceration of single custodial parents

Sunday, February 20th, 2011

§22-20. Incarceration of single custodial parents – Child placement.

When any person is convicted of an offense against the laws of this state and is sentenced to imprisonment to be served in a county jail or a state correctional institution, the judge of the district court shall inquire whether such person is a single custodial parent of any minor child. If such person is a single custodial parent, the judge shall inquire into the arrangements that have been made for the care and custody of the child during the period of incarceration of the custodial parent. If the judge finds that no arrangements have been made or such arrangements pose a safety threat to the child, the court shall make a referral to the Department of Human Services by contacting the statewide child abuse and neglect hotline and shall complete a form, which shall be provided by the Department and approved by the Administrative Director of the Courts, indicating that the defendant has been sentenced to incarceration and that the defendant has sole custody of a minor child or children and has not made appropriate arrangements for the care of the child or children during the period of incarceration.

Law Office of Matt Swain
115 South Peters Avenue NormanOK73069 USA 
 • 405-501-0827

Law Offices of Matt Swain

405-501-0827

Sentences to be served in order received by penal institution ‑ Concurrent sentences ‑ Credit for good conduct.

Friday, February 4th, 2011

§21‑61.1.  Sentences to be served in order received by penal institution ‑ Concurrent sentences ‑ Credit for good conduct.
When any person is convicted of two (2) or more crimes in the same proceeding or court or in different proceedings or courts, and the judgment and sentence for each conviction arrives at a state penal institution on different dates, the sentence which is first received at the institution shall commence and be followed by those sentences which are subsequently received at the institution, in the order in which they are received by the institution, regardless of the order in which the judgments and sentences were rendered by the respective courts, unless a judgment and sentence provides that it is to run concurrently with another judgment and sentence.  This section shall not affect the credits allowed under Section 138 of Title 57.
Laws 1979, c. 135, § 1, emerg. eff. May 3, 1979; Laws 1980, c. 222, § 1, emerg. eff. May 30, 1980.

§21‑61.2.  Sentences to run concurrent with federal court or another state’s court sentence.
When a defendant is sentenced in an Oklahoma state court and is also under sentence from a federal court or another state’s court, the court may direct that custody of the defendant be relinquished to the federal or another state’s authorities and that such Oklahoma state court sentences as are imposed may run concurrently with the federal or another state’s sentence imposed.

Law Offices of Matt Swain

405-501-0827