Enforcement by imprisonment - Persons unable to pay. The fees herein provided for the clerk of the district court and the sheriff, as provided in this section, and all costs in the prosecution of all criminal actions shall, in case of conviction of the defendant, be adjudged a part of the penalty of the offense of which the defendant may be convicted, whether the punishment for such offense be either imprisonment, or fine, or both, and fixed either by the verdict of the jury, or judgment of the court, trying the case, and if the defendant shall refuse to pay the court financial obligations, the payment of such fees and costs, in addition to the payment of the fine assessed, shall be enforced by imprisonment until the same shall be satisfied at a rate of up to One Hundred Dollars ($100.00) per day of such fees and costs, or fine, or both, or shall be satisfied at a rate of up to Two Hundred Dollars ($200.00) per day of such fees and costs, or fine, or both, should the defendant perform useful labor. If the defendant is without means to pay the fine, fees or costs, the total amount owed may be entered as a judgment and thereupon the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor. The term “all costs in the prosecution of all criminal actions”, as used in this section, shall include all court financial obligations as defined in Section 983 of Title 22 of the Oklahoma Statutes. R.L. 1910, § 3196. Amended by Laws 1913, c. 112, p. 203, § 1, emerg. eff. March 29, 1913; Laws 1968, c. 383, § 1, eff. Jan. 13, 1969; Laws 1969, c. 202, § 3, emerg. eff. April 18, 1969; Laws 1971, c. 341, § 1, emerg. eff. June 24, 1971; Laws 1973, c. 147, § 1,
emerg. eff. May 14, 1973; Laws 2008, c. 413, § 3, eff. Nov. 1, 2008; Laws 2023, c. 247, § 4, eff. Nov. 1, 2023.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1954–2021 · leading case:
State v. Claborn, 870 P.2d 169 (Okla. Crim. App. 1994).
State v. Claborn, 870 P.2d 169 (Okla. Crim. App. 1994).
· cites it 5× “See 28 O.S.Supp. 1973, § 101. See also Ballard, supra .”
Baird v. State, 400 P.3d 875 (Okla. Crim. App. 2017).
“” 28 O.S.2011, § 101 (emphasis added). “The mistrial was a part of the trial of this case, albeit an aborted part.”
State v. Ballard, 868 P.2d 738 (Okla. Crim. App. 1994).
· cites it 4× “The legislature defined the language “all costs in the prosecution of all criminal actions” to include “court clerk’s costs and fees authorized by statute,” 28 O.S.1981 § 101, and we believe the assessment complained of here falls into the category of “fees authorized by statute.”
Nesbitt v. State, 2011 OK CR 19 (Okla. Crim. App. 2011).
· cites it 3× “¶ 16 Title 28 O.S.Supp.2008, § 101, titled "Fees and Costs in Criminal Cases Part of Penalty-Enforcement by Imprisonment-Persons Unable to Pay," reads in relevant part: The fees herein provided for the clerk of the district court and the sheriff, as provided in this act, and all…”
Baird v. State, 2017 OK CR 16 (Okla. Crim. App. 2017).
· cites it 2× “" 28 O.S.2011, § 101 (emphasis added). "The mistrial was a part of the trial of this case, albeit an aborted part.”
Petuskey v. Cannon, 742 P.2d 1117 (Okla. 1987).
“Moreover, 28 O.S.1981, § 101 provides, in relevant part: “If the defendant is without means to pay the fine, fees or costs, the total amount owed shall be entered upon the judgment docket and thereupon the same remedies shall be available for the enforcement of said judgment as…”
Berry v. State of Oklahoma, 495 F. App'x 920 (10th Cir. 2012).
“See Okla. Stat. tit. 28, § 101 (providing that if a defendant does not pay court costs, “the total amount owed shall be entered upon the judgment docket”).”
Brown v. State, 314 P.2d 362 (Okla. Crim. App. 1957).
· cites it 2× “The assessment of a fine would be a futile gesture because of the holding at this time by this court that in spite of 28 O.S.1951 § 101, that there is no statute re *364 quiring a state convict (as distinguished from a county convict), after he has served his term of…”
Hubbard v. State, 45 P.3d 96 (Okla. Crim. App. 2002).
“28 O.S.1991, § 101. Title 22 O.S.Supp.1999, § 979a(A) extends the costs of prosecution to include the costs of detention in a city or county jail.”
Armstrong v. State, 742 P.2d 565 (Okla. Crim. App. 1987).
“60 was in accordance with 28 O.S.1981, § 101. Imposition of the victims compensation assessment of $50.”
Williams v. State, 711 P.2d 116 (Okla. Crim. App. 1985).
· cites it 2× “28 O.S.1981, § 101. Costs, however, do not include court-appointed attorney fees.”
Young v. State, 275 P.2d 358 (Okla. Crim. App. 1954).
“That is to say, the penalty was a fine of $100, and the clause “and ordered that both parties committed to the county jail until such fine was paid or that they purge themself of contempt” simply meant that if the fine was not paid that in lieu thereof the party failing to pay…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.