Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1381 By: Rader
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7 AS INTRODUCED
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8 An Act relating to criminal pretrial procedures;
8 creating the Pretrial Procedures Modernization Act of
9 2026; providing short title; amending 22 O.S. 2021,
9 Sections 181 and 251, which relate to defendants
10 taken before magistrate; requiring defendants to be
10 taken before magistrate within specified time period;
11 requiring individualized pretrial release hearing;
11 requiring court to make certain finding; requiring
12 court to consider certain factors when making
12 finding; establishing duties of magistrate in certain
13 hearing; establishing guidelines for attorney
13 representation; authorizing examination and challenge
14 of certain evidence; allowing presentation of
14 evidence; requiring recording of certain findings;
15 authorizing imposition of certain conditions of
15 release; requiring written findings of fact for
16 certain orders; amending 22 O.S. 2021, Section
16 1105.2, which relates to the Pretrial Release Act;
17 authorizing bail prior to initial appearance;
17 authorizing establishment of pre-appearance bail
18 schedule; requiring public display of certain bail
18 schedule; establishing requirements for determination
19 of certain bail amounts; conforming language; making
19 language gender neutral; updating statutory
20 references; providing for noncodification; and
20 providing an effective date.
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23 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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Req. No. 2239 Page 1
1 SECTION 1. NEW LAW A new section of law not to be
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2 codified in the Oklahoma Statutes reads as follows:
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3 This act shall be known and may be cited as the "Pretrial
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4 Procedures Modernization Act of 2026".
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5 SECTION 2. AMENDATORY 22 O.S. 2021, Section 181, is
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6 amended to read as follows:
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7 Section 181. The In all cases, a defendant must, in all cases,
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8 who has been arrested with or without a warrant for a criminal
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9 offense shall be taken before the a magistrate for a pretrial
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10 release hearing without unnecessary delay, but in no case later than
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11 forty-eight (48) hours after being taken into custody, except on
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12 weekends or holidays, in which case no later than seventy-two (72)
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13 hours.
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14 SECTION 3. AMENDATORY 22 O.S. 2021, Section 251, is
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15 amended to read as follows:
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16 Section 251. A. When the defendant is brought before a
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17 magistrate upon an arrest, either with or without a warrant for an
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18 initial appearance, on a charge of having committed a public
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19 offense, the magistrate must shall immediately inform him the
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20 defendant of the charge against him, or her and of his right to the
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21 aid of counsel in every stage of the proceedings, and also of his
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22 right to waive an examination before any further proceedings are had
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23 conduct an individualized pretrial release hearing to determine the
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24 conditions under which the defendant will be held or released
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Req. No. 2239 Page 2
1 pending trial. Rules of evidence shall not apply at the pretrial
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2 release hearing.
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3 B. At the pretrial hearing, in assessing whether the defendant
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4 can be safely released, the court shall make a finding of the
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5 likelihood of the defendant's nonappearance in court as directed,
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6 and whether the defendant will create a threat of physical harm to
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7 one or more members of the community. In making its finding, the
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8 court shall consider the following factors:
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9 1. Seriousness of the offense;
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10 2. Threat to self or others or other safety risk;
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11 3. Apparent likelihood of conviction;
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12 4. Mental health history or physical disability;
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13 5. County of residence, length of time of residency, and other
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14 ties to the community;
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15 6. Whether currently on probation or out on bond, or has cases
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16 pending;
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17 7. Record of prior willful failure to appear;
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18 8. Criminal and bail history and likelihood of reoffending;
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19 9. Employment status;
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20 10. Financial resources available to post bond;
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21 11. Recipient of disability benefits or other public benefits;
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22 12. Ineligibility for a personal recognizance bond because of
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23 the charged offense; and
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1 13. Any other factors, including factors provided in Section
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2 1105 of this title, that indicate a defendant's risk of failure to
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3 appear or danger to one or more persons.
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4 C. At the pretrial hearing, the court shall:
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5 1. Inform the defendant orally and in writing of the time and
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6 place of his or her next court date;
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7 2. Order the defendant, if released, to appear at all court
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8 hearings as directed and not to commit a criminal offense while
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9 released;
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10 3. Advise the defendant that if he or she fails to appear as
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11 directed or commits a criminal offense while released, a warrant may
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12 be issued for his or her arrest for violating the release conditions
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13 and that he or she could be subjected to greater restrictions or
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14 ordered to stay in jail pending trial; and
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15 4. Advise the defendant that he or she can register for text
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16 reminders to be sent forty-eight (48) hours before each scheduled
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17 court appearance on the text messaging service provided by the
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18 Supreme Court of Oklahoma and provide written registration
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19 instructions to the defendant.
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20 D. 1. The defendant shall be advised that he or she has the
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21 right to be represented by an attorney of his or her own choosing or
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22 an appointed attorney at no expense if he or she is financially
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23 unable to obtain counsel. The court shall appoint counsel unless
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24 the defendant has retained counsel or has been advised of and
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1 knowingly waived appointment of counsel. The court may accept the
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2 representations of the defendant given under oath and waive the
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3 application required by Section 1355A of this title for the purpose
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4 of appointing the Oklahoma Indigent Defense System for
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5 representation of the defendant at the pretrial release hearing
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6 only. The defendant shall have the opportunity to consult with his
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7 or her attorney prior to and during the pretrial release hearing.
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8 2. The defendant shall be advised of the factors that will be
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9 used to determine whether he or she will be held or released pending
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10 trial and shall have the opportunity to examine and challenge any
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11 evidence presented to or considered by the court in connection with
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12 the release determination and to cross-examine any witnesses. The
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13 defendant shall be allowed to present evidence and witness
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14 testimony, and to make arguments.
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15 3. Each of the findings required in this section shall be
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16 contained in a record, which may consist of a court minute or a
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17 recording which identifies the evidence on which the court relied to
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18 make each of its findings.
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19 E. If the court finds that the defendant cannot be safely
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20 released, the court may impose conditions of release in addition to
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21 its order to appear in court as directed and not to commit a
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22 criminal offense while released. Provided, the court shall impose a
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23 condition or a set of conditions that is the least restrictive
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24 necessary to reasonably prevent the risk of nonappearance of the
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1 defendant and any threat of physical harm to one or more members of
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2 the public.
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3 F. For orders denying bail, the court shall include written
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4 findings of fact and a statement of the reasons for the detention,
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5 supporting the conclusion with clear and convincing evidence that no
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6 conditions of release can reasonably assure the safety of the public
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7 or any person, and that proof of guilt is evident or the presumption
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8 great. For the purposes of this subsection, any secured or
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9 partially secured bond condition shall be deemed an order denying
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10 bail unless the court finds the defendant has the present ability to
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11 pay the secured portion of the bond.
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12 SECTION 4. AMENDATORY 22 O.S. 2021, Section 1105.2, is
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13 amended to read as follows:
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14 Section 1105.2. A. Following an arrest for a misdemeanor or
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15 felony offense and before formal charges have been filed or an
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16 indictment made, or before an initial appearance before a
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17 magistrate, the arrested person may have a pre-appearance bail set
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18 by the court as provided in this act; the Pretrial Release Act,
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19 provided there are no provisions of law to the contrary.
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20 B. When the defendant appears before a magistrate for a
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21 pretrial release hearing or when formal charges or an indictment has
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22 been filed, bail conditions of release shall be set according to law
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23 and the pretrial bond, if any, may be reaffirmed unless additional
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24 security is required determined as provided in Section 251 of this
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1 title. Every judicial district may, upon the order of the presiding
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2 judge for the district, establish a pretrial pre-appearance bail
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3 schedule for use by the sheriff or other operator of a jail or
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4 detention facility to set bail prior to the pretrial release hearing
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5 before the court for felony or misdemeanor offenses, except for.
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6 Such pre-appearance bail schedule shall not be used for traffic,
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7 wildlife, or water offenses included in subsections B, C and D of
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8 Section 1115.3 of Title 22 of the Oklahoma Statutes this title and
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9 those offenses specifically excluded herein. The bail schedule
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10 established pursuant to the authority of this act the Pretrial
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11 Release Act shall exclude any offense for which bail is not allowed
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12 by law. The bail schedule authorized by this act the Pretrial
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13 Release Act shall be set in accordance with guidelines relating to
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14 bail and shall be published and reviewed by March 1 of each year by
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15 the courts and district attorney of the judicial district. The bail
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16 schedule shall be displayed in the public area of the jail or
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17 detention facility.
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18 C. When a defendant is assigned bail under a bail schedule, the
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19 amount shall be determined by reference to the charge of arrest
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20 associated with the highest bail amount. Scheduled bail amounts
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21 shall not be aggregated. Bail amounts prescribed by a bail schedule
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22 shall not be considered presumptively reasonable when a court
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23 subsequently determines the defendant's release conditions.
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1 D. The pretrial pre-appearance bail shall be set in a numerical
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2 dollar amount. If the person fails to appear in court as required
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3 the judge shall:
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4 1. Rescind the bond and proceed to enter a judgment against the
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5 defendant for the dollar amount of the pretrial bail if no private
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6 bail was given at the time of release; provided, however, the court
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7 clerk shall follow the procedures as set forth in Section 1301 et
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8 seq. of Title 59 of the Oklahoma Statutes in collecting the
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9 forfeiture amount against the person who fails to appear in court;
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10 or
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11 2. Rescind and forfeit the private bail if cash, property or
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12 surety bail was furnished at the time of release as set forth in
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13 Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
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14 D. E. When a pretrial program exists in the judicial district
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15 where the person is being held, the judge may utilize the services
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16 of the pretrial release program when ordering pretrial release,
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17 except when private bail has been furnished.
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18 E. F. Upon an order for pretrial release or release on bond,
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19 the person shall be released from custody without undue delay.
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20 F. G. The court may require the person to be placed on an
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21 electronic monitoring device as a condition of pretrial release.
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22 G. H. In instances where an electronic monitoring device has
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23 been ordered, the court may impose payment of a supervision fee.
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24 Payment of the fee, in whole or according to a court-ordered
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1 installment schedule, shall be a condition of pretrial release. The
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2 court clerk shall collect the supervision fees.
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3 SECTION 5. This act shall become effective November 1, 2026.
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Req. No. 2239 Page 9Every fact on this page links to its source, starting with the official bill record.