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 1618 By: Gollihare
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5 AS INTRODUCED
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6 An Act relating to the Pretrial Release Act; amending
6 22 O.S. 2021, Section 1105.2, which relates to
7 conditions of release; requiring judicial districts
7 to utilize certain risk assessments; requiring
8 assessment to be provided to certain counsel;
8 requiring assessment to include certain information;
9 requiring consideration of certain factors; creating
9 certain presumption; allowing rebuttal of presumption
10 under certain circumstances; updating statutory
10 language; updating statutory references; and
11 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105.2, is
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15 amended to read as follows:
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16 Section 1105.2. A. Following an arrest for a misdemeanor or
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17 felony offense and before formal charges have been filed or an
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18 indictment made, the arrested person may have bail set by the court
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19 as provided in this act the Pretrial Release Act; provided there are
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20 no provisions of law to the contrary.
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21 B. When formal charges or an indictment has been filed, bail
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22 shall be set according to law and the pretrial bond, if any, may be
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23 reaffirmed unless additional security is required. Every judicial
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24 district may, upon the order of the presiding judge for the
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1 district, establish a pretrial bail schedule for felony or
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2 misdemeanor offenses, except for traffic, wildlife, or water safety
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3 offenses included in subsections B, C and D of Section 1115.3 of
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4 Title 22 of the Oklahoma Statutes this title and those offenses
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5 specifically excluded herein. The bail schedule established
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6 pursuant to the authority of this act shall exclude any offense for
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7 which bail is not allowed by law. The bail schedule authorized by
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8 this act shall be set in accordance with guidelines relating to bail
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9 and shall be published and reviewed by March 1 of each year by the
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10 courts and district attorney of the judicial district.
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11 C. Each judicial district shall utilize a validated pretrial
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12 risk assessment tool to produce a risk rating to be presented to the
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13 court that determines release conditions prior to the arrested
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14 person's initial appearance before a court. Results of the
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15 assessment shall be provided to counsel for the defendant prior to
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16 the initial appearance. The validated risk assessment tool shall
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17 include:
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18 1. Information related to the defendant's:
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19 a. criminal history,
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20 b. ties to the community,
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21 c. substance abuse history,
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22 d. risk of flight, and
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23 e. risk of danger to persons or the community; and
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24 2. Consideration of the:
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1 a. nature and circumstances of the offense,
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2 b. seriousness of the offense, and
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3 c. weight of the evidence against the defendant.
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4 D. When determining bail or conditions of pretrial release, the
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5 court shall presume the accuracy and validity of the pretrial risk
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6 assessment administered pursuant to subsection C of this section and
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7 shall set bail or conditions of release consistent with the risk
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8 rating determined by the assessment. Such presumption may be
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9 rebutted upon a showing by the state by clear and convincing
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10 evidence that deviation from the recommendation of the pretrial risk
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11 assessment is necessary to:
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12 1. Secure the appearance of the defendant as required;
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13 2. Protect the safety of any other person or the community; or
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14 3. Comply with a specific statutory requirement governing the
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15 charged offense.
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16 E. If the court deviates from the recommendation of the
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17 validated pretrial risk assessment, the court shall state on the
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18 record or in a written order, the specific facts and evidence relied
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19 upon to rebut the presumption and the reasons such evidence
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20 demonstrates the necessity for deviation.
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21 F. The pretrial bail shall be set in a numerical dollar amount.
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22 If the person fails to appear in court as required the judge shall:
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23 1. Rescind the bond and proceed to enter a judgment against the
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24 defendant for the dollar amount of the pretrial bail if no private
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1 bail was given at the time of release; provided, however, the court
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2 clerk shall follow the procedures as set forth in Section 1301 et
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3 seq. of Title 59 of the Oklahoma Statutes in collecting the
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4 forfeiture amount against the person who fails to appear in court;
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5 or
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6 2. Rescind and forfeit the private bail if cash, property or
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7 surety bail was furnished at the time of release as set forth in
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8 Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
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9 D. G. When a pretrial program exists in the judicial district
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10 where the person is being held, the judge court may utilize the
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11 services of the pretrial release program when ordering pretrial
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12 release, except when private bail has been furnished.
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13 E. H. Upon an order for pretrial release or release on bond,
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14 the person shall be released from custody without undue delay.
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15 F. I. The court may require the person to be placed on an
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16 electronic monitoring device as a condition of pretrial release.
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17 G. J. In instances where an electronic monitoring device has
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18 been ordered, the court may impose payment of a supervision fee.
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19 Payment of the fee, in whole or according to a court-ordered
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20 installment schedule, shall be a condition of pretrial release. The
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21 court clerk shall collect the supervision fees.
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22 SECTION 2. This act shall become effective November 1, 2026.
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24 60-2-2895 TEK 1/13/2026 2:40:54 PM
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Req. No. 2895 Page 4Every fact on this page links to its source, starting with the official bill record.