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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 967 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to criminal procedure; amending 22
7 O.S. 2021, Section 251, which relates to duty to
8 inform defendant of the charge and rights; requiring
8 certain pretrial release hearing; amending 22 O.S.
9 2021, Section 1105.2, which relates to pretrial bail
9 requirements; modifying certain bail procedures;
10 prohibiting certain actions without certain hearing;
10 updating statutory language; providing for
11 codification; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 22 O.S. 2021, Section 251, is
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16 amended to read as follows:
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17 Section 251. A. When the defendant is brought before a
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18 magistrate judge of the district court upon an arrest, either with
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19 or without a warrant for an initial appearance, on a charge of
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20 having committed a public offense, the magistrate court must
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21 immediately inform him the defendant of the charge against him, or
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22 her and conduct a pretrial release hearing to determine the
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23 conditions under which the defendant will be held or released
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24 pretrial of his right to the aid of counsel in every stage of the
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1 proceedings, and also of his right to waive an examination before
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2 any further proceedings are had. The rules of evidence shall not
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3 apply at the pretrial release hearing.
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4 B. The following procedural protections shall be provided at
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5 the pretrial release hearing:
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6 1. Right to counsel:
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7 a. the defendant shall be advised that he or she has the
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8 right to be represented by an attorney of his or her
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9 choosing or an appointed attorney at no expense. The
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10 court shall appoint counsel unless the defendant has
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11 counsel, or the court finds that the defendant has
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12 been advised of and knowingly waived appointment of
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13 counsel and chooses to proceed pro se, and
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14 b. the defendant shall be advised that he or she has the
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15 right to consult with his or her attorney privately
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16 before, or at any time during, the pretrial release
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17 hearing,
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18 2. Ability to contest and present evidence:
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19 a. the defendant shall be advised of and shall have the
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20 opportunity to examine and challenge any evidence
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21 presented to or considered by the court in connection
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22 with the release determination and to cross-examine
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23 any witnesses, and
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1 b. the defendant shall be allowed to present evidence and
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2 witness testimony and to make argument, and
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3 3. Each of the findings required in this section shall be:
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4 a. made by clear and convincing evidence, and
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5 b. contained in a record which also identifies the
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6 evidence on which the court relied to make each of its
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7 findings.
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8 C. At the pretrial release hearing, the court shall:
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9 1. Inform the defendant orally and in writing of the next court
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10 date;
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11 2. Order the defendant, if released, to appear at all court
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12 hearings as directed and not to commit a criminal offense while
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13 released;
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14 3. Advise the defendant that if he or she fails to appear as
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15 directed or commits a criminal offense while released, a warrant may
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16 be issued for his or her arrest for violating the release conditions
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17 and the defendant could be subjected to greater restrictions or
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18 ordered to stay in jail pending trial; and
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19 4. Advise the defendant that he or she can provide up to two
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20 telephone numbers at which he or she can be called or texted with a
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21 reminder on the business day before the next court date. The court
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22 shall give the defendant at the pretrial release hearing, orally and
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23 in writing, instructions for supplementing or changing any numbers
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1 provided at the pretrial release hearing. If the defendant provides
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2 one or more numbers:
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3 a. the court shall provide the defendant with a telephone
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4 conversation, voice mail, or text message reminder of
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5 each court date at which he or she is required to
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6 appear, at each of the numbers provided, on the
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7 business day before the scheduled court date, and
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8 b. the reminder shall include the time and date of the
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9 appearance, the nature of the appearance, and a
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10 warning that if the defendant does not appear, a
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11 warrant may be issued for his or her arrest. The
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12 reminder shall include instructions for contacting the
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13 court by phone with any questions.
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14 D. 1. At the pretrial release hearing, the court shall make a
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15 finding of whether the defendant, if released, is unlikely to appear
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16 in court as directed or will create a safety threat to one or more
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17 identifiable members of the community.
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18 2. The state may present evidence, including evidence received
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19 from pretrial services if available at the time of the pretrial
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20 release hearing, that the defendant, if released, is unlikely to
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21 appear in court as directed or will create a safety threat to one or
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22 more identifiable members of the community.
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1 3. If the state presents evidence, the defendant shall have the
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2 opportunity to review and challenge such evidence and to produce
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3 contrary evidence and legal argument.
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4 4. In making its finding, the court shall consider the
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5 following factors:
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6 a. the seriousness of the crime charged against the
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7 defendant, the apparent likelihood of conviction, and
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8 the extent of the punishment prescribed by the
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9 Legislature,
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10 b. the defendant's criminal record, if any, and previous
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11 record on bail, if any,
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12 c. the defendant's reputation and mental condition,
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13 d. the length of the defendant's residence in the
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14 community,
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15 e. the defendant's family ties and relationships,
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16 f. the defendant's employment status, record of
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17 employment, and his or her financial condition,
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18 g. the identity of responsible members of the community
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19 who would vouch for the defendant's reliability, and
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20 h. any other factors indicating the defendant's mode of
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21 life, ties to the community, or bearing on the risk of
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22 failure to appear.
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23 5. If the court finds the defendant, if released, is unlikely
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24 to appear in court as directed or will create a safety threat to one
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1 or more identifiable members of the community, the court shall
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2 determine the release conditions that are sufficient to reasonably
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3 assure the return of the defendant to court as directed and to
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4 assure the safety of one or more identifiable members of the
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5 community.
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6 6. The court may impose conditions of release in addition to
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7 ordering the defendant to appear in court as directed and not to
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8 commit a criminal offense while released, provided:
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9 a. the court shall impose a condition or a set of
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10 conditions that are the least restrictive necessary to
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11 reasonably assure the return of the defendant to court
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12 as directed or the safety of one or more identifiable
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13 members of the community, and
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14 b. the court shall impose a partially or fully secured
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15 bond, cash bond, or property bond only after a finding
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16 that no set of non-monetary conditions, including
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17 unsecured bond, can reasonably assure the return of
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18 the defendant to court as directed or the safety of
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19 one or more identifiable members of the community.
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20 7. The court may order the defendant detained only after a
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21 finding that no condition or combination of conditions of release
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22 can reasonably assure the return of the defendant to court as
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23 directed or the safety of one or more identifiable members of the
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24 community.
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1 8. For the purposes of this subsection, any secured or
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2 partially secured bond condition shall be deemed an order of
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3 detention unless the court finds the defendant has the present
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4 ability to pay the secured portion of the bond.
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5 E. 1. If the defendant had a monetary bond set by a schedule
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6 following arrest, and the defendant remains in custody at the time
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7 of the pretrial release hearing, there is a rebuttable presumption
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8 that the defendant is unable to afford the preset bond amount.
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9 2. The defendant shall be presumed presently unable to pay any
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10 bond or fee if the defendant receives means-tested government
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11 assistance, has an income at or below two hundred percent (200%) of
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12 the federal poverty level, is eligible for appointed counsel, is or
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13 within the last two (2) years has been homeless, is incarcerated or
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14 residing in a mental health or other treatment facility, or for the
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15 last three (3) months has had monthly expenses that are equal to or
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16 in excess of the defendant's monthly income and assets.
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17 SECTION 2. AMENDATORY 22 O.S. 2021, Section 1105.2, is
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18 amended to read as follows:
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19 Section 1105.2. A. Following an arrest for a misdemeanor or
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20 felony offense and before formal charges have been filed or an
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21 indictment made, the arrested person may have bail set by the court
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22 as provided in this act; provided there are no provisions of law to
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23 the contrary.
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1 B. When the defendant appears before the court for a pretrial
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2 release hearing or when formal charges or an indictment has been
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3 filed, bail conditions of release shall be set according to law and
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4 the pretrial bond, if any, may be reaffirmed unless additional
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5 security is required determined as provided in Section 251 of this
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6 title. Every judicial district may, upon the order of the presiding
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7 judge for the district, establish a pretrial pre-appearance bail
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8 schedule for use by the sheriff or other operator of a jail or
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9 detention facility to set bail prior to the pretrial release hearing
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10 before the court for felony or misdemeanor offenses, except for
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11 traffic. Traffic offenses included in subsections B, C and D of
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12 Section 1115.3 of Title 22 of the Oklahoma Statutes and those
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13 offenses specifically excluded herein shall not be included. The
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14 bail schedule established pursuant to the authority of this act
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15 shall exclude any offense for which bail is not allowed by law. The
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16 bail schedule authorized by this act shall be set in accordance with
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17 guidelines relating to bail and shall be published and reviewed by
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18 March 1 of each year by the courts and district attorney of the
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19 judicial district. The bail schedule authorized by this section
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20 shall be made public and shall be displayed in the public area of
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21 the jail or detention facility.
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22 C. When a person is assigned bail under a bail schedule, the
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23 amount shall be determined by reference to the charge of arrest
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1 associated with the highest bail amount. Scheduled bail amounts
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2 shall not be aggregated.
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3 D. 1. Any bail amount imposed pursuant to a bail schedule or
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4 by any order of the court can be satisfied by posting a cash bond or
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5 secured bond in the full amount, or by posting a partially secured
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6 bond by depositing cash equal to ten percent (10%) of the bond
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7 amount and executing a promise to pay the remaining amount upon a
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8 court ordering the bond forfeited.
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9 2. An individualized court order may require that a money bond
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10 be fully secured but only if the order complied with all the
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11 requirements of Section 251 of this title for imposing bail
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12 conditions.
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13 E. Bail amounts prescribed by a bail schedule shall not be
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14 considered presumptively reasonable when a judge subsequently
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15 determines the person's release conditions.
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16 C. F. The pretrial pre-appearance bail shall be set in a
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17 numerical dollar amount. If the person fails to appear in court as
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18 required the judge shall may, if in accordance with the provisions
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19 of Section 3 of this act:
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20 1. Rescind the bond and proceed to enter a judgment against the
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21 defendant for the dollar amount of the pretrial bail if no private
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22 bail was given at the time of release; provided, however, the court
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23 clerk shall follow the procedures as set forth in Section 1301 et
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24 seq. of Title 59 of the Oklahoma Statutes in collecting the
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1 forfeiture amount against the person who fails to appear in court;
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2 or
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3 2. Rescind and forfeit the private bail if cash, property or
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4 surety bail was furnished at the time of release as set forth in
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5 Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
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6 D. G. When a pretrial program exists in the judicial district
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7 where the person is being held, the The judge may utilize the
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8 services of the pretrial release services program when ordering
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9 pretrial release, except when private bail has been furnished.
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10 E. H. Upon an order for pretrial release or release on bond,
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11 the person shall be released from custody without undue delay.
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12 F. I. The court may require the person to be placed on an
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13 electronic monitoring device as a condition of pretrial release,
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14 provided that the provisions of Section 251 of this title for
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15 requiring such a condition have been satisfied.
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16 G. J. In instances where an electronic monitoring device has
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17 been ordered, the court may impose payment of a supervision fee.
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18 Payment of the fee, in whole or according to a court-ordered
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19 installment schedule, shall be a condition of pretrial release,
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20 provided that a finding of ability to pay has been made in
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21 accordance with Section 251 of this title. The court clerk shall
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22 collect the supervision fees.
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1 SECTION 3. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1105.2a of Title 22, unless
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3 there is created a duplication in numbering, reads as follows:
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4 A. A bond may not be modified, revoked, or forfeited without a
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5 hearing that complies with the procedural requirements for a
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6 pretrial release hearing as provided in Section 251 of Title 22 of
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7 the Oklahoma Statutes.
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8 B. A bail modification hearing shall be scheduled:
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9 1. At any time, upon a showing by any party that there has been
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10 a change in material circumstances; or
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11 2. Sua sponte by the court, within forty-eight (48) hours of
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12 imposition of a monetary bond condition if the person remains in
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13 jail, unless at the time the bond was imposed the court found the
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14 person unable to pay as provided in Section 251 of Title 22 of the
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15 Oklahoma Statutes. The administrator of the jail in which the
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16 person is detained shall provide the court with the information
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17 necessary to schedule hearings as provided in this subsection.
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18 C. At a modification hearing:
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19 1. The court may not revoke or forfeit bond, impose additional
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20 or more restrictive conditions of release, or order the person
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21 detained:
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22 a. unless the substantive and procedural requirements for
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23 imposing conditions at pretrial release hearings as
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1 provided in Section 251 of Title 22 of the Oklahoma
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2 Statutes are satisfied, or
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3 b. on grounds that the person violated a condition of
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4 release if:
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5 (1) the violated rule or condition was imposed by any
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6 entity other than the court, including court
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7 services or pretrial services, or
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8 (2) the violated condition was a requirement to pay a
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9 monetary amount, absent a finding of willfulness;
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10 and
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11 2. No person shall be jailed for failure to pay an unsecured
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12 portion of bond following forfeiture absent a finding of ability to
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13 pay that follows the procedural and substantive requirements for
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14 determining ability to pay at a pretrial release hearing.
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15 D. Whenever a bond modification hearing is scheduled, and the
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16 person is not in custody, the court shall provide notice to the
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17 person, as follows:
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18 1. Notice shall be provided in person or by mail at least seven
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19 (7) calendar days before the hearing, and by phone on the business
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20 day before the scheduled hearing at every phone number, if any,
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21 provided by the person as provided in Section 251 of Title 22 of the
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22 Oklahoma Statutes; and
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23 2. The notice shall include the time and date of the hearing,
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24 the nature of the hearing, and an advisement that if the person does
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1 not appear, a warrant may be issued for his or her arrest. The
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2 reminder shall include instructions for contacting the court with
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3 any questions.
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4 SECTION 4. This act shall become effective November 1, 2025.
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Req. No. 711 Page 13Every fact on this page links to its source, starting with the official bill record.