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ENGROSSED HOUSE
BILL NO. 1647 By: Humphrey of the House
and
Bullard of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 1105.3, as last amended by Section
1, Chapter 2, O.S.L. 2018 (22 O.S. Supp. 2020,
Section 1105.3), which relates to the Pretrial
Release Act; updating language; making entities that
provide pretrial services subject to the Pretrial
Release Act; requiring notification to victims of
pretrial release proceedings; allowing victims to
appear and be heard at pretrial release proceedings;
modifying minimum criteria requirements for pretrial
services programs; directing pretrial programs to
prepare certain monthly reports; making monthly
reports a public record; requiring the addition of
certain information on monthly reports; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 1105.3, as
last amended by Section 1, Chapter 2, O.S.L. 2018 (22 O.S. Su pp.
2020, Section 1105.3), is amended to read as follows:
Section 1105.3 A. Any county , pursuant to the provisions of
this act the Pretrial Release Act, may establish and fund a pretrial
program to be utilized by the district court in that jurisdiction.
Any entity offering pretrial services in a county within this state
shall also be subject to the provisions of the Pretrial Release Act.
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B. When a pretrial release program is established pursuant to
operating in this act state and private bail has not be en furnished,
the judge may order a person to be evaluated through the pretrial
program. After conducting an evaluation of the person applying for
pretrial release, the pretrial program shall make a recommendation
to the court. The recommendation shall i ndicate any special
supervisory conditions for pretrial release. The judge shall
consider the recommendations and may grant or deny pretrial release.
The presiding judge of the judicial district may issue a standing
order outlining criteria for cases tha t may automatically be
evaluated for pretrial release by a pretrial program operating in
the jurisdiction. The standing order may include amounts for bail
and types of bonds deemed appropriate for certain offenses. As
provided in Section 34 of Article II of the Oklahoma Constitution,
the victim shall be notified and allowed to appear and be heard at
any proceeding concerning the release of the person from custody.
C. Except as otherwise authorized by the provisions of this
subsection, persons accused of or detained for any of the following
offenses or conditions shall not be eligible for pretrial release by
any pretrial program:
1. Aggravated driving under the influence of an intoxicating
substance;
2. Any felony driving under the influence of an intox icating
substance;
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3. Any offense prohibited by the Trafficking In Illegal Drugs
Act;
4. Any person having a violent felony conviction within the
past ten (10) years;
5. Appeal bond;
6. Arson in the first degree, including attempts to commit
arson in the first degree;
7. Assault and battery on a police officer;
8. Bail jumping;
9. Bribery of a public official;
10. Burglary in the first or second degree;
11. Civil contempt proceedings;
12. Distribution of a controlled dangerous substance, including
the sale or possession of a controlled dangerous substance with
intent to distribute or conspiracy to distribute;
13. Domestic abuse, domestic assault or domestic assault and
battery with a dangerous weapon, or domestic assault and battery
with a deadly weapon;
14. Driving under the influence of intoxicating substance where
property damage or personal injury occurs;
15. Felony discharging a firearm from a vehicle;
16. Felony sex offenses;
17. Fugitive bond or a governor's fugitive warrant;
18. Immigration charges;
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19. Kidnapping;
20. Juvenile or youthful offender detention;
21. Manslaughter;
22. Manufacture of a controlled dangerous substance;
23. Murder in the first degree, including attempts or
conspiracy to commit murder in the first degree;
24. Murder in the second degree, including attempts or
conspiracy to commit murder in the second degree;
25. Negligent homicide;
26. Out-of-county holds;
27. Persons currently on pretrial release who are arrested on a
new felony offense;
28. Possession, manufacture, use, sale or delivery of an
explosive device;
29. Possession of a controlled dangerous substance on Schedule
I or II of the Controlled Dangerous Substances Act;
30. Possession of a firearm or other offensive weapon during
the commission of a felony;
31. Possession of a stolen vehicle;
32. Rape in the first degree, including attempts to commit rape
in the first degree;
33. Rape in the second degree, including attempts to commit
rape in the second degree;
34. Robbery by force or fear;
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35. Robbery with a firearm or dangerous weapon, including
attempts to commit robbery with a firearm or dangerous weapon;
36. Sexual assault or violent offenses against children;
37. Shooting with intent to kill;
38. Stalking or violation of a Victim Prote ction Order;
39. Two or more prior felony convictions; or
40. Unauthorized use of a motor vehicle.
D. A person not eligible for pretrial release pursuant to the
provisions of subsection C of this section may be released upon
order of a district judge, a ssociate district judge or special judge
under conditions prescribed by the judge, which may include an order
to require the defendant, as a condition of pretrial release, to use
or participate in any monitoring or testing including, but not
limited to, a Global Positioning System (GPS) monitoring device and
urinalysis testing. The court may further order the defendant to
pay costs and expenses related to any supervision, monitoring or
testing.
E. Every pretrial services program operating pursuant to the
provisions of in this act state shall meet the following minimum
criteria:
1. The program shall establish a procedure for screening and
evaluating persons who are detained or have been arrested for the
alleged commission of a crime. The program shall obt ain criminal
history records on detained persons through the National Crime
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Information Center (NCIC) background information from the defendant
including all previous arrests, convictions and orders of
protection. The program shall use court records avail able through
the Oklahoma State Courts Network, Department of Corrections,
Oklahoma State Bureau of Investigation and any other information
provider as ordered by the court . The information obtained from the
screening and evaluation process must be submit ted in a written
report without unnecessary delay to the judge who is assigned to
hear pretrial release applications when the person is eligible for
pretrial release;
2. The program shall provide reliable information to the judge
relating to the person ap plying for pretrial release so a reasonable
decision can be made concerning the amount and type of bail
appropriate for pretrial release. The information provided shall be
based upon facts relating to the person's risk of danger to the
community and the risk of failure to appear for court; and
3. The program shall make all reasonable attempts to provide
the court with information appropriate to each person considered for
pretrial release.
F. A pretrial program established pursuant to operating in this
act state may provide different methods and levels of community -
based supervision to meet any court -ordered conditions of release.
The program may use existing supervision methods for persons who are
released prior to trial. Pretrial programs which employ peace
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officers certified by the Council on Law Enforcement Education and
Training (CLEET) are authorized to enforce court -ordered conditions
of release.
G. Each pretrial program established pursuant to operating in
this act shall provide a quarterly repor t to the presiding judge of
the judicial district of the jurisdiction in which it operates. A
copy of the report state shall prepare a monthly report to be filed
of record with the court clerk as a public record in and of the
jurisdiction of each pretrial release obtained. Each report shall
include, but is not limited to, the following information:
1. The total number of persons screened, evaluated or otherwise
considered for pretrial release;
2. The total number and nature of recommendations made;
3. The number of persons admitted to pretrial release that
failed to appear; and
4. The name, case number and criminal charge of each person the
program obtained a pretrial release for;
5. The name and case number of each person the program obtained
a pretrial release for that failed to appear in court or failed to
comply with the conditions of pretrial release;
6. The name and case number of each person the program obtained
a commitment from a judge or any return to custody by the program
and the reason for the return to custody;
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7. The amount each person was charged for participating in the
pretrial program; and
8. Any other information deemed appropriate by the reporting
judicial district or that the program desires to report.
H. Every pretrial release program established pursuant to
operating in this section state shall utilize the services of local
providers; provided, however, any program in continuous existence
since July 1, 1999, shall be exempt from the provisions of this
subsection.
SECTION 2. This act shall become effective November 1, 2021.
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate