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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2224 By: Ford
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1105.3, which rela tes to the
Pretrial Release Act; authorizing criminal background
investigations for certain defendants; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105.3, is
amended to read as foll ows:
Section 1105.3 A. Any county pursuant to the provisions of the
Pretrial Release Act may establish and fund a pretrial program to be
utilized by the district court in th at jurisdiction.
B. 1. When a pretrial release program is established pursuant
to the Pretrial Release Act and private bail has not been 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 r ecommendation
to the court. The recomm endation shall indicate any special
supervisory conditions for pretrial release. The judge shall
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consider the recommendations and may grant or deny pretrial release.
The presiding judge of the judicial district may issue a standing
order outlining criter ia for cases that may automatically be
evaluated for pretrial release by a pretrial program operating in
the jurisdiction. The standing ord er may include amounts for bail
and types of bonds deemed appropriate for cer tain offenses.
2. When a pretrial release program is established pursuant to
the Pretrial Release Act, the pr etrial program may conduct a
criminal background investigation on all defenda nts arrested and
placed in custody in a county jail and shall provide a copy of the
criminal background investigation to the court for the purpose of
conducting individualized bail hearings.
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 intoxicating
substance;
3. Any offense prohibit ed by the Trafficking In Illeg al Drugs
Act;
4. Any person having a violent felony conviction within the
past ten (10) years;
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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 dan gerous 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;
19. Kidnapping;
20. Juvenile or youthful offender detent ion;
21. Manslaughter;
22. Manufacture of a controlled dangerous substance;
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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 vehi cle;
32. Rape in the first de gree, 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;
35. Robbery with a firearm or dangerous weapo n, 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;
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38. Stalking or violation of a Victim Protection Order;
39. Two or more prior felony convictions; or
40. Unauthorized use of a motor vehicle.
D. Other than a person accused of or detained for an offense
provided for in paragraph 13 or paragraph 38 of subsection C of this
section, 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, associate 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 super vision, monitoring or
testing.
E. Every pretrial services program operating pursuant to the
provisions of the Pretrial Release Act 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 obtain criminal
history records on detained persons through the National Crime
Information Center (NCIC). The information obtained from the
screening and evaluation process must be submitt ed in a written
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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 ju dge
relating to the person app lying 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 ri sk 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 pur suant to the Pretrial
Release Act 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. Pretr ial programs which employ peac e
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 the Pretrial
Release Act shall provide a quarterly report to the presiding judge
of the judicial district of the jurisdiction in which it operates.
A copy of the report shall be filed of record with the court clerk
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of the jurisdiction. 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. 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 this
section shall utilize the services of local providers; provi ded,
however, any program in c ontinuous existence since July 1, 1999,
shall be exempt from the provisions of this subsection.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5785 GRS 01/11/23