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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3957 By: Blancett
AS INTRODUCED
An Act relating to pretrial data; creating the
Pretrial Data Collection Act; defining terms;
requiring certain entities to collect spec ific data;
requiring certain entities to report the data
collected to the Office of Management and Enterprise
Services; specifying types of data to be collected;
providing for publication of datasets; requiring
certain public format; specifying submission dates;
authorizing county commissioner to bring an action
for noncompliance; providing for codifi cation; and
providing an effective date.
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 81.2 of Title 74, unless there
is created a duplication in numberi ng, reads as follows:
A. This act shall be known and may be cited as the "Pretrial
Data Collection Act".
B. As used in this act:
1. "Annual felony caseload" means the yearly caseload of felony
cases for each full-time district attorney and assistant district
attorney or public defen der and assistant public defender, or
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indigent defense contracting attorney for cases assigned to the
criminal division. Annual felony caseload does not include the
appellate caseload of a public defender, assistant public defender ,
or indigent defense contracting attorney. Cases reported pursuant
to this paragraph shall be associated with a case n umber and each
case number shall only be reported onc e regardless of the number of
attorney assignments that occur during the course of litigation ;
2. "Annual misdemeanor caseload" means the yearly caseload of
misdemeanor cases for each full -time district attorney and assistant
district attorney or public def ender and assistant public defender,
or indigent defense contracting attorney for cases assign ed to the
criminal division. Annual misdemeanor caseload does not include the
appellate caseload of a publi c defender, assistant public defender,
or indigent defense contracting att orney. Cases reported pursuant
to this paragraph shall be associated with a case number and each
case number shall only be reported once regardless of the number of
attorney assignments that occur during t he course of litigation;
3. "Attorney assignment date" means the day, month, and year a
court-appointed attorney is assigned to the case or, if priv ately
retained, the day, month, and year an attorney files a notice of
appearance with the clerk of the court;
4. "Attorney withdrawal date" means the day, month , and year
the court removes cour t-appointed counsel from a case or, if
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privately retained, th e day, month, and year a motion to withdraw is
granted by the court;
5. "Average cost for jail stay" means the average daily cost to
house an inmate including, but not limited to, average medi cal care
costs, daily stay fee, extra food, and transportation ;
6. "Bail" means a monetary amount for or condition of pretrial
release from custody. The purpose of the bail is to ensure the
return of the accused at subsequent procee dings;
7. "Case number" means the identification number assigned by
the clerk of the court to a criminal case;
8. "Case status" means whether a case is open, inactive ,
closed, or reopened d ue to a violation of probation or community
supervision;
9. "Charge description" means the statement of the conduct that
is alleged to have been viola ted, the associated statutory section
establishing such conduct as criminal, and t he misdemeanor or felon y
classification that is provided for in the statutory section alleged
to have been violated;
10. "Charge modifier" means an aggravating circumstance of an
alleged crime that enhances or reclassifies a charge to a more
serious misdemeanor or felony offense ;
11. "Cited offense" means the alleged offense for which an
arrest occurred, includ ing the state or municipal code under which
the offense is allege d;
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12. "Criminal charge against" means information related to the
formal charges filed against a defenda nt, including charge
description, as defined in this section, code section, jurisdictio n,
and charge modifier, as defined in this section, if applicabl e;
13. "Date of arrest" means the day, month, and year the arrest
occurred;
14. "Date of entrance" means the day, month, and year of
entrance into a county jail or detention fa cility;
15. "Demographic information" means identifying information
including name, age, race and ethnicity, gender, ZIP Code of primary
residence, and homeles sness status;
16. "Disposition" means a final judgment, adjudication
withheld, dismissal, or nolle prosequi for the case;
17. "Domestic abuse flag" means an indication that a charge
involves domestic abuse, as such term is defined in subsection C of
Section 644 of Title 21 of the Oklahoma Statutes ;
18. "Gang affiliation flag" means an indication that a
defendant is involved in or associated w ith a criminal street gang,
as such term is defined in subsection F of Section 856 of Title 21
of the Oklahoma Statutes;
19. "Habitual offender flag" means an indication that the
defendant is a repeat offender pursuan t to the provisions of Section
51.1 of Title 21 of the Oklahoma Statutes;
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20. "Inventory search" means a search performed in accordance
with law enforcement department policy on a person or a vehicle
incident to lawful arrest ;
21. "Mental health disorder" means any mental illness, as
defined in paragraph 3 of Section 1-103 of Title 43A of the Oklahoma
Statutes, that was diagnosed by a licensed mental health
professional, as defined in paragraph 11 of Section 1 -103 of Title
43A of the Oklahoma Statutes;
22. "Offense location" means the county in which the offense is
alleged to have occurred;
23. "Operational capacity" means the maximum number of inmates
a county jail or detention facilit y can hold;
24. "Pretrial release violation flag" means an indication that
the defendant has violated the terms of his or her pretrial rel ease;
25. "Release date" means the day, month, and year a defendant
is released from a county jail or deten tion facility; and
26. "Term of sentence" means the sentence type and length
imposed by the court including, but not limited to, the total
duration of imprisonment in a county jail or detention facility and
conditions of probatio n or community control sup ervision.
C. Beginning January 1, 202 5, an entity required to collect
data in accordance with the provisions of this act shall collect the
specified data required of the entity on a monthly basis. Each
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entity shall report the data collected to the Office of Management
and Enterprise Services on a monthly basis.
1. Municipal police departments and county sheriff offices
shall collect for each individual arrested the following
information:
a. arrest location,
b. date of arrest,
c. race and ethnicity of detainee,
d. age of detainee,
e. gender of detainee,
f. ZIP Code of detainee,
g. cited offense, and
h. inventory performed.
2. County jail and county detention facilities shall collect
for each confined person the following informat ion:
a. date of entrance,
b. name,
c. date of birth,
d. gender,
e. race and ethnicity,
f. mental health disorder, if any ,
g. last-known ZIP Code,
h. homelessness status,
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i. any criminal charges against the person by code
section and jurisdiction ,
j. term of sentence,
k. bond amount,
l. if bond is set, and
m. release date.
3. Each county jail and county de tention facility shall collect
the following information:
a. average costs for jail stay per day for a confined
person,
b. average medical care costs for a confined person,
c. daily stay fee and rate for a confined person ,
d. bill for medical costs for all confined persons ,
e. bill for extra food for all confined persons,
f. bill for transportati on for all confined persons ,
g. operational capacity of the county jail and county
detention facility,
h. for each confined person, counting only one time , and
with accompanying demographic information:
(1) the number of sentenced confined people,
(2) the number of unsentenced confined people with a
hold and what kind of hold each unsentenced
person has including, but not limited to, tribal
or federal holds,
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(3) the number of unsentenced confined people without
a hold, and
(4) the number of unsentenced people admitted for a
probation violation or violation of co mmunity
sentencing standards,
i. for unsentenced confined people, counting only o ne
time, and with accompanying demographic information :
(1) the number of unsentenced confined peop le whose
most serious charged offense is a felony, and
(2) the number of unsentenced confined people whose
most serious charged offense is a misde meanor,
j. number of confined people held solely for a municipal
offense with accompanying demographic informa tion,
k. average daily population of the jail facility with
accompanying demographic information,
l. average or median length of stay with accompa nying
demographic information:
(1) number of people who were released within the
prior twelve (12) months whose most serious
offense was a felony, and
(2) number of people who were released within the
prior twelve (12) months whose most serious
offense was a misdemeanor,
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m. number of confined people identified as homeless with
accompanying demographic information , and
n. number of bookings into the jail facility with
accompanying demographic information.
4. District court clerks shall collect the following
information for each criminal case filed:
a. case number,
b. date of alleged offense,
c. county of alleged offense,
d. date that the criminal prosecution of a defendant is
formally initiated through the filing, with the clerk
of the court, of an informat ion by the district
attorney,
e. arraignment date,
f. attorney assignment date ,
g. attorney withdrawal date , if applicable,
h. case status,
i. disposition date and kind of disposition,
j. ZIP Code of primary residence of the defendant,
k. primary language spoken by the defendant,
l. indigency finding,
m. charge description,
n. statute charged under,
o. sentence enhancement charged, if any ,
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p. drug type for each drug charge , if known,
q. qualification for flag designation and kind of
designation including, but not l imited to, domestic
violence, gang affiliation, sex offender, habitual
offender, and pretrial release violation,
r. decision and date of all bail bond and pretrial
determinations,
s. pretrial release determination at first appearance,
including monetary and nonmon etary conditions,
t. modification of bail bond conditions,
u. cash bail or bond pay ment, including whether defendant
utilized a bond agent to post a sure ty bond,
v. date defendant was released on bail, bond, or pretrial
release,
w. bail or bond revocation d ue to new offense, failure to
appear, or a violation of bail or bond terms,
x. date of any court appearance and the typ e of
proceeding scheduled for each date reported,
y. date of any failure to appear in court,
z. judicial transfer date, if applicable ,
aa. trial date if jury trial held ,
bb. date the defendant files a notice to participa te in
discovery,
cc. speedy trial motion and hearing dates, if applica ble,
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dd. dismissal motion and hearing dates, if applicable,
ee. whether the defense attorney was retained, is a public
defender, or an attorney with the Oklahoma Indigent
Defense System,
ff. date that a court enters a sent ence against a
defendant,
gg. whether or not a plea was entered,
hh. total amount of court fees imposed by the court at
disposition of the case,
ii. outstanding balance of the court fees of the defendant
imposed by the court at disposition of the case,
jj. total amount of court fines impos ed by the court at
disposition of the case,
kk. outstanding balance of the court fines of the
defendant imposed by the court at disposition of the
case,
ll. restitution amount ordered, i ncluding the amount
collected by the court and the amount paid to the
victim, if applicable,
mm. number of continuances, and
nn. number of judges or magistrates, or their eq uivalents,
hearing cases in cir cuit or county criminal divisions
of the circuit court.
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5. From each office of the district attorney in the twenty-
seven (27) prosecutorial districts of Oklahoma, the following
information shall be collected:
a. number of full-time prosecutors,
b. number of part-time prosecutors,
c. race, ethnicity, and gender of prosecutors,
d. annual felony caseload,
e. annual misdemeanor caseload,
f. number of cases in which an information was not filed,
g. number of cases declined , and
h. for individual cases:
(1) whether the defendant received an offer to
participate in a diversion program,
(2) name of diversion program, if offered,
(3) whether the defendant accepted or declined the
diversion program,
(4) diversion program outcome ,
(5) pretrial release recommendation of the
prosecutor,
(6) bail amount recommendation of the prosecutor by
misdemeanor and felony charge types, and
(7) plea offers by the prosecutor, if any, and
modifications.
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6. From the Office of the Tulsa County Public Defender , the
Office of the Oklahoma County Public Defender, and each contractor
of the Oklahoma Indigent Defense System :
a. number of full-time public defenders,
b. number of part-time public defenders,
c. number of contract attorneys representing indigent
defendants for the office,
d. annual felony caseload , and
e. annual misdemeanor ca seload.
D. The Office of Management and Enterprise Services shall
publish datasets in its possession in a modern, open, electronic
format that is machine -readable and readily accessible by the public
on the website of the Office. The published data shall be
searchable, at a minimum, by each data element, county, circuit, a nd
unique identifier. Agencies that employ five hundred (500) or more
employees shall submit data to the Office by July 1, 2025. Agencies
that employ more than one hundred (100) but less than five hundred
(500) employees shall submit data to the Office by December 31,
2025. Agencies with more than zero (0) and less than one hundred
(100) employees shall submit data to the Office by July 1, 2026.
E. Upon a determination by the Office of Management and
Enterprise Services of noncompliance, any member of any board of
county commissioners may bring an action in a district court having
jurisdiction over the county from which the county commissioner
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serves to force compliance. If any entity covered under the
provisions of this act encompasses more than one county, upon a
determination by the Office of noncompliance, a county commissioner
serving from any of the encompassed counties may bring such ac tion
against the entity.
SECTION 2. This act shall become effectiv e November 1, 2024.
59-2-9411 GRS 01/03/24