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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1702 By: Gollihare
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Sections 1105.2 and 1105.3, which relate
to the Pretrial Release Act; a uthorizing use of
certain treatment programs for pret rial release;
authorizing order for electronic m onitoring under
certain circumstances; stating function of certain
programs; authorizing release of certa in person to
certain program; requiring certain no tice;
authorizing dismissal of certain c harges; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105.2, is
amended to read as follows:
Section 1105.2. A. Following an arrest for a misdemeanor or
felony offense and before formal charges have been filed or an
indictment made, the arrested person may have bail set by the court
as provided in this act; provided there are no provisions of la w to
the contrary.
B. When formal charges or an indictment has been filed, bai l
shall be set according to law and the pretrial bond, if any, may be
reaffirmed unless additional securi ty is required. Every judicial
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district may, upon the order of the pres iding judge for the
district, establish a pretrial bail schedule for felony or
misdemeanor offenses, except for traffic offenses included in
subsections B, C and D of Section 1115.3 of Title 22 of the Oklah oma
Statutes and those offenses specifically exclu ded herein. The bail
schedule established pursuant to the authority of this ac t shall
exclude any offense for which bail is not allowed by law. The bail
schedule authorized by this a ct shall be set in accordance with
guidelines relating to bail and shall be published and reviewed by
March 1 of each year by the courts and district attorney of the
judicial district.
C. The pretrial bail shall be set in a numerical dollar amount.
If the person fails to appe ar in court as required the judge shall:
1. Rescind the bond and proceed to enter a judgment against the
defendant for the dolla r amount of the pretrial bail if no private
bail was given at the time of release; provided, however, the court
clerk shall follow the procedures as set forth in Section 1301 et
seq. of Title 59 of the Oklahoma Statutes in collecting the
forfeiture amount against the person who fails to appear in court;
or
2. Rescind and forfeit the private bail if cash, property or
surety bail was furnished at the time of release as set forth i n
Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
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D. When a pretrial program exists in the judicial district
where the person is being held, the The judge may utilize the
services of the pretrial release program or an assisted outpatient
treatment program as defined in Section 1 -103 of Title 43A of the
Oklahoma Statutes when ordering pretrial release, if such programs
exist in the judicial district where the person is being held,
except when private bail has been furnished.
E. Upon an order for pretrial release or release on bond, the
person shall be released from custody without undue delay.
F. The If a pretrial release program or an assisted outpatient
treatment program is unavailable in the judicial district where the
person is being held bu t the person would be better served by being
released into the community pending trial, the court may shall
require the person to be placed on an electronic monitoring device
as a condition of pretrial release that constitutes the least
restrictive means of release. In a judicial district where such
programs are available, the court may require the person to be
placed on an electronic m onitoring device as a condition of release
or upon the recommendation of such program .
G. In instances where an electroni c monitoring device has been
ordered, the court may impose payment of a supervision fee. Payment
of the fee, in whole or according to a court -ordered installment
schedule, shall be a condition of pretrial release. T he court clerk
shall collect the superv ision fees.
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SECTION 2. AMENDATORY 22 O.S. 2021, Section 1105.3, is
amended to read as follows:
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 that jurisdiction.
B. 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. Such program shall serv e as an alternative to bail for
persons not released on their own recognizance but who do not serve
a public safety risk. After conducting an evaluation of the person
applying for pretrial release, the pretrial program shall make a
recommendation to the court. The recommendation sh all indicate any
special supervisory conditions for pretrial release including but
not limited to electronic mon itoring. The judge shall consider the
recommendations and may grant or deny pretrial relea se. The
presiding judge of the judicial district may issue a standing order
outlining criteria 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 ce rtain offenses.
C. Except as otherwise authorized by the provisions of this
subsection, persons accused of or detained for any of the following
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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 in fluence of an intoxicating
substance;
3. Any offense prohibited by the Trafficking In Illeg al 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 deg ree;
7. Assault and battery on a police offi cer;
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 s ubstance, including
the sale or possession of a controlled dangerous substance with
intent to distribute or conspir acy to distribute;
13. Domestic abuse, domestic assa ult or domestic assault and
battery with a dangerous weapon, or domestic assault and battery
with a deadly weapon;
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14. Driving under the influence of intoxicating substance where
property damage or pers onal 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;
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 dan gerous 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;
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31. Possession of a stolen vehicle;
32. Rape in the first degree, including attempt s 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 weapon, including
attempts to commit robbery with a firear m or dangerous weapon;
36. Sexual assault or violent offenses against children;
37. Shooting with intent to kill;
38. Stalking or violation of a Victim Protection Order;
39. Two or more prior felony convictions; o r
40. Unauthorized use of a motor vehi cle.
D. 1. 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
release to an assisted outpatient treatment program as defined in
Section 1-103 of Title 43A of the Oklahoma S tatutes, and an order to
require the defendant, as a condition of pretrial relea se, to use or
participate in any monitoring or tes ting including, but not limited
to, a Global Positioning System (GPS) monitoring device and
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urinalysis testing. The court may further order the defendant to
pay costs and expenses related to any supervision, monitoring or
testing.
2. A court may release a person requiring treatment as defined
in Section 1-103 of Title 43A of the Oklahoma S tatutes to an
assisted outpatient treatment program for a period of time as
recommended by the tr eatment provider. Onc e treatment is complete,
the provider shall notify the court and the district attorney of the
person’s release from treatment. If the person success fully
completes the treatmen t program, the district attorney may dismiss
the case.
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 fro m the
screening and evaluation process must be submitt ed 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;
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2. The program shall provide reliab le information to the judge
relating to the person applying for pretrial releas e so a reasonable
decision can be made concerning the amount a nd type of bail
appropriate for pretrial release. The information provided shall be
based upon facts relating to t he 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 consider ed for
pretrial release.
F. A pretrial program established pursuant 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. Pretrial 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 operat es.
A copy of the report shall be filed of record with the court clerk
of the jurisdiction. Each report shall inc lude, but is not limited
to, the following information :
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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 pretria l release that
failed to appear; and
4. Any other information deemed appropria te by the reporting
judicial district or that the program desi res to report.
H. Every pretrial release program established pursuant to this
section shall utilize the services o f local providers; provided,
however, any program in c ontinuous existence since July 1, 1999,
shall be exempt from the provisions of this subsection.
SECTION 3. This act shall become effective Novembe r 1, 2024.
59-2-2921 TEK 1/16/2024 4:41:09 PM