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Oklahoma House Bill HB1706

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1706 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1706 By: Worthen
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3838 AS INTRODUCED
3939
4040 An Act relating to criminal procedure; creating the
4141 Pretrial Procedures Modernization Act of 2025;
4242 amending 22 O.S. 2021, Section 181, which relates to
4343 appearances before magistrate without delay;
4444 requiring arrested defendants to be taken before
4545 judge for pretrial release hearings; establishing
4646 time limitations; amending 22 O.S. 2021, Section 251,
4747 which relates to the duty to inform defen dant of
4848 charges and rights; directing the court to conduct a
4949 pretrial release hearing; making rules of evidence
5050 inapplicable; providing list of procedural
5151 protections to be conveyed to defendant; directing
5252 the judge to providing certain information to the
5353 defendant; directing court to make certain findings;
5454 authorizing the state to present evidence at hearing;
5555 providing for rebuttal by the defendant; requiring
5656 court to consider certain factors; directing court to
5757 determine release conditions with certain
5858 considerations; providing for the detainment of
5959 defendant under certain circumst ances; deeming
6060 certain bonds an order of detention; presuming the
6161 inability of a defendant to pay the bond or fee
6262 amount pursuant to certain circumstances; amending
6363 22 O.S. 2021, Section 258, as amended by Section 2,
6464 Chapter 269, O.S.L. 2022 (22 O.S. Supp. 2024, Section
6565 258), which relates to preliminary examinations;
6666 providing gender-neutral language; deleting exception
6767 related to the filing of informations; reducing time
6868 limitation for setting preliminary hearings;
6969 providing list of circumstances for find ing good
7070 cause to delay preliminary hearings; requiring court
7171 to schedule preliminary hearing within certain time
7272 period after delay; amending 22 O.S. 2021, Section
7373 1105.2, which relates to the Pretrial Release Act;
7474 requiring conditions of release to be determined when
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101101 defendant appears for a pretrial release hearing;
102102 directing judicial districts to establish pre -
103103 appearance bail schedules for sheriffs and operators
104104 of detention facilities; providing an exception for
105105 traffic offenses; requiring bail schedule to be made
106106 public and publicly displayed in jail or detention
107107 facilities; establishing procedures for determining
108108 bail and posting bond; authorizing the court to
109109 rescind bond; providing for the release from custody
110110 upon an order of pretrial release or release on bond;
111111 allowing for electronic monitoring if certain
112112 condition is satisfied; prohibiting the modification;
113113 revocation, or forfeiture of bonds absent a hearing;
114114 providing circumstances that allow for a bail
115115 modification hearing; establishing procedur es for
116116 bail modification hearings and notice requirements;
117117 amending 22 O.S. 2021, Section 1105.3, which relates
118118 to establishing and funding the pretrial program;
119119 creating a statewide pretrial services program with in
120120 each judicial district; providing supervision by the
121121 Administrative Office of the Courts; deleting certain
122122 procedures of the pretrial release program and list
123123 of eligible offenses or conditions; directing the
124124 Administrative Office of the Courts to employ chief
125125 administrative officers for pretria l services
126126 programs in each judicial district; providing for his
127127 or her removal; authorizing the director to employ
128128 staff, contract for services, and provide equipment;
129129 establishing minimum criteria for pretrial services
130130 programs; directing submission of screening report to
131131 the judge; directing distribution of report to
132132 certain parties; allowing judge to rely on report
133133 information; prohibiting the delay of hearings and ex
134134 parte communications to the court; setting forth
135135 minimum requirements for pretrial ser vices;
136136 prohibiting pretrial services from imposing or
137137 enforcing unauthorized release conditions;
138138 establishing quarterly report requirements; deleting
139139 utilization of local provide rs requirement and
140140 certain exemption; amending 22 O.S. 2021, Section
141141 1355A, which relates to the Indigent Defense Act;
142142 providing exception to indigent request for
143143 representation; deleting written statement
144144 requirement on application; authorizing
145145 representation despite being released on bond;
146146 providing rebuttable presumption for elig ibility
147147 determination; waiving application and application
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174174 fee under certain circumstances; providing for the
175175 appointment of counsel; amending 22 O.S. 2021,
176176 Section 2002, which relates to the Oklahoma Criminal
177177 Discovery Code; directing the disclosure of discovery
178178 as soon as practicable; requiring completion of
179179 discovery before pleas of guilty or nolo contendere;
180180 directing parties to acknowledge receipt of discovery
181181 items; directing the state to promptly disclose
182182 additional discovery items; providing for
183183 noncodification; providing for codification; and
184184 providing an effective date .
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190190 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
191191 SECTION 1. NEW LAW A new section of law not to be
192192 codified in the Oklahoma Statutes reads as follows:
193193 This act shall be known and may be cited as the "Pretrial
194194 Procedures Modernization Act of 2025 ".
195195 SECTION 2. AMENDATORY 22 O.S. 2021, Section 181, is
196196 amended to read as follows:
197197 Section 181. The A defendant must who has been arrested with or
198198 without a warrant for a criminal offense shall , in all cases, be
199199 taken before the magistrate a judge of the district court for a
200200 pretrial release hearing without unnecessary delay , but in no case
201201 later than forty-eight (48) hours after being taken into custody,
202202 inclusive of weekends and holidays .
203203 SECTION 3. AMENDATORY 22 O.S. 2021, Section 251, is
204204 amended to read as follows:
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231231 Section 251. A. When the defendant is brought before a
232232 magistrate judge of the district court upon an arrest, either with
233233 or without a warrant for an initial appearance , on a charge of
234234 having committed a public offense, the magistrate must court shall
235235 immediately inform him the defendant of the charge against him or
236236 her, and of his right to the aid of counsel in every stage of the
237237 proceedings, and also of his right to waive an examination before
238238 any further proceedings are had conduct a pretrial release hearing
239239 to determine the conditions under which the defendant will be held
240240 or released pretrial. The rules of evidence do not apply at the
241241 pretrial release hearing .
242242 B. The following procedural protections shall be provided at
243243 the pretrial release hearing:
244244 1. Right to counsel:
245245 a. the defendant shall be advised that he or she has the
246246 right to be represented by an attorney of his or her
247247 choosing or an appointed attorney at no expense. The
248248 court shall appoint counsel unless the defendant is
249249 privately represented, o r the court finds that the
250250 defendant has been advised of and knowingly waived
251251 appointment of counsel and chooses to proceed pro se,
252252 and
253253 b. the defendant shall be advised that he or she has the
254254 right to consult with his or her attorney privately
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281281 before, or at any time during, the pretrial release
282282 hearing; and
283283 2. Ability to contest and present evidence:
284284 a. the defendant shall be advised of and shall have the
285285 opportunity to examine and challenge any evidence
286286 presented to or considered by the court in connecti on
287287 with the release determination and to cross -examine
288288 any witnesses, and
289289 b. the defendant shall be allowed to present evidence and
290290 witness testimony and to make argument s.
291291 Each of the findings required in this section shall be made by
292292 clear and convincing evidence, and contained in a record which also
293293 identifies the evidence on which the court relied to make each of
294294 its findings.
295295 C. At the pretrial release hearing, the court shall:
296296 1. Inform the defendant orally and in writing of his or her
297297 next court date;
298298 2. Order the defendant, if released, to appear at all court
299299 hearings as directed and not to commit a criminal offense while
300300 released;
301301 3. Advise the defendant that if the defendant fails to appear
302302 as directed or commits a criminal offense while releas ed, a warrant
303303 may be issued for his or her arrest for violating the release
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330330 conditions and that the defendant could be subjected to greater
331331 restrictions or ordered to stay in jail pending trial;
332332 4. Advise the defendant that the defendant can provide up to
333333 two telephone numbers at which the defendant can be called or texted
334334 with a reminder on the business day before his or her next court
335335 date. The court shall also give the defendant at the hearing, in
336336 writing and orally, instructions for supplementing or c hanging any
337337 telephone numbers provided at the hearing. If the defendant
338338 provides one or more telephone numbers the court shall provide the
339339 defendant with a telephone conversation, voice mail, or text message
340340 reminder of each court date at which the defend ant is required to
341341 appear, at each of the telephone numbers provided, on the b usiness
342342 day before the scheduled court date .
343343 The reminder shall include the time and date of the appearance,
344344 the nature of the appearance, and a warning that if the defendant
345345 does not appear, a warrant may be issued for his or her arrest. The
346346 reminder shall also include instructions for contacting the court by
347347 telephone with any questions.
348348 D. At the pretrial release hearing, the court shall make a
349349 finding of whether the defendan t, if released, is unlikely to appear
350350 in court as directed, or will create a s afety threat to one or more
351351 identifiable members of the community.
352352 1. The state may present evidence, including evidence received
353353 from pretrial services if available at the time of the hearing, that
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380380 the defendant, if released, is unlikely to appear in court as
381381 directed, or will create a safety threat to one or more identifiable
382382 members of the community.
383383 2. If the state presents evidence, the defendant shall have the
384384 opportunity to review and challenge said evidence and to produce
385385 contrary evidence and leg al argument.
386386 3. In making its finding, the court shall consider the
387387 following factors:
388388 a. the seriousness of the crime charged against the
389389 defendant, the apparent likelihood of conviction, and
390390 the extent of the punishment prescribed by statute,
391391 b. the criminal record of the defendant, if any, and
392392 previous record on bail if any,
393393 c. the reputation of the defendant and mental condition,
394394 d. the length of residency of the defendant in the
395395 community,
396396 e. the family ties and relationships of the defendant,
397397 f. the employment status of the defendant, record of
398398 employment, and his or her financial condition,
399399 g. the identity of responsible members of the community
400400 who would vouch for the reli ability of the defendant,
401401 and
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428428 h. any other factors indicating mode of life of the
429429 defendant, ties to the community, or bearing on the
430430 risk of his or her failure to appear.
431431 4. If the court finds the defendant, if released, is unlikely
432432 to appear in court as directed, or will create a safety threat to
433433 one or more identifiable members of the community, the court shall
434434 determine the release conditions that are sufficient to reasonably
435435 assure the return of the defendant to court as directed and the
436436 safety of one or more identifiable members of the community.
437437 5. The court may impose conditions of release in addition to
438438 ordering the defendant to appear in court as directed and not to
439439 commit a criminal offense while released, provided:
440440 a. the court shall impose a c ondition or a set of
441441 conditions that are the least restrictive conditions
442442 necessary to reasonably assure the return of the
443443 defendant to court as directed or the safety of one or
444444 more identifiable members of the community,
445445 b. the court shall impose a partia lly or fully secured
446446 bond, cash bond, or property bond only after a finding
447447 that no set of nonmonetary conditions, including
448448 unsecured bond, can reasonably assure the return of
449449 the defendant to court as directed or the safety of
450450 one or more identifiable me mbers of the community.
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477477 6. The court may order the defendant detained only af ter a
478478 finding that no condition or combination of conditions of release
479479 can reasonably assure the return of the defendant to court as
480480 directed or the safety of one or more identi fiable members of the
481481 community.
482482 7. For the purposes of this subsection, any secured or
483483 partially secured bond condition shall be deemed an order of
484484 detention unless the court finds the defendant has the present
485485 ability to pay the secured portion of the b ond.
486486 E. 1. If the defendant had a monetary bond set by a schedule
487487 following arrest and the defendant remains in custody at the time of
488488 the pretrial release hearing, there is a rebuttable presumption that
489489 the defendant is unable to afford the preset bond amount.
490490 2. The defendant shall be presumed presently unable to pay any
491491 bond or fee if the defendant:
492492 a. receives means-tested government assistance,
493493 b. has an income at or below two hundred percent (200%)
494494 of the federal poverty level,
495495 c. is eligible for appointed counsel,
496496 d. is or within the last two (2) years has been homeless,
497497 e. is incarcerated or residing in a mental health or
498498 other treatment facility, or
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525525 f. for the last three (3) months has had monthly expenses
526526 that are equal to or in excess of the mo nthly income
527527 and assets of the defendant.
528528 SECTION 4. AMENDATORY 22 O.S. 2021, Section 258, as
529529 amended by Section 2, Chapter 269, O.S.L. 2022 (22 O.S. Supp. 2024,
530530 Section 258), is amended to read as follows:
531531 Section 258. First: T he witnesses must be examined in the
532532 presence of the defendant, and may be cro ss-examined by the
533533 defendant. On the request of the district attorney, or the
534534 defendant, all the testimony must be reduced to writing in the form
535535 of questions and answers and si gned by the witnesses, or the same
536536 may be taken in shorthand and transcribed without signing, and in
537537 both cases filed with the clerk of the district court, by the
538538 examining magistrate, and may be used as provided in Section 333 of
539539 this title. In no case s hall the county be liable for the expense
540540 in reducing such testimony to writin g, unless ordered by the judge
541541 of a court of record.
542542 Second: The district attorney may, on approval of the county a
543543 judge or of the district judge court, issue subpoenas in felo ny
544544 cases and call witnesses before the district attorney and have them
545545 sworn and their testimony reduced to writing and signed by the
546546 witnesses at the cost of the county. Such examination must be
547547 confined to some felony committed against the statutes of t he state
548548 and triable in that county, and the evidence so taken shall not be
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575575 receivable in any civil proceeding. A refusal to obey such subpoena
576576 or to be sworn or to testify may be punished as a contempt on
577577 complaint and showing to the county court, or district court, or the
578578 judges thereof that proper cause exists therefor.
579579 Third: No preliminary information shall be filed without the
580580 consent or endorsement of the district attorney , unless the
581581 defendant be taken in the commission of a felony, or the offense be
582582 of such character that the accused is liable to escape before the
583583 district attorney can be consulted. If the defendant is discharged
584584 and the information is filed without authority from or endorsement
585585 of the district attorney, the costs must be taxed t o the prosecuting
586586 witness, and the county shall not be liable therefor .
587587 Fourth: The convening and session of a grand jury does not
588588 dispense with the right of the district attorney to file complaints
589589 and informations, conduct preliminary hearings and other routine
590590 matters, unless otherwise specifically ordered, by a written order
591591 of the court convening the grand jury; made on the court 's own
592592 motion, or at the request of the grand jury.
593593 Fifth: There shall be no preliminary examinations in
594594 misdemeanor cases.
595595 Sixth: A preliminary magistrate hearing judge shall have the
596596 authority to limit the evidence presented at the preliminary hearing
597597 to that which is relevant to the issues of: (1) whether the crime
598598 was committed, and (2) whether there is probable cause to believe
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625625 the defendant committed the crime. Once a showing of probable cause
626626 is made the magistrate shall terminate the preliminary hearing and
627627 enter a bindover order; provided, however, that the preliminary
628628 hearing shall be terminated only if the state m ade available for
629629 inspection and copying law enforcement reports within the
630630 prosecuting attorney 's knowledge or possession at the time to the
631631 defendant five (5) working days prior to the date of the preliminary
632632 hearing. The district attorney shall determi ne whether or not to
633633 make the law enforcement reports available prior to the p reliminary
634634 hearing. If reports are made available, the district attorney shall
635635 be required to provide those law enforcement reports that the
636636 district attorney knows to exist at the time of providing the
637637 reports, but this does not include any physical evidence which may
638638 exist in the case. This provision does not require the district
639639 attorney to provide copies for the defendant, but only to make them
640640 available for inspection and copying by defense counsel. In the
641641 alternative, upon agreement of the state an d the defendant, the
642642 court may terminate the preliminary hearing once a showing of
643643 probable cause is made.
644644 Seventh: A preliminary magistrate hearing judge shall accept
645645 into evidence as proof of prior convictions a noncertified copy of a
646646 Judgment and Sentence when the copy appears to the preliminary
647647 magistrate hearing judge to be patently accurate. The district
648648 attorney shall make a noncertified copy of the Judgment and Sentence
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675675 available to the defendant no fewer than five (5) days prior to the
676676 hearing. If such copy is not made available five (5) days prior to
677677 the hearing, the court shall continue the portion of the hearing to
678678 which the copy is relevant for such time as the defe ndant requests,
679679 not to exceed five (5) days subsequent to the receipt of the copy.
680680 Eighth: The purpose of the preliminary hearing is to establish
681681 probable cause that a crime was committed and probable cause that
682682 the defendant committed the crime.
683683 Ninth: The preliminary hearing must be set within nine (9)
684684 months sixty (60) days from the initial appearance of the defendant.
685685 If commencement of the preliminary hearing is delayed past the nine-
686686 month sixty-day time limit, a show cause hearing shall be schedule d
687687 by the court to show reason for the delay. If the court fails to
688688 find good cause for the delay, the court shall schedule a
689689 preliminary hearing as soon as practicable. If the defendant is in
690690 pretrial detention, good cause shall be limited to:
691691 1. Illness or other justifiable absence of the court, counsel,
692692 the defendant, or necess ary court personnel;
693693 2. Unavailability of necessary scientific reports or subpoenaed
694694 records that will be available within a reasonable time;
695695 3. Unavailability of a necessary w itness who will be available
696696 within a reasonable time;
697697 4. The accused is incompetent to stand trial; or
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724724 5. A determination of the competency of the accused to stand
725725 trial is pending.
726726 If the defendant is in pretrial detention and the court finds
727727 good cause for the delay, the court shall schedule the preliminary
728728 hearing no later tha n sixty (60) days after the original setting.
729729 SECTION 5. AMENDATORY 22 O.S. 2021, Section 1105.2, is
730730 amended to read as follows:
731731 Section 1105.2. A. Fo llowing an arrest for a misdemeanor or
732732 felony offense and before formal charges have been filed or an
733733 indictment made, the arrested person may have bail set by the court
734734 as provided in this act; provided there are no provisions of law to
735735 the contrary.
736736 B. When the defendant appears before the court for a pretrial
737737 release hearing or when formal charges or an indictment has been
738738 filed, bail conditions of release shall be set according to law and
739739 the pretrial bond, if any, may be reaffirmed unless additional
740740 security is required determined as provided in Section 251 of this
741741 title. Every judicial district may, upon the order of the presiding
742742 judge for the district, establish a pretrial pre-appearance bail
743743 schedule for use by the sheriff or other operator of a j ail or
744744 detention facility to set bail prior to the pretrial release hearing
745745 before the court for felony or misdemeanor offenses , except for
746746 traffic. Traffic offenses included in subsections B, C and D of
747747 Section 1115.3 of Title 22 of the Oklahoma Statutes this title and
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774774 those offenses specifically excluded herein shall not be included .
775775 The bail schedule established pursuant to the authority of this act
776776 shall exclude any offense for which bail is not allowed by law. The
777777 bail schedule authorized by this ac t shall be set in accordance with
778778 guidelines relating to bail and shall be pub lished and reviewed by
779779 March 1 of each year by the courts and district attorney of the
780780 judicial district. The bail schedule authorized by this section
781781 shall be made public and s hall be displayed in the public area of
782782 the jail or detention facility.
783783 C. When a person is assigned bail under a bail schedule, the
784784 amount shall be determined by reference to the charge of arrest
785785 associated with the highest bail amount. Scheduled bail a mounts
786786 shall not be aggregated.
787787 D. 1. Any bail amount imposed pursuant to a bail schedule or
788788 by any order of the court can be satisfied by posting a cash bond or
789789 secured bond in the full amount, or by posting a partially secured
790790 bond by depositing cash e qual to ten percent (10%) of the bond
791791 amount and executing a promise to pay the remaining amount upon a
792792 court ordering the bond forfeited.
793793 2. An individualized court order may require that a cash bond
794794 be fully secured but only if the order complied with a ll the
795795 requirements of Section 251 of this title for imposing bail
796796 conditions.
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823823 E. Bail amounts prescribed by a bail schedule shall not be
824824 considered presumptively reasonable when a judge subsequently
825825 determines release conditions of the person.
826826 C. F. The pretrial pre-appearance bail shall be set in a
827827 numerical dollar amount. If the person fails to appear in court as
828828 required, the judge shall may:
829829 1. Rescind the bond and proceed to enter a judgment against the
830830 defendant for the dollar amount of the pretrial pre-appearance bail
831831 if no private bail was given at the time of release; p rovided,
832832 however, the court clerk shall follow the procedures as set forth in
833833 Section 1301 et seq. of Title 59 of the Oklahoma Statutes in
834834 collecting the forfeiture amount agains t the person who fails to
835835 appear in court; or
836836 2. Rescind and forfeit the private bail if cash, property or
837837 surety bail was furnished at the time of release as set forth in
838838 Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
839839 D. When a pretrial prog ram exists in the judicial district
840840 where the person is being held, the G. The judge may utilize the
841841 services of the pretrial release services program when ordering
842842 pretrial release, except when private bail has been furnished.
843843 E. H. Upon an order for pr etrial release or release on bond,
844844 the person shall be released from custody without undue delay.
845845 F. I. The court may require the person to be placed on an
846846 electronic monitoring device as a condition of pretrial release ,
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873873 provided that the provisions of Se ction 251 of this title for
874874 requiring such a condition have been satisfied .
875875 G. J. In instances where an electronic monitoring device has
876876 been ordered, the court may impose payment of a supervision fee.
877877 Payment of the fee, in whole or according to a court -ordered
878878 installment schedule, shall be a condition of pretrial release ,
879879 provided that a finding of ability to pay has been made in
880880 accordance with Section 251 of this title . The court clerk shall
881881 collect the supervision fees.
882882 SECTION 6. NEW LAW A new section of law to be codified
883883 in the Oklahoma Statutes as Section 1105.2a of Title 22, unless
884884 there is created a duplication in numbering, reads as follows:
885885 A. A bond may not be modified, revoked, or forfeited absent a
886886 hearing that complies with the procedural requirements for a
887887 pretrial release hearing as provided in Section 251 of Title 22 of
888888 the Oklahoma Statutes.
889889 B. A bail modification hearing shall be scheduled:
890890 1. At any time, upon a showing by any party that there has been
891891 a change in material circumstances; or
892892 2. Sua sponte by the court, within forty -eight (48) hours of
893893 the imposition of a monetary bond condition if the person remains in
894894 jail, unless at the time the bond was imposed the court found the
895895 person unable to pay as provided in Section 251 of Title 22 of the
896896 Oklahoma Statutes. The administrator of the jail in which the
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923923 person is detained shall provide the court with the information
924924 necessary to schedule hearings as provided in this subsection.
925925 C. At a bail modification hearing:
926926 1. The court may not revoke or forfeit bond, impose additional
927927 or more restrictive conditions of release, or order the person
928928 detained:
929929 a. unless the substantive and procedural requirements for
930930 imposing conditions at pretrial release hearings, as
931931 provided in Section 251 of Title 22 of the Oklahoma
932932 Statutes, are satisfied, or
933933 b. on grounds that the person violated a condition of
934934 pretrial release if:
935935 (1) the rule or condition violated was imposed by any
936936 entity other than the court, including co urt
937937 services or pretrial services, or
938938 (2) the condition violated was a require ment to pay a
939939 monetary amount, absent a finding of willfulness ;
940940 and
941941 2. A person shall not be jailed for failure to pay an unsecured
942942 portion of bond following forfeiture absent a finding of ability to
943943 pay that follows the procedural and substantive requirements for
944944 determining ability to pay at a pretrial release hearing.
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971971 D. Whenever a bond modification hearing is scheduled , and the
972972 person is not in custody, the court shall provi de notice to the
973973 person, as follows:
974974 1. Notice shall be provided in person or by mail at least seven
975975 (7) calendar days before the hearing, and by telephone on the
976976 business day before the scheduled hearing at every telephone number,
977977 if any, provided by the person as provided in Section 251 of Title
978978 22 of the Oklahoma Statutes; and
979979 2. The notice shall include the time and date of the hearing,
980980 the nature of the hearing, and an advisement that if the person does
981981 not appear, a warrant may be issued for his or her arrest. The
982982 reminder shall also include instructions for contacting the c ourt by
983983 telephone with any questions.
984984 SECTION 7. AMENDATORY 22 O.S. 2021, Section 1105.3, is
985985 amended to read as follows:
986986 Section 1105.3. A. Any county pursuant to the provisions of
987987 the Pretrial Release Act may establish and fund a There is hereby
988988 created a statewide pretrial services program within each judicial
989989 district of the state to be supervised by the Administrative Office
990990 of the Courts and utilized by the district court in that each
991991 jurisdiction.
992992 B. When a 1. From funds appropriated or otherwise available
993993 for the purpose of implementing the statewide pretrial release
994994 services program is established pursuant to the Pretrial Release Act
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10211021 and private bail has not been furnished, the judge may order a
10221022 person to be evaluated through , the Administrative Office of the
10231023 Courts shall employ a chief administrative officer of the pretrial
10241024 services program for each judicial district who shall be the
10251025 director and who shall coordinate such staff, offices, equipment,
10261026 and contract services as are necessary to accomplish the purposes of
10271027 the pretrial services program. The director shall be selected by
10281028 the Administrative Office of the Courts after consultation with t he
10291029 presiding judge of the judicial district and may be removed in the
10301030 same manner.
10311031 2. Subject to budget limitations established by the
10321032 Administrative Office of the Courts, the director shall employ
10331033 sufficient staff, contract for sufficient services, and p rovide
10341034 sufficient equipment, as provided by law, as are necessary to
10351035 accomplish the purposes of the pretrial services program within the
10361036 judicial district. After conducting an evaluation of the person
10371037 applying for pretrial release, the pretrial program sh all make a
10381038 recommendation to the court. The recommendation shall indicate any
10391039 special supervisory conditions for pretrial release. The judge
10401040 shall consider the recommendations and may grant or deny pretrial
10411041 release. The presiding judge of the judicial d istrict may issue a
10421042 standing order outlining criteria for cases that may autom atically
10431043 be evaluated for pretrial release by a pretrial program operating in
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10701070 the jurisdiction. The standing order may include amounts for bail
10711071 and types of bonds deemed appropr iate for certain offenses.
10721072 C. Except as otherwise authorized by the provisions of this
10731073 subsection, persons accused of or detained for any of the following
10741074 offenses or conditions shall not be eligible for pretrial release by
10751075 any pretrial program:
10761076 1. Aggravated driving under the influence of an intoxicating
10771077 substance;
10781078 2. Any felony driving under the influence of an intoxicating
10791079 substance;
10801080 3. Any offense prohibited by the Trafficking In Illegal Drugs
10811081 Act;
10821082 4. Any person having a violent felony conviction w ithin the
10831083 past ten (10) years;
10841084 5. Appeal bond;
10851085 6. Arson in the first degree, including attempts to commit
10861086 arson in the first degree;
10871087 7. Assault and battery on a police officer;
10881088 8. Bail jumping;
10891089 9. Bribery of a public official;
10901090 10. Burglary in the fir st or second degree;
10911091 11. Civil contempt proceedings;
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11181118 12. Distribution of a c ontrolled dangerous substance, including
11191119 the sale or possession of a controlled dangerous substance with
11201120 intent to distribute or conspiracy to distribute;
11211121 13. Domestic abuse, do mestic assault or domestic assault and
11221122 battery with a dangerous weapon, or domestic assault and battery
11231123 with a deadly weapon;
11241124 14. Driving under the influence of intoxicating substance where
11251125 property damage or personal injury occurs;
11261126 15. Felony dischargin g a firearm from a vehicle;
11271127 16. Felony sex offenses;
11281128 17. Fugitive bond or a governor's fugitive warrant;
11291129 18. Immigration charges;
11301130 19. Kidnapping;
11311131 20. Juvenile or youthful offender detention;
11321132 21. Manslaughter;
11331133 22. Manufacture of a controlled dangerou s substance;
11341134 23. Murder in the first degree, including attempts or
11351135 conspiracy to commit murder in the first degree;
11361136 24. Murder in the second degree, including attempts or
11371137 conspiracy to commit murder in the second degree;
11381138 25. Negligent homicide;
11391139 26. Out-of-county holds;
11401140 27. Persons currently on pretrial release who are arrested on a
11411141 new felony offense;
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11681168 28. Possession, manufacture, use, sale or delivery of an
11691169 explosive device;
11701170 29. Possession of a controlled dangerous substance on Schedule
11711171 I or II of the Controlled Dangerous Substances Act;
11721172 30. Possession of a firearm or other offensive weapon during
11731173 the commission of a felony;
11741174 31. Possession of a stolen vehicle;
11751175 32. Rape in the first degree, including attempts to commit rape
11761176 in the first degree;
11771177 33. Rape in the second degree, including attempts to commit
11781178 rape in the second de gree;
11791179 34. Robbery by force or fear;
11801180 35. Robbery with a firearm or dangerous weapon, including
11811181 attempts to commit robbery with a firearm or dangerous weapon;
11821182 36. Sexual assault or violent offenses against children;
11831183 37. Shooting with intent to kill;
11841184 38. Stalking or violation of a Victim Protection Order;
11851185 39. Two or more prior felony convictions; or
11861186 40. Unauthorized use of a motor vehicle.
11871187 D. Other than a person accused of or detained for an offense
11881188 provided for in paragraph 13 or paragraph 38 of subse ction C of this
11891189 section, a person not eligible for pretrial release pursuant to the
11901190 provisions of subsection C of this section may be released upon
11911191 order of a district judge, ass ociate district judge or special judge
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12181218 under conditions prescribed by the judge, which may include an order
12191219 to require the defendant, as a condition of pretrial release, to use
12201220 or participate in any monitoring or testing including, but not
12211221 limited to, a Global Positioning System (GPS) monitoring device and
12221222 urinalysis testing. The c ourt may further order the defendant to
12231223 pay costs and expenses related to any supervision, monitoring or
12241224 testing.
12251225 E. C. Every pretrial services program operating pursuant to the
12261226 provisions of the Pretrial Release Act shall meet the following
12271227 minimum criteria:
12281228 1. The program shall establish a procedure for screening and
12291229 evaluating persons who are detained or have been arrested for the
12301230 alleged commission of a crime. The program s hall obtain criminal
12311231 history records on detained persons through the National Crime
12321232 Information Center (NCIC) and may obtain the following information:
12331233 a. contact information,
12341234 b. financial status, including:
12351235 (1) employment status and income,
12361236 (2) public benefits,
12371237 (3) alternate sources of income,
12381238 (4) number and relation of financial dependents,
12391239 (5) expenses, including for housing, utilities,
12401240 transportation, childcare, health care, fines and
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12671267 fees owed to courts and other government
12681268 entities, and court-ordered child support, and
12691269 (6) liquid assets, including bank accounts and cash
12701270 on hand,
12711271 c. community ties, including:
12721272 (1) current residence, length of time at current
12731273 residence, and other members of the household,
12741274 (2) past residences within the local or neighborin g
12751275 counties,
12761276 (3) friends or family living within the local or
12771277 neighboring counties,
12781278 (4) personal or professional obligations in or ties
12791279 to the local or neighboring counties, and
12801280 (5) available means of transportation to court for
12811281 required appearances, and
12821282 d. previous criminal history;
12831283 2. Pretrial services staff may interview the pers on in custody
12841284 to obtain some or all of the information in paragraph 1 of this
12851285 subsection, in which case, pretrial services shall advise the person
12861286 that:
12871287 a. the interview is volun tary, and
12881288 b. any information provided will be shared with the court
12891289 for purposes of deciding whether the person is likely
12901290 to threaten the safety of anyone if the person is
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13171317 released, whether the person is likely to return for
13181318 court appearances if released, and if the person can
13191319 afford any amount of monetary bond .
13201320 D. 1. The information obtained from the screening and
13211321 evaluation process must be submitted in a written report without
13221322 unnecessary delay to the judge who is assigned to hear make pretrial
13231323 release applications when the person is eligible for pretrial
13241324 release; decisions.
13251325 2. The program shall provide reliable information to the judge
13261326 relating to the person applying for pretrial release so a reasonable
13271327 decision can be made concerning the amount and type of bail
13281328 conditions appropriate for pretrial release. The information
13291329 provided shall be based upon facts relating to the person 's risk of
13301330 danger to the community and the risk of failure to appear for court;
13311331 and
13321332 3. The program shall make all reasonable attempts to provide
13331333 the court with information appropriate to each person considered for
13341334 pretrial release.
13351335 4. If the report is provided to the judge at or in advance of
13361336 the pretrial release hearing of the defendant or pretrial release
13371337 modification hearing , as provided in Sections 251 and 1105.2 of this
13381338 title respectively, a copy of the report shall be provided to the
13391339 state and to the attorney representing the defendant at the hearing,
13401340 or to any defendant appearing pro se.
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13671367 5. The judge setting or modifying release conditions may rely
13681368 on the information, provided the defendant has an opportunity to
13691369 review and contest the information provided.
13701370 6. A hearing under Section 25 1 of this title and Section 6 of
13711371 this act shall not be delayed to allow pretrial servic es additional
13721372 time to collect and provide information. Pretrial release and
13731373 modification hearings may proceed without complete information
13741374 collected or provided by pretrial services.
13751375 7. Pretrial services shall not make ex parte recommendations to
13761376 the court about appropriate release conditions .
13771377 F. E. 1. A pretrial program established pursuant to the
13781378 Pretrial Release Act may provide different methods and levels of
13791379 community-based supervision to meet any court -ordered conditions of
13801380 release. The program ma y use existing supervision methods for
13811381 persons who are released prior to trial . Pretrial programs which
13821382 employ peace officers certified by the Council on Law Enforcement
13831383 Education and Training (CLEET) are authorized to enforce court -
13841384 ordered conditions of release.
13851385 2. At a minimum, pretrial services shall be equipped, if
13861386 ordered by a court, to:
13871387 a. provide telephone or text notifications of court
13881388 dates,
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14151415 b. administer Global Positioning System (GPS) monitoring
14161416 and Secure Continuous Remote Alcohol Monitoring
14171417 (SCRAM),
14181418 c. administer drug and alcohol testing, and
14191419 d. monitor or facilitate p eriodic check-ins, house
14201420 arrest, and curfew restrictions.
14211421 3. Pretrial services may not impose or enforce any release
14221422 condition that has not been specifically ordered by a court.
14231423 G. F. Each pretrial services program established pursuant to
14241424 the Pretrial Release Act shall provide a quarterly report to the
14251425 Administrative Office of the Courts and the presiding judge of the
14261426 judicial district of the jurisdiction in which it operates. A copy
14271427 of the report shall be filed of record with the court clerk of the
14281428 jurisdiction. Each report shall include, but is not limited to, the
14291429 following information:
14301430 1. The total number of persons screened , evaluated or otherwise
14311431 considered for pretrial r elease pursuant to this section ;
14321432 2. The total number and nature of recommendations made;
14331433 3. The number of persons admitted to supervised by the pretrial
14341434 release services program that failed to appear; and
14351435 4. 3. Any other information deemed appropriate b y the reporting
14361436 judicial district or that the program desires to report.
14371437 H. Every pretrial release program established pursuant to this
14381438 section shall utilize the services of local providers; provided,
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14651465 however, any program in continuous existence since Jul y 1, 1999,
14661466 shall be exempt from the provisions of this subsection.
14671467 SECTION 8. AMENDATORY 22 O.S. 2021, Section 1355A, is
14681468 amended to read as follows:
14691469 Section 1355A. A. When an indigent requests representation by
14701470 the Oklahoma Indigent Defense System, except those presumed eligible
14711471 for appointment of the Sys tem as established in subsection E of this
14721472 section, such person shall submit an appropriate application to the
14731473 court clerk, which shall state that the application is signed under
14741474 oath and under the penalty of perjury and that a false statement may
14751475 be prosecuted as such. The application shall state whether or not
14761476 the indigent has been released on bond. In addition, if the
14771477 indigent has been released Release on bond, the application shall
14781478 include a written statement from the not disqualify an applicant
14791479 that the applicant has contacted three named attorneys, licensed to
14801480 practice law in this state, and the applicant has been unable to
14811481 obtain legal counsel from receiving representation by the System. A
14821482 nonrefundable application fee of Forty Dollars ($40.00) shall be
14831483 paid to the court clerk at the time the application is submitted,
14841484 and no application shall be accepted without payment of the fee;
14851485 except that the court may, based upon the financial information
14861486 submitted, defer all or part of the fee if the court de termines that
14871487 the person does not have the financial resources to pay the fee at
14881488 time of application, to attach as a court fee upon conviction. Any
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15151515 fees collected pursuant to th is subsection shall be retained by the
15161516 court clerk, deposited in the Court Clerk 's Revolving Fund, and
15171517 reported quarterly to the Administrative Office of the Courts.
15181518 B. 1. The Court of Criminal Appeals shall promulgate rules
15191519 governing the determination o f indigency pursuant to the provisions
15201520 of Section 55 of Title 20 of the Oklaho ma Statutes. The initial
15211521 determination of indigency shall be made by the Chief Judge of the
15221522 Judicial District or a designee thereof, based on the defendant 's
15231523 application and the rules provided herein.
15241524 2. Upon promulgation of the rules required by law, the
15251525 determination of indigency shall be subject to review by the
15261526 Presiding Judge of the Judicial Administrative District. Until such
15271527 rules become effective, the determination of i ndigency shall be
15281528 subject to review by the Court of Criminal Appeals.
15291529 C. Before the court appoints the System based on the
15301530 application, the court shall advise the indigent or, if applicable,
15311531 a parent or legal guardian, that the application is signed under
15321532 oath and under the penalty of perjury and that a false statement may
15331533 be prosecuted as such. A copy of the application shall be sent to
15341534 the prosecuting attorney or the Office of the Attorney General,
15351535 whichever is appropriate, for review. Upon request by any party
15361536 including, but not limited to, the attorney appointed to represent
15371537 the indigent, the court shall hold a hearing on the issue of
15381538 eligibility for appointment of the System.
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15651565 D. If the defendant is admitted to bail and the defendant or
15661566 another person on behalf of the defendant posts a bond, other than
15671567 by personal recognizance, the court may consider such fact in
15681568 determining the eligibility of is unable to post the bail, there
15691569 shall be a rebuttable presumption that the defendant is eligible for
15701570 appointment of the System; provided, however, such consideration
15711571 shall not be the sole factor in the determination of eligibility .
15721572 If the defendant qualifies for this presumption, the application and
15731573 application fee provided for in this section shall be waived.
15741574 Factors that rebut such presumption shall include an income above
15751575 the poverty threshold of the state.
15761576 E. In counties served by the System, attorneys employed by or
15771577 contracted with the System may be appointed by the court to
15781578 represent defendants who appe ar without counsel at an initial
15791579 appearance and pretrial release hearing for t he limited purpose of
15801580 providing counsel for determination of the conditions under which
15811581 the defendant will be held or released pretrial without the
15821582 application and application fe e required by this section.
15831583 E. F. The System shall be prohibited from accepting an
15841584 appointment unless a completed application for court -appointed
15851585 counsel as provided by Form 13.3 of Section XIII of the Rules of the
15861586 Court of Criminal Appeals, 22 O.S. 2001, Ch. 18, App., has been
15871587 filed of record in the case.
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16141614 SECTION 9. AMENDATORY 22 O.S. 2021, Section 2002, is
16151615 amended to read as follows:
16161616 Section 2002. A. Disclosure of Evidence by the State.
16171617 1. Upon request of the defense, the sta te shall disclose the
16181618 following:
16191619 a. the names and addresses of witnesses which the state
16201620 intends to call at trial, together with their
16211621 relevant, written or recorded statement, if any, or if
16221622 none, significant summaries of any oral statement,
16231623 b. law enforcement reports made in connection with the
16241624 particular case,
16251625 c. any written or recorded statements and the substance
16261626 of any oral statements made by the accused or made by
16271627 a codefendant,
16281628 d. any reports or statements made by experts in
16291629 connection with the partic ular case, including results
16301630 of physical or mental examinations and of scientific
16311631 tests, experiments, or comparisons,
16321632 e. any books, papers, documents, photographs, tangible
16331633 objects, buildings or places which the prosecuting
16341634 attorney intends to use in the h earing or trial or
16351635 which were obtained from or belong to the accused,
16361636 f. any record of prior criminal convictions of the
16371637 defendant, or of any codefendant, and
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16641664 g. Oklahoma State Bureau of Investigation (OSBI) rap
16651665 sheet/records check on any witness listed by the state
16661666 or the defense as a witness who will testify at trial,
16671667 as well as any convictions of any witness revealed
16681668 through additional record checks if the defense has
16691669 furnished Social Security numbers or date of birth for
16701670 their witnesses, except OSBI rap sheet/record checks
16711671 shall not provide date of birth, Social Security
16721672 number, home phone telephone number or address.
16731673 2. The state shall provide the defendant any evidence favorable
16741674 to the defendant if such evidence is material to either guilt or
16751675 punishment.
16761676 3. The prosecuting attorney 's obligations under this standard
16771677 extend to:
16781678 a. material and information in the possession or control
16791679 of members of the prosecutor 's staff,
16801680 b. any information in the possession of law enforcement
16811681 agencies that regularly rep ort to the prosecutor of
16821682 which the prosecutor should reasonably know, and
16831683 c. any information in the possession of law enforcement
16841684 agencies who have reported to the prosecutor with
16851685 reference to the particular case of which the
16861686 prosecutor should reasonably k now.
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17131713 4. a. If the state intends to introduce testimony of a
17141714 jailhouse informant, the state shall disclose at least
17151715 ten (10) days prior to trial:
17161716 (1) the complete criminal history of such informant,
17171717 including any dismissed charges,
17181718 (2) any deal, promise, in ducement or benefit that the
17191719 state or law enforcement agency has made or may
17201720 make in the future to the jailhouse informant in
17211721 connection with the testimony of such informant,
17221722 (3) the specific statements or recordings made by the
17231723 suspect or defendant and th e time, place and
17241724 manner of the disclosure to the jailhouse
17251725 informant,
17261726 (4) all other filed cases in which the state intended
17271727 to introduce the testimony of the jailhouse
17281728 informant in connection with a deal, promise,
17291729 inducement or benefit, the nature of the deal,
17301730 promise, inducement or benefit, and whether the
17311731 testimony was admitted i n the case,
17321732 (5) whether at any time the jailhouse informant
17331733 recanted the testimony or statement, and if so, a
17341734 transcript or copy of such recantation, if any,
17351735 and
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17621762 (6) any other information relevant to the credibility
17631763 of the informant.
17641764 b. Each district attorney 's office shall maintain a
17651765 central record that tracks each case in which the
17661766 state intended to introduce the testimony of the
17671767 jailhouse informant against a suspect or defendan t in
17681768 connection with a deal, promise, inducement or
17691769 benefit, the nature of the deal, promise, inducement
17701770 or benefit and whether such testimony or statements
17711771 were admitted in the case. Such record shall be sent
17721772 to the District Attorneys Council which shall maintain
17731773 a statewide record of such information. Records
17741774 maintained pursuant to this paragraph shall only be
17751775 accessible to prosecutors and shall not be subject to
17761776 the Oklahoma Open Records Act. By September 15 of
17771777 each year, the District Attorneys Counci l shall
17781778 publish an annual report of aggregate, de -identified
17791779 data regarding the total number of cases tracked
17801780 pursuant to this section, and the number of cases
17811781 added during the previous fiscal year pursuant to this
17821782 section by each district attorney 's office. A copy of
17831783 the report shall be distributed to the Governor, the
17841784 President Pro Tempore of the Senate, the Speaker of
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18111811 the House of Representatives and the chairs of the
18121812 Senate and House Judiciary Committees.
18131813 c. For purposes of this paragraph, "jailhouse informant"
18141814 means a person who provides, or who the prosecutor
18151815 intends to provide, testimony about admissions or
18161816 other relevant information made to him or her by the
18171817 suspect or defendant while both persons were detained
18181818 or incarcerated in a penal institution .
18191819 B. Disclosure of Evidence by the Defendant.
18201820 1. Upon request of the state, the defense shall be required to
18211821 disclose the following:
18221822 a. the names and addresses of witnesses which the defense
18231823 intends to call at trial, together with their
18241824 relevant, written or recorded statement, if any, or if
18251825 none, significant summaries of any oral statement,
18261826 b. the name and address of any witness, other than the
18271827 defendant, who will be called to show that the
18281828 defendant was not present at the time and place
18291829 specified in the information or indictment, together
18301830 with the witness' statement to that fact,
18311831 c. the names and addresses of any witness the defendant
18321832 will call, other than himself, for testimony relating
18331833 to any mental disease, mental defect, or other
18341834 condition bearing upo n his mental state at the time
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18611861 the offense was allegedly committed, together w ith the
18621862 witness' statement of that fact, if the statement is
18631863 redacted by the court to preclude disclosure of
18641864 privileged communication.
18651865 2. A statement filed under subparagraph a, b or c of paragraph
18661866 1 of subsection A or B of this section is not admissible in evidence
18671867 at trial. Information obtained as a result of a statement filed
18681868 under subsection A or B of this section is not admissible in
18691869 evidence at trial except to refute the t estimony of a witness whose
18701870 identity subsection A of this section requires to be disclosed.
18711871 3. Upon the prosecuting attorney 's request after the time set
18721872 by the court, the defendant shall allow him access at any reasonable
18731873 times and in any reasonable mann er to inspect, photograph, copy, or
18741874 have reasonable tests made upon any book, paper, document,
18751875 photograph, or tangible object which is within the defendant 's
18761876 possession or control and which:
18771877 a. the defendant intends to offer in evidence, except to
18781878 the extent that it contains any communication of the
18791879 defendant, or
18801880 b. is a report or statement as to a physical or mental
18811881 examination or scientific test or experiment made in
18821882 connection with the particular case prepared by and
18831883 relating to the anticipated testimony of a person whom
18841884 the defendant intends to call as a witness, provided
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19111911 the report or statement is redacted by the court to
19121912 preclude disclosure of privileged communication.
19131913 C. Continuing Duty to Disclose.
19141914 If, prior to or during trial, a party discovers add itional
19151915 evidence or material previously requested or ordered, which is
19161916 subject to discovery or inspection under the Oklahoma Criminal
19171917 Discovery Code, such party shall promptly notify the other party,
19181918 the attorney of the other party, or the court of the exi stence of
19191919 the additional evidence or material.
19201920 D. Time of Discovery.
19211921 Motions for discovery may be made at the time of the district
19221922 court arraignment or thereafter; provided that requests for police
19231923 reports may be made subject to the provisions of Section 258 of this
19241924 title. However, a request pursuant to Section 258 of this title
19251925 shall be subject to the discretion of the district attorney.
19261926 Discovery shall be provided to the defendant as soon as practicable
19271927 after the motion is filed. All issues relating t o discovery, except
19281928 as otherwise provided, will be completed before a plea of guilty or
19291929 nolo contendere or at least ten (10) days prior to trial. The court
19301930 may specify the time, place and manner of making the discovery and
19311931 may prescribe such terms and con ditions as are just. Before
19321932 acceptance of a plea of guilty or nolo contendere , or before trial,
19331933 each party shall acknowledge in writing or on the record in open
19341934 court the disclosure, receipt, and list of all documents, items, and
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19611961 information provided to t he defendant under this section. If, at
19621962 any time before, during, or after trial or plea of guilty or nolo
19631963 contendere, the state discovers any additional document, item, or
19641964 information required to be disclosed under subsection A of this
19651965 section, the state shall promptly disclose the existence of the
19661966 document, item, or information to the defendant or the court.
19671967 E. Regulation of Discovery.
19681968 1. Protective and Modifying Orders. Upon motion of the state
19691969 or defendant, the court may at any time order that specif ied
19701970 disclosures be restricted, or make any other protective order. If
19711971 the court enters an order restricting specified disclosures, the
19721972 entire text of the material restricted shall be sealed and preserved
19731973 in the records of the court to be made available to the appellate
19741974 court in the event of an appeal.
19751975 2. Failure to Comply with a R equest. If at any time during the
19761976 course of the proceedings it is brought to the attention of the
19771977 court that a party has failed to comply with this rule, the court
19781978 may order such party to permit the discovery or inspection, grant
19791979 continuance, or prohibit the party from introducing evidence not
19801980 disclosed, or it may enter such other order as it deems just under
19811981 the circumstances.
19821982 3. The discovery order shall not include discovery of legal
19831983 work product of either attorney which is deemed to include legal
19841984 research or those portions of records, correspondence, reports, or
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20112011 memoranda which are only the opinions, theories, or conclusions of
20122012 the attorney or the attorney 's legal staff.
20132013 F. Reasonable cost of copying, duplicating, videotaping,
20142014 developing or any other cost associated with this Code for items
20152015 requested shall be paid by the party so requesting; however, any
20162016 item which was obtained from the defendant by the state of which
20172017 copies are requested by the defendant shall be paid by the state.
20182018 Provided, if the court determines the defendant is indigent and
20192019 without funds to pay the cost of reproduction of the required items,
20202020 the cost shall be paid by the Indigent Defender System, unless
20212021 otherwise provided by law.
20222022 SECTION 10. This act shall become effective November 1, 2025.
20232023
20242024 60-1-10675 GRS 01/13/25