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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 967 By: Gollihare
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 251, which relates to duty to
inform defendant of the charge and rights; requiring
certain pretrial release hearing; amending 22 O.S.
2021, Section 1105.2, which relates to pretrial bail
requirements; modifying certain bail procedures;
prohibiting certain actions without certain hearing;
updating statutory language; pr oviding for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 251, is
amended to read as follows:
Section 251. A. When the defendant is brought before a
magistrate judge of the district court upon an arrest, either with
or without a warrant for an initial appearance , on a charge of
having committed a public offense, the magistrate court must
immediately inform him the defendant of the charge against him , or
her and conduct a pretrial release hearing to determine the
conditions under which the defendant will be held or released
pretrial of his right to the aid of counsel in every stage of the
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proceedings, and also of his righ t to waive an examination before
any further proceedings are had . The rules of evidence shall not
apply at the pretrial release hearing.
B. The following procedural protections shall be provided at
the pretrial release hearing:
1. Right to counsel:
a. the defendant shall be advised that he or she has the
right to be represented b y an attorney of his or her
choosing or an appointed attorney at no expense. The
court shall appoint counsel unless the defendant has
counsel, or the court finds that the defend ant has
been advised of and knowingly waived appointment of
counsel and chooses to proceed pro se, and
b. the defendant shall be advised that he or she has the
right to consult with his or her attorney privately
before, or at any time during, the pretrial release
hearing,
2. Ability to contest and present evidence:
a. the defendant shall be advised of and shall have the
opportunity to examine and challenge any evidence
presented to or considered by the court in connection
with the release determination and to cross-examine
any witnesses, and
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b. the defendant shall be allowed to present evidence and
witness testimony and to make argument, and
3. Each of the findings required in this section shall be:
a. made by clear and convincing evidence, and
b. contained in a record which also identifies the
evidence on which the court relied to make each of its
findings.
C. At the pretrial release hearing, the court shall:
1. Inform the defendant orally and in writing of the next court
date;
2. Order the defendant, i f released, to appear at all court
hearings as directed and not to commit a criminal offense while
released;
3. Advise the defendant that if he or she fails to appear as
directed or commits a criminal offense while released, a warrant may
be issued for his or her arrest for violating the release conditions
and the defendant could b e subjected to greater restrictions or
ordered to stay in jail pending trial; and
4. Advise the defendant that he or she can provide up to two
telephone numbers at which he or she can be called or texted with a
reminder on the business day before the next court date. The court
shall give the defendant at the pretrial release hearing, orally and
in writing, instructions for supplementing or changing any numbers
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provided at the pretrial release hearing. If the defendant provides
one or more numbers:
a. the court shall provide the defendant with a telephone
conversation, voice mail, or text message reminder of
each court date at which he or she is required to
appear, at each of the numbers provided, on the
business day before the scheduled court date, and
b. the reminder shall include the time and date of the
appearance, the nature of the appearance, and a
warning that if the defendant does not appear, a
warrant may be issued for hi s or her arrest. The
reminder shall include instructions for contacting the
court by phone with any questions.
D. 1. At the pretrial release hearing, the court shall make a
finding of whether the defendant, if released, is unlikely to appear
in court as directed or will create a safety threat to one or more
identifiable members of the community.
2. The state may present evidence, including evidence received
from pretrial services if available at the time of the pretrial
release hearing, that the defenda nt, if released, is unlikely to
appear in court as directed or will create a s afety threat to one or
more identifiable members of the community.
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3. If the state presents evidence, the defendant shall have the
opportunity to review and challenge such evidence and to produce
contrary evidence and legal argument.
4. In making its finding, the court shall consider the
following factors:
a. the seriousness of the crime charged against the
defendant, the apparent likelihood of conviction , and
the extent of the punishment prescribed by the
Legislature,
b. the defendant’s criminal record, if any, and previous
record on bail, if any,
c. the defendant’s reputation and mental condition,
d. the length of the defendant ’s residence in the
community,
e. the defendant’s family ties and relationships,
f. the defendant’s employment status, record of
employment, and his or her financial condition,
g. the identity of responsible members of the community
who would vouch for the defendant’s reliability, and
h. any other factors indicating the defendant’s mode of
life, ties to the community , or bearing on the risk of
failure to appear.
5. If the court finds the defendant, if released, is unlikely
to appear in court as directed or will create a safety threat to one
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or more identifiable members of the community, the court shall
determine the release conditions that are sufficient to reasonably
assure the return of the defendant to court as directed and to
assure the safety of one or more identifiable members of the
community.
6. The court may impose conditions of release in addition to
ordering the defendant to appear in court as directed and not to
commit a criminal offense while released, provided:
a. the court shall impose a condition or a set of
conditions that are the least res trictive necessary to
reasonably assure the return of the defendant to court
as directed or the safety of one or more identifiable
members of the community, and
b. the court shall impose a partially or fully secured
bond, cash bond, or property bond only a fter a finding
that no set of non-monetary conditions, including
unsecured bond, can reasonably assure the return of
the defendant to court as directed or the safety of
one or more identifiable members of the community .
7. The court may order the defendan t detained only after a
finding that no condition or combination of conditions of release
can reasonably assure the return of the defendant to court as
directed or the safety of one or more identifiable members of the
community.
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8. For the purposes of thi s subsection, any secured or
partially secured bond condition shall be deemed an order of
detention unless the court finds the defendant has the present
ability to pay the secured portion of the bond.
E. 1. If the defendant had a monetary bond set by a s chedule
following arrest, and the defendant remains in custody at the time
of the pretrial release hearing, there is a rebuttable presumption
that the defendant is unable to afford the preset bond amount.
2. The defendant shall be presumed presently unabl e to pay any
bond or fee if the defendant receives means -tested government
assistance, has an income at or below two hundred percent (200%) of
the federal poverty level , is eligible for appointed counsel , is or
within the last two (2) years has been homele ss, is incarcerated or
residing in a mental health or other treatment facility , or for the
last three (3) months has had monthly expenses that are equal to or
in excess of the defendant ’s monthly income and assets.
SECTION 2. 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 c ourt
as provided in this act; provided there are no provisions of law to
the contrary.
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B. When the defendant appears before the court for a pretrial
release hearing or when formal charges or an indictment has been
filed, bail conditions of release shall be set according to law and
the pretrial bond, if any, may be reaffirmed unless additional
security is required determined as provided in Section 251 of this
title. Every judicial district may, upon the order of the presiding
judge for the district, establ ish a pretrial pre-appearance bail
schedule for use by the sheriff or other operator of a jail or
detention facility to set bail prior to the pretrial release hearing
before the court for felony or misdemeanor offenses , except for
traffic. Traffic offenses included in subsections B, C and D of
Section 1115.3 of Title 22 of the Okla homa Statutes and those
offenses specifically excluded herein shall not be included . The
bail schedule established pursuant to the authority of this act
shall exclude any offens e for which bail is not allowed by law. The
bail schedule authorized by this act 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. The bail schedule authorized by this section
shall be made public and shall be displayed in the public area of
the jail or detention facility.
C. When a person is assigned bail under a bail schedule, the
amount shall be determined by reference to the charge of arrest
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associated with the highest bail amount. Scheduled bail amounts
shall not be aggregated.
D. 1. Any bail amount imposed pursuant to a bail schedule or
by any order of the court can be satisfied by posting a cash bond or
secured bond in the full amount, or by posting a partially secured
bond by depositing cash equal to ten percent (10%) of the bond
amount and executing a promise to pay the remaining amount upon a
court ordering the bond forfeited.
2. An individualized court order may require that a money bond
be fully secured but only if the order complied with all the
requirements of Section 251 of this title for imposing bail
conditions.
E. Bail amounts prescribed by a bail schedule shall not be
considered presumptively reasonable when a judge subsequently
determines the person ’s release conditions.
C. F. The pretrial pre-appearance bail shall be set in a
numerical dollar amount. If the person fails to appear in court as
required the judge shall may, if in accordance with the prov isions
of Section 3 of this act:
1. Rescind the bond and proceed to enter a judgment against the
defendant for the dollar 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 St atutes in collecting the
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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 furni shed at the time of release as set forth in
Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
D. G. 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 services program when ordering
pretrial release, except when private bail has been furnished.
E. H. Upon an order for pretrial release or release on bond,
the person shall be released from custody without undue delay.
F. I. The court may require the person to be placed on an
electronic monitoring device as a condition of pretrial release ,
provided that the provisions of Section 251 of this title for
requiring such a condition have been satisfied .
G. J. In instances where an electronic monitoring dev ice 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 ,
provided that a finding of ability to pay has been made i n
accordance with Section 251 of this title. The court clerk shall
collect the supervision fees.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1105.2a of Title 22, unless
there is created a duplication in numbering, reads as follows:
A. A bond may not be modified , revoked, or forfeited without a
hearing that complies with the procedural requirements for a
pretrial release hearing as provided in Section 251 of Title 22 of
the Oklahoma Statutes.
B. A bail modification hearing shall be scheduled:
1. At any time, upon a showing by any party that there has been
a change in material circumstances; or
2. Sua sponte by the court, within forty-eight (48) hours of
imposition of a monetary bond c ondition if the person remains in
jail, unless at the time the bond was impose d the court found the
person unable to pay as provided in Section 251 of Title 22 of the
Oklahoma Statutes. The administrator of the jail in which the
person is detained shall p rovide the court with the information
necessary to schedule hearings as provided in this subsection.
C. At a modification hearing:
1. The court may not revoke or forfeit bond, impose additional
or more restrictive conditions of release, or order the pers on
detained:
a. unless the substantive and procedural requirements for
imposing conditions at pretrial release hearings as
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provided in Section 251 of Title 22 of the Oklahoma
Statutes are satisfied, or
b. on grounds that the person violated a condition of
release if:
(1) the violated rule or condition was imposed by any
entity other than the court, including court
services or pretrial services, or
(2) the violated condition was a requirement to pay a
monetary amount, absent a finding of willfulness ;
and
2. No person shall be jailed for failure to pay an unsecured
portion of bond following forfeiture absent a finding of ability to
pay that follows the procedural and substantive requirements for
determining ability to pay at a pretrial release hearing.
D. Whenever a bond modification hearing is scheduled, and the
person is not in custody, the court shall provide notice to the
person, as follows:
1. Notice shall be provided in person or by mail at least seven
(7) calendar days before the hearing, and by phone on the business
day before the scheduled hearing at every phone number, if an y,
provided by the person as provided in Section 251 of Title 22 of the
Oklahoma Statutes; and
2. The notice shall include the time and date of the hearing,
the nature of the he aring, and an advisement that if the person does
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not appear, a warrant may be issued for his or her arrest. The
reminder shall include instructions for contacting the court with
any questions.
SECTION 4. This act shall become effective No vember 1, 2025.
60-1-711 TEK 1/16/2025 1:20:29 PM