Oklahoma § 22-1101 - Offenses bailable - Who may take bail

§ 22-1101. Offenses bailable - Who may take bail

A. Except as otherwise provided by law, bail, by sufficient

sureties, shall be admitted upon all arrests in criminal cases where

the offense is not punishable by death and in such cases it may be

taken by any of the persons or courts authorized by law to arrest,

to imprison offenders or to perform pretrial services, or by the

clerk of the district court or his or her deputy, or by the judge of

such courts.

B. In criminal cases where the defendant is currently an

escaped prisoner from the Department of Corrections, the defendant

must be processed back into the Department of Corrections prior to

bail being set on new criminal charges.

C. All persons shall be bailable by sufficient sureties, except

that bail may be denied for:

1. Capital offenses when the proof of guilt is evident, or the

presumption thereof is great;

2. Violent offenses;

3. Offenses where the maximum sentence may be life imprisonment

or life imprisonment without parole;

4. Felony offenses where the person charged with the offense

has been convicted of two or more felony offenses arising out of

different transactions;

5. Controlled dangerous substances offenses where the maximum

sentence may be at least ten (10) years’ imprisonment; and

6. Driving under the influence of alcohol or other intoxicating

substance if such person has previously been convicted with two

felonies for driving under the influence of alcohol or other

intoxicating substance.

On all offenses specified in paragraphs 2 through 6 of this

subsection, the proof of guilt must be evident, or the presumption

must be great, and it must be on the grounds that no condition of

release would assure the safety of the community or any person.

D. There shall be a rebuttable presumption that no condition of

release would assure the safety of the community if the state shows

by clear and convincing evidence that the person was arrested for a

violation of Section 741 of Title 21 of the Oklahoma Statutes.

E. If the person was arrested for any crime provided for in the

Protection from Domestic Abuse Act or a violent crime provided for

in Section 571 of Title 57 of the Oklahoma Statutes, the court shall

be responsible for assessing prior patterns of abuse and shall

present written findings on the bail amount.

F. There shall be a rebuttable presumption that no conditions

of release on bond would assure the safety of the community or any

person therein if the state shows by clear and convincing evidence

that:

Oklahoma Statutes - Title 22. Criminal Procedure

1. The person was arrested for a violent offense and released

on bond; and

2. While out on bond, the person was subsequently arrested and

charged for a violent crime as set forth for in Section 571 of Title

57 of the Oklahoma Statutes.

R.L. 1910, § 6103. Amended by Laws 2003, c. 82, § 1, emerg. eff.

April 15, 2003; Laws 2004, c. 58, § 1, eff. Nov. 1, 2004; Laws 2006,

c. 130, § 2, emerg. eff. May 9, 2006; Laws 2022, c. 117, § 1, eff.

Nov. 1, 2022; Laws 2024, c. 54, § 1, eff. Nov. 1, 2024; Laws 2025,

c. 169, § 1, eff. Nov. 1, 2025.