Oklahoma § 22-1105 - Defendant discharged on giving bail - Exceptions

§ 22-1105. Defendant discharged on giving bail - Exceptions

A. Except as otherwise provided by this section, upon the

allowance of bail and the execution of the requisite recognizance,

bond, or undertaking to the state, the magistrate, judge, or court

shall, if the defendant is in custody, make and sign an order for

Oklahoma Statutes - Title 22. Criminal Procedure

discharge. The court, in its discretion, may prescribe by court

rule the conditions under which the court clerk or deputy court

clerk, or the sheriff or deputy sheriff, may prepare and execute an

order of release on behalf of the court.

B. No police officer or sheriff may release a person arrested

for a violation of an ex parte or final protective order as provided

in Sections 60.2 and 60.3 of this title, or arrested for an act

constituting domestic abuse as specified in Section 644 of Title 21

of the Oklahoma Statutes, or arrested for any act constituting

domestic abuse, stalking or harassment as defined by Section 60.1 of

this title, or arrested for an act constituting domestic assault and

battery or domestic assault and battery with a deadly weapon

pursuant to Section 644 of Title 21 of the Oklahoma Statutes,

without the violator appearing before a magistrate, judge or court.

To the extent that any of the following information is available to

the court, the magistrate, judge or court shall consider, in

addition to any other circumstances, before determining bond and

other conditions of release as necessary for the protection of the

alleged victim, the following:

1. Whether the person has a history of domestic violence or a

history of other violent acts;

2. The mental health of the person;

3. Whether the person has a history of violating the orders of

any court or governmental entity;

4. Whether the person is potentially a threat to any other

person;

5. Whether the person has a history of abusing alcohol or any

controlled substance;

6. Whether the person has access to deadly weapons or a history

of using deadly weapons;

7. The severity of the alleged violence that is the basis of

the alleged offense including, but not limited to:

a.

the duration of the alleged violent incident,

b.

whether the alleged violent incident involved serious

physical injury,

c.

whether the alleged violent incident involved sexual

assault,

d.

whether the alleged violent incident involved

strangulation,

e.

whether the alleged violent incident involved abuse

during the pregnancy of the alleged victim,

f.

whether the alleged violent incident involved the

abuse of pets, or

g.

whether the alleged violent incident involved forcible

entry to gain access to the alleged victim;

Oklahoma Statutes - Title 22. Criminal Procedure

8. Whether a separation of the person from the alleged victim

or a termination of the relationship between the person and the

alleged victim has recently occurred or is pending;

9. Whether the person has exhibited obsessive or controlling

behaviors toward the alleged victim including, but not limited to,

stalking, surveillance, or isolation of the alleged victim;

10. Whether the person has expressed suicidal or homicidal

ideations; and

11. Any information contained in the complaint and any police

reports, affidavits, or other documents accompanying the complaint.

C. A person arrested for:

1. A violation of an ex parte or final protective order as

provided in Sections 60.2 and 60.3 of this title;

2. An act constituting domestic abuse, domestic assault and

battery or domestic assault and battery with a deadly weapon as

specified in Section 644 of Title 21 of the Oklahoma Statutes; or

3. An act constituting domestic abuse, stalking or harassment

as defined by Section 60.1 of this title,

shall not be eligible for a personal recognizance bond pursuant to

Section 1108.1 of this title.

D. No police officer or sheriff may release a person arrested

for any violation of subsection G of Section 2-401 of Title 63 of

the Oklahoma Statutes, without the violator appearing before a

magistrate, judge, or court. In determining bond and other

conditions of release, the magistrate, judge, or court shall

consider any evidence that the person is in any manner dependent

upon a controlled dangerous substance or has a pattern of regular,

illegal use of any controlled dangerous substance. A rebuttable

presumption that no conditions of release on bond would assure the

safety of the community or any person therein shall arise if the

state shows by clear and convincing evidence:

1. The person was arrested for a violation of subsection G of

Section 2-401 of Title 63 of the Oklahoma Statutes, relating to

manufacturing or attempting to manufacture a controlled dangerous

substance, or possessing any of the substances listed in subsection

G of Section 2-401 of Title 63 of the Oklahoma Statutes with the

intent to manufacture a controlled dangerous substance; and

2. The person is in any manner dependent upon a controlled

dangerous substance or has a pattern of regular illegal use of a

controlled dangerous substance, and the violation referred to in

paragraph 1 of this subsection was committed or attempted in order

to maintain or facilitate the dependence or pattern of illegal use

in any manner.

E. No police officer or sheriff may release a person arrested

for a second or subsequent violation of Section 11-902 of Title 47

of the Oklahoma Statutes, without the granting of bail by a

magistrate, court, judge, or on-call judge, whether by telephone or

Oklahoma Statutes - Title 22. Criminal Procedure

in person. In determining bond and other conditions of release, the

magistrate, judge, on-call judge or court shall consider any

evidence that the person is in any manner dependent upon alcohol or

a controlled dangerous substance or has a pattern of regular abuse

of alcohol or the illegal use of any controlled dangerous substance.

If the person was arrested for any crime provided for in Section 11902 of Title 47 of the Oklahoma Statutes, the court shall consider

the threat the person poses to the public safety and shall present

written findings on the bail amount.

R.L.1910, § 6107. Amended by Laws 1995, c. 297, § 4, eff. Nov. 1,

1995; Laws 1997, c. 2, § 25, emerg. eff. Feb. 26, 1997; Laws 1997,

c. 368, § 4, eff. Nov. 1, 1997; Laws 2004, c. 59, § 2, emerg. eff.

April 6, 2004; Laws 2005, c. 128, § 1, eff. Nov. 1, 2005; Laws 2010,

c. 116, § 6, eff. Nov. 1, 2010; Laws 2011, c. 385, § 5, eff. Nov. 1,

2011; Laws 2021, c. 215, § 1, eff. Nov. 1, 2021; Laws 2025, c. 172,

§ 1, eff. Nov. 1, 2025.

NOTE: Laws 1995, c. 286, § 8 repealed by Laws 1997, c. 2, § 26,

emerg. eff. Feb. 26, 1997.