Oklahoma § 22-1105.2 - Pretrial Release Act - Setting of bail – Schedule –

§ 22-1105.2. Pretrial Release Act - Setting of bail – Schedule –

Electronic monitoring.

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 law to the contrary.

B. When formal charges or an indictment has been filed, bail

shall be set according to law and the pretrial bond, if any, may be

reaffirmed unless additional security is required. Every judicial

district may, upon the order of the presiding 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 Oklahoma

Statutes and those offenses specifically excluded herein. The bail

schedule established pursuant to the authority of this act shall

exclude any offense 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.

C. The pretrial bail shall be set in a numerical dollar amount.

If the person fails to appear in court as required the judge shall:

Oklahoma Statutes - Title 22. Criminal Procedure

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 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 in

Section 1301 et seq. of Title 59 of the Oklahoma Statutes.

D. When a pretrial program exists in the judicial district

where the person is being held, the judge may utilize the services

of the pretrial release program when ordering pretrial release,

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 court may require the person to be placed on an

electronic monitoring device as a condition of pretrial release.

G. In instances where an electronic 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. The court clerk

shall collect the supervision fees.

Added by Laws 2002, c. 125, § 2, eff. July 1, 2002. Amended by Laws

2002, c. 390, § 13, emerg. eff. June 4, 2002; Laws 2005, c. 74, § 2,

eff. Nov. 1, 2005; Laws 2016, c. 59, § 1, eff. Nov. 1, 2016.