Oklahoma § 22-60.17 - Consideration of certain victims' safety prior to

§ 22-60.17. Consideration of certain victims' safety prior to

release of defendant on bond - Emergency protective and restraining

orders - GPS monitoring.

The court shall consider the safety of any and all alleged

victims of domestic violence, stalking, harassment, sexual assault,

or forcible sodomy where the defendant is alleged to have violated a

protective order, committed domestic assault and battery, stalked,

sexually assaulted, or forcibly sodomized the alleged victim or

victims prior to the release of the alleged defendant from custody

on bond. The court, after consideration and to ensure the safety of

the alleged victim or victims, may issue an emergency protective

order pursuant to the Protection from Domestic Abuse Act. The court

may also issue to the alleged victim or victims an order restraining

the alleged defendant from any activity or action from which they

may be restrained under the Protection from Domestic Abuse Act. The

court shall not consider a "no contact order as condition of bond"

as a factor when determining whether the petitioner is eligible for

relief. The protective order shall remain in effect until either a

plea has been accepted, sentencing has occurred in the case, the

case has been dismissed, or until further order of the court

dismissing the protective order. In conjunction with any protective

order or restraining order authorized by this section, the court may

order the defendant to use an active, real-time, twenty-four-hour

Global Positioning System (GPS) monitoring device for such term as

the court deems appropriate. Upon application of the victim, the

court may authorize the victim to monitor the location of the

defendant. Such monitoring by the victim shall be limited to the

ability of the victim to make computer or cellular inquiries to

determine if the defendant is within a specified distance of

Oklahoma Statutes - Title 22. Criminal Procedure

locations, excluding the residence or workplace of the defendant, or

to receive a computer- or a cellular-generated signal if the

defendant comes within a specified distance of the victim. The

court shall conduct an annual review of the monitoring order to

determine if such order to monitor the location of the defendant is

still necessary. Before the court orders the use of a GPS device,

the court shall find that the defendant has a history that

demonstrates an intent to commit violence against the victim,

including, but not limited to, prior conviction for an offense under

the Protection from Domestic Abuse Act or any other violent offense,

or any other evidence that shows by a preponderance of the evidence

that the defendant is likely to commit violence against the victim.

The court may further order the defendant to pay costs and expenses

related to the GPS device and monitoring.

Added by Laws 2004, c. 516, § 4, eff. July 1, 2005. Amended by Laws

2008, c. 114, § 2, eff. Nov. 1, 2008; Laws 2010, c. 346, § 1, eff.

Nov. 1, 2010; Laws 2019, c. 113, § 6, eff. Nov. 1, 2019.