Oklahoma § 59-1328 - Procedure for surrender of defendant - Recommitment

§ 59-1328. Procedure for surrender of defendant - Recommitment

procedure.

A. The bondsman or insurer, or a licensed bail enforcer

pursuant to a client contract authorized by the Bail Enforcement and

Licensing Act, desiring to make a surrender of the defendant shall

procure or have in his or her possession a certified copy of the

undertakings and deliver such documents together with the defendant

to the official in whose custody the defendant was at the time bail

was taken, or to the official into whose custody he or she would

Oklahoma Statutes - Title 59. Professions and Occupations

have been given had he or she been committed, who shall detain the

defendant in custody thereon, as upon a commitment, and by a

certificate in writing acknowledge the surrender.

Upon the presentation of a certified copy of the undertaking and

the certificate of the official, the court before which the

defendant has been held to answer, or the court in which the

preliminary examination, indictment, information or appeal is

pending, shall upon notice of three (3) days given by the person

making the surrender to the prosecuting officer of the court having

jurisdiction of the offense, together with a copy of the

undertakings and certificate, order that the obligors be exonerated

from liability on their undertakings, and, if money has been

deposited as bail, that such money or bonds be refunded. If

property pledged, a certificate of exoneration be issued and the

lien previously filed be released and the undertakings of whatever

nature be canceled.

If certified copies of bonds are not reasonably available, the

bondsman or insurer may recommit the defendant to be held in custody

on the charges for which the bondsman or insurer has previously

posted appearance bonds thereon in accordance with the following

procedure:

1. On a Recommitment of Defendant by Bondsman form approved by

the Administrative Office of the Courts, the bondsman or insurer

shall personally affix his or her signature to an affidavit

attesting to the following:

a.

the bondsman or insurer has posted a bond or bonds for

the defendant and is hereby presented to the official

in whose custody the defendant was at the time bail

was taken,

b.

the case number, if any, assigned to each bond, and

c.

the specific charges and bond amount or amounts;

2. The bondsman or insurer shall present the Recommitment of

Defendant by Bondsman form to the official in whose custody the

defendant is being surrendered, and the official shall detain the

defendant in his or her custody thereon, as upon a commitment, and

by a certificate in writing acknowledging the surrender; and

3. When a bondsman or insurer recommits a defendant pursuant to

this subsection, the bondsman or insurer shall file a written

notification thereof to the court clerk, and after such

notification, the bond or bonds shall be exonerated and the clerk

shall enter a minute in the case exonerating the bond or bonds.

B. Any bail bondsman engaged in the apprehension or surrender

of his or her defendant client, and any bail bondsman assisting

another bondsman pursuant to Section 1311.4 of this title, shall at

all times while engaged in the apprehension or surrender of the

defendant client have his or her bail bondsman license in his or her

Oklahoma Statutes - Title 59. Professions and Occupations

possession and shall present the license to any law enforcement

officer immediately upon request.

Added by Laws 1965, c. 184, § 28, eff. Jan. 1, 1966. Amended by

Laws 2005, c. 71, § 2, eff. Nov. 1, 2005; Laws 2013, c. 407, § 24,

eff. Nov. 1, 2013; Laws 2016, c. 203, § 11, eff. Nov. 1, 2016; Laws

2021, c. 368, § 5, eff. Nov. 1, 2021.