1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1702 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to criminal procedure; amending 22
7 O.S. 2021, Sections 1105.2 and 1105.3, which relate
8 to the Pretrial Release Act; authorizing use of
8 certain treatment programs for pretrial release;
9 authorizing order for electronic monitoring under
9 certain circumstances; stating function of certain
10 programs; authorizing release of certain person to
10 certain program; requiring certain notice;
11 authorizing dismissal of certain charges; and
11 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105.2, is
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16 amended to read as follows:
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17 Section 1105.2. A. Following an arrest for a misdemeanor or
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18 felony offense and before formal charges have been filed or an
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19 indictment made, the arrested person may have bail set by the court
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20 as provided in this act; provided there are no provisions of law to
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21 the contrary.
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22 B. When formal charges or an indictment has been filed, bail
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23 shall be set according to law and the pretrial bond, if any, may be
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24 reaffirmed unless additional security is required. Every judicial
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 1 district may, upon the order of the presiding judge for the
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2 district, establish a pretrial bail schedule for felony or
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3 misdemeanor offenses, except for traffic offenses included in
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4 subsections B, C and D of Section 1115.3 of Title 22 of the Oklahoma
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5 Statutes and those offenses specifically excluded herein. The bail
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6 schedule established pursuant to the authority of this act shall
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7 exclude any offense for which bail is not allowed by law. The bail
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8 schedule authorized by this act shall be set in accordance with
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9 guidelines relating to bail and shall be published and reviewed by
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10 March 1 of each year by the courts and district attorney of the
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11 judicial district.
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12 C. The pretrial bail shall be set in a numerical dollar amount.
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13 If the person fails to appear in court as required the judge shall:
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14 1. Rescind the bond and proceed to enter a judgment against the
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15 defendant for the dollar amount of the pretrial bail if no private
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16 bail was given at the time of release; provided, however, the court
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17 clerk shall follow the procedures as set forth in Section 1301 et
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18 seq. of Title 59 of the Oklahoma Statutes in collecting the
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19 forfeiture amount against the person who fails to appear in court;
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20 or
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21 2. Rescind and forfeit the private bail if cash, property or
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22 surety bail was furnished at the time of release as set forth in
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23 Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
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 1 D. When a pretrial program exists in the judicial district
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2 where the person is being held, the The judge may utilize the
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3 services of the pretrial release program or an assisted outpatient
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4 treatment program as defined in Section 1-103 of Title 43A of the
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5 Oklahoma Statutes when ordering pretrial release, if such programs
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6 exist in the judicial district where the person is being held,
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7 except when private bail has been furnished.
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8 E. Upon an order for pretrial release or release on bond, the
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9 person shall be released from custody without undue delay.
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10 F. The If a pretrial release program or an assisted outpatient
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11 treatment program is unavailable in the judicial district where the
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12 person is being held but the person would be better served by being
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13 released into the community pending trial, the court may shall
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14 require the person to be placed on an electronic monitoring device
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15 as a condition of pretrial release that constitutes the least
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16 restrictive means of release. In a judicial district where such
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17 programs are available, the court may require the person to be
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18 placed on an electronic monitoring device as a condition of release
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19 or upon the recommendation of such program.
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20 G. In instances where an electronic monitoring device has been
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21 ordered, the court may impose payment of a supervision fee. Payment
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22 of the fee, in whole or according to a court-ordered installment
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23 schedule, shall be a condition of pretrial release. The court clerk
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24 shall collect the supervision fees.
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 1 SECTION 2. AMENDATORY 22 O.S. 2021, Section 1105.3, is
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2 amended to read as follows:
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3 Section 1105.3. A. Any county pursuant to the provisions of
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4 the Pretrial Release Act may establish and fund a pretrial program
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5 to be utilized by the district court in that jurisdiction.
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6 B. When a pretrial release program is established pursuant to
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7 the Pretrial Release Act and private bail has not been furnished,
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8 the judge may order a person to be evaluated through the pretrial
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9 program. Such program shall serve as an alternative to bail for
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10 persons not released on their own recognizance but who do not serve
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11 a public safety risk. After conducting an evaluation of the person
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12 applying for pretrial release, the pretrial program shall make a
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13 recommendation to the court. The recommendation shall indicate any
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14 special supervisory conditions for pretrial release including but
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15 not limited to electronic monitoring. The judge shall consider the
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16 recommendations and may grant or deny pretrial release. The
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17 presiding judge of the judicial district may issue a standing order
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18 outlining criteria for cases that may automatically be evaluated for
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19 pretrial release by a pretrial program operating in the
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20 jurisdiction. The standing order may include amounts for bail and
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21 types of bonds deemed appropriate for certain offenses.
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22 C. Except as otherwise authorized by the provisions of this
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23 subsection, persons accused of or detained for any of the following
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 1 offenses or conditions shall not be eligible for pretrial release by
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2 any pretrial program:
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3 1. Aggravated driving under the influence of an intoxicating
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4 substance;
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5 2. Any felony driving under the influence of an intoxicating
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6 substance;
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7 3. Any offense prohibited by the Trafficking In Illegal Drugs
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8 Act;
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9 4. Any person having a violent felony conviction within the
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10 past ten (10) years;
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11 5. Appeal bond;
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12 6. Arson in the first degree, including attempts to commit
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13 arson in the first degree;
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14 7. Assault and battery on a police officer;
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15 8. Bail jumping;
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16 9. Bribery of a public official;
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17 10. Burglary in the first or second degree;
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18 11. Civil contempt proceedings;
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19 12. Distribution of a controlled dangerous substance, including
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20 the sale or possession of a controlled dangerous substance with
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21 intent to distribute or conspiracy to distribute;
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22 13. Domestic abuse, domestic assault or domestic assault and
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23 battery with a dangerous weapon, or domestic assault and battery
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24 with a deadly weapon;
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 1 14. Driving under the influence of intoxicating substance where
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2 property damage or personal injury occurs;
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3 15. Felony discharging a firearm from a vehicle;
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4 16. Felony sex offenses;
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5 17. Fugitive bond or a governor’s fugitive warrant;
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6 18. Immigration charges;
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7 19. Kidnapping;
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8 20. Juvenile or youthful offender detention;
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9 21. Manslaughter;
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10 22. Manufacture of a controlled dangerous substance;
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11 23. Murder in the first degree, including attempts or
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12 conspiracy to commit murder in the first degree;
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13 24. Murder in the second degree, including attempts or
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14 conspiracy to commit murder in the second degree;
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15 25. Negligent homicide;
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16 26. Out-of-county holds;
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17 27. Persons currently on pretrial release who are arrested on a
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18 new felony offense;
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19 28. Possession, manufacture, use, sale or delivery of an
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20 explosive device;
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21 29. Possession of a controlled dangerous substance on Schedule
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22 I or II of the Controlled Dangerous Substances Act;
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23 30. Possession of a firearm or other offensive weapon during
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24 the commission of a felony;
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 1 31. Possession of a stolen vehicle;
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2 32. Rape in the first degree, including attempts to commit rape
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3 in the first degree;
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4 33. Rape in the second degree, including attempts to commit
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5 rape in the second degree;
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6 34. Robbery by force or fear;
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7 35. Robbery with a firearm or dangerous weapon, including
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8 attempts to commit robbery with a firearm or dangerous weapon;
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9 36. Sexual assault or violent offenses against children;
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10 37. Shooting with intent to kill;
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11 38. Stalking or violation of a Victim Protection Order;
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12 39. Two or more prior felony convictions; or
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13 40. Unauthorized use of a motor vehicle.
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14 D. 1. Other than a person accused of or detained for an
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15 offense provided for in paragraph 13 or paragraph 38 of subsection C
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16 of this section, a person not eligible for pretrial release pursuant
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17 to the provisions of subsection C of this section may be released
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18 upon order of a district judge, associate district judge or special
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19 judge under conditions prescribed by the judge, which may include
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20 release to an assisted outpatient treatment program as defined in
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21 Section 1-103 of Title 43A of the Oklahoma Statutes, and an order to
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22 require the defendant, as a condition of pretrial release, to use or
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23 participate in any monitoring or testing including, but not limited
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24 to, a Global Positioning System (GPS) monitoring device and
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 1 urinalysis testing. The court may further order the defendant to
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2 pay costs and expenses related to any supervision, monitoring or
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3 testing.
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4 2. A court may release a person requiring treatment as defined
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5 in Section 1-103 of Title 43A of the Oklahoma Statutes to an
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6 assisted outpatient treatment program for a period of time as
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7 recommended by the treatment provider. Once treatment is complete,
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8 the provider shall notify the court and the district attorney of the
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9 person’s release from treatment. If the person successfully
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10 completes the treatment program, the district attorney may dismiss
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11 the case.
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12 E. Every pretrial services program operating pursuant to the
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13 provisions of the Pretrial Release Act shall meet the following
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14 minimum criteria:
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15 1. The program shall establish a procedure for screening and
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16 evaluating persons who are detained or have been arrested for the
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17 alleged commission of a crime. The program shall obtain criminal
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18 history records on detained persons through the National Crime
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19 Information Center (NCIC). The information obtained from the
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20 screening and evaluation process must be submitted in a written
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21 report without unnecessary delay to the judge who is assigned to
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22 hear pretrial release applications when the person is eligible for
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23 pretrial release;
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 1 2. The program shall provide reliable information to the judge
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2 relating to the person applying for pretrial release so a reasonable
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3 decision can be made concerning the amount and type of bail
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4 appropriate for pretrial release. The information provided shall be
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5 based upon facts relating to the person’s risk of danger to the
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6 community and the risk of failure to appear for court; and
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7 3. The program shall make all reasonable attempts to provide
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8 the court with information appropriate to each person considered for
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9 pretrial release.
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10 F. A pretrial program established pursuant to the Pretrial
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11 Release Act may provide different methods and levels of community-
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12 based supervision to meet any court-ordered conditions of release.
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13 The program may use existing supervision methods for persons who are
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14 released prior to trial. Pretrial programs which employ peace
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15 officers certified by the Council on Law Enforcement Education and
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16 Training (CLEET) are authorized to enforce court-ordered conditions
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17 of release.
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18 G. Each pretrial program established pursuant to the Pretrial
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19 Release Act shall provide a quarterly report to the presiding judge
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20 of the judicial district of the jurisdiction in which it operates.
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21 A copy of the report shall be filed of record with the court clerk
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22 of the jurisdiction. Each report shall include, but is not limited
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23 to, the following information:
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 1 1. The total number of persons screened, evaluated or otherwise
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2 considered for pretrial release;
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3 2. The total number and nature of recommendations made;
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4 3. The number of persons admitted to pretrial release that
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5 failed to appear; and
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6 4. Any other information deemed appropriate by the reporting
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7 judicial district or that the program desires to report.
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8 H. Every pretrial release program established pursuant to this
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9 section shall utilize the services of local providers; provided,
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10 however, any program in continuous existence since July 1, 1999,
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11 shall be exempt from the provisions of this subsection.
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12 SECTION 3. This act shall become effective November 1, 2024.
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14 59-2-2921 TEK 1/16/2024 4:41:09 PM
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