{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1101","heading":"Offenses bailable - Who may take bail","body":"A. Except as otherwise provided by law, bail, by sufficient\n\nsureties, shall be admitted upon all arrests in criminal cases where\n\nthe offense is not punishable by death and in such cases it may be\n\ntaken by any of the persons or courts authorized by law to arrest,\n\nto imprison offenders or to perform pretrial services, or by the\n\nclerk of the district court or his or her deputy, or by the judge of\n\nsuch courts.\n\nB. In criminal cases where the defendant is currently an\n\nescaped prisoner from the Department of Corrections, the defendant\n\nmust be processed back into the Department of Corrections prior to\n\nbail being set on new criminal charges.\n\nC. All persons shall be bailable by sufficient sureties, except\n\nthat bail may be denied for:\n\n1. Capital offenses when the proof of guilt is evident, or the\n\npresumption thereof is great;\n\n2. Violent offenses;\n\n3. Offenses where the maximum sentence may be life imprisonment\n\nor life imprisonment without parole;\n\n4. Felony offenses where the person charged with the offense\n\nhas been convicted of two or more felony offenses arising out of\n\ndifferent transactions;\n\n5. Controlled dangerous substances offenses where the maximum\n\nsentence may be at least ten (10) years’ imprisonment; and\n\n6. Driving under the influence of alcohol or other intoxicating\n\nsubstance if such person has previously been convicted with two\n\nfelonies for driving under the influence of alcohol or other\n\nintoxicating substance.\n\nOn all offenses specified in paragraphs 2 through 6 of this\n\nsubsection, the proof of guilt must be evident, or the presumption\n\nmust be great, and it must be on the grounds that no condition of\n\nrelease would assure the safety of the community or any person.\n\nD. There shall be a rebuttable presumption that no condition of\n\nrelease would assure the safety of the community if the state shows\n\nby clear and convincing evidence that the person was arrested for a\n\nviolation of Section 741 of Title 21 of the Oklahoma Statutes.\n\nE. If the person was arrested for any crime provided for in the\n\nProtection from Domestic Abuse Act or a violent crime provided for\n\nin Section 571 of Title 57 of the Oklahoma Statutes, the court shall\n\nbe responsible for assessing prior patterns of abuse and shall\n\npresent written findings on the bail amount.\n\nF. There shall be a rebuttable presumption that no conditions\n\nof release on bond would assure the safety of the community or any\n\nperson therein if the state shows by clear and convincing evidence\n\nthat:\n\n1. The person was arrested for a violent offense and released\n\non bond; and\n\n2. While out on bond, the person was subsequently arrested and\n\ncharged for a violent crime as set forth for in Section 571 of Title\n\n57 of the Oklahoma Statutes.\n\nR.L. 1910, § 6103. Amended by Laws 2003, c. 82, § 1, emerg. eff.\n\nApril 15, 2003; Laws 2004, c. 58, § 1, eff. Nov. 1, 2004; Laws 2006,\n\nc. 130, § 2, emerg. eff. May 9, 2006; Laws 2022, c. 117, § 1, eff.\n\nNov. 1, 2022; Laws 2024, c. 54, § 1, eff. Nov. 1, 2024; Laws 2025,\n\nc. 169, § 1, eff. Nov. 1, 2025.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8b5e7b938083b473d7457e553947fc3f07c07bcf6299a207c972096cf8aa05a6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-11","next":"us-ok/okla.-stat.-tit.-22-22-1101.1"},"notice":"GroundRules: Original legal text. Not legal advice."}