{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1105","heading":"Defendant discharged on giving bail - Exceptions","body":"A. Except as otherwise provided by this section, upon the\n\nallowance of bail and the execution of the requisite recognizance,\n\nbond, or undertaking to the state, the magistrate, judge, or court\n\nshall, if the defendant is in custody, make and sign an order for\n\ndischarge. The court, in its discretion, may prescribe by court\n\nrule the conditions under which the court clerk or deputy court\n\nclerk, or the sheriff or deputy sheriff, may prepare and execute an\n\norder of release on behalf of the court.\n\nB. No police officer or sheriff may release a person arrested\n\nfor a violation of an ex parte or final protective order as provided\n\nin Sections 60.2 and 60.3 of this title, or arrested for an act\n\nconstituting domestic abuse as specified in Section 644 of Title 21\n\nof the Oklahoma Statutes, or arrested for any act constituting\n\ndomestic abuse, stalking or harassment as defined by Section 60.1 of\n\nthis title, or arrested for an act constituting domestic assault and\n\nbattery or domestic assault and battery with a deadly weapon\n\npursuant to Section 644 of Title 21 of the Oklahoma Statutes,\n\nwithout the violator appearing before a magistrate, judge or court.\n\nTo the extent that any of the following information is available to\n\nthe court, the magistrate, judge or court shall consider, in\n\naddition to any other circumstances, before determining bond and\n\nother conditions of release as necessary for the protection of the\n\nalleged victim, the following:\n\n1. Whether the person has a history of domestic violence or a\n\nhistory of other violent acts;\n\n2. The mental health of the person;\n\n3. Whether the person has a history of violating the orders of\n\nany court or governmental entity;\n\n4. Whether the person is potentially a threat to any other\n\nperson;\n\n5. Whether the person has a history of abusing alcohol or any\n\ncontrolled substance;\n\n6. Whether the person has access to deadly weapons or a history\n\nof using deadly weapons;\n\n7. The severity of the alleged violence that is the basis of\n\nthe alleged offense including, but not limited to:\n\na. the duration of the alleged violent incident,\n\nb. whether the alleged violent incident involved serious\n\nphysical injury,\n\nc. whether the alleged violent incident involved sexual\n\nassault,\n\nd. whether the alleged violent incident involved\n\nstrangulation,\n\ne. whether the alleged violent incident involved abuse\n\nduring the pregnancy of the alleged victim,\n\nf. whether the alleged violent incident involved the\n\nabuse of pets, or\n\ng. whether the alleged violent incident involved forcible\n\nentry to gain access to the alleged victim;\n\n8. Whether a separation of the person from the alleged victim\n\nor a termination of the relationship between the person and the\n\nalleged victim has recently occurred or is pending;\n\n9. Whether the person has exhibited obsessive or controlling\n\nbehaviors toward the alleged victim including, but not limited to,\n\nstalking, surveillance, or isolation of the alleged victim;\n\n10. Whether the person has expressed suicidal or homicidal\n\nideations; and\n\n11. Any information contained in the complaint and any police\n\nreports, affidavits, or other documents accompanying the complaint.\n\nC. A person arrested for:\n\n1. A violation of an ex parte or final protective order as\n\nprovided in Sections 60.2 and 60.3 of this title;\n\n2. An act constituting domestic abuse, domestic assault and\n\nbattery or domestic assault and battery with a deadly weapon as\n\nspecified in Section 644 of Title 21 of the Oklahoma Statutes; or\n\n3. An act constituting domestic abuse, stalking or harassment\n\nas defined by Section 60.1 of this title,\n\nshall not be eligible for a personal recognizance bond pursuant to\n\nSection 1108.1 of this title.\n\nD. No police officer or sheriff may release a person arrested\n\nfor any violation of subsection G of Section 2-401 of Title 63 of\nspecified in Section 644 of Title 21 of the Oklahoma Statutes; or\n\n3. An act constituting domestic abuse, stalking or harassment\n\nas defined by Section 60.1 of this title,\n\nshall not be eligible for a personal recognizance bond pursuant to\n\nSection 1108.1 of this title.\n\nD. No police officer or sheriff may release a person arrested\n\nfor any violation of subsection G of Section 2-401 of Title 63 of\n\nthe Oklahoma Statutes, without the violator appearing before a\n\nmagistrate, judge, or court. In determining bond and other\n\nconditions of release, the magistrate, judge, or court shall\n\nconsider any evidence that the person is in any manner dependent\n\nupon a controlled dangerous substance or has a pattern of regular,\n\nillegal use of any controlled dangerous substance. A rebuttable\n\npresumption that no conditions of release on bond would assure the\n\nsafety of the community or any person therein shall arise if the\n\nstate shows by clear and convincing evidence:\n\n1. The person was arrested for a violation of subsection G of\n\nSection 2-401 of Title 63 of the Oklahoma Statutes, relating to\n\nmanufacturing or attempting to manufacture a controlled dangerous\n\nsubstance, or possessing any of the substances listed in subsection\n\nG of Section 2-401 of Title 63 of the Oklahoma Statutes with the\n\nintent to manufacture a controlled dangerous substance; and\n\n2. The person is in any manner dependent upon a controlled\n\ndangerous substance or has a pattern of regular illegal use of a\n\ncontrolled dangerous substance, and the violation referred to in\n\nparagraph 1 of this subsection was committed or attempted in order\n\nto maintain or facilitate the dependence or pattern of illegal use\n\nin any manner.\n\nE. No police officer or sheriff may release a person arrested\n\nfor a second or subsequent violation of Section 11-902 of Title 47\n\nof the Oklahoma Statutes, without the granting of bail by a\n\nmagistrate, court, judge, or on-call judge, whether by telephone or\n\nin person. In determining bond and other conditions of release, the\n\nmagistrate, judge, on-call judge or court shall consider any\n\nevidence that the person is in any manner dependent upon alcohol or\n\na controlled dangerous substance or has a pattern of regular abuse\n\nof alcohol or the illegal use of any controlled dangerous substance.\n\nIf the person was arrested for any crime provided for in Section 11-\n\n902 of Title 47 of the Oklahoma Statutes, the court shall consider\n\nthe threat the person poses to the public safety and shall present\n\nwritten findings on the bail amount.","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":"bd1fa81635849fdc7388dfab77ffe08a9c89cd0250c0d261a06d25769a8211b2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1104","next":"us-ok/okla.-stat.-tit.-22-22-1105.1"},"notice":"GroundRules: Original legal text. Not legal advice."}