{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1105.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1105.3","heading":"Pretrial Release Act - Pretrial release programs -","body":"Persons eligible - Minimum criteria.\n\nA. Any county pursuant to the provisions of the Pretrial\n\nRelease Act may establish and fund a pretrial program to be utilized\n\nby the district court in that jurisdiction.\n\nB. When a pretrial release program is established pursuant to\n\nthe Pretrial Release Act and private bail has not been furnished,\n\nthe judge may order a person to be evaluated through the pretrial\n\nprogram. After conducting an evaluation of the person applying for\n\npretrial release, the pretrial program shall make a recommendation\n\nto the court. The recommendation shall indicate any special\n\nsupervisory conditions for pretrial release. The judge shall\n\nconsider the recommendations and may grant or deny pretrial release.\n\nThe presiding judge of the judicial district may issue a standing\n\norder outlining criteria for cases that may automatically be\n\nevaluated for pretrial release by a pretrial program operating in\n\nthe jurisdiction. The standing order may include amounts for bail\n\nand types of bonds deemed appropriate for certain offenses.\n\nC. Except as otherwise authorized by the provisions of this\n\nsubsection, persons accused of or detained for any of the following\n\noffenses or conditions shall not be eligible for pretrial release by\n\nany pretrial program:\n\n1. Aggravated driving under the influence of an intoxicating\n\nsubstance;\n\n2. Any felony driving under the influence of an intoxicating\n\nsubstance;\n\n3. Any offense prohibited by the Trafficking In Illegal Drugs\n\nAct;\n\n4. Any person having a violent felony conviction within the\n\npast ten (10) years;\n\n5. Appeal bond;\n\n6. Arson in the first degree, including attempts to commit\n\narson in the first degree;\n\n7. Assault and battery on a police officer;\n\n8. Bail jumping;\n\n9. Bribery of a public official;\n\n10. Burglary in the first or second degree;\n\n11. Civil contempt proceedings;\n\n12. Distribution of a controlled dangerous substance, including\n\nthe sale or possession of a controlled dangerous substance with\n\nintent to distribute or conspiracy to distribute;\n\n13. Domestic abuse, domestic assault or domestic assault and\n\nbattery with a dangerous weapon, or domestic assault and battery\n\nwith a deadly weapon;\n\n14. Driving under the influence of intoxicating substance where\n\nproperty damage or personal injury occurs;\n\n15. Felony discharging a firearm from a vehicle;\n\n16. Felony sex offenses;\n\n17. Fugitive bond or a governor's fugitive warrant;\n\n18. Immigration charges;\n\n19. Kidnapping;\n\n20. Juvenile or youthful offender detention;\n\n21. Manslaughter;\n\n22. Manufacture of a controlled dangerous substance;\n\n23. Murder in the first degree, including attempts or\n\nconspiracy to commit murder in the first degree;\n\n24. Murder in the second degree, including attempts or\n\nconspiracy to commit murder in the second degree;\n\n25. Negligent homicide;\n\n26. Out-of-county holds;\n\n27. Persons currently on pretrial release who are arrested on a\n\nnew felony offense;\n\n28. Possession, manufacture, use, sale or delivery of an\n\nexplosive device;\n\n29. Possession of a controlled dangerous substance on Schedule\n\nI or II of the Controlled Dangerous Substances Act;\n\n30. Possession of a firearm or other offensive weapon during\n\nthe commission of a felony;\n\n31. Possession of a stolen vehicle;\n\n32. Rape in the first degree, including attempts to commit rape\n\nin the first degree;\n\n33. Rape in the second degree, including attempts to commit\n\nrape in the second degree;\n\n34. Robbery by force or fear;\n\n35. Robbery with a firearm or dangerous weapon, including\n\nattempts to commit robbery with a firearm or dangerous weapon;\n\n36. Sexual assault or violent offenses against children;\n\n37. Shooting with intent to kill;\n\n38. Stalking or violation of a Victim Protection Order;\n\n39. Two or more prior felony convictions; or\n\n40. Unauthorized use of a motor vehicle.\ndegree;\n\n34. Robbery by force or fear;\n\n35. Robbery with a firearm or dangerous weapon, including\n\nattempts to commit robbery with a firearm or dangerous weapon;\n\n36. Sexual assault or violent offenses against children;\n\n37. Shooting with intent to kill;\n\n38. Stalking or violation of a Victim Protection Order;\n\n39. Two or more prior felony convictions; or\n\n40. Unauthorized use of a motor vehicle.\n\nD. Other than a person accused of or detained for an offense\n\nprovided for in paragraph 13 or paragraph 38 of subsection C of this\n\nsection, a person not eligible for pretrial release pursuant to the\n\nprovisions of subsection C of this section may be released upon\n\norder of a district judge, associate district judge or special judge\n\nunder conditions prescribed by the judge, which may include an order\n\nto require the defendant, as a condition of pretrial release, to use\n\nor participate in any monitoring or testing including, but not\n\nlimited to, a Global Positioning System (GPS) monitoring device and\n\nurinalysis testing. The court may further order the defendant to\n\npay costs and expenses related to any supervision, monitoring or\n\ntesting.\n\nE. Every pretrial services program operating pursuant to the\n\nprovisions of the Pretrial Release Act shall meet the following\n\nminimum criteria:\n\n1. The program shall establish a procedure for screening and\n\nevaluating persons who are detained or have been arrested for the\n\nalleged commission of a crime. The program shall obtain criminal\n\nhistory records on detained persons through the National Crime\n\nInformation Center (NCIC). The information obtained from the\n\nscreening and evaluation process must be submitted in a written\n\nreport without unnecessary delay to the judge who is assigned to\n\nhear pretrial release applications when the person is eligible for\n\npretrial release;\n\n2. The program shall provide reliable information to the judge\n\nrelating to the person applying for pretrial release so a reasonable\n\ndecision can be made concerning the amount and type of bail\n\nappropriate for pretrial release. The information provided shall be\n\nbased upon facts relating to the person's risk of danger to the\n\ncommunity and the risk of failure to appear for court; and\n\n3. The program shall make all reasonable attempts to provide\n\nthe court with information appropriate to each person considered for\n\npretrial release.\n\nF. A pretrial program established pursuant to the Pretrial\n\nRelease Act may provide different methods and levels of community-\n\nbased supervision to meet any court-ordered conditions of release.\n\nThe program may use existing supervision methods for persons who are\n\nreleased prior to trial. Pretrial programs which employ peace\n\nofficers certified by the Council on Law Enforcement Education and\n\nTraining (CLEET) are authorized to enforce court-ordered conditions\n\nof release.\n\nG. Each pretrial program established pursuant to the Pretrial\n\nRelease Act shall provide a quarterly report to the presiding judge\n\nof the judicial district of the jurisdiction in which it operates.\n\nA copy of the report shall be filed of record with the court clerk\n\nof the jurisdiction. Each report shall include, but is not limited\n\nto, the following information:\n\n1. The total number of persons screened, evaluated or otherwise\n\nconsidered for pretrial release;\n\n2. The total number and nature of recommendations made;\n\n3. The number of persons admitted to pretrial release that\n\nfailed to appear; and\n\n4. Any other information deemed appropriate by the reporting\n\njudicial district or that the program desires to report.\n\nH. Every pretrial release program established pursuant to this\n\nsection shall utilize the services of local providers; provided,\n\nhowever, any program in continuous existence since July 1, 1999,\n\nshall be exempt from the provisions of this subsection.","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":"0729b9b5dd31baf1a336578e644b3799b9bb84acf7f059f294a5249a6dfb8f84","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1105.2","next":"us-ok/okla.-stat.-tit.-22-22-1106"},"notice":"GroundRules: Original legal text. Not legal advice."}