{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1108.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1108.1","heading":"Own recognizance bonds - Requirements for posting -","body":"Forfeiture action and collection of forfeiture.\n\nA. Own recognizance bonds set in a penal amount shall be posted\n\nby executing an own recognizance indenture contract which shall be\n\nexecuted and maintained by the district court clerk. The indenture\n\nshall constitute an inchoate obligation to pay in the event\n\nforfeiture proceedings are commenced and result in a final order of\n\nforfeiture by the authorizing and issuing judge of the district\n\ncourt.\n\nB. Setting aside of forfeitures shall be governed by the same\n\nrules and procedures applicable to cash, property or surety bonds;\n\nprovided that, if the forfeiture is set aside, the district court\n\nshall exempt from forfeiture set aside all reasonable costs of\n\nrecovery to return the defendant to custody, and an administrative\n\nfee to be retained by the court fund in a sum not to exceed ten\n\npercent (10%) of the total penal bond amount plus all costs incurred\n\nin processing the forfeiture proceeding to include costs of notices,\n\nwarrants, service and execution.\n\nC. The final judgment of forfeiture shall constitute a judgment\n\nenforceable through all procedures available for the collection of a\n\ncivil judgment, provided that the judgment shall be considered a\n\ndebt in the nature of defalcation as defined by the United States\n\nBankruptcy Code, and shall not be subject to other forms of debtor\n\nrelief. The judgment shall be subject to collection as costs in the\n\nunderlying action regardless of final disposition or determination\n\nof guilt.\n\nD. The district attorney or the Administrator of the District\n\nCourt Cost Collection Division as determined by administration order\n\nin each judicial district shall initiate the forfeiture action and\n\ncollection of forfeitures and shall receive one-third (1/3) of all\n\nsums collected from the ten-percent premium, not to include costs as\n\ndefined in subsection B of this section, to offset the costs of\n\nadministering the program.\n\nE. This section does not apply to :\n\n1. Traffic or wildlife cases;\n\n2. Cases concerning violations of emergency ex parte or final\n\nprotective orders, as provided in Sections 60.2 and 60.3 of this\n\ntitle;\n\n3. Domestic abuse cases, as provided in Section 644 of Title 21\n\nof the Oklahoma Statutes; and\n\n4. Stalking or harassment cases, as provided in Section 1173 of\n\nTitle 21 of the Oklahoma Statutes.","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":"ff14f9d3ce7809664dd5835fd45cd679fc69b3005c944f18fa0bb18f368e50d1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1108","next":"us-ok/okla.-stat.-tit.-22-22-1109"},"notice":"GroundRules: Original legal text. Not legal advice."}