{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-1327","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-1327","heading":"Surrender of defendant prior to breach - Defendant in","body":"custody in another jurisdiction - Recommitment of defendant -\n\nExoneration of bond in original court.\n\nA. At any time before there has been a breach of the\n\nundertaking in any type of bail provided herein, the surety or\n\nbondsman or a licensed bail enforcer pursuant to a client contract\n\nauthorized by the Bail Enforcement and Licensing Act may surrender\n\nthe defendant, or the defendant may surrender himself or herself, to\n\nthe official to whose custody the defendant was committed at the\n\ntime bail was taken, or to the official into whose custody the\n\ndefendant would have been given had he or she been committed. The\n\ndefendant may be surrendered without the return of premium for the\n\nbond if he or she has been guilty of nonpayment of premium, changes\n\naddress without notifying his or her bondsman, conceals himself or\n\nherself, leaves the jurisdiction of the court without the permission\n\nof his or her bondsman, or violates his or her contract with the\n\nbondsman in any way that does harm to the bondsman, or the surety,\n\nor violates his or her obligation to the court. When a bondsman or\n\nsurety, or a licensed bail enforcer, surrenders a defendant pursuant\n\nto this subsection, the bondsman or surety shall file written\n\nnotification of the surrender. After surrender, and upon filing of\n\nwritten notification of the surrender with the court clerk, the bond\n\nshall be exonerated and the clerk shall enter a minute in the case\n\nexonerating the bond.\n\nB. 1. If the defendant has been placed in custody of another\n\njurisdiction, the district attorney shall direct a hold order to the\n\nofficial, judge or law enforcement agency where the defendant is in\n\ncustody. All reasonable expenses accrued in returning the defendant\n\nto the original court shall be borne by the bondsman who posted the\n\nbond with that court; provided, however, except for instances\n\nwhereby the defendant is transported by a contracted transport\n\ncompany, reasonable expenses shall mean the actual miles traveled in\n\ntransporting the defendant at a rate equal to the current Internal\n\nRevenue Service standard mileage rate. Upon application, the bond\n\nin the original court shall be exonerated when the hold order is\n\nplaced and upon proof of guarantee of payment of expenses by the\n\nbondsman.\n\n2. Except as provided for in paragraph 3 of this subsection,\n\nthe premium for a bail bond shall be considered earned by the\n\nbondsman or the insurer, as applicable, when the defendant on the\n\nbond is released from custody and is not incarcerated in any\n\ncapacity. If the bond premium has not been earned pursuant to the\n\nterms of this section, the payor of the premium or the depositor of\n\nany collateral, as applicable, may request the return of the premium\n\nor collateral given to the bondsman for the bond. The bondsman\n\nshall return any premium and collateral without delay. If a\n\nbondsman returns the premium to the payor pursuant to this section,\n\nhe or she may charge a usual, customary, and reasonable fee for his\n\nor her services provided in the transaction.\n\n3. The premium for a bail bond shall be considered earned by\n\nthe bondsman, regardless of whether the defendant on the bond is\n\nreleased from custody, if the bondsman and the payor of the bond\n\npremium have agreed in writing that the purpose of the bond is to\n\nsecure the transfer of the defendant to another jurisdiction and the\n\ndefendant is in fact transferred to that jurisdiction.\n\nC. If the defendant has been arrested on new charges and is in\n\nthe custody of the same jurisdiction in which the bondsman or surety\n\nhas posted an appearance bond or bonds for the defendant, and the\n\nbond or bonds have not been exonerated, and certified copies of\n\nbonds are not reasonably available, the bondsman or surety may\n\nrecommit the defendant to be held in custody on the charges for\ntion.\n\nC. If the defendant has been arrested on new charges and is in\n\nthe custody of the same jurisdiction in which the bondsman or surety\n\nhas posted an appearance bond or bonds for the defendant, and the\n\nbond or bonds have not been exonerated, and certified copies of\n\nbonds are not reasonably available, the bondsman or surety may\n\nrecommit the defendant to be held in custody on the charges for\n\nwhich the bondsman or surety has previously posted appearance bonds\n\nthereon, in accordance with the following procedure:\n\n1. On a Recommitment of Defendant by Bondsman form approved by\n\nthe Administrative Office of the Courts, the bondsman or surety\n\nshall personally affix his or her signature to an affidavit\n\nattesting to the following:\n\na. the defendant is presently in the custody of the\n\njurisdiction in which the bondsman or surety has\n\nposted a bond or bonds,\n\nb. the case number, if any, assigned to each bond,\n\nc. that the bond or bonds have not been exonerated, and\n\nd. the specific charges and bond amount or amounts;\n\n2. The bondsman or surety shall present the Recommitment of\n\nDefendant by Bondsman form to the official in whose custody the\n\ndefendant is being held, and the official shall detain the defendant\n\nin his or her custody, thereon, as upon a commitment, and by a\n\ncertificate in writing acknowledging the surrender; and\n\n3. When a bondsman or surety recommits a defendant pursuant to\n\nthis subsection, the bondsman or surety shall file a written\n\nnotification thereof to the court, and after such notification, the\n\nbond or bonds shall be exonerated, and the clerk shall enter a\n\nminute in the case exonerating the bond or bonds.\n\nD. 1. When a defendant does appear before the court as\n\nrequired by law and enters a plea of guilty or nolo contendere, is\n\nsentenced or a deferred sentence is granted as provided for in\n\nSection 991c of Title 22 of the Oklahoma Statutes, or deferred\n\nprosecution is granted as provided by law, in such event the\n\nundertaking and bondsman and insurer shall be exonerated from\n\nfurther liability.\n\n2. A bond posted for a petition for revocation of a suspended\n\nsentence, a petition for acceleration of a deferred sentence or any\n\nviolation of a probationary term shall be exonerated by operation of\n\nlaw when:\n\na. the defendant has confessed, stipulated or otherwise\n\nagreed to the factual basis of the violation of\n\nprobation,\n\nb. the suspended sentence is revoked in whole or part,\n\nc. the deferred sentence is accelerated in whole or part,\n\nor\n\nd. any additional sanction is imposed by the court.\n\nE. The bond shall be exonerated by operation of law in any case\n\nin which the defendant has been arrested on new charges or on any\n\nwarrant in the same jurisdiction in which the bondsman or insurer\n\nhas posted the appearance bond or bonds for the defendant, and the\n\ndefendant has been subsequently released on his or her own personal\n\nrecognizance or a pretrial release has been authorized by the court.\n\nF. The bond shall be exonerated by operation of law in any case\n\nin which the defendant has been arrested and there is an added\n\ncharge to a case that would result in a higher fine or longer term\n\nof sentence if convicted, or an amendment to a charge that would\n\nresult in a higher fine or longer term of sentence if convicted;\n\nprovided, however, any premium paid by the defendant to the bondsman\n\nor insurer from the original charge shall be at the same premium\n\nrate and shall be credited to the defendant if the same bondsman or\n\ninsurer posts the appearance bond or bonds on the added or amended\n\ncharge.\n\nG. For purposes of this section, a “usual, customary, and\n\nreasonable fee” means a charge to the payor that is based on the\n\namount of time spent by the bondsman or his or her employees\n\nresearching, drafting, and executing the bail bond. Such fee shall\n\nbe detailed in a written document provided to the payor.\nondsman or\n\ninsurer posts the appearance bond or bonds on the added or amended\n\ncharge.\n\nG. For purposes of this section, a “usual, customary, and\n\nreasonable fee” means a charge to the payor that is based on the\n\namount of time spent by the bondsman or his or her employees\n\nresearching, drafting, and executing the bail bond. Such fee shall\n\nbe detailed in a written document provided to the payor.\n\nH. The court shall not issue an order modifying the terms of a\n\npreviously set bond unless the order has also been signed by the\n\nbail bondsman, bail bondsman surety, or both acknowledging the\n\nchanges made to the bond prior to the defendant’s release. Failure\n\nto provide this notice shall exonerate the bond by operation of law.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a383d14423ac88a96dfd278c1fd30461a6fb8c3e4a31f5991291cd6a272ba4f1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-1326","next":"us-ok/okla.-stat.-tit.-59-59-1328"},"notice":"GroundRules: Original legal text. Not legal advice."}