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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1706 By: Worthen
AS INTRODUCED
An Act relating to criminal procedure; creating the
Pretrial Procedures Modernization Act of 2025;
amending 22 O.S. 2021, Section 181, which relates to
appearances before magistrate without delay;
requiring arrested defendants to be taken before
judge for pretrial release hearings; establishing
time limitations; amending 22 O.S. 2021, Section 251,
which relates to the duty to inform defendant of
charges and rights; directing the court to conduct a
pretrial release hearing; making rules of evidence
inapplicable; providing list of procedural
protections to be conveyed to defendant; directing
the judge to providing certain information to the
defendant; directing court to make certain findings;
authorizing the state to present evidence at hearing;
providing for rebuttal by the defendant; requiring
court to consider certain factors; directing court to
determine release conditions with certain
considerations; providing for the detainment of
defendant under certain circumstances; deeming
certain bonds an order of detention; presuming the
inability of a defendant to pay the bond or fee
amount pursuant to certain circumstances; amending
22 O.S. 2021, Section 258, as amended by Section 2,
Chapter 269, O.S.L. 2022 (22 O.S. Supp. 2024, Section
258), which relates to preliminary examinations;
providing gender-neutral language; deleting exception
related to the filing of informations; reducing time
limitation for setting preliminary hearings;
providing list of circumstances for finding good
cause to delay preliminary hearings; requiring court
to schedule preliminary hearing within certain time
period after delay; amending 22 O.S. 2021, Section
1105.2, which relates to the Pretrial Release Act;
requiring conditions of release to be determined when
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defendant appears for a pretrial release hearing;
directing judicial districts to establish pre-
appearance bail schedules for sheriffs and operators
of detention facilities; providing an exception for
traffic offenses; requiring bail schedule to be made
public and publicly displayed in jail or detention
facilities; establishing procedures for determining
bail and posting bond; authorizing the court to
rescind bond; providing for the release from custody
upon an order of pretrial release or release on bond;
allowing for electronic monitoring if certain
condition is satisfied; prohibiting the modification;
revocation, or forfeiture of bonds absent a hearing;
providing circumstances that allow for a bail
modification hearing; establishing procedures for
bail modification hearings and notice requirements;
amending 22 O.S. 2021, Section 1105.3, which relates
to establishing and funding the pretrial program;
creating a statewide pretrial services program within
each judicial district; providing supervision by the
Administrative Office of the Courts; deleting certain
procedures of the pretrial release program and list
of eligible offenses or conditions; directing the
Administrative Office of the Courts to employ chief
administrative officers for pretrial services
programs in each judicial district; providing for his
or her removal; authorizing the director to employ
staff, contract for services, and provide equipment;
establishing minimum criteria for pretrial services
programs; directing submission of screening report to
the judge; directing distribution of report to
certain parties; allowing judge to rely on report
information; prohibiting the delay of hearings and ex
parte communications to the court; setting forth
minimum requirements for pretrial services;
prohibiting pretrial services from imposing or
enforcing unauthorized release conditions;
establishing quarterly report requirements; deleting
utilization of local providers requirement and
certain exemption; amending 22 O.S. 2021, Section
1355A, which relates to the Indigent Defense Act;
providing exception to indigent request for
representation; deleting written statement
requirement on application; authorizing
representation despite being released on bond;
providing rebuttable presumption for eligibility
determination; waiving application and application
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fee under certain circumstances; providing for the
appointment of counsel; amending 22 O.S. 2021,
Section 2002, which relates to the Oklahoma Criminal
Discovery Code; directing the disclosure of discovery
as soon as practicable; requiring completion of
discovery before pleas of guilty or nolo contendere;
directing parties to acknowledge receipt of discovery
items; directing the state to promptly disclose
additional discovery items; providing for
noncodification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Pretrial
Procedures Modernization Act of 2025".
SECTION 2. AMENDATORY 22 O.S. 2021, Section 181, is
amended to read as follows:
Section 181. The A defendant must who has been arrested with or
without a warrant for a criminal offense shall, in all cases, be
taken before the magistrate a judge of the district court for a
pretrial release hearing without unnecessary delay, but in no case
later than forty-eight (48) hours after being taken into custody,
inclusive of weekends and holidays.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 251, is
amended to read as follows:
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Section 251. A. When the defendant is brought before a
magistrate judge of the district court upon an arrest, either with
or without a warrant for an initial appearance, on a charge of
having committed a public offense, the magistrate must court shall
immediately inform him the defendant of the charge against him or
her, and of his right to the aid of counsel in every stage of the
proceedings, and also of his right to waive an examination before
any further proceedings are had conduct a pretrial release hearing
to determine the conditions under which the defendant will be held
or released pretrial. The rules of evidence do not apply at the
pretrial release hearing.
B. The following procedural protections shall be provided at
the pretrial release hearing:
1. Right to counsel:
a. the defendant shall be advised that he or she has the
right to be represented by an attorney of his or her
choosing or an appointed attorney at no expense. The
court shall appoint counsel unless the defendant is
privately represented, or the court finds that the
defendant has been advised of and knowingly waived
appointment of counsel and chooses to proceed pro se,
and
b. the defendant shall be advised that he or she has the
right to consult with his or her attorney privately
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before, or at any time during, the pretrial release
hearing; and
2. Ability to contest and present evidence:
a. the defendant shall be advised of and shall have the
opportunity to examine and challenge any evidence
presented to or considered by the court in connection
with the release determination and to cross-examine
any witnesses, and
b. the defendant shall be allowed to present evidence and
witness testimony and to make arguments.
Each of the findings required in this section shall be made by
clear and convincing evidence, and contained in a record which also
identifies the evidence on which the court relied to make each of
its findings.
C. At the pretrial release hearing, the court shall:
1. Inform the defendant orally and in writing of his or her
next court date;
2. Order the defendant, if released, to appear at all court
hearings as directed and not to commit a criminal offense while
released;
3. Advise the defendant that if the defendant fails to appear
as directed or commits a criminal offense while released, a warrant
may be issued for his or her arrest for violating the release
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conditions and that the defendant could be subjected to greater
restrictions or ordered to stay in jail pending trial;
4. Advise the defendant that the defendant can provide up to
two telephone numbers at which the defendant can be called or texted
with a reminder on the business day before his or her next court
date. The court shall also give the defendant at the hearing, in
writing and orally, instructions for supplementing or changing any
telephone numbers provided at the hearing. If the defendant
provides one or more telephone numbers the court shall provide the
defendant with a telephone conversation, voice mail, or text message
reminder of each court date at which the defendant is required to
appear, at each of the telephone numbers provided, on the business
day before the scheduled court date.
The reminder shall include the time and date of the appearance,
the nature of the appearance, and a warning that if the defendant
does not appear, a warrant may be issued for his or her arrest. The
reminder shall also include instructions for contacting the court by
telephone with any questions.
D. At the pretrial release hearing, the court shall make a
finding of whether the defendant, if released, is unlikely to appear
in court as directed, or will create a safety threat to one or more
identifiable members of the community.
1. The state may present evidence, including evidence received
from pretrial services if available at the time of the hearing, that
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the defendant, if released, is unlikely to appear in court as
directed, or will create a safety threat to one or more identifiable
members of the community.
2. If the state presents evidence, the defendant shall have the
opportunity to review and challenge said evidence and to produce
contrary evidence and legal argument.
3. In making its finding, the court shall consider the
following factors:
a. the seriousness of the crime charged against the
defendant, the apparent likelihood of conviction, and
the extent of the punishment prescribed by statute,
b. the criminal record of the defendant, if any, and
previous record on bail if any,
c. the reputation of the defendant and mental condition,
d. the length of residency of the defendant in the
community,
e. the family ties and relationships of the defendant,
f. the employment status of the defendant, record of
employment, and his or her financial condition,
g. the identity of responsible members of the community
who would vouch for the reliability of the defendant,
and
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h. any other factors indicating mode of life of the
defendant, ties to the community, or bearing on the
risk of his or her failure to appear.
4. If the court finds the defendant, if released, is unlikely
to appear in court as directed, or will create a safety threat to
one or more identifiable members of the community, the court shall
determine the release conditions that are sufficient to reasonably
assure the return of the defendant to court as directed and the
safety of one or more identifiable members of the community.
5. The court may impose conditions of release in addition to
ordering the defendant to appear in court as directed and not to
commit a criminal offense while released, provided:
a. the court shall impose a condition or a set of
conditions that are the least restrictive conditions
necessary to reasonably assure the return of the
defendant to court as directed or the safety of one or
more identifiable members of the community,
b. the court shall impose a partially or fully secured
bond, cash bond, or property bond only after a finding
that no set of nonmonetary conditions, including
unsecured bond, can reasonably assure the return of
the defendant to court as directed or the safety of
one or more identifiable members of the community.
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6. The court may order the defendant detained only after a
finding that no condition or combination of conditions of release
can reasonably assure the return of the defendant to court as
directed or the safety of one or more identifiable members of the
community.
7. For the purposes of this subsection, any secured or
partially secured bond condition shall be deemed an order of
detention unless the court finds the defendant has the present
ability to pay the secured portion of the bond.
E. 1. If the defendant had a monetary bond set by a schedule
following arrest and the defendant remains in custody at the time of
the pretrial release hearing, there is a rebuttable presumption that
the defendant is unable to afford the preset bond amount.
2. The defendant shall be presumed presently unable to pay any
bond or fee if the defendant:
a. receives means-tested government assistance,
b. has an income at or below two hundred percent (200%)
of the federal poverty level,
c. is eligible for appointed counsel,
d. is or within the last two (2) years has been homeless,
e. is incarcerated or residing in a mental health or
other treatment facility, or
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f. for the last three (3) months has had monthly expenses
that are equal to or in excess of the monthly income
and assets of the defendant.
SECTION 4. AMENDATORY 22 O.S. 2021, Section 258, as
amended by Section 2, Chapter 269, O.S.L. 2022 (22 O.S. Supp. 2024,
Section 258), is amended to read as follows:
Section 258. First: The witnesses must be examined in the
presence of the defendant, and may be cross-examined by the
defendant. On the request of the district attorney, or the
defendant, all the testimony must be reduced to writing in the form
of questions and answers and signed by the witnesses, or the same
may be taken in shorthand and transcribed without signing, and in
both cases filed with the clerk of the district court, by the
examining magistrate, and may be used as provided in Section 333 of
this title. In no case shall the county be liable for the expense
in reducing such testimony to writing, unless ordered by the judge
of a court of record.
Second: The district attorney may, on approval of the county a
judge or of the district judge court, issue subpoenas in felony
cases and call witnesses before the district attorney and have them
sworn and their testimony reduced to writing and signed by the
witnesses at the cost of the county. Such examination must be
confined to some felony committed against the statutes of the state
and triable in that county, and the evidence so taken shall not be
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receivable in any civil proceeding. A refusal to obey such subpoena
or to be sworn or to testify may be punished as a contempt on
complaint and showing to the county court, or district court, or the
judges thereof that proper cause exists therefor.
Third: No preliminary information shall be filed without the
consent or endorsement of the district attorney, unless the
defendant be taken in the commission of a felony, or the offense be
of such character that the accused is liable to escape before the
district attorney can be consulted. If the defendant is discharged
and the information is filed without authority from or endorsement
of the district attorney, the costs must be taxed to the prosecuting
witness, and the county shall not be liable therefor.
Fourth: The convening and session of a grand jury does not
dispense with the right of the district attorney to file complaints
and informations, conduct preliminary hearings and other routine
matters, unless otherwise specifically ordered, by a written order
of the court convening the grand jury; made on the court's own
motion, or at the request of the grand jury.
Fifth: There shall be no preliminary examinations in
misdemeanor cases.
Sixth: A preliminary magistrate hearing judge shall have the
authority to limit the evidence presented at the preliminary hearing
to that which is relevant to the issues of: (1) whether the crime
was committed, and (2) whether there is probable cause to believe
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the defendant committed the crime. Once a showing of probable cause
is made the magistrate shall terminate the preliminary hearing and
enter a bindover order; provided, however, that the preliminary
hearing shall be terminated only if the state made available for
inspection and copying law enforcement reports within the
prosecuting attorney's knowledge or possession at the time to the
defendant five (5) working days prior to the date of the preliminary
hearing. The district attorney shall determine whether or not to
make the law enforcement reports available prior to the preliminary
hearing. If reports are made available, the district attorney shall
be required to provide those law enforcement reports that the
district attorney knows to exist at the time of providing the
reports, but this does not include any physical evidence which may
exist in the case. This provision does not require the district
attorney to provide copies for the defendant, but only to make them
available for inspection and copying by defense counsel. In the
alternative, upon agreement of the state and the defendant, the
court may terminate the preliminary hearing once a showing of
probable cause is made.
Seventh: A preliminary magistrate hearing judge shall accept
into evidence as proof of prior convictions a noncertified copy of a
Judgment and Sentence when the copy appears to the preliminary
magistrate hearing judge to be patently accurate. The district
attorney shall make a noncertified copy of the Judgment and Sentence
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available to the defendant no fewer than five (5) days prior to the
hearing. If such copy is not made available five (5) days prior to
the hearing, the court shall continue the portion of the hearing to
which the copy is relevant for such time as the defendant requests,
not to exceed five (5) days subsequent to the receipt of the copy.
Eighth: The purpose of the preliminary hearing is to establish
probable cause that a crime was committed and probable cause that
the defendant committed the crime.
Ninth: The preliminary hearing must be set within nine (9)
months sixty (60) days from the initial appearance of the defendant.
If commencement of the preliminary hearing is delayed past the nine-
month sixty-day time limit, a show cause hearing shall be scheduled
by the court to show reason for the delay. If the court fails to
find good cause for the delay, the court shall schedule a
preliminary hearing as soon as practicable. If the defendant is in
pretrial detention, good cause shall be limited to:
1. Illness or other justifiable absence of the court, counsel,
the defendant, or necessary court personnel;
2. Unavailability of necessary scientific reports or subpoenaed
records that will be available within a reasonable time;
3. Unavailability of a necessary witness who will be available
within a reasonable time;
4. The accused is incompetent to stand trial; or
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5. A determination of the competency of the accused to stand
trial is pending.
If the defendant is in pretrial detention and the court finds
good cause for the delay, the court shall schedule the preliminary
hearing no later than sixty (60) days after the original setting.
SECTION 5. AMENDATORY 22 O.S. 2021, Section 1105.2, is
amended to read as follows:
Section 1105.2. A. Following an arrest for a misdemeanor or
felony offense and before formal charges have been filed or an
indictment made, the arrested person may have bail set by the court
as provided in this act; provided there are no provisions of law to
the contrary.
B. When the defendant appears before the court for a pretrial
release hearing or when formal charges or an indictment has been
filed, bail conditions of release shall be set according to law and
the pretrial bond, if any, may be reaffirmed unless additional
security is required determined as provided in Section 251 of this
title. Every judicial district may, upon the order of the presiding
judge for the district, establish a pretrial pre-appearance bail
schedule for use by the sheriff or other operator of a jail or
detention facility to set bail prior to the pretrial release hearing
before the court for felony or misdemeanor offenses, except for
traffic. Traffic offenses included in subsections B, C and D of
Section 1115.3 of Title 22 of the Oklahoma Statutes this title and
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those offenses specifically excluded herein shall not be included.
The bail schedule established pursuant to the authority of this act
shall exclude any offense for which bail is not allowed by law. The
bail schedule authorized by this act shall be set in accordance with
guidelines relating to bail and shall be published and reviewed by
March 1 of each year by the courts and district attorney of the
judicial district. The bail schedule authorized by this section
shall be made public and shall be displayed in the public area of
the jail or detention facility.
C. When a person is assigned bail under a bail schedule, the
amount shall be determined by reference to the charge of arrest
associated with the highest bail amount. Scheduled bail amounts
shall not be aggregated.
D. 1. Any bail amount imposed pursuant to a bail schedule or
by any order of the court can be satisfied by posting a cash bond or
secured bond in the full amount, or by posting a partially secured
bond by depositing cash equal to ten percent (10%) of the bond
amount and executing a promise to pay the remaining amount upon a
court ordering the bond forfeited.
2. An individualized court order may require that a cash bond
be fully secured but only if the order complied with all the
requirements of Section 251 of this title for imposing bail
conditions.
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E. Bail amounts prescribed by a bail schedule shall not be
considered presumptively reasonable when a judge subsequently
determines release conditions of the person.
C. F. The pretrial pre-appearance bail shall be set in a
numerical dollar amount. If the person fails to appear in court as
required, the judge shall may:
1. Rescind the bond and proceed to enter a judgment against the
defendant for the dollar amount of the pretrial pre-appearance bail
if no private bail was given at the time of release; provided,
however, the court clerk shall follow the procedures as set forth in
Section 1301 et seq. of Title 59 of the Oklahoma Statutes in
collecting the forfeiture amount against the person who fails to
appear in court; or
2. Rescind and forfeit the private bail if cash, property or
surety bail was furnished at the time of release as set forth in
Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
D. When a pretrial program exists in the judicial district
where the person is being held, the G. The judge may utilize the
services of the pretrial release services program when ordering
pretrial release, except when private bail has been furnished.
E. H. Upon an order for pretrial release or release on bond,
the person shall be released from custody without undue delay.
F. I. The court may require the person to be placed on an
electronic monitoring device as a condition of pretrial release,
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provided that the provisions of Section 251 of this title for
requiring such a condition have been satisfied.
G. J. In instances where an electronic monitoring device has
been ordered, the court may impose payment of a supervision fee.
Payment of the fee, in whole or according to a court-ordered
installment schedule, shall be a condition of pretrial release,
provided that a finding of ability to pay has been made in
accordance with Section 251 of this title. The court clerk shall
collect the supervision fees.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1105.2a of Title 22, unless
there is created a duplication in numbering, reads as follows:
A. A bond may not be modified, revoked, or forfeited absent a
hearing that complies with the procedural requirements for a
pretrial release hearing as provided in Section 251 of Title 22 of
the Oklahoma Statutes.
B. A bail modification hearing shall be scheduled:
1. At any time, upon a showing by any party that there has been
a change in material circumstances; or
2. Sua sponte by the court, within forty-eight (48) hours of
the imposition of a monetary bond condition if the person remains in
jail, unless at the time the bond was imposed the court found the
person unable to pay as provided in Section 251 of Title 22 of the
Oklahoma Statutes. The administrator of the jail in which the
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person is detained shall provide the court with the information
necessary to schedule hearings as provided in this subsection.
C. At a bail modification hearing:
1. The court may not revoke or forfeit bond, impose additional
or more restrictive conditions of release, or order the person
detained:
a. unless the substantive and procedural requirements for
imposing conditions at pretrial release hearings, as
provided in Section 251 of Title 22 of the Oklahoma
Statutes, are satisfied, or
b. on grounds that the person violated a condition of
pretrial release if:
(1) the rule or condition violated was imposed by any
entity other than the court, including court
services or pretrial services, or
(2) the condition violated was a requirement to pay a
monetary amount, absent a finding of willfulness;
and
2. A person shall not be jailed for failure to pay an unsecured
portion of bond following forfeiture absent a finding of ability to
pay that follows the procedural and substantive requirements for
determining ability to pay at a pretrial release hearing.
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D. Whenever a bond modification hearing is scheduled, and the
person is not in custody, the court shall provide notice to the
person, as follows:
1. Notice shall be provided in person or by mail at least seven
(7) calendar days before the hearing, and by telephone on the
business day before the scheduled hearing at every telephone number,
if any, provided by the person as provided in Section 251 of Title
22 of the Oklahoma Statutes; and
2. The notice shall include the time and date of the hearing,
the nature of the hearing, and an advisement that if the person does
not appear, a warrant may be issued for his or her arrest. The
reminder shall also include instructions for contacting the court by
telephone with any questions.
SECTION 7. AMENDATORY 22 O.S. 2021, Section 1105.3, is
amended to read as follows:
Section 1105.3. A. Any county pursuant to the provisions of
the Pretrial Release Act may establish and fund a There is hereby
created a statewide pretrial services program within each judicial
district of the state to be supervised by the Administrative Office
of the Courts and utilized by the district court in that each
jurisdiction.
B. When a 1. From funds appropriated or otherwise available
for the purpose of implementing the statewide pretrial release
services program is established pursuant to the Pretrial Release Act
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and private bail has not been furnished, the judge may order a
person to be evaluated through, the Administrative Office of the
Courts shall employ a chief administrative officer of the pretrial
services program for each judicial district who shall be the
director and who shall coordinate such staff, offices, equipment,
and contract services as are necessary to accomplish the purposes of
the pretrial services program. The director shall be selected by
the Administrative Office of the Courts after consultation with the
presiding judge of the judicial district and may be removed in the
same manner.
2. Subject to budget limitations established by the
Administrative Office of the Courts, the director shall employ
sufficient staff, contract for sufficient services, and provide
sufficient equipment, as provided by law, as are necessary to
accomplish the purposes of the pretrial services program within the
judicial district. After conducting an evaluation of the person
applying for pretrial release, the pretrial program shall make a
recommendation to the court. The recommendation shall indicate any
special supervisory conditions for pretrial release. The judge
shall consider the recommendations and may grant or deny pretrial
release. The presiding judge of the judicial district may issue a
standing order outlining criteria for cases that may automatically
be evaluated for pretrial release by a pretrial program operating in
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the jurisdiction. The standing order may include amounts for bail
and types of bonds deemed appropriate for certain offenses.
C. Except as otherwise authorized by the provisions of this
subsection, persons accused of or detained for any of the following
offenses or conditions shall not be eligible for pretrial release by
any pretrial program:
1. Aggravated driving under the influence of an intoxicating
substance;
2. Any felony driving under the influence of an intoxicating
substance;
3. Any offense prohibited by the Trafficking In Illegal Drugs
Act;
4. Any person having a violent felony conviction within the
past ten (10) years;
5. Appeal bond;
6. Arson in the first degree, including attempts to commit
arson in the first degree;
7. Assault and battery on a police officer;
8. Bail jumping;
9. Bribery of a public official;
10. Burglary in the first or second degree;
11. Civil contempt proceedings;
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12. Distribution of a controlled dangerous substance, including
the sale or possession of a controlled dangerous substance with
intent to distribute or conspiracy to distribute;
13. Domestic abuse, domestic assault or domestic assault and
battery with a dangerous weapon, or domestic assault and battery
with a deadly weapon;
14. Driving under the influence of intoxicating substance where
property damage or personal injury occurs;
15. Felony discharging a firearm from a vehicle;
16. Felony sex offenses;
17. Fugitive bond or a governor's fugitive warrant;
18. Immigration charges;
19. Kidnapping;
20. Juvenile or youthful offender detention;
21. Manslaughter;
22. Manufacture of a controlled dangerous substance;
23. Murder in the first degree, including attempts or
conspiracy to commit murder in the first degree;
24. Murder in the second degree, including attempts or
conspiracy to commit murder in the second degree;
25. Negligent homicide;
26. Out-of-county holds;
27. Persons currently on pretrial release who are arrested on a
new felony offense;
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28. Possession, manufacture, use, sale or delivery of an
explosive device;
29. Possession of a controlled dangerous substance on Schedule
I or II of the Controlled Dangerous Substances Act;
30. Possession of a firearm or other offensive weapon during
the commission of a felony;
31. Possession of a stolen vehicle;
32. Rape in the first degree, including attempts to commit rape
in the first degree;
33. Rape in the second degree, including attempts to commit
rape in the second degree;
34. Robbery by force or fear;
35. Robbery with a firearm or dangerous weapon, including
attempts to commit robbery with a firearm or dangerous weapon;
36. Sexual assault or violent offenses against children;
37. Shooting with intent to kill;
38. Stalking or violation of a Victim Protection Order;
39. Two or more prior felony convictions; or
40. Unauthorized use of a motor vehicle.
D. Other than a person accused of or detained for an offense
provided for in paragraph 13 or paragraph 38 of subsection C of this
section, a person not eligible for pretrial release pursuant to the
provisions of subsection C of this section may be released upon
order of a district judge, associate district judge or special judge
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under conditions prescribed by the judge, which may include an order
to require the defendant, as a condition of pretrial release, to use
or participate in any monitoring or testing including, but not
limited to, a Global Positioning System (GPS) monitoring device and
urinalysis testing. The court may further order the defendant to
pay costs and expenses related to any supervision, monitoring or
testing.
E. C. Every pretrial services program operating pursuant to the
provisions of the Pretrial Release Act shall meet the following
minimum criteria:
1. The program shall establish a procedure for screening and
evaluating persons who are detained or have been arrested for the
alleged commission of a crime. The program shall obtain criminal
history records on detained persons through the National Crime
Information Center (NCIC) and may obtain the following information:
a. contact information,
b. financial status, including:
(1) employment status and income,
(2) public benefits,
(3) alternate sources of income,
(4) number and relation of financial dependents,
(5) expenses, including for housing, utilities,
transportation, childcare, health care, fines and
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fees owed to courts and other government
entities, and court-ordered child support, and
(6) liquid assets, including bank accounts and cash
on hand,
c. community ties, including:
(1) current residence, length of time at current
residence, and other members of the household,
(2) past residences within the local or neighboring
counties,
(3) friends or family living within the local or
neighboring counties,
(4) personal or professional obligations in or ties
to the local or neighboring counties, and
(5) available means of transportation to court for
required appearances, and
d. previous criminal history;
2. Pretrial services staff may interview the person in custody
to obtain some or all of the information in paragraph 1 of this
subsection, in which case, pretrial services shall advise the person
that:
a. the interview is voluntary, and
b. any information provided will be shared with the court
for purposes of deciding whether the person is likely
to threaten the safety of anyone if the person is
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released, whether the person is likely to return for
court appearances if released, and if the person can
afford any amount of monetary bond.
D. 1. The information obtained from the screening and
evaluation process must be submitted in a written report without
unnecessary delay to the judge who is assigned to hear make pretrial
release applications when the person is eligible for pretrial
release; decisions.
2. The program shall provide reliable information to the judge
relating to the person applying for pretrial release so a reasonable
decision can be made concerning the amount and type of bail
conditions appropriate for pretrial release. The information
provided shall be based upon facts relating to the person's risk of
danger to the community and the risk of failure to appear for court;
and
3. The program shall make all reasonable attempts to provide
the court with information appropriate to each person considered for
pretrial release.
4. If the report is provided to the judge at or in advance of
the pretrial release hearing of the defendant or pretrial release
modification hearing, as provided in Sections 251 and 1105.2 of this
title respectively, a copy of the report shall be provided to the
state and to the attorney representing the defendant at the hearing,
or to any defendant appearing pro se.
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5. The judge setting or modifying release conditions may rely
on the information, provided the defendant has an opportunity to
review and contest the information provided.
6. A hearing under Section 251 of this title and Section 6 of
this act shall not be delayed to allow pretrial services additional
time to collect and provide information. Pretrial release and
modification hearings may proceed without complete information
collected or provided by pretrial services.
7. Pretrial services shall not make ex parte recommendations to
the court about appropriate release conditions.
F. E. 1. A pretrial program established pursuant to the
Pretrial Release Act may provide different methods and levels of
community-based supervision to meet any court-ordered conditions of
release. The program may use existing supervision methods for
persons who are released prior to trial. Pretrial programs which
employ peace officers certified by the Council on Law Enforcement
Education and Training (CLEET) are authorized to enforce court-
ordered conditions of release.
2. At a minimum, pretrial services shall be equipped, if
ordered by a court, to:
a. provide telephone or text notifications of court
dates,
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b. administer Global Positioning System (GPS) monitoring
and Secure Continuous Remote Alcohol Monitoring
(SCRAM),
c. administer drug and alcohol testing, and
d. monitor or facilitate periodic check-ins, house
arrest, and curfew restrictions.
3. Pretrial services may not impose or enforce any release
condition that has not been specifically ordered by a court.
G. F. Each pretrial services program established pursuant to
the Pretrial Release Act shall provide a quarterly report to the
Administrative Office of the Courts and the presiding judge of the
judicial district of the jurisdiction in which it operates. A copy
of the report shall be filed of record with the court clerk of the
jurisdiction. Each report shall include, but is not limited to, the
following information:
1. The total number of persons screened, evaluated or otherwise
considered for pretrial release pursuant to this section;
2. The total number and nature of recommendations made;
3. The number of persons admitted to supervised by the pretrial
release services program that failed to appear; and
4. 3. Any other information deemed appropriate by the reporting
judicial district or that the program desires to report.
H. Every pretrial release program established pursuant to this
section shall utilize the services of local providers; provided,
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however, any program in continuous existence since July 1, 1999,
shall be exempt from the provisions of this subsection.
SECTION 8. AMENDATORY 22 O.S. 2021, Section 1355A, is
amended to read as follows:
Section 1355A. A. When an indigent requests representation by
the Oklahoma Indigent Defense System, except those presumed eligible
for appointment of the System as established in subsection E of this
section, such person shall submit an appropriate application to the
court clerk, which shall state that the application is signed under
oath and under the penalty of perjury and that a false statement may
be prosecuted as such. The application shall state whether or not
the indigent has been released on bond. In addition, if the
indigent has been released Release on bond, the application shall
include a written statement from the not disqualify an applicant
that the applicant has contacted three named attorneys, licensed to
practice law in this state, and the applicant has been unable to
obtain legal counsel from receiving representation by the System. A
nonrefundable application fee of Forty Dollars ($40.00) shall be
paid to the court clerk at the time the application is submitted,
and no application shall be accepted without payment of the fee;
except that the court may, based upon the financial information
submitted, defer all or part of the fee if the court determines that
the person does not have the financial resources to pay the fee at
time of application, to attach as a court fee upon conviction. Any
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fees collected pursuant to this subsection shall be retained by the
court clerk, deposited in the Court Clerk's Revolving Fund, and
reported quarterly to the Administrative Office of the Courts.
B. 1. The Court of Criminal Appeals shall promulgate rules
governing the determination of indigency pursuant to the provisions
of Section 55 of Title 20 of the Oklahoma Statutes. The initial
determination of indigency shall be made by the Chief Judge of the
Judicial District or a designee thereof, based on the defendant's
application and the rules provided herein.
2. Upon promulgation of the rules required by law, the
determination of indigency shall be subject to review by the
Presiding Judge of the Judicial Administrative District. Until such
rules become effective, the determination of indigency shall be
subject to review by the Court of Criminal Appeals.
C. Before the court appoints the System based on the
application, the court shall advise the indigent or, if applicable,
a parent or legal guardian, that the application is signed under
oath and under the penalty of perjury and that a false statement may
be prosecuted as such. A copy of the application shall be sent to
the prosecuting attorney or the Office of the Attorney General,
whichever is appropriate, for review. Upon request by any party
including, but not limited to, the attorney appointed to represent
the indigent, the court shall hold a hearing on the issue of
eligibility for appointment of the System.
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D. If the defendant is admitted to bail and the defendant or
another person on behalf of the defendant posts a bond, other than
by personal recognizance, the court may consider such fact in
determining the eligibility of is unable to post the bail, there
shall be a rebuttable presumption that the defendant is eligible for
appointment of the System; provided, however, such consideration
shall not be the sole factor in the determination of eligibility.
If the defendant qualifies for this presumption, the application and
application fee provided for in this section shall be waived.
Factors that rebut such presumption shall include an income above
the poverty threshold of the state.
E. In counties served by the System, attorneys employed by or
contracted with the System may be appointed by the court to
represent defendants who appear without counsel at an initial
appearance and pretrial release hearing for the limited purpose of
providing counsel for determination of the conditions under which
the defendant will be held or released pretrial without the
application and application fee required by this section.
E. F. The System shall be prohibited from accepting an
appointment unless a completed application for court-appointed
counsel as provided by Form 13.3 of Section XIII of the Rules of the
Court of Criminal Appeals, 22 O.S. 2001, Ch. 18, App., has been
filed of record in the case.
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SECTION 9. AMENDATORY 22 O.S. 2021, Section 2002, is
amended to read as follows:
Section 2002. A. Disclosure of Evidence by the State.
1. Upon request of the defense, the state shall disclose the
following:
a. the names and addresses of witnesses which the state
intends to call at trial, together with their
relevant, written or recorded statement, if any, or if
none, significant summaries of any oral statement,
b. law enforcement reports made in connection with the
particular case,
c. any written or recorded statements and the substance
of any oral statements made by the accused or made by
a codefendant,
d. any reports or statements made by experts in
connection with the particular case, including results
of physical or mental examinations and of scientific
tests, experiments, or comparisons,
e. any books, papers, documents, photographs, tangible
objects, buildings or places which the prosecuting
attorney intends to use in the hearing or trial or
which were obtained from or belong to the accused,
f. any record of prior criminal convictions of the
defendant, or of any codefendant, and
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g. Oklahoma State Bureau of Investigation (OSBI) rap
sheet/records check on any witness listed by the state
or the defense as a witness who will testify at trial,
as well as any convictions of any witness revealed
through additional record checks if the defense has
furnished Social Security numbers or date of birth for
their witnesses, except OSBI rap sheet/record checks
shall not provide date of birth, Social Security
number, home phone telephone number or address.
2. The state shall provide the defendant any evidence favorable
to the defendant if such evidence is material to either guilt or
punishment.
3. The prosecuting attorney's obligations under this standard
extend to:
a. material and information in the possession or control
of members of the prosecutor's staff,
b. any information in the possession of law enforcement
agencies that regularly report to the prosecutor of
which the prosecutor should reasonably know, and
c. any information in the possession of law enforcement
agencies who have reported to the prosecutor with
reference to the particular case of which the
prosecutor should reasonably know.
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4. a. If the state intends to introduce testimony of a
jailhouse informant, the state shall disclose at least
ten (10) days prior to trial:
(1) the complete criminal history of such informant,
including any dismissed charges,
(2) any deal, promise, inducement or benefit that the
state or law enforcement agency has made or may
make in the future to the jailhouse informant in
connection with the testimony of such informant,
(3) the specific statements or recordings made by the
suspect or defendant and the time, place and
manner of the disclosure to the jailhouse
informant,
(4) all other filed cases in which the state intended
to introduce the testimony of the jailhouse
informant in connection with a deal, promise,
inducement or benefit, the nature of the deal,
promise, inducement or benefit, and whether the
testimony was admitted in the case,
(5) whether at any time the jailhouse informant
recanted the testimony or statement, and if so, a
transcript or copy of such recantation, if any,
and
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(6) any other information relevant to the credibility
of the informant.
b. Each district attorney's office shall maintain a
central record that tracks each case in which the
state intended to introduce the testimony of the
jailhouse informant against a suspect or defendant in
connection with a deal, promise, inducement or
benefit, the nature of the deal, promise, inducement
or benefit and whether such testimony or statements
were admitted in the case. Such record shall be sent
to the District Attorneys Council which shall maintain
a statewide record of such information. Records
maintained pursuant to this paragraph shall only be
accessible to prosecutors and shall not be subject to
the Oklahoma Open Records Act. By September 15 of
each year, the District Attorneys Council shall
publish an annual report of aggregate, de-identified
data regarding the total number of cases tracked
pursuant to this section, and the number of cases
added during the previous fiscal year pursuant to this
section by each district attorney's office. A copy of
the report shall be distributed to the Governor, the
President Pro Tempore of the Senate, the Speaker of
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the House of Representatives and the chairs of the
Senate and House Judiciary Committees.
c. For purposes of this paragraph, "jailhouse informant"
means a person who provides, or who the prosecutor
intends to provide, testimony about admissions or
other relevant information made to him or her by the
suspect or defendant while both persons were detained
or incarcerated in a penal institution.
B. Disclosure of Evidence by the Defendant.
1. Upon request of the state, the defense shall be required to
disclose the following:
a. the names and addresses of witnesses which the defense
intends to call at trial, together with their
relevant, written or recorded statement, if any, or if
none, significant summaries of any oral statement,
b. the name and address of any witness, other than the
defendant, who will be called to show that the
defendant was not present at the time and place
specified in the information or indictment, together
with the witness' statement to that fact,
c. the names and addresses of any witness the defendant
will call, other than himself, for testimony relating
to any mental disease, mental defect, or other
condition bearing upon his mental state at the time
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the offense was allegedly committed, together with the
witness' statement of that fact, if the statement is
redacted by the court to preclude disclosure of
privileged communication.
2. A statement filed under subparagraph a, b or c of paragraph
1 of subsection A or B of this section is not admissible in evidence
at trial. Information obtained as a result of a statement filed
under subsection A or B of this section is not admissible in
evidence at trial except to refute the testimony of a witness whose
identity subsection A of this section requires to be disclosed.
3. Upon the prosecuting attorney's request after the time set
by the court, the defendant shall allow him access at any reasonable
times and in any reasonable manner to inspect, photograph, copy, or
have reasonable tests made upon any book, paper, document,
photograph, or tangible object which is within the defendant's
possession or control and which:
a. the defendant intends to offer in evidence, except to
the extent that it contains any communication of the
defendant, or
b. is a report or statement as to a physical or mental
examination or scientific test or experiment made in
connection with the particular case prepared by and
relating to the anticipated testimony of a person whom
the defendant intends to call as a witness, provided
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the report or statement is redacted by the court to
preclude disclosure of privileged communication.
C. Continuing Duty to Disclose.
If, prior to or during trial, a party discovers additional
evidence or material previously requested or ordered, which is
subject to discovery or inspection under the Oklahoma Criminal
Discovery Code, such party shall promptly notify the other party,
the attorney of the other party, or the court of the existence of
the additional evidence or material.
D. Time of Discovery.
Motions for discovery may be made at the time of the district
court arraignment or thereafter; provided that requests for police
reports may be made subject to the provisions of Section 258 of this
title. However, a request pursuant to Section 258 of this title
shall be subject to the discretion of the district attorney.
Discovery shall be provided to the defendant as soon as practicable
after the motion is filed. All issues relating to discovery, except
as otherwise provided, will be completed before a plea of guilty or
nolo contendere or at least ten (10) days prior to trial. The court
may specify the time, place and manner of making the discovery and
may prescribe such terms and conditions as are just. Before
acceptance of a plea of guilty or nolo contendere, or before trial,
each party shall acknowledge in writing or on the record in open
court the disclosure, receipt, and list of all documents, items, and
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information provided to the defendant under this section. If, at
any time before, during, or after trial or plea of guilty or nolo
contendere, the state discovers any additional document, item, or
information required to be disclosed under subsection A of this
section, the state shall promptly disclose the existence of the
document, item, or information to the defendant or the court.
E. Regulation of Discovery.
1. Protective and Modifying Orders. Upon motion of the state
or defendant, the court may at any time order that specified
disclosures be restricted, or make any other protective order. If
the court enters an order restricting specified disclosures, the
entire text of the material restricted shall be sealed and preserved
in the records of the court to be made available to the appellate
court in the event of an appeal.
2. Failure to Comply with a Request. If at any time during the
course of the proceedings it is brought to the attention of the
court that a party has failed to comply with this rule, the court
may order such party to permit the discovery or inspection, grant
continuance, or prohibit the party from introducing evidence not
disclosed, or it may enter such other order as it deems just under
the circumstances.
3. The discovery order shall not include discovery of legal
work product of either attorney which is deemed to include legal
research or those portions of records, correspondence, reports, or
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memoranda which are only the opinions, theories, or conclusions of
the attorney or the attorney's legal staff.
F. Reasonable cost of copying, duplicating, videotaping,
developing or any other cost associated with this Code for items
requested shall be paid by the party so requesting; however, any
item which was obtained from the defendant by the state of which
copies are requested by the defendant shall be paid by the state.
Provided, if the court determines the defendant is indigent and
without funds to pay the cost of reproduction of the required items,
the cost shall be paid by the Indigent Defender System, unless
otherwise provided by law.
SECTION 10. This act shall become effective November 1, 2025.
60-1-10675 GRS 01/13/25