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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4416 By: Blancett
AS INTRODUCED
An Act relating to pretrial data; creating the
Pretrial Data Collection Act; defining terms;
requiring certain entities to collect specific data;
requiring certain entities to report the collected
data to the Oklahoma State Bureau of Investigation;
specifying types of data to be collected; providing
for publication of datasets; requiring certain public
format; specifying submission dates; authorizing
county commissioner to bring an action for
noncompliance; 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 to be codified
in the Oklahoma Statutes as Section 150.39 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Pretrial
Data Collection Act".
B. As used in this act:
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1. "Average cost for jail stay" means the average daily cost to
house an inmate including, but not limited to, average medical care
costs, daily stay fees, extra food, and transportation;
2. "Case number" means the identification number assigned by
the clerk of the court to a criminal case;
3. "Charge description" means the statement of the conduct that
is alleged to have been violated, the associated statutory section
establishing such conduct as criminal, and the misdemeanor or felony
classification that is provided for in the statutory section alleged
to have been violated;
4. "Charge modifier" means an aggravating circumstance of an
alleged crime that enhances or reclassifies a charge to a more
serious misdemeanor or felony offense;
5. "Cited offense" means the alleged offense for which an
arrest occurred, including the state or municipal code under which
the offense is alleged;
6. "Co-occurring disorder" means any combination of mental
health symptoms and substance use disorder symptoms or diagnoses
that affect a consumer and are typically determined by the current
Diagnostic and Statistical Manual of Mental Disorders;
7. "Criminal charge against" means information related to the
formal charges filed against a defendant, including charge
description, as defined in this section, code section, jurisdiction,
and charge modifier, as defined in this section, if applicable;
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8. "Date of arrest" means the day, month, and year the arrest
occurred;
9. "Date of entrance" means the day, month, and year of
entrance into a county jail or detention facility;
10. "Demographic information" means identifying information
including name, age, race and ethnicity, gender, ZIP Code of primary
residence, and unhoused status;
11. "Mental illness" means a substantial disorder of thought,
mood, perception, psychological orientation or memory that
significantly impairs judgment, behavior, capacity to recognize
reality, or ability to meet the ordinary demands of life;
12. "Offense location" means the county in which the offense is
alleged to have occurred;
13. "Operational capacity" means the maximum number of inmates
a county jail or detention facility can hold;
14. "Release date" means the day, month, and year a defendant
is released from a county jail or detention facility;
15. "Substance-use disorders" means alcohol or drug dependence
or psychoactive substance use disorder, as defined by current
Diagnostic and Statistical Manual of Mental Disorders criteria or by
other standardized and widely accepted criteria; and
16. "Term of sentence" means the sentence type and length
imposed by the court including, but not limited to, the total
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duration of imprisonment in a county jail or detention facility and
conditions of probation or community supervision.
C. Beginning January 1, 2027, an entity required to collect
data in accordance with the provisions of this act shall collect the
specified data required of the entity on a monthly basis. Each
entity shall report the data collected to the Oklahoma State Bureau
of Investigation on a monthly basis.
1. Municipal police departments and county sheriff offices
shall collect for each individual arrested the following
information:
a. arrest location,
b. date of arrest,
c. race of detainee,
d. ethnicity of detainee,
e. age of detainee,
f. gender of detainee,
g. ZIP Code of residence of detainee, if applicable, and
h. cited offense.
2. County jail and county detention facilities shall collect
for each confined person the following information:
a. date of entrance,
b. name,
c. date of birth,
d. gender,
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e. race,
f. ethnicity,
g. pregnancy or postpartum status,
h. mental illness, co-occurring disorder, substance abuse
disorder, history of opioid use, if any,
i. last-known residential ZIP Code, if applicable,
j. unhoused status,
k. Medicaid enrollment status,
l. any criminal charges against the person by code
section and jurisdiction,
m. term of sentence,
n. bond amount,
o. if bond is set, and
p. release date.
3. Each county jail and county detention facility shall collect
the following information:
a. average costs for jail stay per day for a confined
person,
b. average medical care costs for a confined person,
c. daily stay fee and rate for a confined person,
d. bill for medical costs for all confined persons,
e. bill for extra food for all confined persons,
f. bill for transportation for all confined persons,
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g. operational capacity of the county jail and county
detention facility,
h. for each confined person, counting only one time, and
with accompanying demographic information:
(1) the number of sentenced confined people,
(2) the number of unsentenced confined people with a
hold and what kind of hold each unsentenced
person has including, but not limited to, tribal
or federal holds,
(3) the number of unsentenced confined people without
a hold, and
(4) the number of unsentenced people admitted for a
probation violation or violation of community
sentencing standards,
i. for unsentenced confined people, counting only one
time, and with accompanying demographic information:
(1) the number of unsentenced confined people whose
most serious charged offense is a felony, and
(2) the number of unsentenced confined people whose
most serious charged offense is a misdemeanor,
j. number of confined people held solely for a municipal
offense with accompanying demographic information,
k. average daily population of the jail facility with
accompanying demographic information,
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l. average or median length of stay with accompanying
demographic information:
(1) number of people who were released within the
prior twelve (12) months whose most serious
offense was a felony, and
(2) number of people who were released within the
prior twelve (12) months whose most serious
offense was a misdemeanor,
m. number of confined people identified as unhoused with
accompanying demographic information,
n. number of bookings into the jail facility with
accompanying demographic information,
o. number of people screened at intake for mental health
and substance use disorders using a validated
screening tool,
p. number of people referred to mental health or
substance use services based on intake behavioral
health screening,
q. number of people receiving psychotropic medication,
r. number of people receiving medications for opioid use
disorder or medication assisted treatment,
s. number of people awaiting competency evaluation,
t. number of deaths in the jail, and
u. cause of any reported death.
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D. The Bureau shall publish datasets in its possession in a
modern, open, electronic format that is machine-readable and readily
accessible by the public on the website of the Bureau. The
published data shall be searchable, at a minimum, by each data
element, county, circuit, and unique identifier. Agencies that
employ five hundred (500) or more employees shall submit data to the
Bureau by July 1, 2027. Agencies that employ more than one hundred
(100), but less than five hundred (500) employees shall submit data
to the Bureau by July 1, 2028. Agencies with more than zero (0) and
less than one hundred (100) employees shall submit data to the
Bureau by July 1, 2029.
E. Upon a determination by the Bureau of noncompliance, any
member of any board of county commissioners may bring an action in a
district court having jurisdiction over the county from which the
county commissioner serves to force compliance. If any entity
covered under the provisions of this act encompasses more than one
county, upon a determination by the Bureau of noncompliance, a
county commissioner serving from any of the encompassed counties may
bring such action against the entity.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14274 GRS 12/02/25