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ENGR. S. B. NO. 1381 Page 1
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ENGROSSED SENATE
BILL NO. 1381 By: Rader of the Senate
and
Harris of the House
[ Pretrial Release Pilot Program – district court –
program requirements – procedures – bond conditions –
district attorney report - Pretrial Release Pilot
Assistance Revolving Fund – codification - 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 251.1 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. The Supreme Court is hereby authorized to establish a three-
year Pretrial Release Pilot Program to facilitate district courts in
conducting due process compliant individualized hearings for
detainees on criminal charges to determine whether they should be
held or released pending trial, and to set applicable release
conditions. The pilot program shall be implemented in a county with
a population of seven hundred fifty thousand (750,000) or more
according to the the latest Federal Decennial Census that is served
by an office of public defender.
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B. The Pretrial Release Pilot Program shall require the
participating district court to:
1. Conduct a pretrial release hearing no later than forty-eight
(48) hours after a detainee is taken into custody, except on
weekends or holidays, in which case no later than seventy-two (72)
hours, to determine the conditions under which a detainee who is
incarcerated will be held or released pending trial;
2. At the time of booking into detention, provide notification
to a detainee of the upcoming pretrial release hearing and of his or
her rights at the hearing; and
3. At the pretrial release hearing:
a. provide appointed legal counsel unless the detainee
has retained counsel or has been advised of and
knowingly waives the assistance of counsel. The
defendant shall have the opportunity to consult with
his or her attorney prior to and during the pretrial
release hearing,
b. afford the detainee the opportunity to examine and
challenge evidence relevant to the release
determination presented to or considered by the court,
to cross-examine any witnesses, to present evidence
and witness testimony, and to make arguments,
c. give meaningful consideration and an individualized
determination by the judge of whether pretrial
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detention of the detainee is necessary to ensure the
safety of the community or to ensure his or her return
to court, with the burden on the state to prove that
detention is necessary,
d. unless the detainee is to be held in detention, impose
the least restrictive condition or a set of
conditions, such as location monitoring, non-contact
orders, or other protective conditions, necessary to
reasonably prevent the risk of non-appearance and any
threat of physical harm to one or more members of the
public,
e. make specific findings as to financial ability of the
detainee to pay a secured bond, recognizing that the
imposition of unaffordable bail amounts to a de facto
order denying bail,
f. make audio recordings of pretrial release hearings,
findings and orders without the necessity of a request
from the detainee or his or her counsel, retained as
official records available for review purposes,
whether transcribed, with equipment and in a format
which will enable the preparation of a transcript, and
g. for orders denying bail for offenses under Section 8
of Article II of the Oklahoma Constitution, comply
with Brill v. Gurich, 965 P.2d 404.
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C. Rules for the admissibility of evidence shall not apply at
pretrial release hearings.
D. If the detainee, his or her attorney, or the attorney for
the state requests the opportunity to call witnesses who are not
currently present or available, the court may render an initial
decision and continue the pretrial release hearing for up to three
(3) days, exclusive of weekends and holidays.
E. For detainees who are released on conditions other than cash
bail, the court shall require the attorney for the detainee to
ensure that the detainee is registered on the text messaging service
provided by the Supreme Court to receive text reminders before each
scheduled court appearance or to file a declaration opting out of
the service on a form provided by the district court.
F. Any secured or partially secured bond condition shall be
deemed an order denying bail unless the court finds the defendant
has the present ability to pay the secured portion of the bond.
G. The district attorney in the county where the pilot program
is implemented shall display quarterly on the district attorney’s
official website the following information:
1. Total number of pretrial release hearings held;
2. Total number of people released;
3. Reasons for release;
4. Length of time from booking into detention to hearing; and
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5. Total number of people returned to custody for failure to
appear, violation of conditions, new offense, or other reasons.
H. The “Pretrial Release Pilot Assistance Revolving Fund” is
hereby created in the State Treasury for the Administrative Office
of the Courts. The fund shall be a continuing fund, not subject to
fiscal year limitations, and shall consist of all monies
appropriated to or otherwise received by the Administrative Office
of the Courts for the Pretrial Release Pilot Program from funds
appropriated to the fund, federal funds, gifts, donations, and
grants. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Administrative
Office of the Courts for the purpose of contracting with a district
court to provide a Pretrial Release Pilot Program. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the Senate the 25th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives