Oklahoma doc compact

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					                                        Oklahoma

Bail Laws:
     Restrictions to Release:
          o 1) Capital Offenses, 2) Violent Offenses, 3) Offenses where maximum sentence
               could be life imprisonment or life w/o parole, 4) Felony offenses when person
               charged has been convicted of 2 or more prior felony offenses arising out of
               different transactions, 5) CDS offenses where max sentence may be at least 10
               years (Constitution Art.2, Sec. 8)(OK Statutes Title 22, Section 22-1101)
          o Except as otherwise provided by law, bail, by sufficient sureties, shall be
               admitted upon all arrests in criminal cases where the offense is not punishable by
               death and in such cases it may be taken by any of the persons or courts
               authorized by law to arrest, to imprison offenders or to perform pretrial services,
               or by the clerk of the district court or his or her deputy, or by the judge of such
               courts. (OK Statutes Title 22 Sec 22-1101(A))
     To Overcome these Restrictions:
          o 1) When the proof of guilt is not evident or the presumption thereof is not great,
               2)-5) proof of guilt must not be evident or the presumption must not be great, and
               it must not be on the grounds that no condition of release would assure the safety
               of the community/any person. (Constitution Art.2, Sec.8)(OK Statutes Title 22,
               Sec.22-1101)
          o In criminal cases where the defendant is currently an escaped prisoner from the
               Department of Corrections, the defendant must be processed back into the
               Department of Corrections prior to bail being set on new criminal charges. C.
               All persons shall be bailable by sufficient sureties, except that bail may be denied
               for: 1. Capital offenses when the proof of guilt is evident, or the presumption
               thereof is great; 2. Violent offenses; 3. Offenses where the maximum sentence
               may be life imprisonment or life imprisonment without parole; 4. Felony
               offenses where the person charged with the offense has been convicted of two or
               more felony offenses arising out of different transactions; and 5. Controlled
               dangerous substances offenses where the maximum sentence may be at least ten
               (10) years’ imprisonment. On all offenses specified in paragraphs 2 through 5 of
               this subsection, the proof of guilt must be evident, or the presumption must be
               great, and it must be on the grounds that no condition of release would assure the
               safety of the community or any person. (OK Statutes Title 22 Sec 22-1101(B))
     When Accused may be Detained:
     Are there Presumptions of Non-Financial Release:
          o Yes
          o In addition to other provisions of law for posting bail, any person, whether a
               resident of this state or a nonresident, who is arrested by a law enforcement
               officer solely for a misdemeanor violation of a state traffic law or municipal
               traffic ordinance, shall be released by the arresting officer upon personal
               recognizance if: 1) The arrested person has been issued a valid license to
               operate a motor vehicle by this state, another state jurisdiction within the United
               States, which is a participant in the Nonresident Violator Compact or any party
               jurisdiction of the Nonresident Violator Compact, 2) The arresting officer is
               satisfied as to the identity of the arrested person, 3) The arrested person signs a
               written promise to appear as provided for on the citation, unless the person is
               unconscious or injured and requires immediate medical treatment as determined
               by a treating physician, and 4) The violation does not constitute: a. a felony, or
           b. negligent homicide, or c. driving or being in actual physical control of a motor
           vehicle while impaired or under the influence of alcohol or other intoxicating
           substances, unless the person is unconscious or injured and requires immediate
           medical treatment as determined by a treating physician, or d. eluding or
           attempting to elude a law enforcement officer, or e. operating a motor vehicle
           without having been issued a valid driver license, or while the driving privilege
           and driver license is under suspension, revocation, denial or cancellation, or f. an
           arrest based upon an outstanding warrant, or g. a traffic violation coupled with
           any offense stated in subparagraphs a through f of this paragraph.(OK Statutes
           Title 22, Sec.22- 1115.1)
       o Release on personal recognizance - Arraignment - Plea - Failure to plead or
           appear. A. In addition to other provisions of law for posting bail, any person,
           whether a resident of this state or a nonresident, who is arrested by a law
           enforcement officer solely for a misdemeanor violation of a state traffic law or
           municipal traffic ordinance, shall be released by the arresting officer upon
           personal recognizance if: 1. The arrested person has been issued a valid license
           to operate a motor vehicle by this state, another state jurisdiction within the
           United States, which is a participant in the Nonresident Violator Compact or any
           party jurisdiction of the Nonresident Violator Compact; 2. The arresting officer
           is satisfied as to the identity of the arrested person; 3. The arrested person signs a
           written promise to appear as provided for on the citation, unless the person is
           unconscious or injured and requires immediate medical treatment as determined
           by a treating physician; and 4. The violation does not constitute: a.         a
           felony, or b.      negligent homicide, or c.         driving or being in actual
           physical control of a motor vehicle while impaired or under the influence of
           alcohol or other intoxicating substances, unless the person is unconscious or
           injured and requires immediate medical treatment as determined by a treating
           physician, or d. eluding or attempting to elude a law enforcement officer, or e.
                     operating a motor vehicle without having been issued a valid driver
           license, or while the driving privilege and driver license is under suspension,
           revocation, denial or cancellation, or f. an arrest based upon an outstanding
           warrant, or g. a traffic violation coupled with any offense stated in
           subparagraphs a through f of this paragraph. (OK Statutes Title 22, Sec.22-
           1115.1(A))
       o Own recognizance bonds set in a penal amount shall be posted by executing an
           own recognizance indenture contract which shall be executed and maintained by
           the district court clerk. The indenture shall constitute an inchoate obligation to
           pay in the event forfeiture proceedings are commenced and result in a final order
           of forfeiture by the authorizing and issuing judge of the district court. (OK
           Statutes Title 22 Sec 22-1108.1(A))
   Danger Laws:
       o In criminal cases where the defendant is currently an escaped prisoner from the
           Department of Corrections, the defendant must be processed back into the
           Department of Corrections prior to bail being set on new criminal charges. (OK
           Statutes Title 22 Sec 22-1101(B))
       o There shall be a rebuttable presumption that no condition of release would assure
           the safety of the community if the state shows by clear and convincing evidence
           that the person was arrested for a violation of Section 741 of Title 21 of the
           Oklahoma Statutes. (OK Statutes Title 22 Sec 22-1101(D))
       o Offenses relating to prostitution bailable. Bail, by sufficient sureties, may be
           admitted upon all arrests for violations of Sections 1028, 1029, 1030, or 1081 of
    Title 21 of the Oklahoma Statutes and shall be in an amount of not less than
    Fifteen Thousand Dollars ($15,000.00). Bail on personal recognizance bond for
    such offenses shall not be admitted. (OK Statutes Title 22 Sec 22-1101.1)
o   B. No police officer or sheriff may release a person arrested for a violation of an
    ex parte or final protective order as provided in Sections 60.2 and 60.3 of this
    title, or arrested for an act constituting domestic abuse as specified in Section 644
    of Title 21 of the Oklahoma Statutes, or arrested for any act constituting domestic
    abuse, stalking or harassment as defined by Section 60.1 of this title without the
    violator appearing before a magistrate, judge or court. The magistrate, judge or
    court shall determine bond and other conditions of release as necessary for the
    protection of the alleged victim. C. No police officer or sheriff may release a
    person arrested for any violation of subsection G of Section 2-401 of Title 63 of
    the Oklahoma Statutes, without the violator appearing before a magistrate, judge,
    or court. In determining bond and other conditions of release, the magistrate,
    judge, or court shall consider any evidence that the person is in any manner
    dependent upon a controlled dangerous substance or has a pattern of regular,
    illegal use of any controlled dangerous substance. A rebuttable presumption that
    no conditions of release on bond would assure the safety of the community or
    any person therein shall arise if the state shows by clear and convincing
    evidence: 1. The person was arrested for a violation of subsection G of Section
    2-401 of Title 63 of the Oklahoma Statutes, relating to manufacturing or
    attempting to manufacture a controlled dangerous substance, or possessing any of
    the substances listed in subsection G of Section 2-401 of Title 63 of the
    Oklahoma Statutes with the intent to manufacture a controlled dangerous
    substance; and 2. The person is in any manner dependent upon a controlled
    dangerous substance or has a pattern of regular illegal use of a controlled
    dangerous substance, and the violation referred to in paragraph 1 of this
    subsection was committed or attempted in order to maintain or facilitate the
    dependence or pattern of illegal use in any manner. (OK Statutes Title 22 Sec.
    1105(B-C))
o   Bail when crime is punishable by death. Bail, by sufficient sureties, may be
    admitted upon all arrests in criminal cases where the punishment may be death,
    unless the proof is evident or the presumption great; and in such cases it shall be
    taken only by the Criminal Court of Appeals or a district or superior court, or by
    a justice or judge thereof, who shall exercise their discretion therein, having
    regard to the nature and circumstances of the offense, and of the evidence and to
    the usages of law; but if the case has been tried by jury, and the jury have
    disagreed on their verdict, then the above presumption is removed, and the
    defendant shall thereupon be entitled to bail, unless it shall appear to the court or
    judge thereof, by due proof, that such disagreement was occasioned by the
    misconduct of the jury. (OK Statutes Title 22, Sec 22-1102)
o   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; 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 or domestic assault and battery; 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; 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. (OK Statutes Title 22
            Sec.22-1105.3(C))
   Increased Penalties for Crime on Bail:
        o Any party charged with a criminal offense and admitted to bail may be arrested
            by his bail at any time before they are finally discharged, and at any place within
            the state; or by a written authority indorsed on a certified copy of the
            recognizance, bond or undertaking, may empower any officer or person of
            suitable age and discretion, to do so, and he may be surrendered and delivered to
            the proper sheriff or other officer, before any court, judge or magistrate having
            the proper jurisdiction in the case; and at the request of such bail the court, judge
            or magistrate shall recommit the party so arrested to the custody of the sheriff or
            other officer, and endorse on the cognizance, bond or undertaking, or certified
            copy thereof, after notice to the district attorney, and if no cause to the contrary
            appear, the discharge and exoneration of such bail; and the party so committed
            shall therefrom be held in custody until discharged by due course of law. (OK
            Statutes Title 22 Sec 22-1107)
        o Whoever, having been admitted to bail or released on recognizance, bond, or
            undertaking for appearance before any magistrate or court of the State of
            Oklahoma, incurs a forfeiture of the bail or violates such undertaking or
            recognizance and willfully fails to surrender himself within five (5) days
            following the date of such forfeiture shall, if the bail was given or undertaking or
            recognizance extended in connection with a charge of felony or pending appeal
            or certiorari after conviction of any such offense, be guilty of a felony and shall
            be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not
            more than one (1) year, or both. Nothing in this section shall be construed to
            interfere with or prevent the exercise by any court of its power to punish for
            contempt. (OK Statutes Title 22 Sec 22-1110)
   Factors in Determining Bail:
        o   The amt. of bail shall be such as in the judgment of the convening authority or
            the court-martial will ensure the presence of the accused before proper court-
            martial. Factors in determining bail are: 1) seriousness of offense charged, 2)
            weight of evidence, 3) previous criminal record, 4) ability of defendant to give
            bail, 5) any other circumstances affecting the probability of the appearance of the
            defendant. (OK Statutes Title 44, Sec.44-2204)
        o Sec. 44 is Titled Militia and it says 44-2204 has been repealed
   Conditions of Release:
        o The court may require the person to be placed on an electronic monitoring device
            as a condition of pretrial release.(OK Statutes Title 22, Sec.22-1105.2)
        o G. The court may require the person to be placed on an electronic monitoring
            device as a condition of pretrial release. H. 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. The court clerk
            shall collect the supervision fees. (OK Statutes Title 22 Sec 22-1105.2(G-H))
   Types of Bail:
        o Own recognizance bonds set in a penal amount shall be posted by executing an
            own recognizance indenture contract which shall be executed and maintained by
            the district court clerk. The indenture shall constitute an inchoate obligation to
            pay in the event forfeiture proceedings are commenced and result in a final order
            of forfeiture by the authorizing and issuing judge of the district court. (OK
            Statutes Title 22 Sec 22-1108(A))
        o A deposit of the sum of money mentioned in the order admitting to bail is
            equivalent to bail and upon such deposit the defendant must be discharged from
            custody. (OK Statutes Title 22 Sec 22-1106)
        o Bail, by sufficient sureties, may be admitted upon all arrests for violations of
            Sections 1028, 1029, 1030, or 1081 of Title 21 of the Oklahoma Statutes and
            shall be in an amount of not less than Fifteen Thousand Dollars ($15,000.00).
            Bail on personal recognizance bond for such offenses shall not be admitted. (OK
            Statutes Title 22 Sec 22-1101.1)
   Bail Schedule:
        o Every judicial district may, upon the order of the presiding judge for the district,
            establish a pretrial bail schedule for felony or misdemeanor offenses, except for
            traffic offenses included in subsections B, C and D of Section 1115.3 of Title 22
            of the Oklahoma Statutes and those offenses specifically excluded herein.(OK
            Statutes Title 22, Sec.22-1105.2)
        o C. When formal charges or an indictment has been filed, bail shall be set
            according to law and the pretrial bond, if any, may be reaffirmed unless additional
            security is required. Every judicial district may, upon the order of the presiding
            judge for the district, establish a pretrial bail schedule for felony or misdemeanor
            offenses, except for traffic offenses included in subsections B, C and D of
            Section 1115.3 of Title 22 of the Oklahoma Statutes and those offenses
            specifically excluded herein. 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. (OK Statutes
            Title 22 Sec 22-1105.2(C))
        o   When formal charges or an indictment has been filed, bail shall be set according
            to law and the pretrial bond, if any, may be reaffirmed unless additional security
            is required. Every judicial district may, upon the order of the presiding judge for
            the district, establish a pretrial bail schedule for felony or misdemeanor offenses,
            except for traffic offenses included in subsections B, C and D of Section 1115.3
            of Title 22 of the Oklahoma Statutes and those offenses specifically excluded
            herein. 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. (OK Statutes Title 22, Sec 22-1105.2(C))
   Time allowed between Arrest & Initial Appearance:

				
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Description: Oklahoma doc compact