reglab/housing_qa huggingface dataset:
22 OK Stat § 22-1081 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1081. Commencement of proceeding.

|A proceeding is commenced by filing a verified "application for post-conviction relief" with the clerk of the court imposing judgment if an appeal is not pending. When such a proceeding arises from the revocation of parole or conditional release, the proceeding shall be commenced by filing a verified "application for post-conviction relief" with the clerk of the district court in the county in which the parole or conditional release was revoked. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The Court of Criminal Appeals may prescribe the form of the application and verification. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the district attorney. |Laws 1970, c. 220, § 2, eff. July 1, 1970.
22 OK Stat § 22-1082 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1082. Court costs and expenses of representation.

|If the applicant is unable to pay court costs and expenses of representation, he shall include an affidavit to that effect with the application, which shall then be filed without costs. Counsel necessary in representation shall be made available to the applicant after filing the application on a finding by the court that such assistance is necessary to provide a fair determination of meritorious claims. If an attorney is appointed to represent such an applicant then the fees and expenses of such attorney shall be paid from the court fund. |Laws 1970, c. 220, § 3, eff. July 1, 1970.
22 OK Stat § 22-1083 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1083. Response by state - Disposition of application.

|A. Within thirty (30) days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. When an applicant asserts a claim of ineffective assistance of counsel, the state shall have ninety (90) days after the docketing of the application to respond by answer or by motion. In considering the application, the court shall take account of substance, regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application; or such records may be ordered by the court. The court may also allow depositions and affidavits for good cause shown. |B. When a court is satisfied, on the basis of the application, the answer or motion of respondent, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may order the application dismissed or grant leave to file an amended application. Disposition on the pleadings and record is not proper if there exists a material issue of fact. The judge assigned to the case should not dispose of it on the basis of information within his personal knowledge not made a part of the record.C. The court may grant a motion by either party for summary disposition of the application when it appears from the response and pleadings that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. An order disposing of an application without a hearing shall state the court's findings and conclusions regarding the issues presented.Added by Laws 1970, c. 220, § 4, eff. July 1, 1970. Amended by Laws 2014, c. 216, § 1, eff. Nov. 1, 2014.
22 OK Stat § 22-1084 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1084. Evidentiary hearing - Findings of fact and conclusions of law.

|If the application cannot be disposed of on the pleadings and record, or there exists a material issue of fact, the court shall conduct an evidentiary hearing at which time a record shall be made and preserved. The court may receive proof by affidavits, depositions, oral testimony, or other evidence and may order the applicant brought before it for the hearing. A judge should not preside at such a hearing if his testimony is material. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment. |Laws 1970, c. 220, § 5, eff. July 1, 1970.
22 OK Stat § 22-1085 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1085. Finding in favor of applicant.

|If the court finds in favor of the applicant, it shall vacate and set aside the judgment and sentence and discharge or resentence him, or grant a new trial, or correct or modify the judgment and sentence as may appear appropriate. The court shall enter any supplementary orders as to rearraignment, retrial, custody, bail, discharge, or other matters that may be necessary and proper. |Laws 1970, c. 220, § 6, eff. July 1, 1970.
22 OK Stat § 22-1086 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1086. Subsequent application.

|All grounds for relief available to an applicant under this act must be raised in his original, supplemental or amended application. Any ground finally adjudicated or not so raised, or knowingly, voluntarily and intelligently waived in the proceeding that resulted in the conviction or sentence or in any other proceeding the applicant has taken to secure relief may not be the basis for a subsequent application, unless the court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the prior application. |Laws 1970, c. 220, § 7, eff. July 1, 1970.
22 OK Stat § 22-1087 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1087. Appeal to Court of Criminal Appeals.

|A final judgment entered under this act may be appealed to the Court of Criminal Appeals on petition in error filed either by the applicant or the state within thirty (30) days from the entry of the judgment. Upon motion of either party on filing of notice of intent to appeal, within ten (10) days of entering the judgment, the district court may stay the execution of the judgment pending disposition on appeal; provided, the Court of Criminal Appeals may direct the vacation of the order staying the execution prior to final disposition of the appeal. |Laws 1970, c. 220, § 8, eff. July 1, 1970.
22 OK Stat § 22-1088 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1088. Short title.

|This act may be cited as the "Post-Conviction Procedure Act". |Laws 1970, c. 220, § 9.
22 OK Stat § 22-1088.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1088.1. Post-conviction relief applications - Reasonable inquiry - Sanctions.

|A. By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, written motion or other papers regarding an application for post-conviction relief an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: |1. It is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;2. The claims and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and3. The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.B. If, after notice and a reasonable opportunity to respond, the Court of Criminal Appeals determines that this section has been violated, the court may impose an appropriate sanction upon the attorneys, law firms, or parties that have violated this section. The Court of Criminal Appeals may adopt and publish rules to implement this section.Added by Laws 1995, c. 256, § 3, eff. Nov. 1, 1995.
22 OK Stat § 22-1089.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1089.1. State may appeal certain adverse rulings or orders.

|The State of Oklahoma, by and through the district attorney or Attorney General, shall have the right to appeal an adverse ruling or order of a magistrate sustaining a motion to suppress evidence, quashing an information, sustaining a plea to the jurisdiction of the court, failing to find prosecutive merit in a hearing pursuant to Section 2-2-403 of Title 10A of the Oklahoma Statutes, sustaining a demurrer to the information, binding the defendant over for trial on a charge other than the charge for the original offense, or discharging a defendant at the preliminary examination because of insufficiency of the evidence to establish either that a crime has been committed or that there is probable cause to believe that the accused has committed a felony. Such an appeal shall be taken in accordance with the procedures provided in this act. |Added by Laws 1987, c. 162, § 1, emerg. eff. June 25, 1987. Amended by Laws 1989, c. 348, § 15, eff. Nov. 1, 1989; Laws 2009, c. 234, § 133, emerg. eff. May 21, 2009.
22 OK Stat § 22-1089.2 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1089.2. Notice of intent to appeal - Application to appeal.

|A. If in open court at the time the adverse ruling or order is made by the magistrate, the state shall give notice of its intention to appeal the decision. The magistrate shall then enter the notice in the proper court docket, continue the preliminary hearing and retain the accused on the present bond or if the person is in custody, return the accused to custody. The state shall file with the court clerk a written application to appeal from the adverse ruling or order of the magistrate within five (5) days from the date of the adverse ruling or order. |B. If not in open court at the time the adverse ruling or order is made by the magistrate, within five (5) days from the date of the adverse ruling or order, the state shall file with the court clerk a written application to appeal from the adverse ruling or order of the magistrate.C. A copy of the application to appeal shall immediately be presented by the state to the Presiding Judge of the Judicial Administrative District. The Presiding Judge shall assign the application to another district judge or associate district judge within the same judicial administrative district, and shall order the assigned judge to set said matter for hearing and decision within twenty (20) days from the filing of the written application to appeal and shall provide at least three (3) days’ notice to all parties of the time and place of the hearing. In the absence of the Presiding Judge of the Judicial Administrative District, the Acting Presiding Judge shall perform the duties of the Presiding Judge as set forth above. The identity of the Acting Presiding Judge, if not known locally, may be obtained from the Administrative Director of the Courts at his office in Oklahoma City.Added by Laws 1987, c. 162, § 2, emerg. eff. June 25, 1987. Amended by Laws 2002, c. 460, § 22, eff. Nov. 1, 2002.
22 OK Stat § 22-1089.3 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1089.3. Waiver of right to appeal.

|In the event the state does not file the application to appeal as provided in Section 2 of this act, the state shall have waived any right to appeal from the magistrate's adverse decision. The magistrate's order shall then be final. |Added by Laws 1987, c. 162, § 3, emerg. eff. June 25, 1987.
22 OK Stat § 22-1089.4 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1089.4. Review of record.

|The judge assigned the state's application to appeal shall review all relevant portions of the record of the case before the magistrate, including, but not limited to, partial or complete transcripts of the preliminary hearing; affidavits for a search warrant; search warrants; electronic recording tapes, belts or discs; written stipulations of facts; or any evidence which was presented at the preliminary hearing. |Added by Laws 1987, c. 162, § 4, emerg. eff. June 25, 1987.
22 OK Stat § 22-1089.5 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1089.5. Preliminary hearing - Review of record in light most favorable to state.

|In the event that the state appeals the ruling of the preliminary hearing magistrate ordering a defendant discharged based upon a finding of insufficiency of the evidence to establish that a felony has been committed or insufficiency of the evidence to show that there is probable cause to believe that the accused has committed a felony, the assigned judge shall determine, based upon the entire record developed before the magistrate, whether the evidence, taken in the light most favorable to the state, is sufficient to find that a felony crime has been committed and that the defendant probably committed said crime. |Added by Laws 1987, c. 162, § 5, emerg. eff. June 25, 1987.
22 OK Stat § 22-1089.6 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1089.6. Erroneous ruling or order - Remand.

|In the event the assigned judge finds, based upon the record developed before the magistrate, that the magistrate's ruling or order was in error, the assigned judge shall enter an order finding that the ruling or order entered by the magistrate was erroneous and shall remand the cause to the magistrate with directions to enter a proper ruling or order. |Added by Laws 1987, c. 162, § 6, emerg. eff. June 25, 1987.
22 OK Stat § 22-1089.7 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1089.7. Appeal to Court of Criminal Appeals - Bail - Review.

|In the event the state's application to appeal is denied and the assigned judge affirms the magistrate's ruling or order, that ruling or order shall be appealable to the Court of Criminal Appeals. During the pendency of any such appeal, the assigned judge shall admit the defendant to bail upon his own recognizance. The Court of Criminal Appeals shall affirm, reverse or modify the magistrate's order and remand the cause for further proceedings consistent with its ruling. |Added by Laws 1987, c. 162, § 7, emerg. eff. June 25, 1987.
22 OK Stat § 22-1091 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1091. Short title.

|This act may be cited as the “Interstate Compact for Adult Offender Supervision”. |Added by Laws 2000, c. 281, § 1, eff. July 1, 2000.
22 OK Stat § 22-1092 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1092. Legislative findings, declarations, and intent.

|It is hereby found and declared that: |1. The Interstate Compact for the Supervision of Parolees and Probationers, established in 1937, was the earliest corrections compact established among the states and has not been amended since its adoption over sixty-two (62) years ago;2. The Interstate Compact for the Supervision of Parolees and Probationers is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it provides jurisdiction over more than a quarter of a million offenders;3. The complexities of this compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include unregulated practices such as victim input, victim notification requirements and sex offender registration;4. After hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to enact a new compact to bring about an effective management capacity that addresses public safety concerns and offender accountability; and5. Upon the adoption of the Interstate Compact for Adult Offender Supervision, it is the intention of the legislature to repeal the Uniform Act for Out-of-State Parolee Supervision, Sections 347, et seq. of Title 57 of the Oklahoma Statutes.Added by Laws 2000, c. 281, § 2, eff. July 1, 2000.
22 OK Stat § 22-1095 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1095. Compact administrator.

|Upon the effectiveness of the Interstate Compact for Interstate Adult Offender Supervision through adoption by thirty-five states, the Council shall employ a compact administrator to oversee the organization and activities of the Council and to administer this state’s participation in the Compact, subject to the Council’s direction. The compact administrator shall serve as this state’s commissioner on the Interstate Commission for Adult Offender Supervision. In the event the compact administrator cannot attend a meeting of the Interstate Commission, the Council shall appoint a Council member to represent this state at the meeting. The salary of the compact administrator shall be set by law. The position of compact administrator shall be an unclassified position. |Added by Laws 2000, c. 281, § 5, eff. July 1, 2000.NOTE: Laws 2000, c. 281, § 6 states that implementation of Laws 2000, c. 281, § 5 shall be delayed until the Compact becomes effective upon its adoption by thirty-five states.
22 OK Stat § 22-1101 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1101. Offenses bailable - Who may take bail.

|A. 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. |B. 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; and5. 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.D. 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.R.L. 1910, § 6103. Amended by Laws 2003, c. 82, § 1, emerg. eff. April 15, 2003; Laws 2004, c. 58, § 1, eff. Nov. 1, 2004; Laws 2006, c. 130, § 2, emerg. eff. May 9, 2006.
22 OK Stat § 22-1101.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1101.1. 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. |Added by Laws 2002, c. 120, § 4, emerg. eff. April 19, 2002.
22 OK Stat § 22-1102 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1102. 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. |R.L.1910, § 6104.
22 OK Stat § 22-1104 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1104. Qualifications of bail - Justification.

|The qualifications of bail are the same as those in civil cases, and the sureties must in all cases justify by affidavits taken before the magistrate, court or judge, or before the clerk of the district or superior court or his deputy, that they each possess those qualifications. |R.L.1910, § 6106.
22 OK Stat § 22-1105.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1105.1. Pretrial Release Act - Short title.

|This act shall be known and may be cited as the “Pretrial Release Act”. |Added by Laws 2002, c. 125, § 1, eff. July 1, 2002.