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2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1111.2. Failure to appear for arraignment.

The arresting officer shall indicate on the citation the date of the arraignment, and the defendant shall appear in person or by counsel at the stated time and place for arraignment. If the defendant fails to appear in court in person or by counsel for arraignment on the charge against him, or fails to arrange with the court within the time designated on the citation for a future appearance, the cash bail, if cash bail has been deposited by the defendant, shall be forfeited. If a license to operate a motor vehicle has been deposited under subsection (b) of Section 1111 of this title, the court clerk shall immediately forward to Service Oklahoma the operator’s license attached to an official notification form furnished by Service Oklahoma, advising that the defendant failed to appear; in addition, on motion of the district attorney, the court shall issue a bench warrant for the arrest of the defendant. If a license has been deposited under subsection (a) of Section 1111 of this title and the out-of-state defendant’s personal check is not honored, the court clerk shall immediately forward to Service Oklahoma the license stating that the check has not been honored. If bail has been forfeited, on motion of the district attorney, the court shall issue a bench warrant. Provided, however, that bail forfeiture shall not be construed as a plea of guilty or admission in any civil action that may thereafter arise by reason of said occurrence.
Added by Laws 1980, c. 248, § 3, eff. Oct. 1, 1980. Amended by Laws 2023, c. 310, § 5, eff. July 1, 2023.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1113. Plea of guilty.

The person so charged who elects to plead guilty may indicate his plea of guilty on the ticket or warrant; and said bond deposit shall be used for payment of fine and costs, which fine and costs shall not exceed the amount of bond.
Laws 1968, c. 115, § 3; Laws 1970, c. 64, § 2, emerg. eff. March 16, 1970.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1114.3A. Citations - Delivery of Complaint Information and Abstract of Court Record.

A. Upon issuing a citation other than a traffic citation as provided for in Section 1114.3 of this title, that is required to be filed in district court, the arresting Highway Patrol officer or the Department of Public Safety shall deliver or forward the “Complaint Information” or “Abstract of Court Record” of the citation, in electronic or written format:
1. To the district court clerk without the endorsement of the district attorney or an assistant district attorney. It shall be the duty of the district court clerk to deliver the “Complaint Information” to the district attorney who shall endorse or decline and file the “Complaint Information” with the district court clerk; or
2. To the district attorney, if the Highway Patrol officer has issued a citation which could result in the district attorney filing an information. The district attorney shall endorse or decline and file both parts of the citation with the district court clerk.
B. Upon receipt of a citation by the district court clerk, the district court clerk shall deliver the original “Complaint Information” to the district attorney. The district court clerk’s office shall maintain the “Abstract of Court Record” part of the citation until the final disposition of the case.
C. After final disposition of the case by the district attorney, including a case which is declined, the district court clerk shall clearly mark the “Abstract of Court Record” part of the citation with the disposition information of the case and forward the “Abstract of Court Record” to the Department of Public Safety, in the same manner as for a traffic citation as prescribed in Section 18-101 of Title 47 of the Oklahoma Statutes. The “Abstract of Court Record” part of the citation shall not be obscured by any official stamp of the district court or the district court clerk’s office.
D. Forwarding of the “Abstract of Court Record” part of a citation by electronic means to the Department of Public Safety shall be allowable in a manner and format approved by the Department.
E. A citation that is certified by the arresting Highway Patrol officer, the district attorney or an assistant district attorney shall constitute an information against the person arrested and served with a citation.
F. For purposes of this section, “endorsement by the district attorney” and “filing with the court clerk” may be accomplished by electronic means using any method approved for electronic filing in the courts of this state. Both the “Complaint Information” and “Abstract of Court Record” parts of the citation may be forwarded to, and provided by, the district court clerk in an electronic form. Neither a paper copy of the citation, nor an original “wet ink” endorsement or signature shall be required from any party when using an approved electronic method.
Added by Laws 2003, c. 461, § 2, eff. July 1, 2003. Amended by Laws 2006, c. 204, § 2, eff. Nov. 1, 2006; Laws 2012, c. 278, § 5, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1115. Short title - Application.

Sections 1115 through 1115.5 of this title shall be known and may be cited as the "State and Municipal Traffic, Water Safety, and Wildlife Bail Bond Procedure Act". The provisions of the State and Municipal Traffic, Water Safety, and Wildlife Bail Bond Procedure Act shall not apply to parking or standing traffic violations.
Added by Laws 1986, c. 250, § 1, operative July 1, 1987. Amended by Laws 2005, c. 190, § 4, eff. Sept. 1, 2005.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1115.4. Court clerk not liable on dishonored check - Bench warrant and arrest of issuer.

A. In any case where a municipal court clerk or district court clerk accepts any personal check or other form of a negotiable instrument from the arrestee or from any person acting for or on his behalf in payment of a fine or as bail for his appearance for arraignment, trial or a hearing, and said check or instrument proves to be on a closed account or is insufficient, false, bogus, a forgery, or otherwise dishonored for any reason, the court clerk shall not be civilly liable personally, or upon his official bond for the amount of such instrument or for the amount of the fine imposed in the case, or criminally liable therefor.
B. A personal check or other instrument tendered to a municipal court clerk or district court clerk for bail or for the payment of fine and costs, if dishonored and returned to said clerk for any reason other than the lack of proper endorsement, shall constitute nonpayment of bail or fine, as the case may be, and the court, in addition to any civil or criminal remedy otherwise provided for by law, may issue a bench warrant for the arrest of the person named on the citation to require his appearance on the charge specified.
Added by Laws 1986, c. 250, § 5, operative July 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1121. Rewards from fugitives of justice.

The Governor or his designee may offer a reward not exceeding One Thousand Dollars ($1,000.00), payable out of the State Treasury, for the apprehension, or information leading to the apprehension:
1. Of any convict who has escaped from a state correctional institution; or
2. Of any person who has committed, or is charged with the commission of an offense, punishable with death.
R.L. 1910, § 6080. Amended by Laws 1986, c. 34, § 1, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1122. Reward for arrest and conviction of person committing felony.

The Governor is hereby authorized in his discretion to offer a reward of not exceeding One Thousand Dollars ($1,000.00) for the arrest and conviction of any person who commits or attempts to commit any felony. Such reward may be paid to any officer, agency or person who makes such arrest and conviction is secured. In case any person shall forcibly resist arrest, and shall be killed in the attempt to accomplish his arrest, the reward shall, in the discretion of the Governor, be paid the same as in the case of conviction.
Laws 1915, c. 13, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1123. Extradition - Delivery of accused.

A person charged in any state or territory of the United States with treason, felony, or other crime, who shall flee from justice and be found in this State, must, on demand of the executive authority of the state or territory from which he fled be delivered up by the Governor of this state, to be removed to the state or territory having jurisdiction of the crime.
R.L.1910, § 6081.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1134. Costs of returning fugitives.

A. 1. When the Governor shall demand from the executive authority of a state or territory of the United States or of a foreign government the surrender to the authorities of this state of a fugitive from justice, the accounts of the persons employed for that purpose shall be paid out of the State Treasury and shall be collected as costs in the case.
2. When extradition is demanded by the Governor upon the application of a district attorney of any county, for the return of a fugitive wanted in that county, the actual, necessary expenses of the person designated by the district attorney and appointed as the agent of the state to return the fugitive shall be paid by the county upon an itemized, verified claim with receipts attached which shall be collected as costs in the case.
B. 1. In all cases wherein any person shall be charged with the violation of the statutes of this state relating to desertion or abandonment of wife and child, or of child, and such person shall be a fugitive from justice and such person’s whereabouts shall be known, it shall be the mandatory duty of the district attorney of the county wherein such charges are pending or of a designee, to request the Governor to issue a requisition for the return of such fugitive and to appoint an agent to effect such return.
2. The accounts of the person or persons employed by the Governor, to return such fugitive referred to in paragraph 1 above, may be paid by the state out of funds appropriated to the Governor's Contingency and Emergency Fund, not to exceed Twenty-five Thousand Dollars ($25,000.00) for any one (1) year in excess of any amounts recovered from such fugitives.
3. The cost of returning the fugitive shall be added on to the court costs against the deserter and no such case shall be dismissed unless the costs are paid. Such amount shall be used to reimburse the Governor's Contingency and Emergency Fund for the amount disbursed therefrom.
C. Every fugitive from justice shall be required to reimburse the county sheriff’s office for the actual costs required for apprehension and return, unless such costs are paid from the Governor’s Contingency and Emergency Fund, and in such case the reimbursement may be paid to such fund.
R.L.1910, § 6092. Amended by Laws 1943, p. 84, § 1; Laws 1955, p. 199, § 1. Amended by Laws 1990, c. 309, § 9, eff. Sept. 1, 1990; Laws 1999, c. 408, § 1, eff. Nov. 1, 1999; Laws 2002, c. 117, § 1, emerg. eff. April 19, 2002.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1135. Foreign arrests - Fees or rewards forbidden.

No compensation, fee, or reward of any kind can be paid to, or received by a public officer of this state for a service rendered or expense incurred in procuring from the Governor the demand mentioned in the last section, or the surrender of the fugitive, or for conveying him to this state, or detaining him herein, except as provided in the last section.
R.L.1910, § 6093.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.1. Definitions.

Where appearing in this act, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor, and any person performing the functions of Governor in a state other than this state, and the term "state", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.
Added by Laws 1949, p. 206, § 1, emerg. eff. March 25, 1949.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.2. Duty of Governor.

Subject to the provisions of this act, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
Laws 1949, p. 207, § 2.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.3. Requisites of demand - Accompanying papers.

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under Section 6, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
Laws 1949, p. 207, § 3.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.4. Investigation and report.

When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
Laws 1949, p. 207, § 4.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.5. Agreement for return to other state - Surrender of person leaving state involuntarily.

When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in Section 23 of this act with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
Laws 1949, p. 207, § 5.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.6. Surrender of persons not fleeing from demanding state.

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in Section 3 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this act not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Laws 1949, p. 207, § 6.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.7. Warrant of arrest of Governor.

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the State Seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
Laws 1949, p. 208, § 7.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.8. Authority conferred by warrant.

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this act to the duly authorized agent of the demanding state.
Laws 1949, p. 208, § 8.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.9. Authority to command assistance.

Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the executive of any criminal process directed to them, with like penalties against those who refuse their assistance.
Laws 1949, p. 209, § 9.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.10. Notice of demand to allege fugitive - Counsel - Habeas corpus.

Any person who is arrested within this state, by virtue of a warrant issued by the Governor of this state, upon a requisition of the Governor of any other state or territory, as a fugitive from justice under the laws of the United States, shall not be delivered to the agent of such state or territory until notified of the demand made for his surrender, and given twenty-four (24) hours to make demand for counsel; and should such demand be made for the purpose of suing out a writ of habeas corpus, the prisoner shall be forthwith taken to the nearest judge of the district court, and ample time given to sue out such writ, such time to be determined by the said judge of the district court.
Laws 1949, p. 209, § 10.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.11. Disobedience of preceding section.

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful disobedience to the last section, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than Five Hundred Dollars ($500.00) or be imprisoned not more than six (6) months, or both.
Laws 1949, p. 208, § 11.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.12. Confinement of prisoner in jail.

The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.
Laws 1949, p. 208, § 12.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.13. Issuance of warrant of arrest by judge or magistrate.

Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under Section 6, with having fled from justice or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state, and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under Section 6, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Laws 1949, p. 209, § 13.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.14. Arrest without warrant.

The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one (1) year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant.
Laws 1949, p. 209, § 14.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.15. Commitment by judge or magistrate.

If from the examination before the judge or magistrate, it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under Section 6, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty (30) days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in the next section, or until he shall be legally discharged.
Laws 1949, p. 209, § 16.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.16. Bail.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this state.
Laws 1949, p. 209, § 16.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.17. Discharge or recommitment.

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty (60) days, or a judge or magistrate may again take bail for his appearance and surrender, as provided in Section 16, but within a period not to exceed sixty (60) days after the date of such new bond.
Laws 1949, p. 209, § 17.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.18. Forfeiture of bail.

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
Laws 1949, p. 210, § 18.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.19. Demand for person against whom prosecution pending.

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the Governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.
Laws 1949, p. 210, § 19.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.20. Inquiry into guilt or innocence.

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceedings after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.
Laws 1949, p. 210, § 20.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.22. Warrant to agent to receive person demanded.

Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the Chief Justice or an Associate Justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.
Laws 1949, p. 210, § 22.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.23. Application to Governor by prosecuting attorney for requisition.

When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
II. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
III. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.
Laws 1949, p. 210, § 23.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.24. Immunity from civil process.

A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
Laws 1949, p. 211, § 24.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.25. Waiver of proceedings and consent to return to demanding state.

Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service the warrant provided for in Section 7 and 8 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in Section 10. If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, however, that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.
Laws 1949, p. 211, § 25.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.26. Rights of state not deemed waived.

Nothing in this act contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this act which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
Laws 1949, p. 211, § 26.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.27. Trial for other offenses than that specified.

After a person has been brought back to this state by, or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.
Laws 1949, p. 212, § 27.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1141.29. Partial invalidity.

If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Laws 1949, p. 212, § 29.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1145.2. Purpose of act.

The purpose of this act is to allow the activities of an individual to be dealt with in one court at a time, no matter where the activities occurred, to the end that society may be afforded retribution for offenses against it and that the rehabilitative process can immediately begin.
Laws 1972, c. 222, § 2, eff. Jan. 1, 1973.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1145.3. Definitions.

In this act, unless the context requires otherwise:
1. "Asylum state" means that state in which the defendant is located;
2. "Demanding state" means that state, other than Oklahoma, in which the accused is charged with committing criminal acts;
3. "Prosecuting attorney" means the attorney of the county, parish or district, state or federal, wherein charges are filed; and 4. "Jurisdiction" means geographic division or subdivision in which such prosecuting attorney has responsibility.
Laws 1972, c. 222, § 2, eff. Jan. 1, 1973.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1145.4. Disposal of criminal charge at request of defendant.

On request of the defendant and consent of the prosecuting attorney in the demanding state and the prosecuting attorney in the asylum state, the trial court of general jurisdiction or such other court having appropriate jurisdiction in the asylum state may dispose of the offense or offenses set out in the complaint, indictment or information or other equivalent pleading of the demanding state, and an exemplified copy of the judgment of the asylum state shall constitute a judgment on the merits when filed in the case in the courts of the demanding state.
Laws 1972, c. 222, § 4, eff. Jan. 1, 1973.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1145.5. Relief available - Effect of judgment - Act as supplemental.

All relief available in the courts of the demanding state and in the courts of the asylum state shall be available to the court of the asylum state in rendering its judgment and satisfaction of the judgment of the asylum state shall constitute a complete satisfaction of the judgment of the demanding state and the judgment so rendered may be enforced in either state.
This act is supplemental to and not in substitution for the provisions of the agreement on detainers, including but not limited to sentencing, incarceration, probation, orders for restitution, suspension and enhancement of sentence.
Added by Laws 1972, c. 222, § 5, eff. Jan. 1, 1973.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1151. Habeas corpus for person to testify or be surrendered on bail.

The Supreme Court, and Criminal Court of Appeals and district and superior courts within this state, or the judges thereof in vacation, shall have power to issue writs of habeas corpus, for the purpose of bringing the body of any person confined in any prison before them, to testify or be surrendered in discharge of bail. When a writ of habeas corpus shall be issued for the purpose of bringing into court any person to testify, or the principal, to be surrendered in discharge of bail, and such principal or witness, shall be confined in any prison in this state, out of the county in which such principal or witness is required to be surrendered, or to any county in this state, and there be executed and returned by any officer to whom it shall be directed, and the principal, after being surrendered, or his bail discharged, or a person testifying as aforesaid, shall by the officer executing such writ, be returned by virtue of an order of the court, for the purpose aforesaid, an attested copy of which, lodged with the custodian, shall exonerate such prison keeper from being liable for an escape. The party praying out such writ of habeas corpus shall pay to the officer executing the same, such reasonable sum for his services as shall be adjudged by the courts respectively.
R.L.1910, § 6102.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1162. Jury to try sanity.

When an indictment or information is called for trial, or upon conviction the defendant is brought up for judgment, if a doubt arise as to the sanity of the defendant, the court must order a jury to be impaneled from the jurors summoned and returned for the term, or who may be summoned by direction of the court, to inquire into the fact.
R.L.1910, § 6050.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1164. Order of trial of sanity.

The trial of the question of insanity must proceed in the following order:
1. The counsel for the defendant must open the case and offer evidence in support of the allegation of insanity.
2. The counsel for the state may then open their case and offer evidence in support thereof.
3. The parties may then respectively offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case.
4. When the evidence is concluded, unless the case be submitted to the jury on either side or on both sides, without argument, the counsel for the state must commence, and the defendant or his counsel may conclude the argument to the jury.
5. If the indictment be for an offense punishable with death two counsels on each side may argue the causes to the jury, in which case they must do so alternately. If it be for any other offense, the court may, in its discretion, restrict the argument to one counsel on each side.
6. The court must then charge the jury before argument as in other cases.
R.L.1910, § 6052.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1165. Rules governing sanity trial.

The provisions of the article on trials, in respect to the duty of the court upon questions of law, and of the jury upon questions of fact, and the provisions in respect to the charge of the court to the jury, upon the trial of an indictment or information, apply to the questions of insanity.
R.L.1910, § 6053.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1167. Finding of insanity - Suspension of trial or judgment - Commitment to state hospital.

If the jury finds the defendant presently insane, the trial or judgment must be suspended until he becomes sane, and if the jury deem his discharge dangerous to the public peace or safety, the court shall order that the defendant be committed to one of the state hospitals for the mentally ill, and to be held therein and kept as a patient and inmate, until he be discharged and released as presently sane by the authority of the superintendent of said hospital. A release by the superintendent of said hospital shall be to the custody of the sheriff of the county in which the criminal case theretofore suspended is or was pending and from which he was committed. The court having jurisdiction thereof shall set the cause for trial.
R.L.1910 § 6055; Laws 1963, c. 279, § 1, emerg. eff. June 18, 1963.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1175.1. Definitions.

As used in Sections 1175.1 through 1176 of this title:
1. “Competent” or “competency” means the present ability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him or her and to effectively and rationally assist in his or her defense;
2. “Incompetent” or “incompetency” means the present inability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him or her and to effectively and rationally assist in his or her defense;
3. “Dangerous” means a person who is a person requiring treatment as defined in Section 1-103 of Title 43A of the Oklahoma Statutes;
4. “Criminal proceeding” means every stage of a criminal prosecution after arrest and before judgment, including, but not limited to, interrogation, lineup, preliminary hearing, motion dockets, discovery, pretrial hearings and trial;
5. “Qualified forensic examiner” means any:
a.
psychiatrist with forensic training and experience,
b.
psychologist with forensic training and experience, or
c.
a licensed mental health professional whose forensic training and experience enable him or her to form expert opinions regarding mental illness, competency and dangerousness and who has been approved to render such opinions by the court;
6. “Reasonable period of time” means a period not to exceed the lesser of:
a.
the maximum sentence specified for the most serious offense with which the defendant is charged, or
b.
a maximum period of two (2) years; and
7. “Public guardian” means the Office of Public Guardian as established under the Oklahoma Public Guardianship Act in Section 6-101 et seq. of Title 30 of the Oklahoma Statutes.
Added by Laws 1980, c. 336, § 1, emerg. eff. June 25, 1980. Amended by Laws 1992, c. 207, § 1, eff. Sept. 1, 1992; Laws 2000, c. 421, § 2, eff. Nov. 1, 2000; Laws 2004, c. 106, § 2, eff. April 1, 2005; Laws 2011, c. 294, § 3, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1175.5. Questions to be answered in determining competency.

The jury or the court, as the case may be, shall answer the following questions in determining the disposition of the person whose competency is in question:
1. Is the person incompetent to undergo further criminal proceedings at this time? If the answer is no, criminal proceedings shall be resumed. If the answer is yes, the following questions shall be answered.
2. Can the incompetency of the person be corrected within a reasonable period of time, as defined by Section 1175.1 of this title, through treatment, therapy or training?
3. Is the person incompetent because the person is intellectually disabled as defined in Section 1408 of Title 10 of the Oklahoma Statutes?
4. Is the person incompetent because the person is a person requiring treatment as defined by Section 1-103 of Title 43A of the Oklahoma Statutes?
5. If the answers to questions 3 and 4 are no, why is the defendant incompetent?
6. Is the person presently dangerous as defined in Section 1175.1 of this title if released?
Added by Laws 1980, c. 336, § 5, emerg. eff. June 25, 1980. Amended by Laws 2000, c. 421, § 6, eff. Nov. 1, 2000; Laws 2004, c. 106, § 4, eff. April 1, 2005; Laws 2019, c. 475, § 22, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1175.6. Disposition orders - Placement in secure ward.

Upon the finding by the jury or the court as provided by Section 1175.5 of this title, the court shall issue the appropriate order regarding the person as follows:
1. If the person is found to be competent, the criminal proceedings shall be resumed;
2. If the person is found to be incompetent because the person is a person requiring treatment as defined in Title 43A of the Oklahoma Statutes, the court shall issue the appropriate order as set forth in Section 1175.6a of this title;
3. If the person is found to be incompetent because the person is intellectually disabled as defined in Section 1408 of Title 10 of the Oklahoma Statutes, the court shall issue the appropriate order as set forth in Section 1175.6b of this title; and
4. If the person is found to be incompetent for reasons other than the person is a person requiring treatment as defined by Section 1-103 of Title 43A of the Oklahoma Statutes, or for reasons other than the person is intellectually disabled as defined in Section 1408 of Title 10 of the Oklahoma Statutes, the court shall issue the appropriate order as set forth in Section 1175.6c of this title.
Added by Laws 1980, c. 336, § 6, emerg. eff. June 25, 1980. Amended by Laws 1983, c. 104, § 2, eff. Nov. 1, 1983; Laws 1989, c. 75, § 1, emerg. eff. April 17, 1989; Laws 1989, c. 348, § 17, eff. Nov. 1, 1989; Laws 1990, c. 51, § 18, emerg. eff. April 9, 1990; Laws 1997, c. 407, § 6, eff. Nov. 1, 1997; Laws 2000, c. 421, § 7, eff. Nov. 1, 2000; Laws 2004, c. 106, § 5, eff. April 1, 2005; Laws 2019, c. 475, § 23, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1175.6c. Person incompetent for reasons other than needed treatment or due to intellectual disability - Dangerous to self or others - Placement.

A. If the person is found to be incompetent for reasons other than the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, or the person is intellectually disabled as defined by Title 10 of the Oklahoma Statutes, but is also found to be dangerous as defined by Section 1175.1 of this title, the court shall suspend the criminal proceedings and refer the matter to the Department of Human Services and Department of Mental Health and Substance Abuse Services for determination of appropriate placement.
B. The Department of Human Services and the Department of Mental Health and Substance Abuse Services shall jointly establish procedures by April 1, 2005, to determine the appropriate placement of individuals who are found to be incompetent to stand trial for reasons other than the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, or the person is intellectually disabled as defined by Title 10 of the Oklahoma Statutes. Both agencies shall then submit their joint recommendation to the court for determination of appropriate placement.
Added by Laws 2004, c. 106, § 8, eff. April 1, 2005. Amended by Laws 2019, c. 475, § 26, eff. Nov. 1, 2019.