reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1053.1. Automatic appeal of judgments holding statutes unconstitutional in criminal actions.

Any final judgment entered by a district court in a criminal action rendering an act of the State Legislature to be unconstitutional shall be automatically appealed to the Court of Criminal Appeals, unless said act has been previously declared unconstitutional by said Court of Criminal Appeals. Such appeals shall be by the district attorney upon a reserved question of law.
Laws 1975, c. 270, § 1, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1054. Time for perfecting appeal - Original record and transcript - Notice to transmit - Indigent defendants.

A. In misdemeanor and felony cases the appeal must be perfected within ninety (90) days from the date of the pronouncement of the judgment and sentence. A transcript in both felony and misdemeanor cases must be filed as hereinafter directed.
B. It shall be the duty of the clerk of the court from which notice of appeal has been given, and in which the original record and transcript are to be filed, to notify the clerk of the Court of Criminal Appeals when the original record and transcripts are assembled for transmission to the Court of Criminal Appeals, and the parties, or their counsel, have been advised to that effect. The clerk of the Court of Criminal Appeals shall, within ten (10) days after the receipt of the district court clerk's notice of the completion of the record, issue a notice to transmit the original and one certified copy of the appeal records to the clerk of the Court of Criminal Appeals and one certified copy of the original records and transcripts to either the Oklahoma Indigent Defense System, pursuant to Section 1362 of this title, or the retained or other appointed counsel of record on appeal.
C. When the Oklahoma Indigent Defense System or another attorney has been appointed to represent an indigent defendant in an application for post-conviction relief where the defendant has received one or more sentences of death, the notice to the district court clerk shall require a certified copy be sent to the Oklahoma Indigent Defense System or the other attorney in addition to the copy provided for direct appeal.
R.L. 1910, § 5991. Amended by Laws 1953, p. 98, § 1; Laws 1961, p. 238, § 1; Laws 1963, c. 107, § 1; Laws 1963, c. 355, § 1; Laws 1965, c. 113, § 2, emerg. eff. May 19, 1965; Laws 1993, c. 298, § 5, eff. July 1, 1993; Laws 1995, c. 256, § 2, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1054.1. Perfecting appeal without filing motion for new trial.

The right of a party to perfect an appeal from a judgment, order or decree of the trial court to the Court of Criminal Appeals shall not be conditioned upon his having filed in the trial court a motion for a new trial, but in the event a motion for a new trial is filed in the trial court by a party adversely affected by the judgment, order or decree, no appeal to the Court of Criminal Appeals may be taken until subsequent to the ruling by the trial court on the motion for a new trial.
Added by Laws 1985, c. 99, § 1, emerg. eff. May 28, 1985.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1058. Conditions of bond - Surrender by sureties - Stay of execution - Confinement of defendant when crime not bailable.

If an appeal is taken and the appeal bond given as provided in the preceding section, said bond shall be conditioned that the defendant will appear, submit to and perform any judgment rendered by the Criminal Court of Appeals or the court in which the original judgment was rendered in the further progress of the cause, and will not depart without leave of the court. After the determination of the appeal in the Criminal Court of Appeals, or if the appeal is not perfected as provided by law, the defendant may be surrendered by the sureties to the proper authorities for the execution of the sentence. If the defendant be adjudged to be incarcerated in any penal institution and/or to pay a fine, said sureties shall be relieved of liability for such fine and costs upon surrender of the defendant to the proper authorities for incarceration pursuant to the judgment and prior to forfeiture of the bond. If no bond be given the appeal shall not stay execution of the judgment, except in capital cases or where otherwise specifically provided by law. If pending the appeal the bond be given, a further execution of the judgment shall be stayed and the defendant released pending the determination of the appeal. In all cases where the sentence is for a crime not bailable the defendant shall be confined in the penitentiary pending the appeal.
R.L. 1910, § 5995; Laws 1935, p. 20, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1066. Power of appellate court - Return by clerk of lower court when new trial granted.

The appellate court may reverse, affirm or modify the judgment or sentence appealed from, and may, if necessary or proper, order a new trial or resentencing. In either case, the cause must be remanded to the court below, with proper instructions, and the opinion of the court, within the time, and in the manner, to be prescribed by rule of the court.
If the case is reversed for a new trial, the clerk of the court from which such cause was appealed is required to make return showing that said case was specifically called to the attention of the trial court at the time of the setting of the docket following receipt of mandate, and showing the court's action in placing said cause on the docket for trial, said return to be made immediately after the trial and entry of judgment, or earlier disposal. Should the case not be retried and should it be dismissed by the court, return shall be made, giving the reasons stated by the court in his minutes justifying such dismissal.
Amended by Laws 1990, c. 261, § 2, emerg. eff. May 24, 1990.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1067. Order when no offense committed - When indictment defective.

When a judgment against the defendant is reversed, and it appears that no offense whatever has been committed, the Criminal Court of Appeals must direct that the defendant be discharged; but if it appears that the defendant is guilty of an offense although defectively charged in the indictment, the Criminal Court of Appeals must direct the prisoner to be returned and delivered over to the jailer of the proper county, there to abide the order of the court in which he was convicted.
R.L.1910, § 6004.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1071.1. Court of Criminal Appeals – Online publication of opinions.

Opinions of the Oklahoma Court of Criminal Appeals designated for official publication shall be published on the Oklahoma State Courts Network website. The Oklahoma Court of Criminal Appeals is hereby requested to provide notice of release of its opinion to all subscribers of record who have requested copies of opinions not less than two (2) business days prior to publication of the opinion on the website. Notice to the parties shall be made via electronic mail or on the website of the Oklahoma State Courts Network.
Added by Laws 2017, c. 380, § 3, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1072. Record and enforcement of mandate or order in lower court - Return by clerk of lower court to clerk of Criminal Court of Appeals.

It is hereby made the duty of the court clerk in all counties, upon receipt from the Clerk of the Criminal Court of Appeals of any mandate or order of the Criminal Court of Appeals, to immediately and without any order from the court, or judge thereof, to spread said mandate or order of record in the proper court, and to issue and place in the hands of the proper officer appropriate process for carrying out such mandate or order.
That it shall be the duty of any such court clerk to immediately upon return being made by the officer to whom process is delivered, to thereafter make return to the Clerk of the Criminal Court of Appeals, showing the date that mandate was received, date filed and recorded, the date process was issued to the officer, and the date the process was served and whether the convicted person was incarcerated. If incarceration of the prisoner is delayed by reason of flight, or for any other cause for a period of more than fifteen (15) days after receipt of mandate, the return, under any such circumstance causing delay, must be immediately made to the Clerk of the Criminal Court of Appeals; and upon later apprehension of prisoner and incarceration, a further return must be made to the Clerk of the Criminal Court of Appeals, reporting the facts, within ten (10) days after such incarceration.
Laws 1927, c. 28, p. 46, § 1; Laws 1953, p. 99, § 3.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1076. Notice to defendant of his right to appeal - Stay of execution of judgment.

The court shall at the time of entering judgment and sentence notify the defendant of his right to appeal. An appeal from a judgment of conviction stays the execution of the judgment in all cases where sentence of death is imposed, but does not stay the execution of the judgment in any other case unless the trial or appellate court shall so order.
Laws 1969, c. 182, § 1, emerg. eff. April 17, 1969.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1077. Bail allowable.

Bail on appeal shall be allowed on appeal from a judgment of conviction of misdemeanor, or in felony cases where the punishment is a fine only, and when made and approved shall stay the execution of such judgment. Bail on appeal after the effective date of this act shall not be allowed after conviction of any of the following offenses:
1. Murder in any degree;
2. Kidnapping for purpose of extortion;
3. Robbery with a dangerous weapon;
4. Rape in any degree;
5. Arson in the first degree;
6. Shooting with intent to kill;
7. Manslaughter in the first degree;
8. Forcible sodomy;
9. Any felony conviction for which the evidence shows that the defendant used or was in possession of a firearm or other dangerous or deadly weapon during the commission of the offense;
10. Trafficking in illegal drugs;
11. Manufacturing a controlled dangerous substance;
12. Sexual abuse of a child; or
13. Any other felony after former conviction of a felony.
The granting or refusal of bail after judgment of conviction in all other felony cases shall rest in the discretion of the court; however, if bail is allowed, the trial court shall state the reason therefor.
Added by Laws 1969, c. 182, § 2, emerg. eff. April 17, 1969. Amended by Laws 1981, c. 258, § 1; Laws 1987, c. 136, § 7, eff. Nov. 1, 1987; Laws 1988, c. 109, § 28, eff. Nov. 1, 1988; Laws 2001, c. 234, § 1, eff. Nov. 1, 2001.
NOTE: Laws 2001, c. 225, § 7 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1078. Amount of bond - Time to make appeal bond - Stay pending appeal - Additional bond.

When bail is allowed, the court shall fix the amount of the appeal bond and the time in which the bond shall be given in order to stay the execution of the judgment pending the filing of the appeal in the appellate court, and until such bond is made shall hold the defendant in custody. If the bond be given in the time fixed by the court, the execution of the judgment shall be stayed during the time fixed by law for the filing of the appeal in the appellate court. If the appeal is filed within the time provided by law, then the bond shall stay the execution of the sentence during the pendency of the appeal, subject to the power of the court to require a new or additional bond when the same is by the court deemed necessary. If the bond is not given within the time fixed, or if given and the appeal not be filed in the appellate court within the time provided by law, the judgment of the court shall immediately be carried into execution.
Laws 1969, c. 182, § 3, emerg. eff. April 17, 1969.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1079. Denial of bail - Review by habeas corpus.

If bail on appeal be denied, or the amount fixed be excessive, the defendant shall be entitled to a review of the action of the trial court and its reasons for refusing bail, by habeas corpus proceedings before the appellate court, or if the court be not in session, then by some judge of said court.
Laws 1969, c. 182, § 4, emerg. eff. April 17, 1969.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1080. Post-Conviction Procedure Act - Right to challenge conviction or sentence.

Any person who has been convicted of, or sentenced for, a crime and who claims:
1. That the conviction or the sentence was in violation of the Constitution of the United States or the Constitution or laws of this state;
2. That the court was without jurisdiction to impose sentence;
3. That the sentence exceeds the maximum authorized by law;
4. That there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;
5. That the sentence has expired, the suspended sentence, probation, parole, or conditional release unlawfully revoked, or he or she is otherwise unlawfully held in custody or other restraint; or
6. That the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy,
may institute a proceeding under the Post-Conviction Procedure Act in the court in which the judgment and sentence on conviction was imposed to secure the appropriate relief. Excluding a timely appeal, the Post-Conviction Procedure Act encompasses and replaces all common law and statutory methods of challenging a conviction or sentence including, but not limited to, writs of habeas corpus.
Added by Laws 1970, c. 220, § 1, eff. July 1, 1970. Amended by Laws 2022, c. 144, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1080.1. Limitation period.

A. A one-year period of limitation shall apply to the filing of any application for post-conviction relief, whether an original application or a subsequent application. The limitation period shall run from the latest of:
1. The date on which the judgment of conviction or revocation of suspended sentence became final by the conclusion of direct review by the Oklahoma Court of Criminal Appeals or the expiration of the time for seeking such review by the Oklahoma Court of Criminal Appeals;
2. The date on which the Governor revoked parole or conditional release, if the petitioner is challenging the lawfulness of said revocation;
3. The date on which any impediment to filing an application created by a state actor in violation of the Constitution of the United States or the Constitution of the State of Oklahoma, or laws of the State of Oklahoma, is removed, if the petitioner was prevented from filing by such action;
4. The date on which the constitutional right asserted was initially recognized by the United States Supreme Court, if the right has been newly recognized by the United States Supreme Court and made retroactively applicable to cases on collateral review; or
5. The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
B. Subject to the exceptions provided for in this section, this limitation period shall apply irrespective of the nature of the claims raised in the application and shall include jurisdictional claims that the trial court lacked subject-matter jurisdiction.
C. The provisions of this section shall apply to any post-conviction application filed on or after the effective date of this act.
Added by Laws 2022, c. 144, § 2, eff. Nov. 1, 2022.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1086. Subsequent application.

All grounds for relief available to an applicant under the Post-Conviction Procedure Act, including claims challenging the jurisdiction of the trial court, must be raised in his or her 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. Amended by Laws 2022, c. 144, § 3, eff. Nov. 1, 2022.
2023 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.
2023 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; and
3. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
5. 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.
2023 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.
2023 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; 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.
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.
E. If the person was arrested for any crime provided for in the Protection from Domestic Abuse Act or a violent crime provided for in Section 571 of Title 57 of the Oklahoma Statutes, the court shall be responsible for assessing prior patterns of abuse and shall present written findings on the bail amount.
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; Laws 2022, c. 117, § 1, eff. Nov. 1, 2022.
2023 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1105.2. Pretrial Release Act - Setting of bail – Schedule – Electronic monitoring.

A. Following an arrest for a misdemeanor or felony offense and before formal charges have been filed or an indictment made, the arrested person may have bail set by the court as provided in this act; provided there are no provisions of law to the contrary.
B. 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.
C. The pretrial bail shall be set in a numerical dollar amount. If the person fails to appear in court as required the judge shall:
1. Rescind the bond and proceed to enter a judgment against the defendant for the dollar amount of the pretrial bail if no private bail was given at the time of release; provided, however, the court clerk shall follow the procedures as set forth in Section 1301 et seq. of Title 59 of the Oklahoma Statutes in collecting the forfeiture amount against the person who fails to appear in court; or
2. Rescind and forfeit the private bail if cash, property or surety bail was furnished at the time of release as set forth in Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
D. When a pretrial program exists in the judicial district where the person is being held, the judge may utilize the services of the pretrial release program when ordering pretrial release, except when private bail has been furnished.
E. Upon an order for pretrial release or release on bond, the person shall be released from custody without undue delay.
F. The court may require the person to be placed on an electronic monitoring device as a condition of pretrial release.
G. 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.
Added by Laws 2002, c. 125, § 2, eff. July 1, 2002. Amended by Laws 2002, c. 390, § 13, emerg. eff. June 4, 2002; Laws 2005, c. 74, § 2, eff. Nov. 1, 2005; Laws 2016, c. 59, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1107. Arrest of defendant by bail - Commitment of defendant and exoneration of bail.

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.
R.L.1910, § 6109.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1108. Forfeiture of bail.

If the defendant neglects to appear according to the terms or conditions of the recognizance, bond or undertaking, either for hearing, arraignment, trial or judgment, or upon any other occasion when his presence in court or before the magistrate may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the recognizance, bond or undertaking of bail, or the money deposited instead of bail, as the case may be, is and shall be thereupon declared forfeited and forfeiture proceedings shall then proceed as prescribed in Section 1332 of Title 59 of the Oklahoma Statutes. If money deposited instead of bail be so forfeited, the clerk of the court or other officer with whom it is deposited, must, immediately after the final adjournment of the court, pay over the money deposited to the county treasurer.
Provided however, if a person charged with a traffic offense neglects to appear for arraignment after signing a written promise to appear as provided for by the State and Municipal Traffic Bail Bond Procedure Act, Section 1115 et seq. of this title and no other form of bail has been substituted therefor, then said recognizance shall not be forfeited as provided in this section and the court shall proceed in accordance with the provisions of Section 1115 et seq. of this title.
Amended by Laws 1988, c. 178, § 4, eff. Nov. 1, 1988; Laws 1989, c. 348, § 16, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1108.1. Own recognizance bonds - Requirements for posting - Forfeiture action and collection of forfeiture.

A. 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.
B. Setting aside of forfeitures shall be governed by the same rules and procedures applicable to cash, property or surety bonds; provided that, if the forfeiture is set aside, the district court shall exempt from forfeiture set aside all reasonable costs of recovery to return the defendant to custody, and an administrative fee to be retained by the court fund in a sum not to exceed ten percent (10%) of the total penal bond amount plus all costs incurred in processing the forfeiture proceeding to include costs of notices, warrants, service and execution.
C. The final judgment of forfeiture shall constitute a judgment enforceable through all procedures available for the collection of a civil judgment, provided that the judgment shall be considered a debt in the nature of defalcation as defined by the United States Bankruptcy Code, and shall not be subject to other forms of debtor relief. The judgment shall be subject to collection as costs in the underlying action regardless of final disposition or determination of guilt.
D. The district attorney or the Administrator of the District Court Cost Collection Division as determined by administration order in each judicial district shall initiate the forfeiture action and collection of forfeitures and shall receive one-third (1/3) of all sums collected from the ten-percent premium, not to include costs as defined in subsection B of this section, to offset the costs of administering the program.
E. This section does not apply to :
1. Traffic or wildlife cases;
2. Cases concerning violations of emergency ex parte or final protective orders, as provided in Sections 60.2 and 60.3 of this title;
3. Domestic abuse cases, as provided in Section 644 of Title 21 of the Oklahoma Statutes; and
4. Stalking or harassment cases, as provided in Section 1173 of Title 21 of the Oklahoma Statutes.
Added by Laws 2004, c. 148, § 1, eff. Nov. 1, 2004. Amended by Laws 2021, c. 215, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1109. Additional security may be required.

When proof is made to any court, judge or other magistrate having authority to commit on criminal charges, that a person previously admitted to bail on any such charge is about to abscond, or that his bail is insufficient, or has removed from the state, the judge or magistrate shall require such person to give better security, or for default thereof cause him to be committed to prison; and an order for his arrest may be endorsed on the former commitment, or a new warrant therefor may be issued by such judge or magistrate, setting forth the cause thereof.
R.L.1910, § 6111.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1110. Jumping bail - Penalties.

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.
Added by Laws 1965, c. 373, § 1, emerg. eff. June 28, 1965. Amended by Laws 1997, c. 133, § 437, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 321, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 437 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1111.1. Return of operator's license.

The court clerk shall return an operator's license deposited in lieu of cash bail, as provided by Section 1111 of this title, to the defendant upon the following:
(a) acceptance of the defendant's personal check for cash bail and collection of funds;
(b) appearance to answer the charge or to post bond; or
(c) election to enter a plea of guilty by transmitting to the court clerk the cash bail as provided by Section 1112 of this title.
Laws 1980, c. 248, § 2, eff. Oct. 1, 1980.