§ 22-1105 — Defendant discharged on giving bail - Exceptions.

A. Except as otherwise provided by this section, upon the allowance of bail and the execution of the requisite recognizance, bond, or undertaking to the state, the magistrate, judge, or court shall, if the defendant is in custody, make and sign an order for discharge. The court, in its discretion, may prescribe by court rule the conditions under which the court clerk or deputy court clerk, or the sheriff or deputy sheriff, may prepare and execute an order of release on behalf of the court. B. No police officer or sheriff may release a person arrested for a violation of an ex parte or final protective order as provided in Sections 60.2 and 60.3 of this title, or arrested for an act constituting domestic abuse as specified in Section 644 of Title 21 of the Oklahoma Statutes, or arrested for any act constituting domestic abuse, stalking or harassment as defined by Section 60.1 of this title, or arrested for an act constituting domestic assault and battery or domestic assault and battery with a deadly weapon pursuant to Section 644 of Title 21 of the Oklahoma Statutes, without the violator appearing before a magistrate, judge or court. To the extent that any of the following information is available to the court, the magistrate, judge or court shall consider, in addition to any other circumstances, before determining bond and other conditions of release as necessary for the protection of the alleged victim, the following: 1. Whether the person has a history of domestic violence or a history of other violent acts; 2. The mental health of the person; 3. Whether the person has a history of violating the orders of any court or governmental entity; 4. Whether the person is potentially a threat to any other person; 5. Whether the person has a history of abusing alcohol or any controlled substance; 6. Whether the person has access to deadly weapons or a history of using deadly weapons; 7. The severity of the alleged violence that is the basis of the alleged offense including, but not limited to: a. the duration of the alleged violent incident, b. whether the alleged violent incident involved serious physical injury, c. whether the alleged violent incident involved sexual assault, d. whether the alleged violent incident involved strangulation, e. whether the alleged violent incident involved abuse during the pregnancy of the alleged victim, f. whether the alleged violent incident involved the abuse of pets, or g. whether the alleged violent incident involved forcible entry to gain access to the alleged victim; 8. Whether a separation of the person from the alleged victim or a termination of the relationship between the person and the alleged victim has recently occurred or is pending; 9. Whether the person has exhibited obsessive or controlling behaviors toward the alleged victim including, but not limited to, stalking, surveillance, or isolation of the alleged victim; 10. Whether the person has expressed suicidal or homicidal ideations; and 11. Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint. C. A person arrested for: 1. A violation of an ex parte or final protective order as provided in Sections 60.2 and 60.3 of this title; 2. An act constituting domestic abuse, domestic assault and battery or domestic assault and battery with a deadly weapon as specified in Section 644 of Title 21 of the Oklahoma Statutes; or 3. An act constituting domestic abuse, stalking or harassment as defined by Section 60.1 of this title, shall not be eligible for a personal recognizance bond pursuant to Section 1108.1 of this title. D. No police officer or sheriff may release a person arrested for any violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes, without the violator appearing before a magistrate, judge, or court. In determining bond and other conditions of release, the magistrate, judge, or court shall consider any evidence that the person is in any manner dependent upon a controlled dangerous substance or has a pattern of regular, illegal use of any controlled dangerous substance. A rebuttable presumption that no conditions of release on bond would assure the safety of the community or any person therein shall arise if the state shows by clear and convincing evidence: 1. The person was arrested for a violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes, relating to manufacturing or attempting to manufacture a controlled dangerous substance, or possessing any of the substances listed in subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes with the intent to manufacture a controlled dangerous substance; and 2. The person is in any manner dependent upon a controlled dangerous substance or has a pattern of regular illegal use of a controlled dangerous substance, and the violation referred to in paragraph 1 of this subsection was committed or attempted in order to maintain or facilitate the dependence or pattern of illegal use in any manner. E. No police officer or sheriff may release a person arrested for a second or subsequent violation of Section 11-902 of Title 47 of the Oklahoma Statutes, without the granting of bail by a magistrate, court, judge, or on-call judge, whether by telephone or in person. In determining bond and other conditions of release, the magistrate, judge, on-call judge or court shall consider any evidence that the person is in any manner dependent upon alcohol or a controlled dangerous substance or has a pattern of regular abuse of alcohol or the illegal use of any controlled dangerous substance. If the person was arrested for any crime provided for in Section 11- 902 of Title 47 of the Oklahoma Statutes, the court shall consider the threat the person poses to the public safety and shall present written findings on the bail amount.

Legislative History

R.L.1910, § 6107. Amended by Laws 1995, c. 297, § 4, eff. Nov. 1, 1995; Laws 1997, c. 2, § 25, emerg. eff. Feb. 26, 1997; Laws 1997, c. 368, § 4, eff. Nov. 1, 1997; Laws 2004, c. 59, § 2, emerg. eff. April 6, 2004; Laws 2005, c. 128, § 1, eff. Nov. 1, 2005; Laws 2010, c. 116, § 6, eff. Nov. 1, 2010; Laws 2011, c. 385, § 5, eff. Nov. 1, 2011; Laws 2021, c. 215, § 1, eff. Nov. 1, 2021; Laws 2025, c. 172, § 1, eff. Nov. 1, 2025. NOTE: Laws 1995, c. 286, § 8 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997.