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Title 22 of Oklahoma statute allows for establishing and funding a pretrial release program. Further stating persons accused of or detained for any of the following offenses shall not be eligible for pretrial release by any pretrial program unless signed by an order of a District Judge or Associate District Judge.

Special Judges are NOT listed and the Office of Attorney General has offered an opinion concerning a Special Judges ability to legally sign a release on these charges.

1105.3 Establishing and Funding Pretrial Program
1. Aggravated driving under the influence of an intoxicating substance;
2. Any felony driving under the influence of an intoxicating substance;
3. Any offense prohibited by the Trafficking In Illegal Drugs Act;
4. Any person having a violent felony conviction within the past ten (10) years;
5. Appeal bond;
6. Arson in the first degree, including attempts to commit arson in the first degree;
7. Assault and battery on a police officer;
8. Bail jumping;
9. Bribery of a public official;
10. Burglary in the first or second degree;
11. Civil contempt proceedings;
12. Distribution of a controlled dangerous substance, including the sale or possession of a controlled dangerous substance with intent to distribute or conspiracy to distribute;
13. Domestic abuse, domestic assault or domestic assault and battery with a dangerous weapon, or domestic assault and battery with a deadly weapon;
14. Driving under the influence of intoxicating substance where property damage or personal injury occurs;
15. Felony discharging a firearm from a vehicle;
16. Felony sex offenses;
17. Fugitive bond or a governor’s fugitive warrant;
18. Immigration charges;
19. Kidnapping;
20. Juvenile or youthful offender detention;
21. Manslaughter;
22. Manufacture of a controlled dangerous substance;
23. Murder in the first degree, including attempts or conspiracy to commit murder in the first degree;
24. Murder in the second degree, including attempts or conspiracy to commit murder in the second degree;
25. Negligent homicide;
26. Out-of-county holds;
27. Persons currently on pretrial release who are arrested on a new felony offense;
28. Possession, manufacture, use, sale or delivery of an explosive device;
29. Possession of a controlled dangerous substance on Schedule I or II of the Controlled Dangerous Substances Act;
30. Possession of a firearm or other offensive weapon during the commission of a felony;
31. Possession of a stolen vehicle;
32. Rape in the first degree, including attempts to commit rape in the first degree;
33. Rape in the second degree, including attempts to commit rape in the second degree;
34. Robbery by force or fear;
35. Robbery with a firearm or dangerous weapon, including attempts to commit robbery with a firearm or dangerous weapon;
36. Sexual assault or violent offenses against children;
37. Shooting with intent to kill;
38. Stalking or violation of a Victim Protection Order;
39. Two or more prior felony convictions; or
40. Unauthorized use of a motor vehicle.

 

 

Some offenses are egregious enough to have a different statute, one would assume to set it aside from the pretrial rules that allow persons to be released from jail without being required to post a bond. Human trafficking and anyone who would aid, abet, or participate in the doing of any of the acts are prohibited from being released on OR.

1101.1 Setting Bail
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.

Titles 21
1028 Prostitution – Maintaining House – Transporting Person
1029 Engaging in or Soliciting Prostitution – Residing or Remaining in Place for Prohibited Purpose –
Aiding, Abetting, or Participating in Prohibited Acts – Child Prostitution – Human Trafficking
1030 Definitions of these specific offenses of prostitution
1081 Pandering Offense Defined – Penalty