SB 1618

                      An Act
ENROLLED SENATE
BILL NO. 1618  By: Gollihare of the Senate
                                                and
                                         Harris and Moore of the
                                         House
       An Act relating to the criminal procedure; creating
       the Public Protection Act; amending 22 O.S. 2021,
       Section 1105.2, which relates to conditions of
       release; defining term; authorizing inclusion of
       certain information in public safety report; allowing
       courts to utilize public safety reports to determine
       release conditions; providing an exception; requiring
       submission of public safety report to defense counsel
       upon request; updating statutory language; updating
       statutory references; providing for noncodification;
       and providing an effective date.
SUBJECT:   Pretrial release
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
    SECTION 1.     NEW LAW     A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
    This act shall be known and may be cited as the "Public
Protection Act".
    SECTION 2.     AMENDATORY    22 O.S. 2021, Section 1105.2, is
amended to read as follows:
    Section 1105.2. A. For the purposes of this section, "public
safety report" means a risk assessment tool administered by a
pretrial release program, as set forth in Section 1105.3 of this
title, that predicts the likelihood of the risk of failure of a
defendant to appear in court or risk of being arrested for a new
crime during the pretrial period. The public safety report may:
    1. State the requirements for setting bail under Section 1101
of this title;
    2. Provide the name and date of birth of the defendant or, if
impracticable, other identifying information, the cause number of
the case, if available, and the offense for which the defendant was
arrested;
    3. Provide information on the eligibility of the defendant for
a cash bond;
    4. Provide information regarding the applicability of any
required or discretionary bond conditions; and
    5. Provide, in summary form, the criminal history of the
defendant, including information regarding any:
        a.   previous misdemeanor or felony convictions,
        b.   pending charges,
        c.   previous sentences imposing a term of confinement,
        d.   previous convictions or pending charges for:
             (1)      offenses that are deemed violent crimes as
                      defined in Section 571 of Title 57 of the
                      Oklahoma Statutes, or
             (2)      offenses involving violence directed against a
                      peace officer,
        e.   previous failures of the defendant to appear in court
             following release on bail,
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        f.   whether the defendant is currently on community
             supervision, parole, or mandatory supervision for an
             offense,
        g.   whether the defendant is currently released on bail or
             participating in a pretrial release program and any
             conditions of that release or participation,
        h.   outstanding warrants for the arrest of the defendant
             that have been entered into the National Crime
             Information Center database or the Oklahoma Law
             Enforcement Telecommunications System, and
        i.   any current protective orders, as provided in the
             Protection from Domestic Abuse Act, for which the
             defendant is the subject.
    B. 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 section; provided there are no provisions of law to the
contrary.
    B. C. 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, wildlife, or water safety
offenses included in subsections B, C and D of Section 1115.3 of
Title 22 of the Oklahoma Statutes this title 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. D. The court may utilize a public safety report to assist in
determining release conditions for a defendant; provided, however,
if a defendant has been charged with a violent crime, as defined in
Section 571 of Title 57 of the Oklahoma Statutes, the court shall
ENR. S. B. NO. 1618  Page 3
utilize a public safety report to assist in determining release
conditions for said defendant. The results of the public safety
report shall not be used as the sole basis to grant or deny pretrial
release. Upon request, results of the public safety report shall be
provided to defense counsel and to counsel for the state.
    E. 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. F. When a pretrial program exists in the judicial district
where the person is being held, the judge court may utilize the
services of the pretrial release program when ordering pretrial
release, except when private bail has been furnished.
    E. G. Upon an order for pretrial release or release on bond,
the person shall be released from custody without undue delay.
    F. H. The court may require the person to be placed on an
electronic monitoring device as a condition of pretrial release.
    G. I. 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.
   SECTION 3.   This act shall become effective January 1, 2027.
ENR. S. B. NO. 1618  Page 4
   Passed the Senate the 14th day of May, 2026.
                                   Presiding Officer of the Senate
   Passed the House of Representatives the 4th day of May, 2026.
                                    Presiding Officer of the House
                                                of Representatives
                       OFFICE OF THE GOVERNOR
   Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
   Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
                                   _________________________________
                                   Governor of the State of Oklahoma
                  OFFICE OF THE SECRETARY OF STATE
   Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________
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