Senate Advances Rader Bill to Improve Pretrial Release Process in County Jails

OKLAHOMA CITY – The Senate on Wednesday passed legislation from Sen. Dave Rader, R-Tulsa, aimed at speeding up and making the pretrial release process more efficient.

In a vote of 46 to 1, the full chamber passed Senate Bill 1381, which directs the Oklahoma Supreme Court to oversee a district court pilot program that guarantees defendants a bond hearing in two or three days.

The three-year pilot program would be set in Oklahoma County. It would ensure that a defendant gets a pretrial release hearing within 48 hours after a detainee is taken into custody or within 72 hours for those who are detained on a weekend or holiday.

Rader said his bill stems from a court ruling that found Tulsa County’s bail system was not providing timely bond hearings, in violation of the Equal Protection Clause of the U.S. Constitution. Since then, the county has been working to speed up hearings and ensure defendants have timely access to legal counsel.

The senator said he doesn’t want other counties or the state to be hit with additional lawsuits as a result of unnecessary delays in the criminal justice system.

“The 14th Amendment guarantees timely due process for the accused detained in our county jails, and this pilot program will set an example that all counties can follow,” Rader said. “The longer someone sits in a county jail awaiting a hearing, the higher the costs for Oklahoma taxpayers. At the same time, unnecessary delays can cost some defendants their jobs, making them less likely to make bail. Taxpayers and defendants alike deserve a court system where justice is not only true but swift.”

Rader added that the idea for this bill came out of his October interim study on modernizing Oklahoma’s criminal justice system.

SB 1381 now advances to the House, where it is coauthored by Rep. Erick Harris, R-Edmond.

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For more information, contact: Communications@oksenate.gov