Oklahoma Statutes

Okla. Stat. tit. 22, § 1101 (2026)

Offenses bailable - Who may take bail

✓ current as of July 2026

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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; 5. Controlled dangerous substances offenses where the maximum sentence may be at least ten (10) years’ imprisonment; and 6. Driving under the influence of alcohol or other intoxicating substance if such person has previously been convicted with two felonies for driving under the influence of alcohol or other intoxicating substance. On all offenses specified in paragraphs 2 through 6 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. F. There shall be a rebuttable presumption that no conditions of release on bond would assure the safety of the community or any person therein if the state shows by clear and convincing evidence that:

1. The person was arrested for a violent offense and released on bond; and 2. While out on bond, the person was subsequently arrested and charged for a violent crime as set forth for in Section 571 of Title 57 of the Oklahoma Statutes. 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; Laws 2024, c. 54, § 1, eff. Nov. 1, 2024; Laws 2025, c. 169, § 1, eff. Nov. 1, 2025.

Notes of Decisions

Cited in 7 cases, 1973–2018 · leading case: In Re Writ of Habeas Corpus of Humphrey, 601 P.2d 103 (Okla. Crim. App. 1979).

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In Re Writ of Habeas Corpus of Humphrey, 601 P.2d 103 (Okla. Crim. App. 1979). “1971, § 1109: “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…”

State v. Ameer, 2018 NMSC 30 (N.M. 2018). · cites it 2× “See Okla. Stat. tit. 22, § 1101 (2006) (including Subsections (A), providing that “bail .”

In Re Writ of Habeas Corpus of Kennedy, 512 P.2d 201 (Okla. Crim. App. 1973). “” In Maloy, supra, cited under authority of Oklahoma Constitutional Articles 2, Section 8, and 22 O.S.1971, § 1101, the implication in the above language recognizes that it is the gravity of the offense which is a primary consideration in establishing the accused’s right to bail.”

State v. Ameer, 458 P.3d 390 (N.M. 2018). · cites it 2× “See Okla. Stat. tit. 22, § 1101 3 (2006) (including Subsections (A), providing that “bail .”

Carlson v. Mesigh, 932 P.2d 18 (Okla. Crim. App. 1996). “Petitioner argues that Respondent has acted beyond his authority in suspending Petitioner’s bond writing ability and that the Municipal Court Clerk’s refusal to accept bond from Petitioner is in violation of 22 O.S.1991, § 1101. Petitioner seeks an emergency order of prohibition…”

Richards v. State, 551 P.2d 1139 (Okla. Crim. App. 1976). “and the statutes found in 22 O.S.1971, § 1101, et seq. reveals that the statutes contemplate setting bail in one amount with provision being made for a deposit of cash in a like amount as one means of meeting the bail requirement.”

State v. Odom, 893 P.2d 537 (Okla. Civ. App. 1995). “Title 22 O.S.1991 § 1101 provides, in pertinent part, that bail may be taken by the clerk of the district court or his deputy.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.