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Rule CR 1. Orders of Release

Oklahoma Statutes AnnotatedLocal District Court RulesEffective: August 24, 2023

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Fourteenth Judicial District [Tulsa and Pawnee Counties]
Criminal Rules
Effective: August 24, 2023
Fourteenth Judicial District Court Rule CR 1
Rule CR 1. Orders of Release
Currentness
A. Orders of Release--Criminal Bond Index. A Preset Bond Schedule has been prepared and will be periodically reviewed under the direction of the Presiding Judge. This listing of bonds shall be for the purpose of expediting releases from the Tulsa County Jail and as a guide for judges to follow in order to provide consistency in bond settings. It shall not, however, affect the discretion of a Judge initially to set a higher or lower bond without a hearing or to raise or lower the bond initially set in a case, provided a proper hearing is held with all parties present.
The bond amount for Fugitive From Justice charges shall be taken from the bond reflected on the fugitive warrant. If no bond is shown on the fugitive warrant, the bond shall be set according to the Tulsa County Preset Bond Schedule.
B. Initial Arraignment Court Dates. When a defendant is booked into the Tulsa County Jail/David L. Moss Criminal Justice Center, a probable cause determination will be made as soon as is reasonably feasible, but in no event later than 48 hours after arrest. The initial appearance before a Magistrate for arraignment shall be as soon as is reasonably feasible, but in no event later than six (6) days from the date of booking.
Dates for return after the initial arraignment is held shall be determined by the Arraignment Judges.
In determining the initial arraignment court dates, the first (or current) day shall be excluded and the last day shall be included. Days on which the Courthouse will be closed for business should be counted when figuring the time. If the court date falls on a day the Courthouse is scheduled to be closed, the date should be set for the next day the Courthouse is scheduled to be open.
Defendants booked into custody on any charge shall be scheduled for the next available arraignment before a Magistrate for bond setting. If the defendant's arrest occurs after regular hours and just before a weekend or a day on which the Courthouse will be closed, the defendant's bond setting shall be referred to the Magistrate who has been assigned to the Judicial Reviews of Affidavits of Arrest on those days. The Magistrate shall set bail for the defendant and shall set the initial arraignment six (6) days away.
C. Orders of Release--Tulsa County Pretrial Release Program. Qualifying defendants may be released on their own recognizance through the Tulsa County Pretrial Release Program subject to the Court's approval.
D. Failure to Appear or Pay. No person being held for failure to appear will be released from the Jail without approval of a judge or posting an appearance bond.
Under the authority of 22 O.S. § 1105, the Order of Release of any prisoner in the Tulsa County Jail may be issued by the Sheriff of Tulsa County or the Court Clerk of Tulsa County subject to the following conditions:
1. The terms “Court Clerk” and “Sheriff” shall include their authorized deputies.
2. The Court Clerk, on the verbal or written order of a judge, shall immediately execute an Order of Release and promptly deliver it to the Tulsa County Sheriff who shall, without undue delay, release the person from custody according to the terms contained in the Order of Release.
3. The Sheriff, on the verbal or written order of a judge, shall immediately issue an Order of Release and promptly release the person from custody. The Sheriff shall issue an Order of Release under the conditions set forth above and also shall take immediate action to affect the release of the person detained upon receipt of the Order of Release.
4. The Order of Release shall contain the following information:
a. That it is in the District Court of Tulsa County, Oklahoma,
b. The defendant's name,
c. Case number(s), if any,
d. Other information which may be readily available to the officer or deputy executing it, and
e. Sufficient information to give the Sheriff unmistakable knowledge and direction as to the intended disposition of each case and/or counts within a case.
5. When a good and sufficient bond is posted by or on behalf of a person in custody in an amount approved by a judge, the Court Clerk or the Sheriff is authorized and ordered to execute an Order of Release to the Sheriff of Tulsa County.

Credits

[Adopted effective February 6, 2003. Amended effective May 2005; August 24, 2023.]
Fourteenth Judicial District Court Rule CR 1, OK R 14 DIST CT Rule CR 1
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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