Bail reform has long been a sore subject at the state Capitol.

First came the narrow rejection of a comprehensive reform package in 2019, fueled by lobbying from the bail bond industry and law enforcement groups. Senate Bill 252, which proposed requiring judges to set bail at the minimum amount required to ensure a defendant’s return to court, cleared the Senate but failed by four votes in the House.

More recently, public outcry has grown over cashless bail policies enacted in states like New York and Illinois. New York’s law, which initially eliminated cash bail for misdemeanors and low-level felonies, has been scaled back multiple times to grant judges more discretion.

But as county jails grapple with a backlog of sentenced prisoners, defendants suffering from serious mental illness, and one of the largest counties in the state faces a federal court ruling that its bail system favors the wealthy, the Legislature is showing a renewed willingness to tackle the issue.

The Senate Judiciary Committee on Tuesday advanced a bill aimed at expediting the pretrial release process. Senate Bill 1381 by Dave Rader, R-Tulsa, would authorize a county-level pilot program in which defendants are guaranteed access to counsel and a bond hearing within 48 hours, or 72 hours if they’re arrested over the weekend or on a holiday.

“We have many Oklahomans that are charged with a crime and held so long that they lose their jobs,” Rader said before the bill’s unanimous passage. “Then they lose their ability to pay for bail. By the Constitution, they should be allowed a hearing quicker than what we’re doing now.”

A previous version of the bill proposed implementing those changes statewide, but was derailed by a fiscal impact report estimating a $21.2 million price tag. Lawmakers and state agencies have been directed to keep recurring costs to a minimum as state revenue declines. In his pitch to lawmakers, Rader referenced an April 2024 ruling from U.S. District Judge Stephen Friot, which found that Tulsa County’s bail system violated the Fourteenth Amendment’s equal protection clause.

“The Tulsa County secured bail system confronts an indigent arrestee with the requirement, on arrival at the jail, to meet the demands of the preset bond schedule, failing which he is exposed to the prospect of awaiting trial – however long that may take – while in custody and without the benefit of a timely, due process-compliant bail hearing,” Friot wrote in a 75-page order related to a motion for summary judgement.

The county has since agreed to make changes, including more timely bail hearings after a defendant’s arrest, to achieve compliance.

Also advancing on Tuesday was Senate Bill 1618, which directs courts to use risk assessment tools to determine a defendant’s pretrial bond conditions. Unlike SB 1381, it does not mandate access to counsel or timely bail hearings. It moved to the Senate floor with its title stricken, a legislative maneuver that allows lawmakers to keep bills alive and make changes past procedural deadlines.

Reform proponents argue that high cash bail amounts are an ineffective way to ensure a defendant returns to court. A study released in June by the Bail Project, titled The False Promise of Cash Bail, found that Tulsa County defendants released on their own recognizance were slightly more likely to appear at all of their court appearances than those who used a bondsman. The study sample included more than 3,000 defendants over one year.

Emma Stammen, the policy strategist at The Bail Project, said SB 1381 would help Oklahoma reduce its reliance on preset bond schedules, which vary widely by jurisdiction. She said defendants who are arrested and cannot afford the preset amount sometimes wait a week or more to appear before a judge. “They’re often showing up at their initial appearances alone without anyone to represent them or advocate for them,” Stammen said. “This can increase their bail amounts and result in people being detained continuously.”

Along with mandating timely hearings and access to counsel, SB 1381 also requires courts to implement an automated text notification system reminding defendants of court hearings. That was one of several recommendations made by Gov. Kevin Stitt’s MODERN Justice Task Force in December 2023.

The task force, composed of district attorneys, sheriffs and court officials, noted a significant reduction in failure to appear warrants in jurisdictions that utilize the technology.

“There are lots of studies in other jurisdictions about just how much court reminders save in terms of taxpayers’ dollars,” Stammen said. “There are lots of costs associated with missing a court date and having to reschedule, paying everyone for their time and then issuing arrest warrants.”

A representative for Tracey Halley-Terrell, president of the Oklahoma Bondsman Association, said she was traveling and unable to comment on the proposals.

Rader, who has led several criminal justice reform efforts in the Senate, said he will continue to advocate for SB 1381 to be implemented statewide.

“We have to understand that for us to follow the constitution, these dollars must be expended,” he said.