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Twenty seconds. That’s how long some defendants have during one of their first court appearances in Oklahoma County when the judge reads their charges and sets bail. And judges rarely ask defendants about their personal circumstances or ability to pay bail, as the law requires. 

The issue is on the radar of some Oklahoma lawmakers. 

Sen. Dave Rader, R-Tulsa, and Rep. Nicole Miller, R-Edmond, will hold a hearing at the Oklahoma Capitol later this year to examine pretrial practices in Oklahoma County. The goal is to create a “blueprint” for courts to ensure people charged with crimes receive fair and timely hearings in line with constitutional requirements, Rader said. 

Rep. Erick Harris, R-Edmond, will also host a similar interim study on criminal pretrial procedures this year. Harris did not respond to emailed questions or phone calls from The Frontier.

Courts have ruled that people charged with crimes have a right to individualized hearings where a judge asks about how likely they are to show up to court, financial circumstances and other factors that could affect their ability to post bail. The Frontier and KOSU previously reported that Oklahoma County bail hearings don’t meet these standards. 

Tulsa and Canadian counties have already faced civil rights lawsuits over similar practices. Rader introduced Senate Bill 1381 last legislative session in hopes of avoiding litigation against other counties. The measure would have enacted pretrial reforms across the state, including requiring speedy individualized bail hearings. Rader later amended the bill, limiting its scope to a pilot program in Oklahoma County, but the measure didn’t get a hearing in the House. 

Rader proposed the interim study because he still hopes to help counties avoid lawsuits. He expects Oklahoma and Tulsa counties to be involved in the study. Rader said he plans to introduce legislation next year based on discussions had during the hearing. 

Oklahoma County Chief Public Defender Brigitte Biffle said she hasn’t yet been asked to participate in any interim studies, though she hopes to be a part of any discussions on pretrial procedures and reform. Her office represents many people in Oklahoma County who are indigent and can’t afford bail. 

“I hope we can provide valuable input to the legislature as there are many changes that could benefit this process and make the process more efficient and cost-effective,” Biffle said. 

Sen. Mark Mann, D-Oklahoma City, will host an interim study later this year to determine whether Oklahoma has enough resources for pretrial release programs. He became aware of the issue after reading The Frontier and KOSU’s investigation into how Oklahoma County’s pretrial release program is chronically underutilized, he said. 

Oklahoma County’s pretrial release program is operated by the nonprofit The Education and Employment Ministry, or TEEM. Case managers monitor participants, ensuring they appear in court and comply with drug testing and other conditions of release and connect participants with mental health or substance abuse treatment, employment assistance and other resources.

But prosecutors frequently oppose TEEM release for eligible defendants. Oklahoma County District Attorney Vicki Behenna said their office believes TEEM lacks the resources and staff necessary to ensure adequate supervision of participants, something she says the state should allocate additional funding to support. 

“We’ve got a lot of other people that could benefit from that program that don’t have access to it because of lack of resources,” Mann said.

Kris Steele, executive director of TEEM, said he looks forward to working with Mann and judicial leaders in Oklahoma County to ensure timely arraignment hearings and effective pretrial services and support for Oklahomans. He said the interim study is an important step to “guarantee the protection of constitutional rights and advancement of public safety.”

The Oklahoma County District Attorney’s Office will participate in Mann’s study, and Mann says he also plans to invite TEEM. The study will examine the impact of releasing defendants before trial and narrow in on what resources are needed to bolster TEEM supervision, he said. 

“Everyone is innocent until proven guilty, and just because you are in poverty and can’t afford bail does not mean you should have to sit in jail,” Mann said.