Transcript
There is a problem in Oklahoma. Every day, thousands of people sit in jail without being formally convicted of a crime.
The state has one of the highest pretrial incarceration rates in the country, with nearly 70% of those incarcerated having not even been convicted of a crime.
This current pretrial system isn’t just unfair. It’s also very inefficient.
Having thousands of people sitting in jail without having been convicted of a crime wastes their lives and costs taxpayers millions of dollars.
There are three essential pieces to creating a pretrial justice system that is efficient and fair.
The first is providing people with guaranteed access to counsel.
The Sixth Amendment states that every American citizen has the right to legal representation for their defense, which was confirmed at the state level through the outcome of Gideon v. Wainwright.
The right to counsel has become a major issue in Oklahoma, where people remain in jail waiting for legal counsel to be assigned.
Some people wait up to 90 days to receive counsel, spending that time behind bars.
Oklahomans should have the right to legal counsel for their initial hearing. Doing so would ensure that they are able to consult with their counsel before and during the hearing.
Imagine you’re in jail in Oklahoma.
You’re now awaiting an initial hearing where a judge can assess the charges against you and set a bail amount.
But what you don’t know is that in Oklahoma, many people wait in jail for over a week before even appearing before a judge.
So you sit in jail, and you wait, and wait, and wait – waiting to have your initial hearing.
This is not how the justice system should work. Each day that you spend in jail is a day of your life wasted – and taxpayer money spent on something that could have been completely avoided.
Instead of waiting to receive a hearing, the courts must be mandated to hold initial hearings with arrested individuals within 48 hours of arrest on weekdays and within 72 hours on weekends.
With hearings happening within 48 or 72 hours, defendants will no longer have to spend unnecessary time in jail and are able to post bail to fight their case outside of a cell.
With so much going on in our lives, it can be hard to remember important dates and appointments. Usually, if you miss an appointment, you can just reschedule with no repercussions.
This is not true if you miss a court date. Missing a court date can have serious repercussions on a person’s life.
That’s why the third essential piece of a fair pretrial system is court date reminders.
Missing a court date is referred to as FTA, failure to appear, and can result in being arrested and spending time in jail.
Time and money is being wasted arresting and incarcerating people for what is simply a scheduling error.
In Tulsa County, those jailed for FTAs remain incarcerated for an average of 15 days, costing taxpayers $1.2 million in jail costs alone.
With automated court reminders, individuals would receive a text or email reminding them of their upcoming court appearance.
This is a service that the Bail project has offered to clients, resulting in a 92% court appearance rate.
During the initial hearing, the defendants would provide their contact information to the judge and then be automatically enrolled in a court notifications program to ensure they receive regular notifications before each court appearance.
The reminders would then be scheduled for one week, three days, and one day before each court appearance.
Implementing effective court reminders could save Oklahoma $1.75 million annually.
Having regular court notifications will ensure that Oklahomans know when to show up for court and can consistently attend their court dates, leading to a decrease in those being jailed for missed court appearances.
These three pieces of a fair and just pretrial system are all common sense. They’re cost effective, and they save money for the state.
The less unnecessary time Oklahomans spend in jail, the more taxpayer money is being saved.
With access to counsel, timely bail hearings and court reminders, we can ensure that Oklahoma’s pretrial system is built to serve all people equally.
The Oklahoma legislature is currently considering SB 1381, the Pretrial Release Pilot Program, which offers a common-sense solution to the state’s pretrial incarceration crisis.
On any given day, more than 9,000 Oklahomans sit in local jails – nearly 70% of them legally innocent and jailed simply while awaiting their day in court. This broken system undermines due process, worsens racial disparities, destabilizes families, overcrowds jails, and costs taxpayers millions – all while failing to improve public safety.
Fortunately, a common-sense solution is within reach. SB 1381, the Pretrial Release Pilot Program, transforms Oklahoma’s legal landscape through three proven pillars: access to counsel at bail hearings, timely bail hearings, and mandatory court notifications.
1. Access to Counsel
Every Oklahoman should be offered a court-appointed attorney to be present from their very first appearance in court. Initial hearings are where pretrial freedom is decided, yet too many Oklahomans – inexperienced in legal matters – face them alone against the full power of the state. Legal representation at pretrial and bail hearings is essential because it ensures judges receive complete information about defendants, significantly increases the chances of pretrial release without unaffordable bail, and prevents defendants from facing the impossible choice between prolonged detention and pleading guilty regardless of actual innocence. A legal system where only one side is adequately represented is unfair and inefficient. Furthermore, providing counsel at first appearance bolsters public safety by helping individuals avoid the destabilizing effects of pretrial detention, which can often lead to rearrests and nonappearance.
2. Timely Bail Hearings
Justice delayed is justice denied. In Tulsa County, some have to wait up to 15 days before speaking to a judge. Oklahomans deserve swift legal processes that move cases forward and ensure that people aren’t separated from their jobs and homes longer than necessary. To prevent these prolonged stints in jail, it is essential that initial court hearings are held within 48 hours after arrest. Having more timely initial hearings will allow defendants to assess their charges and post bail faster, reducing the unnecessary amount of time they spend behind bars.
3. Mandatory Court Notifications
Court notification systems are proven, cost-effective tools that significantly improve court appearance rates. Most people miss court not because they are avoiding accountability, but because dates are set months in advance, hearings are rescheduled, and written notices are easily lost. Providing free court reminders helps Oklahomans return to court, reduces missed appearances, and saves taxpayer dollars. Courts should automatically enroll defendants in reminders sent one week, three days, and one day before each court date. These effective reminders clearly state the date, time, and location of the hearing and explain the consequences of missing court. By addressing confusion and lack of communication, Oklahoma can improve compliance without increasing surveillance or punishment.
The Pretrial Release Pilot Program: The Future of Pretrial Fairness in Oklahoma
The Pretrial Release Pilot Program is more than just a policy update; it is a commitment to the fundamental principle that every Oklahoman is presumed innocent until proven guilty. By guaranteeing legal representation at the first hearing, mandating timely judicial reviews, and implementing reliable court reminders, SB 1381 creates a blueprint for a more efficient and equitable legal system. This program offers an opportunity to enhance public safety while protecting the livelihoods of our neighbors and the pockets of our taxpayers. If passed, Oklahoma can move away from a system of unnecessary detention and toward one defined by safety, fairness, and true justice for all.
We need your help to secure freedom for people trapped behind bars because of unaffordable bail.
Your support gives hope to the thousands of people still trapped in pretrial detention. We’ve supported more than 40,000 clients through free bail assistance and community-based support services like affordable housing and healthcare, and mental health services. You can help secure the freedom of thousands more.
The Bail Project is a 501(c)(3) nonprofit organization that is only able to provide direct services and sustain systems change work through donations from people like you.
