Bill would forgive detainees for not appearing in court

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  • Sen. Carri Hicks and Rep. Judd Storm
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One state senator doesn’t believe people should be punished for not appearing in court when they’re incarcerated or detained by law enforcement agencies.

That’s why Oklahoma City Democrat Carri Hicks introduced Senate Bill 44 so any charges or warrants for such individuals will be dismissed, she said.

“This is a necessary change to drop the fines for a situation the individual has no control over,” Hicks said. “I’m working with a group focused on criminal justice reform. There is nothing more common-sense oriented than this. We need to reduce the burden on these individuals.”

SB 44 requires any charges or warrants issued for failure to appear in court to be dismissed upon the defendant showing the court that he or she was incarcerated or otherwise detained by law enforcement at the time of the failure to appear.

The bill, which unanimously passed the eight-member Senate’s Judiciary Committee, now moves to the full Senate for its consideration. State Rep. Judd Strom, R-Copan, will carry the bill in the House.

Hicks said she hasn’t heard of any formal opposition to the measure. 

Court fees, like those assessed on charges of failure to appear, help fund Oklahoma’s court system. That issue, Hicks said, could become an issue when the entire Senate and House vote on the bill.

However, Hicks noted that some judges already use their discretion to waive fees in these particular cases. 

“But not every judge is doing that,” she noted. 

District court funding for each of Oklahoma’s 77 counties predominantly comes from court collections, such as the fees and fines paid by defendants. Since fiscal year 2007, about 66% to 90% of annual district court funding came from court collections. The remainder was appropriated by lawmakers from the state’s general fund, court records show.