Oklahoma lawmakers will look to tackle a broad array of criminal justice issues in the coming months, including raising the burden of proof for civil asset forfeiture and expanding parole eligibility for Oklahoma’s aging prison population.
House bills face a Feb. 19 deadline to advance out of policy committees. Senate bills have until March 5 to clear committee and be eligible for a floor vote.
Measures that fail would have to be refiled next year, as 2026 marks the last year of the 60th Oklahoma Legislature.
Here’s a look at five criminal justice bills to follow in 2026:
Raising Evidentiary Burden for Civil Asset Forfeiture
Bill Number: House Bill 3283
Sponsor: Rob Hall, R-Tulsa
Under House Bill 3283, prosecutors would have to present clear and convincing evidence that seized property is connected to criminal activity. Current statute requires only a preponderance of the evidence, or more likely than not.
Oklahoma’s lax civil asset forfeiture laws have drawn scrutiny for decades. Reform attempts received bipartisan support in the mid-2010s, but faltered after pressure from law enforcement groups.
Seizures of money and property often aren’t tied to criminal charges, Oklahoma Watch reported in June. In one instance, Oklahoma Highway Patrol seized $62,650 in cash from two Illinois brothers despite them presenting evidence of the source of the money.
The Department of Public Safety agreed to return the cash in July, ten months after the traffic stop, on the condition that Jimmy and Jabrion Hardin don’t seek further action against the state and cover their own attorney fees.
Expanding Aging Parole Eligibility
Bill Number: Senate Bill 1244
Sponsor: Dave Rader, R-Tulsa
This bill would allow prisoners 60 or older, regardless of their conviction, to request aging parole once they’ve served the lesser of 10 years or one-third of their sentence.
Current law authorizes aging parole only for nonviolent offenders. Proponents of the legislation say the change could allow Oklahoma to chip away at its aging prison population, which has doubled since 2009.
“A 60-year-old that spends a lot of time in prison is closer to 80 in biological age,” said Michael Olsen, the policy counsel for Oklahomans for Criminal Justice Reform. “These people are costing a lot, and we’re basically having a high-security nursing home that the taxpayers are funding. The good part about this parole process is we can kind of shift the cost burden.”
Requiring Pretrial Risk Assessments
Bill Number: Senate Bill 1618
Sponsor: Todd Gollihare, R-Kellyville
This proposal requires courts to conduct individualized pretrial risk assessments when setting bail, with the goal of limiting unnecessary pretrial detention.
The defendant’s criminal history, community ties and severity of the charge are among the 13 factors outlined in the bill. Judges could deviate from the report and recommendation, but would have to state their reasoning on the record.
Bail reform last received serious consideration in the Legislature in 2019, when a bill requiring courts to conduct individualized bail assessments for nonviolent offenders advanced in the House and Senate. Senate Bill 252 ultimately failed after lobbying from law enforcement and bail bonds industry groups.
Waiving Court Fines and Fees
Bill Number: Senate Bill 1450
Sponsor: Julie Daniels, R-Bartlesville
Criminal defendants who make regular fine and fee payments could have their debt erased under this legislation.
SB1450 requires courts to waive fines, costs and fees for those who have made regular payments for 48 out of 60 months and complied with their supervised release.
Daniels proposed a similar bill in 2022, which passed unanimously in the Senate but stalled in the House. At the time, she argued the proposal would incentivize regular payments and compliance with probation terms.
Offering Free Prison Phone Calls
Bill Number: Senate Bill 1294
Sponsor: Nikki Nice, D-Oklahoma City
This bill requires the Oklahoma Department of Corrections and the Office of Juvenile Affairs to offer free phone calls.
Six states have made prison phone calls free, citing benefits like reduced violence and lower recidivism rates for prisoners with strong family connections. Oklahoma prisoners and their families pay 14 cents per minute for calls, which amounts to about $63 per month for a daily 15-minute call.
The Department of Corrections would take a revenue hit under SB1294. Since September, Securus Technologies has paid a $375,000 monthly commission to the agency, which is allotted for prisoner programs and services.
