Cite as: 22 CNCA § 1115.5

Any person accused of or detained for any of the following offenses or conditions shall not be eligible for bail until the offender has been brought before a magistrate of the Cherokee Nation Court. The magistrate may prescribe conditions for release of the offender at such time:

1. A person arrested for an offense involving domestic violence such as strikes, shoves, kicks, or strangulation, or who otherwise touches a person or subjects him or her to physical contact, or is charged with a violation of a protection order, may not be admitted to bail until after an appearance before a Magistrate within thirty-six (36) hours of the arrest. Prior to the release of the person, the Magistrate shall review the facts of the arrest to determine whether the person is a threat to the alleged victim, is a threat to public safety, and is reasonably likely to appear in court.

2. Aggravated driving under the influence of an intoxicating substance, 47 CNCA § 11–902;

3. Any offense prohibited by the Oklahoma, federal and tribal Trafficking in Illegal Drug Acts, 21 CNCA § 2414 et seq.;

4. Any person having a violent felony conviction within the last ten (10) years;

5. Appeal bond;

6. Arson in the first degree, including attempts to commit arson in the first degree, 21 CNCA § 1401;

7. Assault and battery on a police officer, 21 CNCA § 649;

8. Bail jumping in any jurisdiction of the United States;

9. Bribery of a public official, 21 CNCA § 380;

10. Burglary in the first or second degree, 21 CNCA § 1431;

11. Distribution of a controlled dangerous substance, including the sale of possession of a controlled dangerous substance with intent to distribute or conspiracy to distribute, 21 CNCA § 2101;

12. Driving under the influence of intoxicating substance where property damage or personal injury occurs, 47 CNCA § 11–904;

13. Any person who engages in reckless conduct while possessing any firearm, 21 CNCA § 1289.11;

14. Sex offenses, 21 CNCA § 881 through 21 CNCA § 1111;

15. Kidnapping, 21 CNCA § 741;

16. Manufacture of a controlled dangerous substance, 21 CNCA § 2401;

17. Persons currently on pretrial release or probation or parole by any agency with proper jurisdiction who are arrested on a new offense;

18. Any person who unlawfully possesses, manufactures, sells, uses or delivers any explosive device, foul, poisonous, offensive, or injurious substance according to 21 CNCA § 1767.1;

19. Possession of a controlled dangerous substance on Schedule I or II of the Controlled Dangerous Substances Act, 21 CNCA § 2401;

20. Possession of a firearm or other offensive weapon during the commission of a crime, 21 CNCA § 1287;

21. Possession of a stolen vehicle;

22. Rape in the first degree, including attempts to commit rape in the first degree, 21 CNCA § 1111;

25. Rape in the second degree, including attempts to commit rape in the second degree, 21 CNCA § 1111;

26. Robbery by force or fear, 21 CNCA § 792;

27. Robbery with a firearm or dangerous weapon, including attempts to commit robbery with a firearm or dangerous weapon, 21 CNCA § 801;

28. Sexual assault or violent offenses against children, 21 CNCA § 852.1;

29. Shooting with intent to kill, 21 CNCA § 652;

30. Stalking or violation of a protective order from any court with proper jurisdiction;

31. Any person having two or more prior felony convictions.

Historical Data

LA 19–06, eff. August 13, 2006.