Okla. Stat. tit. 59 § 1350.7

Current through Laws 2024, c. 453.

Section 1350.7 - Enforcement of act

A. The Director of the Council on Law Enforcement Education and Training, and any staff member designated by the Director, shall have all the powers and authority of peace officers of this state for the purposes of enforcing the provisions of the Bail Enforcement and Licensing Act, and all other duties which are or may be conferred upon the Council by the Bail Enforcement and Licensing Act. The powers and duties conferred on the Director or any staff member appointed by the Director as a peace officer shall not limit the powers and duties of other peace officers of this state or any political subdivision thereof. Nothing in the Bail Enforcement and Licensing Act shall be construed to restrict the Director from appointing the same staff members as peace officers to enforce both the Oklahoma Security Guard and Private Investigator Act and the Bail Enforcement and Licensing Act.

B. The Council shall have the following powers and duties:

1. To promulgate rules and forms to implement, enforce and carry out the purposes of the Bail Enforcement and Licensing Act;

2. To establish and enforce standards governing the training of persons required to be licensed pursuant to the Bail Enforcement and Licensing Act with respect to:

a. issuing, denying, or revoking certificates of approval to bail enforcement training schools, and programs administered by the state, a county, a municipality, a private corporation, or an individual,

b. certifying instructors at approved bail enforcement training schools,

c. establishing minimum requirements for bail enforcement training schools and periodically reviewing these standards, and

d. providing for periodic inspection of all bail enforcement training schools or programs;

3. To establish minimum curriculum requirements for training as the Council may require for bail enforcers and armed bail enforcers. Training requirements for unarmed bail enforcers shall be not less than forty (40) hours of instruction which shall be in addition to the Phase I, II, and III training requirements. Training requirements for armed bail enforcers shall be the same as for unarmed bail enforcers plus Phase IV firearm and weapons training;

4. To establish minimum requirements for a mandatory continuing education program for all licensed bail enforcers which shall include, but not be limited to:

a. establishing a designated minimum number of clock hours of required attendance, not less than twenty-four (24) clock hours during the licensing period, at accredited educational functions,

b. establishing the penalties to be imposed upon a licensee for failure to comply with the continuing education requirements, and

c. providing that the expense of such continuing education shall be paid by the licensee participating therein;

5. To grant a waiver of any training requirement, except firearms training and weapons training which shall be required for an armed bail enforcer license, unless the applicant has completed at least one (1) year of full-time employment as an armed security guard, armed private investigator, or CLEET-certified law enforcement officer within the three-year period immediately preceding the date of application and the applicant provides sufficient documentation thereof as may be required by the Council;

6. To grant an applicant credit for fulfilling any prescribed course or courses of training, including firearms training, upon submission of acceptable documentation of comparable training. The Council may grant or refuse any such credit at its discretion;

7. To issue the licenses and identification cards provided for in the Bail Enforcement and Licensing Act;

8. To investigate alleged violations of the Bail Enforcement and Licensing Act, or rules promulgated pursuant thereto, and to deny, suspend, or revoke licenses and identification cards if necessary, or to issue notices of reprimand to licensees with or without probation under the rules promulgated by the Council;

9. To investigate alleged violations of the Bail Enforcement and Licensing Act by persons not licensed in this state as bail enforcers and to impose administrative sanctions pursuant to rule, to seek injunctions pursuant to Section 1750.2A of Title 59 of the Oklahoma Statutes, or seek criminal prosecution, or any and all of the foregoing;

10. To provide all forms for applications, identification cards, badges, and licenses required by the Bail Enforcement and Licensing Act;

11. To immediately suspend a license if a licensee's actions present a danger to the licensee or to the public; and

12. To require additional testing for continuation or reinstatement of a license if a licensee exhibits an inability to exercise reasonable judgment, skill, or safety.

C. The Council may use staff and resources established for the Oklahoma Security Guard and Private Investigator Act to implement, administer and enforce the Bail Enforcement and Licensing Act and shall use funds available from the CLEET Bail Enforcement Revolving Fund created pursuant to Section 21 of this act for necessary financial support for the Bail Enforcement and Licensing Act.

D. Nothing in the Bail Enforcement and Licensing Act or the Oklahoma Security Guard and Private Investigator Act shall be construed to prohibit the Council from authorizing approved training schools or individuals to conduct combined education or training for security guards, private investigators and bail enforcers, including Phases I, II, III and IV training.

Okla. Stat. tit. 59, § 1350.7

Added by Laws 2013 , c. 407, s. 8, eff. 11/1/2013.