A. If all correctional facilities reach maximum capacity and the Department of Corrections is required to contract for bed space to house state inmates:
1. The Pardon and Parole Board shall consider all nonviolent offenders for parole who are within six (6) months of their scheduled release from a penal facility; and
2. Prior to contracting with a private prison operator to provide housing for state inmates, the Department shall send notification to all county jails in this state that bed space is required to house the overflow population of state inmates. Upon receiving notification, the sheriff or jail trust administrator of a county jail is authorized to enter into agreements with the Department to provide housing for the inmates. Reimbursement for the cost of housing the inmates shall be a negotiated per diem rate for each inmate as contracted but shall in no event be less than the per diem rate provided for in Section 38 of this title.
B. No inmate may be received by a penal facility from a county jail without first scheduling a transfer with the Department. Within five (5) business days after the court orders the judgment and sentence, the court clerk shall transmit to the Department by facsimile, electronic mail, or actual delivery a certified copy of the judgment and sentence.
C. The receipt of the certified copy of the judgment and sentence shall be certification that the sentencing court has entered a judgment and sentence and all other necessary commitment documents. The Department of Corrections is authorized to determine the appropriate method of delivery from each county based on electronic or other capabilities, and establish a method for issuing receipts certifying that the Department has received the judgment and sentence document. The Department shall establish a dedicated electronic address location for receipt of all electronically submitted judgment and sentence documents. The electronic address location shall provide written receipt verification of each received judgment and sentence document. Once an appropriate judgment and sentence document is received by the Department of Corrections, the Department shall contact the sheriff or jail trust administrator when bed space is available to schedule the transfer and reception of the inmate into the Department.
D. If the Department receives a judgment and sentence document from a county that includes inaccurate information from the sentencing court the Department shall notify the county within a timely manner.
E. When a county jail has reached its capacity of inmates as provided in the standards set forth in Section 192 of Title 74 of the Oklahoma Statutes, then the county sheriff or jail trust administrator shall notify the Director of the Oklahoma Department of Corrections, or the Director's designated representative, by facsimile, electronic mail, or actual delivery, that the county jail has reached or exceeded its capacity to hold inmates. The notification shall include copies of any judgment and sentences not previously delivered as required by subsection B of this section. Then within seventy-two (72) hours following such notification, the county sheriff or jail trust administrator shall transport the designated excess inmate or inmates to a penal facility designated by the Department. The sheriff or jail trust administrator shall notify the Department of the transport of the inmate prior to the reception of the inmate. The Department shall schedule the reception date and receive the inmate within seventy-two (72) hours of notification that the county jail is at capacity, unless other arrangements can be made with the sheriff or jail trust administrator.
F. The Department will be responsible for the cost of housing the inmate in the county jail including costs of medical care provided from the date the judgment and sentence was ordered by the court until the date of transfer of the inmate from the county jail. The Department shall implement a policy for determination of scheduled dates on which an inmate or multiple inmates are to be transferred from county jails. The policy shall allow for no less than three alternative dates from which the sheriff or jail trust administrator of a county jail may select and shall provide for weather-related occurrences or other emergencies that may prevent or delay transfers on the scheduled date. The policy shall be available for review upon request by any sheriff or jail trust administrator of a county jail. The cost of housing shall be the per diem rate specified in Section 38 of this title. In the event the inmate has one or more criminal charges pending in the same Oklahoma jurisdiction and the county jail refuses to transfer the inmate to the Department because of the pending charges, the Department shall not be responsible for the housing costs of the inmate while the inmate remains in the county jail with pending charges. Once the inmate no longer has pending charges in the jurisdiction, the Department shall be responsible for the housing costs of the inmate for the period beginning on the date the judgment and sentence or final order was ordered by the Court. In the event the inmate has other criminal charges pending in another Oklahoma jurisdiction, the Department shall be responsible for the housing costs while the inmate remains in the county jail awaiting transfer to another jurisdiction or until the date the inmate is scheduled to be transferred to the Department, whichever is earlier. Once the inmate is transferred to another jurisdiction, the Department is not responsible for the housing cost of the inmate until such time that another judgment and sentence is received by the Department from another Oklahoma jurisdiction.
The sheriff or jail trust administrator may submit invoices for the cost of housing the inmate on a monthly basis. Final payment for housing an offender will be made only after the official judgment and sentence is received by the Department of Corrections.
Added by Laws 1981, S.J.R. No. 14, p. 1291, § 2, emerg. eff. April 13, 1981. Amended by Laws 2001, c. 204, § 1, eff. July 1, 2001; Laws 2004, c. 239, § 3, eff. July 1, 2004; Laws 2008, c. 366, § 7, eff. July 1, 2009; Laws 2015, c. 307, § 1, eff. Nov. 1, 2015; Laws 2017, c. 260, § 1, eff. Nov. 1, 2017; Laws 2019, c. 247, § 1; Laws 2021, c. 351, § 1, eff. Nov. 1, 2021.
Structure Oklahoma Statutes
Title 57. Prisons and Reformatories
§57-1. County commissioners - Inspection of jails.
§57-2. Prohibition against intoxicating beverages in jails.
§57-4. Jails to be kept clean - Care of prisoners.
§57-4.1. Administering medications.
§57-4.2. Restraints on pregnant inmates – Access to certain persons during delivery.
§57-5. Bible furnished for each prisoner - Ministers to have access.
§57-6. Courts may sentence to hard labor.
§57-7. Marshal shall superintend labor in towns.
§57-9. Penalty for cruelty to prisoners.
§57-10. Protection from annoyance - Penalty for annoying prisoners.
§57-13. Escape when committed for capital offenses a felony.
§57-14. Removal of prisoners in case of fire.
§57-15. When a poor convict is held for fine and costs.
§57-16. Jails of state to receive federal prisoners.
§57-16a. Receiving and holding United States prisoners – Immigration detainer requests.
§57-17. United States shall be liable for expenses.
§57-18. Calendar of United States prisoners.
§57-20. Credit on fine and costs - Credit for efficient work and good behavior.
§57-21. Contraband in jails or penal institutions - Penalties.
§57-22. Receiving compensation for providing goods or services for benefit of inmate – Penalties.
§57-31. Corporal punishment prohibited.
§57-32. Violation a misdemeanor.
§57-37. Facilities reaching maximum capacity.
§57-38. Jail reimbursement rate - Reimbursement for medical expenses.
§57-38.1. Reimbursement for disciplinary incarceration under community sentencing.
§57-38.2. Reimbursement for incarceration ordered as an intermediate sanction.
§57-38.3. Reimbursement and payment for medical care and treatment.
§57-41. Establishment or access to jail in another county - Private prison contractors.
§57-42. Common jails used as prisons, when.
§57-47. Sheriff to have charge of the jail.
§57-49. Sheriff shall furnish court with copy of register or computer record.
§57-51. Duty of county board - Medical officer - Reports.
§57-52. Sheriff to provide board, medical care and necessities - Compensation - Purchases.
§57-55. Penalty for sheriff's neglect.
§57-56. Penalty for breaking jail.
§57-58. Employment of prisoners.
§57-58.1. Public property maintenance and jail work details.
§57-58.2. Order of jail administrator for prisoner labor - Supply of guards.
§57-58.3. Sentence and fine or cost credits for prisoner labor.
§57-59. Grand juries shall examine prisons.
§57-60. Sheriff to be paid for keeping prisoners.
§57-61. Sheriff to keep copy of order of confinement.
§57-62. Commitments and discharges to be filed.
§57-63. Box containing commitments and discharges to be delivered to successor.
§57-64. County without prison.
§57-65. Credit for good behavior and blood donations - Duty of sheriff.
§57-68. Jail facilities operated by private prison contractor - Application of state law.
§57-69. Meals for county jail and correctional facilities personnel.
§57-95. Delivery of sentenced person by sheriff or detention center - Receipts.
§57-96. Foreign convicted offenders - Transfer or exchange.
§57-97. Department of Corrections Offender Transport Revolving Fund.
§57-115. Reentry program for offenders needing structured release.
§57-138. Earned credits - Eligibility.
§57-138.1. Meritorious acts - Credit.
§57-211. Occupational rosters.
§57-212. Requisition of service of prisoners - Direction to furnish prisoner personnel.
§57-214. Immunity from civil suits.
§57-217. Lists of prisoners eligible for public work projects.
§57-218. Expense of prisoners.
§57-220. Civil rights not restored.
§57-221. Violation of rules and regulations.
§57-224. Service or maintenance work for other state, county, municipality or federal agency.
§57-227. Application - Exemption from Workers' Compensation Act - Liability for injuries.
§57-228. Tort immunity - Waiver - Insurance.
§57-332. Pardons and paroles - Power of Governor.
§57-332.1. Professional investigators, clerical and administrative personnel.
§57-332.1A. Training for the members of the Pardon and Parole Board.
§57-332.1B. Pardon and Parole Board – Member eligibility.
§57-332.4. Selection of Chairman - Compensation and expenses.
§57-332.4a. Pardon and Parole Board - Reimbursements.
§57-332.6. Administration of oaths.
§57-332.7. Consideration for parole.
§57-332.8. Conditions for parole - Employment and residence assistance.
§57-332.15. Board members not to represent inmates - Voting prohibited in certain cases.
§57-332.16. Time for Governor to act on parole recommendation – Exceptions.
§57-332.18. Placement on Board docket for medical reason.
§57-332.19. Action by Governor on application for pardon.
§57-332.20. Two-stage parole consideration process - Tracking effects - Data collection.
§57-332.21. Power of Board to parole certain prisoners.
§57-347. Out-of-state parolee supervision - Compacts with other states.
§57-349.3. Rights of parolee or probationer.
§57-349.4. Hearings held in other states - Effect.
§57-350. Deduction from sentence of time spent on parole - Revocation of parole.
§57-353.1. Minimum and maximum terms of confinement – Assessment of terms by jury.
§57-354. Continuing study of prisoner by pardon and parole board - Hearings - Recommendations.
§57-355. Rules and regulations.
§57-357. Professional investigators - Qualifications - Waiver - Attorneys.
§57-358. Office space for interviewers - Access to inmate records.
§57-360. Notification of pardon or parole.
§57-360.1. Notice to victim notification service provider of projected date of release.
§57-400. Acute psychiatric care units.
§57-503. Board - Creation - Members - Terms - Removal.
§57-504. Board - Officers - Rules and regulations - Travel expenses - Powers and duties.
§57-504.7. Kate Barnard Community Corrections Center - Female inmates.
§57-505. Department - Creation - Divisions.
§57-506. Director - Qualifications - Appointment – Removal.
§57-507. Director - Status - Powers and duties.
§57-508. Divisions - Deputy Directors - Compensation - Qualifications of deputy directors.
§57-508.3. Construction Division.
§57-508.4. Investigations Division.
§57-509.1. Oklahoma Children's Center at Taft - Transfer to Department of Corrections.
§57-509.2. Town of Taft - Patrols and law enforcement.
§57-509.4. Special treatment program for inmates with severe psychiatric problems.
§57-509.6. Special unit for elderly, disabled and sick inmates.
§57-510. Penal institutions — Director's specific powers and duties.
§57-510.1. Time away from correctional facility for committed offender - Purposes.
§57-510.5. Oklahoma Inmate Literacy Act - Short title.
§57-510.6. Intent of Legislature - Educational opportunities for inmates.
§57-510.7. High school equivalency development – Duties of Department of Corrections.
§57-510.8. Priority of placement - Refusal to participate - Waiver of educational requirements.
§57-510.8a. Pilot programs on phonetics and reading.
§57-510.8b. Pilot diversion program.
§57-510.8c. Criminal Justice Pay for Success Revolving Fund.
§57-510.9. Electronic Monitoring Program.
§57-510.10. Electronic monitoring of inmates.
§57-510A. Department of Corrections Offender Management System Revolving Fund.
§57-512.1. Credits for compliance with terms and conditions of parole supervision.
§57-513. Discharged prisoners - Clothing, transportation and funds.
§57-513.2. Notification of completion of sentence or discharge of inmate from custody.
§57-513.2a. Failure to give notification - Improper disclosure - Immunity from liability.
§57-515. Probation-parole officers.
§57-515a. Felony probation supervision.
§57-521.1. Transformational Justice Act - Reentry Policy Council - Travel expenses.
§57-525. Offices and residences for wardens.
§57-528. Employees - Duties and compensation.
§57-528.1. Additional sick leave benefits.
§57-528.2. Limitations on additional sick leave benefits.
§57-528.3. Repair and replacement of employee's personal property.
§57-528.4. On-the-job safety and performance programs - Awards.
§57-528.5. Reimbursement for cost of commercial driver license.
§57-528.6. Critical incidents - Paid administrative leave.
§57-528.7. Hourly wage increase for Department personnel.
§57-528.8. Hourly wage increase for Department personnel at certain facilities.
§57-529. Medical research program - Expenses.
§57-530. Receiving center for new prisoners.
§57-530.1. Assessment and reception of inmates - Duties of Department of Corrections.
§57-530.2. Designating persons to receive personal property and remains of deceased inmate.
§57-530.4. Oklahoma Criminal Illegal Alien Rapid Repatriation Act of 2009.
§57-530.5. Inmate rehabilitation case plans.
§57-533. Centralized food buying - Management of agricultural and livestock services.
§57-535. Filling of a designated grade in next lower grade.
§57-537. Canteen System Board of Directors - Canteen system operations.
§57-538. Vocational-technical education policies and programs.
§57-539. Administrative actions.
§57-539.1. Methods for selection of vocational or vocational-technical programs offered to inmates.
§57-541. Industries Revolving Fund.
§57-543. Work release centers - Establishment and operation.
§57-543.1. Employment of inmates during strikes and labor disputes.
§57-545. Employment of inmates - Claims against inmates.
§57-549. Powers and duties of State Board of Corrections.
§57-549.1. Purchase of prison industries goods and services.
§57-549.2. Oklahoma Prison Industry Marketing Development Advisory Task Force.
§57-550. Designation of persons to act on behalf of Board of Corrections.
§57-551. Transfer of personnel spaces and funds.
§57-552. Referral of inmates to Pardon and Parole Board.
§57-555. Purchase of utility easements.
§57-556. Lease of residences near penal institutions.
§57-557. Department of Corrections Revolving Fund.
§57-557.2. Oklahoma Community Sentencing Revolving Fund.
§57-560. Architectural contracts - Restrictions.
§57-561.1. Private prison contractors - Requests for proposals or negotiated contracts.
§57-561.2. Siting of correctional facilities - Contractor selection process.
§57-561.3. Private prison operators to furnish medical care.
§57-561.4. Private Prison and Halfway House Capacity Development Revolving Fund.
§57-561.5. Distributions from Private Prison and Halfway House Capacity Development Revolving Fund.
§57-562. Correctional Officer Cadets.
§57-563.1. Location of private prison facilities - Restrictions.
§57-563.2. Private prison facilities for inmates.
§57-563.4. Transitional living facility – Location — Notification - Definition.
§57-564. Inmates to exhaust administrative remedies.
§57-564.1. Disciplinary proceedings – Judicial review – Requirements – Procedures.
§57-565. Affidavit in forma pauperis - Considering inmates deposited funds.
§57-566.1. Payments and distributions from damage awards.
§57-566.5. Exhaustion of administrative and statutory remedies.
§57-566.6. Claims in form of lien arising from prosecution, incarceration, or supervision of inmate.
§57-568. Hospice Care and Certified Nurse Assistant training program.
§57-581. Short title - Legislative findings.
§57-582. Persons and crimes to which act applies.
§57-582.1. Determination of offender's numeric risk level prior to release.
§57-582.4. Verification of numeric risk level by Department.
§57-585. Notifying offenders of obligation to register.
§57-586. False or misleading registration information.
§57-589. Registered offenders prohibited from certain employment - Penalties - Civil damages.
§57-590. Residency restriction - Penalty.
§57-590.2. Individual petition to remove requirement to register as sex offender.
§57-592. Definition of local law enforcement authority.
§57-593. Persons to whom act applies - Crimes to be registered under act - Judge's determination.
§57-596. Immunity from civil liability.
§57-598. Provision of false or misleading information.
§57-599. Violation - Penalties.
§57-599.1. Access to registries - Policies, procedures, forms and data.
§57-602. Authorization to execute compact - Text.
§57-623. On-site primary medical treatment programs.
§57-628. Intermediate revocation facilities.
§57-629. Sex offender stand-alone long-term care facility.
§57-631. County Community Safety Investment Fund
§57-632. Savings and averted costs from implementation of the Oklahoma Smart Justice Reform Act.