2006 Oklahoma Code - Title 57. — Prisons and Reformatories
OKLAHOMA STATUTES
TITLE 57.
PRISONS AND REFORMATORIES
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§57-1. County commissioners - Inspection of jails.
County commissioners shall inspect the jails in their respective counties at least once each year, and shall fully examine the health, cleanliness and discipline conditions of the jail. The person responsible for the administration of such jail shall provide the county commissioner with the name, age and basis for incarceration of each prisoner and if it appears to the commissioners that any provisions of law have been violated or neglected they shall give notice to the district attorney of the county. This inspection shall be in addition to that performed by the State Department of Health.
R.L. 1910, § 4603. Amended by Laws 1978, c. 244, § 13, eff. July 1, 1978.
§57-2. Prohibition against intoxicating beverages in jails.
No sheriff, jailer or keeper of any jail shall, under any pretense, give, sell or deliver to any person committed to any jail for any cause whatever, any spirituous liquor, or any mixed liquor, part of which is spirituous, or any wine, cider or strong beer, under the penalties prescribed by the prohibition law of this state, unless a physician shall certify in writing that the health of such prisoner requires it, in which case he may be allowed the quantity prescribed and no more.
R.L. 1910, § 4604. Amended by Laws 1978, c. 244, § 14, eff. July 1, 1978.
§57-3. Repealed by Laws 1978, c. 244, § 42, eff. July 1, 1978.
§57-4. Jails to be kept clean - Care of prisoners.
The person responsible for administration of a jail shall see that the jail is constantly kept in a clean and healthful condition, and shall see that strict attention is constantly paid to the personal cleanliness of all the prisoners in his custody.
R.L. 1910, § 4606. Amended by Laws 1978, c. 244, § 15, eff. July 1, 1978.
§57-5. Bible furnished for each prisoner - Ministers to have access.
The keeper of each prison shall provide, at the expense of the county or state, as the case may be, for each prisoner under his charge, who may be able and desirous to read, a copy of the Bible, or New Testament, to be used by such prisoner during his confinement, and any minister of the gospel, disposed to aid in reforming the prisoners, and instructing them in their moral and religious duties, shall have access to them at seasonable and proper times.
R.L. 1910, § 4607.
§57-6. Courts may sentence to hard labor.
Any court, justice of the peace, police court or police magistrate, in cases where such courts have jurisdiction under the laws of this state, or as provided by the ordinances or charter of any incorporated town or city in the state, shall have full power and authority to sentence such convict to hard labor as provided in this article.
R.L. 1910, § 4608.
§57-7. Marshal shall superintend labor in towns.
When the imprisonment is pursuant to the judgment of any court, police court, or police magistrate of an incorporated city or town for the violation of any ordinance, bylaw, or other regulation, the marshal shall superintend the performance of the labor herein contemplated, and shall furnish the tools and materials, if necessary at the expense of the city or town requiring the labor, and such city or town shall be entitled to the earnings of its convicts.
R.L. 1910, § 4609.
§57-8. Repealed by Laws 1978, c. 244, § 42, eff. July 1, 1978.
§57-9. Penalty for cruelty to prisoners.
If any officer or other person treat any prisoner in a cruel or inhuman manner he shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not exceeding twelve (12) months, or by both such fine and imprisonment.
R.L. 1910, § 4613.
§57-10. Protection from annoyance - Penalty for annoying prisoners.
The officer having such prisoner in charge shall protect him from insult and annoyance and communication with others while at labor, and in going to and returning from the same, and he may use such means as are necessary and proper therefor, and any person persisting in insulting and annoying or communicating with any prisoner after being first commanded by such officer to desist shall be punished by a fine not exceeding Ten Dollars ($10.00) or by imprisonment not exceeding three (3) days.
R.L. 1910, § 4613.
§57-11. Repealed by Laws 1978, c. 244, § 42, eff. July 1, 1978.
§57-12. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§57-13. Escape when committed for capital offenses a felony.
If any person committed to prison, for the purpose of detaining him for trial, for a capital offense, shall break prison and escape, he shall be guilty of a felony and shall be imprisoned in the state prison for the term of two (2) years.
R.L. 1910, § 4616. Amended by Laws 1997, c. 133, § 502, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 367, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 502 from July 1, 1998, to July 1, 1999.
§57-14. Removal of prisoners in case of fire.
If any prison, or any building thereof, shall be on fire, and the prisoners shall be exposed to danger by such fire, the keeper may remove such prisoners to a place of safety, and there confine them, so long as may be necessary to avoid such danger, and such removal and confinement shall not be deemed an escape of such prisoners.
R.L. 1910, § 4617.
§57-15. When a poor convict is held for fine and costs.
When any poor convict shall have been confined in any prison for the space of six (6) months, for nonpayment of fine and costs only, or either of them, the sheriff of the county in which such person shall be imprisoned shall make a report thereof to any two justices of the peace for such county; if required by such justices, the said keeper shall bring such convict before them, either at the prison, or at such other convenient place thereto as they shall direct; the said justices shall proceed to inquire into the truth of said report, and if they shall be satisfied that the report is true, and the convict has not had since his conviction any estate, real or personal, with which he could have paid the sum for the nonpayment of which he was committed, they shall make a certificate thereof to the sheriff of the county, and direct him to discharge such convict from prison and the sheriff shall forthwith discharge him.
R.L. 1910, § 4618.
§57-16. Jails of state to receive federal prisoners.
When a prisoner shall be delivered to a sheriff or keeper of any jail by the authority of the United States, the sheriff or keeper shall receive the prisoner, and commit him accordingly; and every sheriff or keeper of the jail refusing or neglecting to take possession of a prisoner delivered to him by the authority aforesaid, shall be subject to the same pains and penalties as for neglect or refusal to commit any prisoner delivered to him under the authority of the state. And any sheriff or keeper of any jail who shall suffer to escape any prisoner committed to his custody by the authority of the United States, shall be subject to the same pains and penalties as for suffering to escape any prisoner committed to his custody under the authority of the state, and the allowance for the maintenance of any prisoner committed as aforesaid shall be no greater than that made for prisoners committed under the authority of the state.
Laws 1910-11, c. 19, p. 36, § 2.
§57-16a. Sheriffs to receive and hold United States prisoners.
All sheriffs, jailers, prison keepers, and their deputies, within this state, to whom any persons shall be sent or committed, by virtue of legal process, issued by or under the authority of the United States, shall receive such persons into custody, and keep them safely until discharged by due course of the laws of the United States; and all such sheriffs, jailers, prison keepers and their deputies, offending in the premises, shall be liable to the same pains and penalties, and the parties aggrieved shall be entitled to the same remedies against them, or any of them, as if such prisoners had been committed to their custody by virtue of legal process issued under the authority of this state.
R.L. 1910, § 4619.
§57-17. United States shall be liable for expenses.
The United States shall be liable to pay for the support and keeping of said prisoners the same charges and allowances as are allowed for the support and keeping of prisoners committed under authority of this state.
R.L. 1910, § 4620.
§57-18. Calendar of United States prisoners.
Before every stated term of the United States court, to be held within this state, the said sheriffs, jailers and prison keepers shall make out, under oath, a calendar of prisoners in their custody, under the authority of the United States, with the date of their commitment, by whom committed, and for what offense, and transmit the same to the judge of the district court of the United States for their district, and at the end of every six (6) months they shall transmit to the United States marshal of their district, for allowance and payment of their account, if any, against the United States, for the support and keeping of such prisoners, as aforesaid.
R.L. 1910, § 4621.
§57-19. Juvenile prisoners.
Juvenile prisoners shall be treated with humaneness and in a manner calculated to promote their reformation and they shall be kept separate from more experienced and hardened criminals. Visits of parents, guardians and friends who desire to exert a moral influence over them shall at all reasonable times be permitted.
R.L. 1910, § 4622. Amended by Laws 1978, c. 244, § 16, eff. July 1, 1978.
§57-20. Credit on fine and costs - Credit for efficient work and good behavior.
Every county, city or town convict in this state, whether required to work upon the public highways of such county, city or town, in accordance with the laws of this state, or merely confined in the county, city or town prison, shall receive credit upon his or her fine and costs of One Dollar ($1.00) for each day so confined in prison, or worked upon the public highways, rock pile, or rock crusher, or public work; provided that those prisoners or convicts doing and performing the most efficient work and making the best prisoners, shall be entitled to an additional credit of one (1) day for every five (5) days of work, the guard or custodian of such prison to determine at the end of each five (5) days of such imprisonment whether or not such prisoner is entitled to such credit, and to make a record of such decision and notify the prisoner of the same.
Added by Laws 1913, c. 112, p. 205, § 4.
§57-21. Weapons, drugs, alcohol, or certain financial documents in penal institutions or jails - Penalties.
A. Any person who, without authority, brings into or has in his or her possession in any jail or state penal institution or other place where prisoners are located, any gun, knife, bomb or other dangerous instrument, any controlled dangerous substance as defined by Section 2-101 et seq. of Title 63 of the Oklahoma Statutes, any intoxicating beverage or low-point beer as defined by Sections 163.1 and 163.2 of Title 37 of the Oklahoma Statutes, money, or financial documents for a person other than the inmate or a spouse of the inmate, including, but not limited to tax returns, shall be guilty of a felony and is subject to imprisonment in the State Penitentiary for not less than one (1) year or more than five (5) years, or a fine of not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment.
B. If an inmate is found to be in possession of any such item, upon conviction, such inmate shall be guilty of a felony and shall be subject to imprisonment for not less than five (5) years nor more than twenty (20) years in the State Penitentiary.
C. If the person found to be in possession of any such item has, prior to the commission of said offense, committed two or more felony offenses, and said possession of contraband was within ten (10) years of the completion of the execution of the sentence, such person, upon conviction, shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term of not less than twenty (20) years. Felony offenses relied upon shall not have arisen out of the same transaction or occurrence or series of events closely related in time and location.
Added by Laws 1955, p. 298, § 1. Amended by Laws 1978, c. 180, § 1, eff. Oct. 1, 1978; Laws 1988, c. 109, § 29, eff. Nov. 1, 1988; Laws 1992, c. 264, § 1, eff. July 1, 1992; Laws 1993, c. 48, § 1, emerg. eff. April 9, 1993; Laws 1995, c. 274, § 48, eff. Nov. 1, 1995; Laws 1997, c. 133, § 503, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 368, eff. July 1, 1999; Laws 2001, c. 325, § 1, eff. Nov. 1, 2001.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 503 from July 1, 1998, to July 1, 1999.
§57-22. Receiving compensation for providing goods or services for benefit of inmate - Penalties.
A. Except as otherwise provided in this section, any detention officer, deputy sheriff, or other person employed as jail operations staff by a county, city, or other entity that operates a jail who receives compensation from any person other than the sheriff or jail administrator for providing goods or services for the benefit of an inmate, upon conviction, shall be guilty of a misdemeanor if the compensation is an amount of less than Five Hundred Dollars ($500.00), punishable by up to six (6) months in the county jail, or a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment and shall be guilty of a felony if the compensation is an amount of Five Hundred Dollars ($500.00) or more, punishable by imprisonment in the State Penitentiary for not more than two (2) years, or a fine of not more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
B. The provisions of this section shall not apply to any person operating, or employed by, a vendor facility licensed by the State Department of Rehabilitation Services pursuant to Sections 71 through 78 of Title 7 of the Oklahoma Statutes for purposes of carrying out the provisions of the Randolph-Sheppard Act, 20 U.S.C.A., Section 107 et seq., or any other duly authorized vendor.
Added by Laws 2002, c. 231, § 1, eff. Nov. 1, 2002.
§57-31. Corporal punishment prohibited.
It shall be unlawful for any person to administer any corporal punishment of any kind to any inmate of any penal or corrective institution of the State of Oklahoma.
Added by Laws 1951, p. 59, § 1. Amended by Laws 1953, p. 231, § 1.
§57-32. Violation a misdemeanor.
Any person who violates the provisions of this act shall be guilty of a misdemeanor.
Added by Laws 1951, p. 60, § 2.
§57-36. Repealed by Laws 1984, c. 97, § 8, emerg. eff. April 4, 1984.
§57-37. Facilities reaching maximum capacity.
A. If all correctional facilities reach maximum capacity and the Department of Corrections is required to contract for bed space to house state inmates, then 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.
B. No inmate may be received by a penal facility from a county jail without first scheduling a transfer with the Department. The sheriff or court clerk shall transmit by facsimile, electronic mail, or actual delivery a certified copy of the judgment and sentence certifying that the inmate is sentenced to the Department of Corrections. 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. Once the judgment and sentence is received by the Department of Corrections, the Department shall contact the sheriff when bed space is available to schedule the transfer and reception of the inmate into the Department.
C. When a county jail has reached its capacity of inmates as defined in Section 192 of Title 74 of the Oklahoma Statutes, then the county sheriff 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 shall transport the designated excess inmate or inmates to a penal facility designated by the Department. The sheriff 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.
D. Once the judgment and sentence is transmitted to the Department of Corrections, the Department will be responsible for the cost of housing the inmate in the county jail from the date the Department receives the transmittal until the date of transfer of the inmate from the 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 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. 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 from another Oklahoma jurisdiction. The sheriff shall be reimbursed by the Department for the cost of housing the inmate in one of two ways:
1. The sheriff is authorized to submit invoices for the cost of housing the inmate on a monthly basis; or
2. The sheriff may submit one invoice for the total amount due for the inmate after the Department has received the inmate.
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.
§57-38. Jail reimbursement rate.
The Department of Corrections shall reimburse any county, which is required to retain an inmate pursuant to paragraph 2 of Section 37 of this title, in an amount not to exceed Twenty-four Dollars ($24.00) per day for each inmate during such period of retention. The proceeds of this reimbursement shall be used to defray expenses of equipping and maintaining the jail and payment of personnel. The Department of Corrections shall reimburse the county for the emergency medical care for physical injury or illness of the inmate retained under this resolution if the injury or illness is directly related to the incarceration and the county is required by law to provide such care for inmates in the jail. The Department shall not pay fees for medical care in excess of the rates established for Medicaid providers. The state shall not be liable for medical charges in excess of the Medicaid scheduled rate. The Director may accept any inmate required to have extended medical care upon application of the county.
Added by Laws 1981, S.J.R. No. 14, § 3, emerg. eff. April 13, 1981. Amended by Laws 1992, c. 293, § 1, emerg. eff. May 25, 1992; Laws 1997, c. 133, § 76, eff. July 1, 1997; Laws 1999, c. 51, § 3, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 24, eff. July 1, 1999.
§57-38.1. Reimbursement for disciplinary incarceration under community sentencing.
In jurisdictions where the local community sentencing system is receiving state funds, the state shall provide funding for county jail incarceration for disciplinary sanctions for eligible felony offenders pursuant to the provisions of the Oklahoma Community Sentencing Act at a rate of Twenty-four Dollars ($24.00) per day per person imprisoned for a maximum term as provided by law.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 28, eff. July 1, 1999.
§57-41. Establishment or access to jail in another county - Private prison contractors.
Every county, by authority of the board of county commissioners and at the expense of the county, shall have a jail or access to a jail in another county for the safekeeping of prisoners lawfully committed.
A county may enter into contracts with private prison contractors to provide and operate jail facilities for the county.
R.L. 1910, § 4579. Amended by Laws 1978, c. 244, § 17, eff. July 1, 1978; Laws 1987, c. 80, § 7, operative July 1, 1987.
§57-42. Common jails used as prisons, when.
The common jails in the several counties in the charge of the respective sheriffs, shall be used as prisons:
1. For the detention of persons charged with offenses, and duly committed for trial.
2. For the detention of persons who may be duly committed, to secure their attendance as witnesses on the trial of any criminal cause.
3. For the confinement of persons pursuant to a sentence, upon a conviction for an offense and of all other persons duly committed for any cause authorized by law.
4. For the confinement of persons who may be sentenced to imprisonment in the state prison, until they shall be removed thereto.
R.L. 1910, § 4580.
§57-43. Repealed by Laws 1985, c. 62, § 4, eff. Nov. 1, 1985.
§57-44. Repealed by Laws 1978, c. 244, § 42, eff. July 1, 1978.
§57-45. Repealed by Laws 1978, c. 244, § 42, eff. July 1, 1978.
§57-46. Repealed by Laws 1978, c. 244, § 42, eff. July 1, 1978.
§57-47. Sheriff to have charge of the jail.
The sheriff, or such person designated by law in his place, shall have charge of the county jail of his county and of all persons by law confined therein, and such sheriff or other officer is hereby required to conform, in all respects, to the rules and directions promulgated pursuant to Section 192 of Title 74 of the Oklahoma Statutes and of the district judge and communicated to him by the proper authority.
R.L. 1910, § 4585. Amended by Laws 1978, c. 244, § 19, eff. July 1, 1978.
§57-48. Jail register.
The sheriff, or other officers performing the duties of sheriff of each county in this state shall procure at the expense of the county a suitable book, or computer record that shall be considered the original for all purposes, to be called the jail register, in which the said sheriff, by himself or his jailer, shall enter:
1. The name of each prisoner with the date and cause of his commitment, and the authority committing him; and, if committed for a criminal offense, a description of his person;
2. The date or manner of his discharge or escape, as the case may be;
3. What sickness, if any, has prevailed in the jail during the year, and if known what were the causes of such disease;
4. The habits of the prisoners as to personal cleanliness, diet and order;
5. The means furnished prisoners of literary, moral and religious instruction, and of labor; and
6. All other matters required by said rules, or in the discretion of such sheriff deemed proper; and the said sheriff, or other officers performing the duties of sheriff, shall carefully keep and preserve the said jail register or computer record in the office of the jailer of his county, and at the expiration of such office shall deliver the same to his successor in office.
R.L. 1910, § 4586. Amended by Laws 1994, c. 367, § 1, emerg. eff. June 9, 1994.
§57-49. Sheriff shall furnish court with copy of register or computer record.
The sheriff shall furnish the district court with a copy of the register or computer record upon the request of the presiding judge of the district court.
R.L. 1910, § 4587. Amended by Laws 1994, c. 367, § 2, emerg. eff. June 9, 1994.
§57-50. Repealed by Laws 1994, c. 367, § 11, emerg. eff. June 9, 1994.
§57-51. Duty of county board - Medical officer - Reports.
It shall be the duty of the county commissioners, at the expense of their county, to provide suitable means for warming the county jail and its cells or apartments, beds and bedding, and such other permanent fixtures and to make such repairs as may be prescribed by the district judge or the State Department of Health. The commissioners shall also have power to appoint a medical officer to the jail and pay him such salary as they may think reasonable and proper, which shall be drawn out of the county treasury, and said medical officer or any physician or surgeon who may be employed in the jail shall make a report in writing whenever required by said commissioners, district judge or grand jury.
R.L. 1910, § 4589. Amended by Laws 1978, c. 244, § 20, eff. July 1, 1978.
§57-51.1. Persons with Acquired Immune Deficiency Syndrome (AIDS) - Violation of § 1192.1 of Title 21 - Transfer to Department of Corrections for extended medical care.
Any person who has the Acquired Immune Deficiency Syndrome (AIDS) disease who is confined in the county jail in violation of Section 1192.1 of Title 21 of the Oklahoma Statutes, whether convicted or pending trial, may be transferred to the Department of Corrections for extended medical care for the duration of the sentence imposed or pending trial. At the request of the medical officer, physician or surgeon employed by said jail, the county sheriff shall make application to the Department of Corrections for a transfer of the person and the Department of Corrections may accept the person under the following conditions:
1. The person's right to a speedy trial is not delayed by the transfer to a state facility;
2. The person's right to confer with legal counsel is not restricted by the transfer to a state facility;
3. The county agrees to a mutual exchange of inmates from the Department of Corrections for the medical care and custody of the person to be transferred;
4. The medical care or custody of the person is necessary to preserve the health and safety of the public, the inmates of the county jail or the person being transferred;
5. The person to be transferred may be adequately treated in the state facility; and
6. The state facility has medical bed space available for the person.
Added by Laws 1992, c. 319, § 3, emerg. eff. May 27, 1992.
§57-52. Sheriff to provide board, medical care and necessities - Compensation - Purchases.
It shall be the duty of the sheriff of each county to provide bed clothing, washing, board and medical care when required, and all necessities for the comfort and welfare of prisoners as specified by the standards promulgated pursuant to Section 192 of Title 74 of the Oklahoma Statutes and he shall be allowed such compensation for services required by the provisions of Sections 41 through 64 of this title, as may be prescribed by the county commissioners. All purchases made pursuant to the provisions of this section shall be made pursuant to the purchasing procedures specified in Sections 1500 through 1505 of Title 19 of the Oklahoma Statutes, including the use of blanket purchase orders as provided for in Section 310.8 of Title 62 of the Oklahoma Statutes.
R.L. 1910, § 4590. Amended by Laws 1978, c. 244, § 20, eff. July 1, 1978; Laws 1991, c. 166, § 2, eff. July 1, 1991.
§57-53. Monthly inspections.
The sheriff or designated employee shall visit the county jail in person and inquire into the condition of each prisoner at least once each month and it shall be his duty to comply with all standards promulgated pursuant to Section 192 of Title 74 of the Oklahoma Statutes.
R.L. 1910, § 4591. Amended by Laws 1978, c. 244, § 22, eff. July 1, 1978; Laws 1994, c. 367, § 3, emerg. eff. June 9, 1994.
§57-54. Person authorized to act as jailer - Civilian employees - Oath - Liability - Jails operated by private prison contractors.
The jailer, jail director or keeper of the jail shall, unless the sheriff elects to act as jailer in person, be a deputy appointed by the sheriff; provided, that the sheriff may, with approval as provided in Section 162 of Title 19 of the Oklahoma Statutes, appoint civilian employees as the sheriff may require to operate the county jail. Those persons hired as civilian employees need not complete the training prescribed for peace officers, as provided by Section 3311 of Title 70 of the Oklahoma Statutes, but need only complete such training as the sheriff deems necessary for the civilians to properly perform the duties assigned to them, or such training as may otherwise be prescribed by law. The jailer shall take the necessary oaths before entering upon the duties of the office. A jailer in a county having a population of greater than four hundred thousand (400,000), according to the latest Federal Decennial Census, may be authorized by the sheriff of the county to use nonlethal weaponry upon completion of appropriate training. The sheriff shall in all cases be liable for the negligence and misconduct of the jailer as of other deputies.
The provisions of this section shall not apply to jails operated by private prison contractors pursuant to a contract with the board of county commissioners.
R.L. 1910, § 4592. Amended by Laws 1980, c. 98, § 1, emerg. eff. April 10, 1980; Laws 1987, c. 80, § 8, operative July 1, 1987; Laws 2001, c. 325, § 2, eff. Nov. 1, 2001.
§57-55. Penalty for sheriff's neglect.
If the sheriff or jailer in charge of any county jail shall neglect or refuse to comply with any of the rules and regulations established by the district judge, or pursuant to Section 192 of Title 74 of the Oklahoma Statutes or to any other duties required of him by Sections 41 through 64 of this title, he shall, on conviction thereof, by indictment for each case of such failure or neglect of duty as aforesaid, pay into the county treasury of the proper county, for the use of such county, a fine not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) to be assessed by the district court of the proper district.
R.L. 1910, § 4593. Amended by Laws 1978, c. 244, § 23, eff. July 1, 1978.
§57-56. Penalty for breaking jail.
If any person imprisoned pursuant to a sentence of imprisonment in a county or city jail, or any person committed to a county or city jail for the purpose of detaining him for trial, for any misdemeanor or traffic offense, escapes therefrom, either while actually confined therein or while permitted to be at large as a trusty, he shall be punished by confinement in the county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
R.L. 1910, § 4594. Amended by Laws 1951, p. 160, § 1; Laws 1983, c. 47, § 2, eff. Nov. 1, 1983.
§57-57. Separate rooms for different classes and sexes - Classifying prisoners - Double celling barrack-style living space - Construction contracts with private contractors.
A. In the city and county jails in this state, there shall be provided sufficient and convenient apartments for confining prisoners of different sexes and classification separate and apart from each other. The sheriff of each county of this state shall notify the Department of Corrections of the prisoner capacity of the county jail by July 1, 2003. After that date, changes in prisoner capacity shall be reported within thirty (30) days of the change. For purposes of this section, "prisoner capacity" means the capacity determined by the State Fire Marshal pursuant to Section 317 of Title 74 of the Oklahoma Statutes.
B. In the city and county jails in this state, there shall be a system of classifying prisoners, based upon the severity of the charges, past criminal history and other relevant factors.
C. In the city and county jails in this state, prisoners classified pursuant to subsection B of this section may be confined two per cell or barrack-style, provided the living space meets the square footage requirements set forth in Section 192 of Title 74 of the Oklahoma Statutes.
D. All funds used by the Department of Corrections to contract with private contractors for the building of prisons and pre-release centers will be subject to appropriations by the Legislature.
E. Nothing in this section shall authorize contracts with private contractors for construction of prison facilities, unless authorized by the Legislature.
R.L. 1910, § 4595. Amended by Laws 1990, c. 307, § 1, emerg. eff. May 30, 1990; Laws 1994, c. 367, § 4, emerg. eff. June 9, 1994; Laws 1995, c. 1, § 19, emerg. eff. March 2, 1995; Laws 2003, c. 82, § 2, emerg. eff. April 15, 2003.
NOTE: Laws 1994, c. 368, § 1 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.
§57-58. Employment of prisoners.
Wherever any person shall be confined in any jail pursuant to the sentence of any court, if such sentence or any part thereof shall be that he be confined at hard labor, the sheriff of the county in which such person shall be confined shall furnish such convict with suitable tools and materials to work with, if, in the opinion of the said sheriff, the said convict can be profitably employed either in the jail or yard thereof, and the expense of said tools and materials shall be defrayed by the county in which said convict shall be confined, and said county shall be entitled to his earnings. And it shall be the duty of said sheriff, if in his opinion the said convict can be more profitably employed outside of said jail or yard, either for the county or for any municipality in said county, so to employ said convict, either in work on public streets or highways or otherwise; and in so doing he shall take all necessary precaution to prevent said convict's escape, by ball and chain or otherwise, and fifty percent (50%) of the profits of such employment, after paying all expenses incident thereto, may be retained by said sheriff as his fees therefor, the balance to be paid into the treasury of the proper county to the credit of the general fund; and when a convict is imprisoned in the county jail for nonpayment of a fine he may be employed by said sheriff as provided in this chapter; and in case any convict employed outside of the jail yard shall escape, he shall be deemed as having escaped from the jail proper.
R.L. 1910, § 4596.
§57-58.1. Public property maintenance and jail work details.
From and after the effective date of this act, any and all prisoners committed to the county jail pursuant to sentence of any state or municipal court for nonpayment of a fine or jail time shall upon the order of the county commissioner or sheriff be required to assist in maintaining, repairing or beautifying the county courthouse, jail or public property and the grounds thereof or working in the jail as a cook or any other jail work detail assigned by the sheriff or jail administrator.
Added by Laws 1955, p. 299, § 1. Amended by Laws 1994, c. 367, § 5, emerg. eff. June 9, 1994.
§57-58.2. Order of jail administrator for prisoner labor - Supply of guards.
The jail administrator, upon the request of the county commissioners or the sheriff, shall issue an order requiring the prisoners to perform such duties under the direction of the maintenance superintendent or janitor of the county courthouse, upon the request of the maintenance superintendent or janitor, and shall supply such guards as may be necessary to prevent an escape by the prisoners.
Added by Laws 1955, p. 299, § 2. Amended by Laws 1994, c. 367, § 6, emerg. eff. June 9, 1994.
§57-58.3. Sentence and fine or cost credits for prisoner labor.
Prisoners employed as provided herein shall be given a credit of two (2) days on a jail sentence for each day worked, and a credit of Twenty-five Dollars ($25.00) per day upon the payment of a fine or court cost, if sentenced for nonpayment of a fine or court cost. The sheriff shall be authorized to order the credit be given to the prisoner on the records of the court where the conviction of the prisoner is filed.
Added by Laws 1955, p. 299, § 3. Amended by Laws 1994, c. 367, § 7, emerg. eff. June 9, 1994.
§57-59. Grand juries shall examine prisons.
The grand jury at each term of the district court, shall make personal inspection of the condition of the county prison, as to the sufficiency of the same for the safekeeping of prisoners, their convenient accommodation and health, and shall inquire into the manner in which the same has been kept since the last term, and the court shall give this duty in special charge to such grand jury, and lay before them all rules and regulations in force relating to county jails and prison discipline; and it shall be imperative upon the board of county commissioners to issue the necessary orders, or cause to be made the necessary repairs, in accordance with the complaint or recommendation of the grand jury.
R.L. 1910, § 4597.
§57-60. Sheriff to be paid for keeping prisoners.
Whenever a prisoner is committed for crime, or in any suit in behalf of the state, the county board shall allow the sheriff his reasonable charge for supplying such prisoners.
R.L. 1910, § 4598.
§57-61. Sheriff to keep copy of order of confinement.
When a prisoner is confined by virtue of any process directed to the sheriff, and which shall require to be returned to the court whence it issued, such sheriff shall keep a copy of the same, together with the returns made thereon, which copy, duly certified by such sheriff, shall be prima facie evidence of his right to retain such prisoner in custody.
R.L. 1910, § 4599.
§57-62. Commitments and discharges to be filed.
All instruments of every kind, or attested copies thereof, by which a prisoner is committed or liberated, shall be regularly endorsed and filed, and safely kept in a suitable box by such sheriff, or by his deputy, acting as a jailer.
R.L. 1910, § 4600.
§57-63. Box containing commitments and discharges to be delivered to successor.
Such box with its contents shall be delivered to the successor of the officer having charge of the prison.
R.L. 1910, § 4601.
§57-64. County without prison.
When there is no sufficient prison in any county, every judicial or executive officer of such county who has power to order or sentence any person to the county jail, may, upon application of the sheriff, order any person charged with a criminal offense whereof such officer has jurisdiction, and ordered to be committed to prison, to be sent to the jail of the county nearest having a sufficient jail, and the sheriff of such nearest county shall, on exhibit of such order, receive and keep in custody, in the jail of his county, the prisoner ordered to be committed as aforesaid, at the expense of the county from which said prisoner was sent, and the said sheriff shall, upon the order of the officer committing such prisoner, redeliver such prisoner when demanded.
R.L. 1910, § 4602.
§57-65. Credit for good behavior and blood donations - Duty of sheriff.
Any person in this state convicted of a crime, who is serving time as a prisoner in the county jail of any county in the State of Oklahoma as a result of said conviction of crime, shall be entitled to receive five (5) days' credit for every four (4) days' time in said county jail provided said prisoner shall have obeyed the rules and regulations promulgated by the sheriff in charge of said county jail in a satisfactory manner. Each prisoner shall also, in addition thereto, be entitled to a deduction of three (3) days for each pint of his blood he donates during his first thirty (30) days of confinement in the county jail, and to five (5) days for each pint of his blood he donates during any sixty-day period thereafter to the American Red Cross or to a hospital approved for such purpose by the sheriff. And the sheriff of said county is hereby authorized to order said credit to be given to said prisoner on the records of the court out of which said conviction is had.
Added by Laws 1933, c. 123, p. 271, § 3. Amended by Laws 1969, c. 204, § 1, emerg. eff. April 18, 1969.
§57-66. Repealed by Laws 1986, c. 207, § 90, operative Nov. 15, 1986.
§57-67. Repealed by Laws 1986, c. 207, § 88, operative July 1, 1986.
§57-68. Jail facilities operated by private prison contractor - Application of state law.
A. Except as otherwise provided, any state law governing jails shall apply to jail facilities operated by a private prison contractor.
B. Any offense which would be a crime if committed within a county jail also shall be a crime if committed in a jail facility operated by a private prison contractor.
Added by Laws 1987, c. 80, § 9, operative July 1, 1987.
§57-69. Meals for county jail personnel.
In order to protect the health and safety of certain law enforcement personnel and the citizens of this state, and to provide the state with the benefit of proper security within the county jails of this state, all jailers, jail directors, keepers of the jail, sheriffs, deputies or any other law enforcement personnel working within the county jail facility may, upon the approval of the sheriff, be served the same meals served to the prisoners within such county jail. There shall be no cost to the law enforcement personnel for such meals. The county sheriff shall pay for these meals out of the funds appropriated to the county sheriffs. The county and all of its officers and agents are hereby prohibited from recouping the cost of such meals either directly or indirectly or otherwise considering such costs or their impact when establishing the charges to municipalities for housing municipal prisoners in the county jail; provided, a municipality may negotiate the manner of establishing such charges.
Added by Laws 1994, c. 81, § 1, eff. July 1, 1994.
§57-91. Repealed by Laws 1969, c. 137, § 2, eff. April 9, 1969.
§57-92. Repealed by Laws 1969, c. 137, § 2, eff. April 9, 1969.
§57-93. Repealed by Laws 1969, c. 137, § 2, eff. April 9, 1969.
§57-94. Repealed by Laws 1969, c. 137, § 2, eff. April 9, 1969.
§57-95. Delivery of sentenced person by sheriff - Receipts.
A. Any person convicted of an offense against the laws of this state and sentenced to imprisonment that is not to be served in a county jail shall be transported by the sheriff of the county where the person is sentenced, or transported by a designated representative of the sheriff, to the Department of Corrections at the Lexington Assessment and Reception Center or other location designated by the Director of the Department of Corrections. The sheriff shall deliver the person to the Department at such center together with:
1. A certified copy of the judgment and sentence from the court ordering such imprisonment, unless the judgment and sentence previously has been sent electronically by an authorized clerk of the court;
2. A certificate setting forth the number of days served in the county jail after the pronouncement of judgment and rendering of sentence for the offenses committed;
3. A copy of any medical, dental, or mental health records of the defendant for conditions reviewed or treated while in the custody of the sheriff;
4. Any medication or medical or dental device prescribed for the defendant while in the custody of the sheriff or for a pre-existing condition; and
5. A copy of the presentence investigation report, if a report was prepared.
B. The Department shall give the sheriff a receipt for each person received into the custody of the Department at the Lexington Assessment and Reception Center. The receipt shall be filed by the sheriff in the office of the clerk of the court where the sentence was made.
Added by Laws 1969, c. 137, § 1, emerg. eff. April 9, 1969. Amended by Laws 1978, c. 13, § 2, emerg. eff. Feb. 14, 1978; Laws 1979, c. 221, § 14, emerg. eff. May 30, 1979; Laws 1997, c. 328, § 2; Laws 1998, c. 89, § 4, eff. July 1, 1998; Laws 1999, c. 51, § 4, eff. July 1, 1999; Laws 2004, c. 239, § 4, eff. July 1, 2004.
NOTE: Laws 1997, c. 133, § 23 repealed by Laws 1999, c. 51, § 5, eff. July 1, 1999 and by Laws 1999, 1st Ex. Sess., c. 5, § 452, eff. July 1, 1999.
§57-96. Foreign convicted offenders - Transfer or exchange.
If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty, authorize the Director of the Department of Corrections to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this state in the treaty.
Added by Laws 1981, c. 20, § 1, operative July 1, 1981.
§57-101. Repealed by Laws 1941, p. 463, § 3.
§57-102. Repealed by Laws 1941, p. 463, § 3.
§57-103. Repealed by Laws 1941, p. 463, § 3.
§57-104. Repealed by Laws 1941, p. 463, § 3.
§57-105. Superseded.
§57-106. Superseded.
§57-107. Superseded.
§57-108. Superseded.
§57-109. Superseded.
§57-110. Repealed by Laws 1941, p. 463, § 3.
§57-111. Superseded.
§57-112. Repealed by Laws 1941, p. 463, § 3.
§57-113. Superseded.
§57-114. Repealed by Laws 1941, p. 463, § 3.
§57-115. Reentry program for offenders needing structured release.
A. A reentry program is hereby authorized to be created within the Department of Corrections by January 1, 2005, for offenders who need structured release prior to completion of the sentence. The reentry program shall be designed to provide structure and control as offenders near release to the community without supervision. No offender otherwise eligible for any community placement, halfway house, work release program, or minimum security placement shall be eligible for this program. The program shall not receive state appropriations and shall be fully funded by federal or private funds.
B. The reentry program shall begin in a county or counties selected by the Department and may expand or change to other locations within the state at the discretion of the Department. The program shall provide a continuum of services to meet the needs of offenders assigned or required to complete the program. The program duration shall be eighteen (18) months composed of twelve (12) months at minimum security level and six (6) months at community placement prior to release. The inmate is required to complete twelve (12) months at minimum security level prior to completing the six (6) months at community placement. The Department is authorized to use monitoring and supervision in all levels of security as necessary to ensure structure, control and compliance.
C. The Department shall designate at least one medium, minimum and community security level facility capable of serving male and female offenders assigned or required to complete the program. Male and female offenders shall not be housed in the same facility. Each of the designated facilities shall be solely devoted to the program. Nothing in this act shall require all offenders to be assigned to a reentry program prior to release without supervision.
D. Any offender assigned or required to complete a reentry program who subsequently fails, refuses or is noncompliant in the reentry program shall be removed from the program, after notice of a program failure, and placed in a higher security level facility according to the rules established for the program. Earned credits may be withheld for those inmates who fail to satisfactorily complete the program as provided by rule.
E. All services available in the reentry program shall be selected after open bid and the Department shall actively solicit faith-based and secular providers in all service provider categories. Offenders assigned to the reentry program shall choose a provider of services for each service category.
F. All service providers contracting for the reentry program shall be required to meet outcome-based standards and evaluations and are required to measure recidivism for all offenders placed for services with that provider according to the rules of the Department.
G. The Department shall consider offenders with long-term incarceration, violent offenses, repeat offenders with multiple incarcerations, offenders ineligible for parole who will be released without supervision, offenders with parole stipulations and offenders having consecutive sentences longer than the calculation of a life sentence for purposes of determing parole eligibility.
H. The Governor and the Pardon and Parole Board shall work together with the Department of Corrections within the capabilities of the reentry program and shall have the authority to stipulate that an offender shall be paroled, conditioned upon completion of the program, without further hearing recommendation or approval.
I. No offender shall be placed in the reentry program until the offender is within eighteen (18) months of release from the custody of the Department or is granted, by stipulation or otherwise, a parole release upon completion of the reentry program. Nothing in this act shall operate to reduce the length of a sentence to incarceration, except completion of the reentry program.
J. The Department shall establish rules and procedures to implement the provisions of this act. An annual report shall be generated at the completion of each calendar year. This report shall reflect the evaluation of the program based on the outcomes designated by the Department. Copies of said report shall be forwarded to the Governor, the Chair of the Sentencing Commission, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the majority and minority leaders of the Legislature.
Added by Laws 2004, c. 553, § 1, eff. July 1, 2004.
§57-131. Repealed by Laws 1941, p. 228, § 2.
§57-131a. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-132. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-133. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-134. Repealed by Laws 1943, p. 131, § 3.
§57-135. Repealed by Laws 1943, p. 131, § 3.
§57-135.1. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-135.2. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-135.3. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-136. Repealed by Laws 1953, p. 231, § 1.
§57-137. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-138. Earned credits - Eligibility.
A. Except as otherwise provided by law, every inmate of a state correctional institution shall have their term of imprisonment reduced monthly, based upon the class level to which they are assigned. Earned credits may be subtracted from the total credits accumulated by an inmate, upon recommendation of the institution's disciplinary committee, following due process, and upon approval of the warden or superintendent. Each earned credit is equivalent to one (1) day of incarceration. Lost credits may be restored by the warden or superintendent upon approval of the classification committee. If a maximum and minimum term of imprisonment is imposed, the provisions of this subsection shall apply only to the maximum term. No deductions shall be credited to any inmate serving a sentence of life imprisonment; however, a complete record of the inmate's participation in work, school, vocational training, or other approved program shall be maintained by the Department for consideration by the paroling authority. No earned credit deductions shall be credited or recorded for any inmate serving any sentence for a criminal act which resulted in the death of a police officer, a law enforcement officer, an employee of the Department of Corrections, or an employee of a private prison contractor and the death occurred while the police officer, law enforcement officer, employee of the Department of Corrections, or employee of a private prison contractor was acting within the scope of their employment.
B. The Department of Corrections is directed to develop a written policy and procedure whereby inmates shall be assigned to one of four class levels determined by an adjustment review committee of the facility to which the inmate is assigned. The policies and procedures developed by the Department shall include, but not be limited to, written guidelines pertaining to awarding credits for rehabilitation, obtaining job skills and educational enhancement, participation in and completion of alcohol/chemical abuse programs, incentives for inmates to accept work assignments and jobs, work attendance and productivity, conduct record, participation in programs, cooperative general behavior, and appearance. When assigning inmates to a class level the adjustment review committee shall consider all aspects of the policy and procedure developed by the Department including but not limited to, the criteria for awarding credits required by this subsection.
C. If an inmate is subject to misconduct, nonperformance or disciplinary action, earned credits may be removed according to the policies and procedures developed by the Department. Earned credits removed for misconduct, nonperformance or disciplinary action may be restored as provided by Department policy, if any.
D. 1. Class levels shall be as follows:
a. Class level 1 shall include inmates not eligible to participate in class levels 2 through 4, and shall include, but not be limited to, inmates on escape status.
b. Class level 2 shall include an inmate who has been given a work, education, or program assignment, has received a good evaluation for participation in the work, education, or program assignment, and has received a good evaluation for personal hygiene and maintenance of living area.
c. Class level 3 shall include an inmate who has been incarcerated at least three (3) months, has received an excellent work, education, or program evaluation, and has received an excellent evaluation for personal hygiene and maintenance of living area.
d. Class level 4 shall include an inmate who has been incarcerated at least eight (8) months, has received an outstanding work, education, or program evaluation, and has received an outstanding evaluation for personal hygiene and maintenance of living area.
2. a. Until November 1, 2001, class level corresponding credits are as follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
b. Class level corresponding credits beginning November 1, 2001, for inmates who have ever been convicted as an adult or a youthful offender or adjudicated delinquent as a juvenile for a felony offense enumerated in subsection E of this section are as follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
c. Class level corresponding credits beginning November 1, 2001, for inmates who have never been convicted as an adult or a youthful offender or adjudicated delinquent as a juvenile for a felony offense enumerated in subsection E of this section are as follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 45 Credits per month;
Class 4 - 60 Credits per month.
Each inmate shall receive the above specified monthly credits for the class to which he or she is assigned. In determining the prior criminal history of the inmate, the Department of Corrections shall review criminal history records available through the Oklahoma State Bureau of Investigation, Federal Bureau of Investigation, and National Crime Information Center to determine the reported felony convictions of all inmates. The Department of Corrections shall also review the Office of Juvenile Affairs Juvenile On-line Tracking System for inmates who were adjudicated delinquent or convicted as a youthful offender for a crime that would be an offense enumerated in subsection E of this section.
3. In addition to the criteria established for each class in paragraph 1 of this subsection, the following requirements shall apply to each of levels 2 through 4:
a. satisfactory participation in the work, education, or program assignment at the standard required for the particular class level;
b. maintenance of a clean and orderly living area and personal hygiene at the standard required for the particular class level;
c. cooperative behavior toward facility staff and other inmates;
d. satisfactory participation in the requirements of the previous class level.
4. The evaluation scale for assessing performance shall be as follows:
a. Outstanding - For inmates who display consistently exceptional initiative, motivation, and work habits.
b. Excellent - For inmates who display above-average work habits with only minor errors and rarely perform below expectations.
c. Good - For inmates who perform in a satisfactory manner and complete tasks as required, doing what is expected, with only occasional performance above or below expectations.
d. Fair - For inmates who may perform satisfactorily for some periods of time, but whose performance is marked by obviously deficient and weak areas and could be improved.
e. Poor - For inmates whose performance is unsatisfactory and falls below expected and acceptable standards.
E. No person ever convicted as an adult or a youthful offender or adjudicated delinquent as a juvenile in this state for any felony offense enumerated in this subsection or a similar felony offense pursuant to the provisions of another state, the United States, or a military court shall be eligible for the credits provided by the provisions of subparagraph c of paragraph 2 of subsection D of this section.
1. Assault, battery, or assault and battery with a dangerous weapon as defined by Section 645, or subsection C of Section 652 of Title 21 or Section 2-219 of Title 43A of the Oklahoma Statutes;
2. Aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law as defined by Section 650, subsection C of Section 650.2, 650.5, subsection B of Section 650.6, or subsection C of Section 650.7 of Title 21 of the Oklahoma Statutes;
3. Poisoning with intent to kill as defined by Section 651 of Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as defined by Section 652 of Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as defined by Section 653 of Title 21 of the Oklahoma Statutes;
6. Assault with intent to commit a felony as defined by Section 681 of Title 21 of the Oklahoma Statutes;
7. Assaults while masked or disguised as defined by Section 1303 of Title 21 of the Oklahoma Statutes;
8. Entering premises of another while masked as defined by Section 1302 of Title 21 of the Oklahoma Statutes;
9. Murder in the first degree as defined by Section 701.7 of Title 21 of the Oklahoma Statutes;
10. Solicitation for Murder in the first degree as defined by Section 701.16 of Title 21 of the Oklahoma Statutes;
11. Murder in the second degree as defined by Section 701.8 of Title 21 of the Oklahoma Statutes;
12. Manslaughter in the first degree as defined by Section 711, 712, 713 or 714 of Title 21 of the Oklahoma Statutes;
13. Manslaughter in the second degree as defined by Section 716 or 717 of Title 21 of the Oklahoma Statutes;
14. Kidnapping as defined by Section 741 of Title 21 of the Oklahoma Statutes;
15. Burglary in the first degree as defined by Section 1431 of Title 21 of the Oklahoma Statutes;
16. Burglary with explosives as defined by Section 1441 of Title 21 of the Oklahoma Statutes;
17. Kidnapping for extortion as defined by Section 745 of Title 21 of the Oklahoma Statutes;
18. Maiming as defined by Section 751 of Title 21 of the Oklahoma Statutes;
19. Robbery as defined by Section 791 of Title 21 of the Oklahoma Statutes;
20. Robbery in the first degree as defined by Section 797 of Title 21 of the Oklahoma Statutes;
21. Robbery in the second degree as defined by Section 797 of Title 21 of the Oklahoma Statutes;
22. Armed robbery as defined by Section 801 of Title 21 of the Oklahoma Statutes;
23. Robbery by two (2) or more persons as defined by Section 800 of Title 21 of the Oklahoma Statutes;
24. Robbery with dangerous weapon or imitation firearm as defined by Section 801 of Title 21 of the Oklahoma Statutes;
25. Any crime against a child provided for in Section 7115 of Title 10 of the Oklahoma Statutes;
26. Wiring any equipment, vehicle or structure with explosives as defined by Section 849 of Title 21 of the Oklahoma Statutes;
27. Forcible sodomy as defined by Section 888 of Title 21 of the Oklahoma Statutes;
28. Rape in the first degree as defined by Sections 1111 and 1114 of Title 21 of the Oklahoma Statutes;
29. Rape in the second degree as defined by Sections 1111 and 1114 of Title 21 of the Oklahoma Statutes;
30. Rape by instrumentation as defined by Section 1111.1 of Title 21 of the Oklahoma Statutes;
31. Lewd or indecent proposition or lewd or indecent act with a child as defined by Section 1123 of Title 21 of the Oklahoma Statutes;
32. Sexual battery of a person over 16 as defined by Section 1123 of Title 21 of the Oklahoma Statutes;
33. Use of a firearm or offensive weapon to commit or attempt to commit a felony as defined by Section 1287 of Title 21 of the Oklahoma Statutes;
34. Pointing firearms as defined by Section 1289.16 of Title 21 of the Oklahoma Statutes;
35. Rioting as defined by Section 1311 or 1321.8 of Title 21 of the Oklahoma Statutes;
36. Inciting to riot as defined by Section 1320.2 of Title 21 of the Oklahoma Statutes;
37. Arson in the first degree as defined by Section 1401 of Title 21 of the Oklahoma Statutes;
38. Endangering human life during arson as defined by Section 1405 of Title 21 of the Oklahoma Statutes;
39. Injuring or burning public buildings as defined by Section 349 of Title 21 of the Oklahoma Statutes;
40. Sabotage as defined by Sections 1262, 1265.4 or 1265.5 of Title 21 of the Oklahoma Statutes;
41. Extortion as defined by Section 1481 or 1486 of Title 21 of the Oklahoma Statutes;
42. Obtaining signature by extortion as defined by Section 1485 of Title 21 of the Oklahoma Statutes;
43. Seizure of a bus, discharging firearm or hurling missile at bus as defined by Section 1903 of Title 21 of the Oklahoma Statutes;
44. Mistreatment of a vulnerable adult as defined by Section 843.1 of Title 21 of the Oklahoma Statutes;
45. Sex offender providing services to a child as defined by Section 404.1 of Title 10 of the Oklahoma Statutes;
46. A felony offense of domestic abuse as defined by subsection C of Section 644 of Title 21 of the Oklahoma Statutes;
47. Prisoner placing body fluid on government employee as defined by Section 650.9 of Title 21 of the Oklahoma Statutes;
48. Poisoning food or water supply as defined by Section 832 of Title 21 of the Oklahoma Statutes;
49. Trafficking in children as defined by Section 866 of Title 21 of the Oklahoma Statutes;
50. Incest as defined by Section 885 of Title 21 of the Oklahoma Statutes;
51. Procure, produce, distribute, or possess juvenile pornography as defined by Section 1021.2 of Title 21 of the Oklahoma Statutes;
52. Parental consent to juvenile pornography as defined by Section 1021.3 of Title 21 of the Oklahoma Statutes;
53. Soliciting minor for indecent exposure as defined by Section 1021 of Title 21 of the Oklahoma Statutes;
54. Distributing obscene material or child pornography as defined by Section 1040.13 of Title 21 of the Oklahoma Statutes;
55. Child prostitution as defined by Section 1030 of Title 21 of the Oklahoma Statutes;
56. Procuring a minor for prostitution or other lewd acts as defined by Section 1087 of Title 21 of the Oklahoma Statutes;
57. Transporting a child under 18 for purposes of prostitution as defined by Section 1087 of Title 21 of the Oklahoma Statutes;
58. Inducing a minor to engage in prostitution as defined by Section 1088 of Title 21 of the Oklahoma Statutes;
59. A felony offense of stalking as defined by subsection D of Section 1173 of Title 21 of the Oklahoma Statutes;
60. Spread of infectious diseases as defined by Section 1192 of Title 21 of the Oklahoma Statutes;
61. Advocate overthrow of government by force, commit or attempt to commit acts to overthrow the government, organize or provide assistance to groups to overthrow the government as defined by Section 1266, 1266.4 or 1267.1 of Title 21 of the Oklahoma Statutes;
62. Feloniously discharging a firearm as defined by Section 1289.17A of Title 21 of the Oklahoma Statutes;
63. Possession, use, manufacture, or telephone threat of incendiary device as defined by Section 1767.1 of Title 21 of the Oklahoma Statutes;
64. Causing a personal injury accident while driving under the influence as defined by Section 11-904 of Title 47 of the Oklahoma Statutes; or
65. Using a motor vehicle to facilitate the discharge of a firearm as defined by Section 652 of Title 21 of the Oklahoma Statutes.
F. The policy and procedure developed by the Department of Corrections shall include provisions for adjustment review committees of not less than three members for each such committee. Each committee shall consist of a classification team supervisor who shall act as chairman, the case manager for the inmate being reviewed or classified, a correctional officer or inmate counselor, and not more than two other members, if deemed necessary, determined pursuant to policy and procedure to be appropriate for the specific adjustment review committee or committees to which they are assigned. At least once every four (4) months the adjustment review committee for each inmate shall evaluate the class level status and performance of the inmate and determine whether or not the class level for the inmate should be changed.
Any inmate who feels aggrieved by a decision made by an adjustment review committee may utilize normal grievance procedures in effect with the Department of Corrections and in effect at the facility in which the inmate is incarcerated.
G. Inmates granted medical leaves for treatment that cannot be furnished at the penal institution where incarcerated shall be allowed the time spent on medical leave as time served. Any inmate placed into administrative segregation for nondisciplinary reasons by the institution's administration may be placed in Class 2. The length of any jail term served by an inmate before being transported to a state correctional institution pursuant to a judgment and sentence of incarceration shall be deducted from the term of imprisonment at the state correctional institution. Inmates sentenced to the Department of Corrections and detained in a county jail as a result of the Department's reception scheduling procedure shall be awarded earned credits as provided for in subparagraph b of paragraph 1 of subsection D of this section, beginning on the date of the judgment and sentence, unless the inmate is convicted of a misdemeanor or felony committed in the jail while the inmate is awaiting transport to the Lexington Assessment and Reception Center or other assessment and reception location determined by the Director of the Department of Corrections.
H. Additional achievement earned credits for successful completion of departmentally approved programs or for attaining goals or standards set by the Department shall be awarded as follows:
High School Diploma or Equivalent General Education Diploma 90 credits;
Certification of Completion of Vocational Training 80 credits;
Successful completion of Alcohol/Chemical Abuse Treatment Program of not less than four (4) months continuous participation 70 credits;
Successful completion of other Educational Accomplishments or other programs not specified in this subsection 10-30 credits;
Achievement earned credits are subject to loss and restoration in the same manner as earned credits.
I. The accumulated time of every inmate shall be tallied monthly and maintained by the institution where the term of imprisonment is being served. A record of said accumulated time shall be:
1. Sent to the administrative office of the Department of Corrections on a quarterly basis; and
2. Provided to the inmate.
Added by Laws 1915, c. 57, § 12, emerg. eff. March 2, 1915. Amended by Laws 1957, p. 459, § 1, emerg. eff. June 6, 1957; Laws 1961, p. 438, § 1, emerg. eff. March 3, 1961; Laws 1968, c. 255, § 1; Laws 1970, c. 8, § 1, emerg. eff. Feb. 10, 1970; Laws 1973, c. 200, § 1, emerg. eff. May 17, 1973; Laws 1976, c. 219, § 1; Laws 1984, c. 137, § 1, eff. Nov. 1, 1984; Laws 1988, c. 122, § 1, eff. Nov. 1, 1988; Laws 1989, c. 237, § 6, eff. Nov. 1, 1989; Laws 1993, c. 125, § 5, emerg. eff. April 29, 1993; Laws 1993, c. 360, § 6, eff. Sept. 1, 1993; Laws 1997, c. 133, § 24, eff. July 1, 1999; Laws 1998, c. 89, § 5, eff. July 1, 1999; Laws 1998, 1st Ex. Sess., c. 2, § 17, emerg. eff. June 19, 1998; Laws 1999, 1st Ex. Sess., c. 5, § 11, eff. July 1, 1999; Laws 2001, c. 438, § 1, eff. July 1, 2001; Laws 2003, c. 146, § 1, emerg. eff. April 28, 2003; Laws 2004, c. 358, § 12, eff. Nov. 1, 2004.
NOTE: Laws 1993, c. 82, § 1 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993. Laws 2001, c. 437, § 26 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 24 from July 1, 1998 to July 1, 1999.
§57-138.1. Meritorious acts - Credit.
Every inmate of a state correctional facility may be entitled to a deduction of no more than one hundred (100) credits for each meritorious act performed and approved by the Department of Corrections. Such a deed, performed by an inmate, shall be within the public interest in enhancing public safety and life. The Department of Corrections shall not have the authority to revoke such credit awarded to an inmate.
Added by Laws 1981, c. 65, § 1, eff. Oct. 1, 1981.
§57-139. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-140. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-141. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-142. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-143. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-144. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-145. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-161. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-162. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-163. Repealed by Laws 1945, p. 184, § 7.
§57-164. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-165. Repealed by Laws 1945, p. 184, § 7.
§57-166. Repealed by Laws 1945, p. 184, § 7.
§57-167.1. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-167.2. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-167.3. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-167.4. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-167.5. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-167.6. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-168.1. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-168.2. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-168.3. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-168.4. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-168.5. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-168.6. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-168.7. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-168.8. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-168.9. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-171. Unconstitutional.
§57-172. Unconstitutional.
§57-173. Unconstitutional.
§57-174. Unconstitutional.
§57-175. Unconstitutional.
§57-176. Unconstitutional.
§57-177. Unconstitutional.
§57-178. Unconstitutional.
§57-179. Unconstitutional.
§57-180. Unconstitutional.
§57-181. Unconstitutional.
§57-182. Unconstitutional.
§57-183. Unconstitutional.
§57-184. Unconstitutional.
§57-185. Unconstitutional.
§57-186. Unconstitutional.
§57-187. Unconstitutional.
§57-188. Unconstitutional.
§57-189. Unconstitutional.
§57-190. Unconstitutional.
§57-191. Unconstitutional.
§57-192. Unconstitutional.
§57-193. Unconstitutional.
§57-194. Unconstitutional.
§57-195. Unconstitutional.
§57-201. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-202. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-203. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-204. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-205. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-206. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-207. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-211. Occupational rosters.
The warden of each state penal institution shall establish and maintain occupational rosters of prisoners incarcerated in their respective institutions, showing prisoners who have special skills and talents in institutional maintenance, including but not limited to dairying, cooking, electrical work, steam boiler work, bricklaying, carpenter work, heat and air conditioning work, and common labor.
Added by Laws 1949, p. 382, § 1. Amended by Laws 1998, c. 238, § 1, eff. Nov. 1, 1998.
§57-212. Requisition of service of prisoners - Direction to furnish prisoner personnel.
When there is a need therefor at any state eleemosynary institution, maintenance services of prisoners may be requisitioned by the governing body of such institution. Such requisition shall be submitted to the Director of Corrections or the designee of the Director and shall state the services desired and the number of prisoners necessary therefor, and there shall be incorporated therein or attached thereto a detailed statement showing arrangements for quarters, subsistence, and security of the prisoners. If the Director of Corrections or the designee of the Director, after considering such requisition, finds that there is a need for the services desired or any part thereof, the Director or designee may thereupon direct the appropriate warden or superintendent to furnish qualified prisoner personnel to perform the services found to be needed at the institution for which the requisition was made.
Added by Laws 1949, p. 382, § 2. Amended by Laws 1983, c. 304, § 30, eff. July 1, 1983; Laws 1991, c. 145, § 1, eff. Sept. 1, 1991.
§57-213. Sending qualified prisoners to requisitioning institution -Limited clemency - Receipts - Return of prisoners.
Upon being directed to do so by the Director of Corrections or the designee of the Director, the appropriate warden or superintendent shall send to the institution for which the requisition was made, current qualified prisoners to perform the services found by the Director or the designee to be needed at such institution, and shall furnish the names of such prisoners to the State Pardon and Parole Board for the purpose of securing limited clemency for such prisoners for the performance of services at such institution. Any such prisoner shall be returned to the institution from which he was sent, upon order of the Director or the designee or the head of such institution, either with or without notice, and the return of a prisoner shall be compulsory for a violation of any law or a violation of his parole agreement.
Added by Laws 1949, p. 382, § 3. Amended by Laws 1983, c. 304, § 31, eff. July 1, 1983; Laws 1991, c. 145, § 2, eff. Sept. 1, 1991.
§57-214. Immunity from civil suits.
The Director of Corrections and responsible officials at a state institution shall be considered individually and collectively to enjoy the sovereign immunity of the state, as provided in The Governmental Tort Claims Act, for civil suits which might arise from their administration of Sections 211 through 214 of this title when acting in their regular course of duty, and in good faith under the provisions of Sections 211 through 214 of this title.
Added by Laws 1949, p. 382, § 4. Amended by Laws 1983, c. 304, § 32, eff. July 1, 1983; Laws 1991, c. 145, § 3, eff. Sept. 1, 1991.
§57-215. Short title.
This act may be cited as the Prisoners Public Works Act.
Added by Laws 1975, c. 211, § 1, emerg. eff. May 27, 1975.
§57-216. Definitions.
In this act, unless the context otherwise requires:
1. "Director" shall mean the Director of the State Department of Corrections.
2. "Public works project" means a project that has been determined by the Board of Corrections to be of necessity for the public wellbeing conducive to rehabilitation and the reduction of recidivism among participating inmates by the written request of a majority of the board of county commissioners, the governing body of any municipality or any agency of the State of Oklahoma or of the United States or any subdivision thereof.
3. "Prisoner" shall mean any person who is under the custody and control of the Department of Corrections. No prisoner shall be assigned to any public works project if the inmate:
a. is deemed by the Director to be a threat to public safety,
b. has escaped or attempted to escape from a correctional institution within the last ten (10) years, or
c. has been convicted, whether upon a verdict or plea of guilty or upon a plea of nolo contendere, or received a suspended sentence or any probationary term for a crime or an attempt to commit a crime provided for in Section 7115 of Title 10 of the Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined in Section 7102 of Title 10 of the Oklahoma Statutes or Section 741, 843.1, if the offense included sexual abuse or sexual exploitation, 865 through 869, 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1040.51, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes.
Added by Laws 1975, c. 211, § 2, emerg. eff. May 27, 1975. Amended by Laws 1991, c. 145, § 4, eff. Sept. 1, 1991; Laws 2000, c. 224, § 1, eff. Nov. 1, 2000.
§57-217. Lists of prisoners eligible for public work projects.
Upon approval by the Board of Corrections, the Director shall determine which prisoners shall be eligible for said public project, and shall establish and may modify lists of prisoners eligible for the said public projects. Upon the approval of said project by the Board of Corrections, the Director may send to the place and at the time designated the number of prisoners mutually agreed upon as necessary for the timely completion of said project.
Added by Laws 1975, c. 211, § 3, emerg. eff. May 27, 1975.
§57-218. Expense of prisoners.
The Department of Corrections may contract with any requesting public agency to provide inmate labor for public works projects. The Department of Corrections shall promulgate and adopt rules which may require the requesting agency for the public works project to pay up to the base cost plus ten percent (10%), on a monthly billing. The rules shall provide guidelines which establish the criteria for how said charges are determined and the amounts the agencies are to be charged. The requesting agency shall furnish all tools and materials, unless otherwise agreed upon, necessary in the performance of said public works project. The prisoner, while assigned on said public works project, shall, for the purpose of punishment for escape, be deemed to be on a trusty status and shall be under the custody and control of the Department of Corrections.
Added by Laws 1975, c. 211, § 4, emerg. eff. May 27, 1975. Amended by Laws 1977, 1st Ex. Sess., c. 5, § 25, emerg. eff. June 21, 1977; Laws 1991, c. 145, § 5, eff. Sept. 1, 1991.
§57-219. Jurisdiction.
The Director shall have full jurisdiction at all times over the discipline and control of prisoners performing work under this article.
Added by Laws 1975, c. 211, § 5, emerg. eff. May 27, 1975.
§57-220. Civil rights not restored.
This act is not intended to restore, in whole or in part, the civil rights of any prisoner used hereunder and said act shall not be so construed. No prisoner so used shall be considered as an employee of the requesting agency; nor shall any such prisoner come within any of the provisions of the Labor Code or be entitled to any benefits thereunder whether on behalf of himself or that of any other person.
Added by Laws 1975, c. 211, § 6, emerg. eff. May 27, 1975.
§57-221. Violation of rules and regulations.
Whenever a prisoner willfully violates rules and regulations for the public works project as promulgated by the Director, the Director may, after proper hearing, determine what portion, if any, of the time credits earned shall be forfeited.
Added by Laws 1975, c. 211, § 7, emerg. eff. May 27, 1975.
§57-222. Use of prison labor on private property prohibited - Exceptions - Definitions - Purpose of work performed.
A. It shall be unlawful to use prisoners assigned to said public works project on any property other than public property, except that inmate labor may be used on private property for a public purpose.
B. As used in this section "public purpose" means a purpose affecting the inhabitants of the state or political subdivision utilizing the inmate labor, as a group, and not merely as individuals. The work performed shall be essentially public and for the general good of the inhabitants of the state or political subdivision, and may include eradication of graffiti on private buildings. For purposes of this section:
1. "Graffiti" shall include but not be limited to any inscription, slogan or drawing, crudely scratched, drawn, printed, painted or scribbled on a wall or other surface visible to the public and which is likely to endanger the health or safety of the public. Provided, however, that this definition shall never be construed to include any sign or advertising device lawfully erected or installed by the owner of property or his lessee or authorized agent;
2. "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer.
C. The purpose of the work performed shall be to aid the federal government, a state agency or a political subdivision, utilizing the inmate labor in the exercise of a governmental function. Any person convicted of willfully violating the provisions of this section shall be guilty of a felony.
Added by Laws 1975, c. 211, § 8, emerg. eff. May 27, 1975. Amended by Laws 1989, c. 92, § 1, eff. Nov. 1, 1989; Laws 1991, c. 145, § 6, eff. Sept. 1, 1991; Laws 1992, c. 160, § 1, emerg. eff. May 5, 1992; Laws 1997, c. 133, § 504, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 504 from July 1, 1998, to July 1, 1999.
§57-223. Repealed by Laws 1991, c. 145, § 9, eff. Sept. 1, 1991.
§57-224. Service or maintenance work for other state, county, municipality or federal agency.
A. An inmate of a state correctional institution may be assigned to a state agency other than the Department of Corrections, to a county or municipal jail, or to a federal agency, for service and maintenance work for the federal agency, the state, county or municipality. Such transfer shall be subject to the approval of the chief administrative officer of the federal or state agency, sheriff of the county or the chief of police of a municipality, which will employ the inmate. Preference shall be given to inmates who, while incarcerated in a state correctional institution, have attained a high school diploma or equivalent general education diploma or completed a literacy program approved by the Department of Corrections. Such federal or state agency, county or municipality, shall be responsible for the security, lodging, food costs, and personal expense money of each inmate under the care of the chief administrative officer of the federal or state agency, county sheriff or the chief of police of such municipality. Any expense monies shall be approved by the chief administrative officer, sheriff or the chief of police.
B. The Department of Corrections shall reimburse the state, county or municipality for the actual costs paid for any emergency medical care for physical injury or illness of the inmate retained under this act. The Director may transfer any inmate required to have extended medical care back into the custody of the Department.
Added by Laws 1980, c. 62, § 1, eff. April 7, 1980. Amended by Laws 1981, c. 56, § 1; Laws 1988, c. 122, § 2, eff. Nov. 1, 1988; Laws 1991, c. 145, § 7, eff. Sept. 1, 1991.
§57-225. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-226. Disposition of monies received for providing primary health care and outpatient services for prisoners in county jails.
All monies received by the Department for providing primary health care and outpatient services to prisoners in county jails shall be deposited with the State Treasurer to the credit of the Department of Corrections Revolving Fund. All counties are permitted to negotiate with the Department the cost of providing onsite primary health care services for their respective jails. Monies deposited in the fund as a result of fiscal year negotiated and notarized agreements shall be expended to provide health care personnel, pharmaceuticals, medical supplies, medical training of jailers, medical record forms, and an integrated system of health assessment and screening of county prisoners.
Added by Laws 1983, c. 47, § 3, eff. Nov. 1, 1983. Amended by Laws 1983, c. 266, § 9, operative July 1, 1983.
§57-227. Application - Exemption from Workers' Compensation Act - Liability for injuries.
A. All provisions of this section and Section 228 of this title, except as otherwise noted herein, shall apply to eligible offenders who are:
1. Assigned to a work program for any government entity of this state pursuant to a municipal court order;
2. Assigned to a community service program pursuant to a deferred prosecution agreement pursuant to the provisions of Section 305.2 of Title 22 of the Oklahoma Statutes;
3. Assigned to a public works project pursuant to the provisions of Sections 58, 58.1 or 58.2 of this title;
4. Assigned to community service pursuant to a sentence ordered pursuant to the provisions of subparagraph c of paragraph 1 of subsection A of Section 991a, Section 991c or Section 995.3 of Title 22 of the Oklahoma Statutes;
5. Assigned to a public works project pursuant to the provisions of Section 215 et seq. of this title;
6. Assigned to community service as a condition of parole pursuant to the provisions of Section 10 of Article VI of the Constitution of the State of Oklahoma;
7. Assigned to an eleemosynary institution pursuant to the provisions of Section 212 et seq. of this title;
8. Assigned to any work release or private prison industry programs pursuant to the provisions of this title;
9. Assigned to the Community Service Sentencing Program pursuant to the provisions of Section 991a-4 of Title 22 of the Oklahoma Statutes, or
10. Assigned to a work program of a nonprofit organization with or without compensation.
B. Any eligible offender described in subsection A of this section shall be exempt from the provisions of the Workers' Compensation Act, Section 1 et seq. of Title 85 of the Oklahoma Statutes. Provided, such exemption shall not apply to employment of such person by a private for-profit employer. Provided further, such exemption shall not apply to those inmates employed in private prison industries involving a for-profit employer which deal in interstate commerce or which sell products or services to the federal government.
C. All state and local government agencies, nonprofit organizations, community service agencies, educational programs and other treatment programs are hereby immune from liability for torts committed by or against any eligible offender described in subsection A of this section; provided, those entities having courtmandated jurisdiction over the persons described in paragraphs 3, 5, 7 and 8 of subsection A of this section shall provide basic or necessary medical and dental care to said persons in such instances.
Added by Laws 1984, c. 96, § 1, emerg. eff. April 4, 1984. Amended by Laws 1987, c. 133, § 1, emerg. eff. June 3, 1987; Laws 1988, c. 150, § 3, eff. Nov. 1, 1988; Laws 1992, c. 405, § 3, eff. July 1, 1992.
§57-228. Tort immunity - Waiver - Insurance.
A. The State of Oklahoma, all counties and municipalities of this state and all of their officers, agents, servants and employees, and all nonprofit organizations are hereby immune from liability for torts committed by or against any eligible offender described in subsection A of Section 227 of this title. The state, counties and municipalities waive their immunity from liability for all torts committed by any eligible offender described in subsection A of Section 227 of this title to the extent of liability expressly and directly established in the Political Subdivision Tort Claims Act, Section 151 et seq. of Title 51 of the Oklahoma Statutes. Provided, in no event shall the state, counties or municipalities be held liable for a decision to place an eligible offender in any of the programs described in subsection A of Section 227 of this title.
The waiver of immunity of the state shall take effect at 12:01 a.m. on October 1, 1985.
B. As provided by law, the State of Oklahoma or any county or municipality of this state is authorized to purchase insurance policies or bonds or to self-insure to indemnify the state, county or municipality from any liability incurred pursuant to subsection A of this section. The state, county or municipality shall determine the daily cost of any such insurance policy, bond or self-insurance and such cost may be taxed and collected as costs from the client participant.
Added by Laws 1984, c. 96, § 2, emerg. eff. April 4, 1984. Amended by Laws 1992, c. 405, § 4, eff. July 1, 1992.
§57-231. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-232. Repealed by Laws 1961, p. 439, § 1.
§57-233. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-234. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-235. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-241. Repealed by Laws 1953, p. 231, § 1.
§57-242. Repealed by Laws 1953, p. 231, § 1.
§57-243. Repealed by Laws 1953, p. 231, § 1.
§57-244. Repealed by Laws 1953, p. 231, § 1.
§57-245. Repealed by Laws 1953, p. 231, § 1.
§57-251. Repealed by Laws 1953, p. 231, § 1.
§57-252. Repealed by Laws 1945, p. 184, § 7.
§57-254. Repealed by Laws 1953, p. 231, § 1.
§57-255. Repealed by Laws 1945, p. 184, § 7.
§57-261. Repealed by Laws 1953, p. 231, § 1.
§57-262. Repealed by Laws 1953, p. 231, § 1.
§57-263. Repealed by Laws 1953, p. 231, § 1.
§57-264. Repealed by Laws 1953, p. 231, § 1.
§57-271. Repealed by Laws 1953, p. 231, § 1.
§57-272. Repealed by Laws 1953, p. 231, § 1.
§57-273. Repealed by Laws 1953, p. 231, § 1.
§57-274. Repealed by Laws 1953, p. 231, § 1.
§57-277. Repealed by Laws 1953, p. 231, § 1.
§57-277a. Repealed by Laws 1953, p. 231, § 1.
§57-277b. Repealed by Laws 1953, p. 231, § 1.
§57-277c. Repealed by Laws 1953, p. 231, § 1.
§57-277d. Repealed by Laws 1953, p. 231, § 1.
§57-277e. Repealed by Laws 1953, p. 231, § 1.
§57-281. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-282. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-283. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-284. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-285. Repealed by Laws 1941, p. 462, § 1.
§57-286. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-287. Repealed by Laws 1941, p. 462, § 1.
§57-288. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-289. Repealed by Laws 1941, p. 462, § 1.
§57-290. Repealed by Laws 1961, p. 440, § 1.
§57-291. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-292. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-311. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-312. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-321. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-322. Repealed by Laws 1945, p. 184, § 7.
§57-323. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-324. Repealed by Laws 1967, c. 261, § 23, eff. May 8, 1967.
§57-331. Repealed by Laws 1941, c. 462, § 1.
§57-332. Pardons and paroles - Power of Governor.
The Governor shall have power to grant, after conviction, reprieves, commutations, paroles and pardons for all offenses, except cases of impeachment, upon such conditions and such restrictions and limitations as may be deemed proper by the Governor, subject, however, to the regulations prescribed by law and the provisions of Section 10 of Article VI of the Oklahoma Constitution.
Added by Laws 1915, c. 57, § 6. Amended by Laws 1997, c. 133, § 25, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 25 from July 1, 1998, to July 1, 1999.
§57-332.1. Professional investigators, clerical and administrative personnel.
The Pardon and Parole Board created by Article VI, Section 10, of the Oklahoma Constitution is authorized to employ professional investigators and such clerical and administrative personnel as may be required to carry out the duties and responsibilities under the provisions of this act.
Added by Laws 1943, p. 250, § 1. Amended by Laws 1973, c. 172, § 2, emerg. eff. May 16, 1973; Laws 1987, c. 156, § 1, eff. Nov. 1, 1987.
§57-332.1A. Training for the members of the Pardon and Parole Board.
Each member of the Pardon and Parole Board shall receive at least twelve (12) hours of training for the first year and six (6) hours of training per year thereafter on matters relating to the duties of the Board. The training shall be provided by personnel of the Pardon and Parole Board according to guidelines adopted by the Board.
Added by Laws 1997, c. 347, § 1, eff. Nov. 1, 1997.
§57332.2. Meetings of Pardon and Parole Board Notice of dockets and recommendations.
A. The Pardon and Parole Board, which shall meet only on the call of the Chairman, is authorized, if and when an application made to the Governor for a reprieve, commutation, parole, pardon, or other act of clemency is certified thereto by the Governor, to examine into the merits of said application and make recommendations to the Governor in relation thereto, said recommendation being advisory to the Governor and not binding thereon.
B. The Pardon and Parole Board shall provide a copy of their regular docket to each district attorney in this state at least twenty (20) days before such docket is considered by the board, or in the case of a supplemental, addendum or special docket, at least ten (10) days before such docket is considered by the board, and shall notify the district attorney of any recommendations for commutations or paroles no later than twenty (20) days after the docket is considered by the board.
C. The Pardon and Parole Board shall notify all victims or victim's representatives in writing at least twenty (20) days before an inmate is considered by the board provided the board has received a request from the victim or victim's representatives for notice. The board shall provide all victims or victim's representative with the date, time and place of the scheduled meeting and rules for attendance and providing information or input to the board regarding the inmate or the crime. If requested by the victim or victim's representative, the board shall allow the victim or victim's representative to testify at the parole hearing of the inmate for at least five (5) minutes.
D. The Pardon and Parole Board shall notify all victims or victim's representatives in writing of the board's decision no later than twenty (20) days after the inmate is considered by the board.
E. Any notice required to be provided to the victims or the victim's representatives shall be mailed by first-class mail to the last-known address of the victim or victim's representatives. It is the responsibility of the victims or victim's representatives to provide the Pardon and Parole Board a current mailing address. The district attorney's victim-witness coordinator shall assist the victims or victim's representatives with supplying their address to the board if they wish to be notified. Upon failure of the Pardon and Parole Board to notify a victim who has requested notification and has provided a current mailing address, the final decision of the Board may be voidable, provided, the victim who failed to receive notification requests a reconsideration hearing within thirty (30) days of the Board's recommendation for parole. The Pardon and Parole Board may reconsider previous action and may rescind a recommendation if deemed appropriate as determined by the Board.
F. For purposes of this section, "victim" shall mean all persons who have suffered direct or threatened physical or emotional harm, or financial loss as the result of the commission or attempted commission of criminally injurious conduct, and "victim's representatives" shall mean those persons who are members of a victim's immediate family, including stepparents, stepbrothers, stepsisters, and stepchildren.
G. All meetings of the Pardon and Parole Board shall comply with Section 301 et seq. of Title 25 of the Oklahoma Statutes; provided that the board shall have the authority to limit the number of persons attending in support of, or in opposition to, any inmate being considered for parole and shall have the authority to exclude persons from attendance in accordance with prison security regulations and the capacity of the meeting room. Persons excluded from attending the meeting under this provision shall be informed of their right to be informed of the board's vote in accordance with Section 312 of Title 25 of the Oklahoma Statutes. Provided further, nothing in this section shall be construed to prevent any member of the press or any public official from attending any meeting of the Pardon and Parole Board, except as provided by the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes.
H. All victim information maintained by the Department of Corrections and the Pardon and Parole Board shall be confidential and shall not be released.
Added by Laws 1943, p. 250, § 2. Amended by Laws 1981, c. 95, § 1; Laws 1987, c. 117, § 3, eff. Nov. 1, 1987; Laws 1991, c. 14, § 1, eff. Sept 1, 1991; Laws 1992, c. 136, § 5, eff. July 1, 1992; Laws 1993, c. 29, § 1, emerg. eff. April 2, 1993; Laws 1993, c. 325, § 21, emerg. eff. June 7, 1993; Laws 1997, c. 357, § 7, emerg. eff. June 9, 1997.
§57-332.3. Repealed by Laws 1961, p. 440, § 1.
§57-332.4. Selection of Chairman - Compensation and expenses.
A. The Chair of the Pardon and Parole Board shall be selected by the Board. The Chair of the Pardon and Parole Board shall receive Twenty-four Thousand Eight Hundred Dollars ($24,800.00) per annum, payable monthly, in the following allotment:
1. Four Hundred Dollars ($400.00) for preparation for said meeting; and
2. One Thousand Six Hundred Sixty-seven Dollars ($1,667.00) for the regular monthly Board meeting.
B. The members of the Board shall receive Twenty-two Thousand Eight Hundred Dollars ($22,800.00) per annum, payable monthly in the following allotment:
1. Four Hundred Dollars ($400.00) for preparation for said meeting; and
2. One Thousand Five Hundred Dollars ($1,500.00) for the regular monthly Board meeting.
C. 1. Failure of any member to attend one Board meeting in any calendar year, except for justifiable excuse as determined by the Chair pursuant to written policy established by the Board, shall preclude the right of the member to receive his or her monthly compensation established by subsection A or B of this section.
2. In addition, any member who fails to attend two or more Board meetings in any calendar year except for extraordinary circumstances as determined by the Chair pursuant to written policy established by the Board shall be deemed to have committed official misconduct as such term is defined by Section 93 of Title 51 of the Oklahoma Statutes. To initiate a removal from office pursuant to this paragraph, the Board shall pass a resolution by a majority of the members of the Board detailing the alleged misconduct. Such removal shall be subject to the provisions of Chapter 3 of Title 51 of the Oklahoma Statutes.
3. Failure to attend meetings of the Board, pursuant to the policy established by the Board, shall constitute cause for removal pursuant to Section 10 of Article VI of the Oklahoma Constitution.
Added by Laws 1945, p. 185, § 1. Amended by Laws 1968, c. 211, § 1, emerg. eff. April 22, 1968; Laws 1973, c. 172, § 3, emerg. eff. May 16, 1973; Laws 1975, c. 233, § 5, emerg. eff. May 30, 1975; Laws 1979, c. 47, § 31, emerg. eff. April 9, 1979; Laws 1980, c. 243, § 3, emerg. eff. May 16, 1980; Laws 1985, c. 178, § 25, operative July 1, 1985; Laws 1988, c. 257, § 3, operative July 1, 1988; Laws 1992, c. 293, § 2, emerg. eff. May 25, 1992; Laws 1998, c. 51, § 7, emerg. eff. April 2, 1998; Laws 2000, c. 415, § 16, eff. July 1, 2000; Laws 2001, c. 292, § 17, emerg. eff. May 31, 2001; Laws 2002, c. 7, § 2, emerg. eff. Feb. 15, 2002.
NOTE: Laws 2001, c. 433, § 75 repealed by Laws 2002, c. 7, § 4, emerg. eff. Feb. 15, 2002.
§57-332.4a. Pardon and Parole Board - Reimbursements.
The Chair and members of the Pardon and Parole Board shall receive reimbursement for reasonable and necessary expenses, according to the State Travel Reimbursement Act, while attending and going to and from meetings of the Board and in performing their official duties. Such compensation shall be paid by the State Treasurer by state warrant drawn against funds appropriated for such purpose by the Legislature. Hours worked by Board members shall be exempt from full-time-equivalent employee limits.
Added by Laws 2002, c. 7, § 1, emerg. eff. Feb. 15, 2002.
§57-332.5. Repealed by Laws 1975, c. 163, § 1, emerg. eff. May 20, 1975.
§57-332.6. Administration of oaths.
The Chairman and members of the Pardon and Parole Board and the Executive Revocation Hearing Officers shall have the authority, and are empowered, to administer oaths to witnesses appearing before the Pardon and Parole Board at any meeting of said Board or any executive parole revocation hearing.
Added by Laws 1945, p. 186, § 3. Amended by Laws 1987, c. 156, § 2, eff. Nov. 1, 1987.
§57-332.7. Consideration for parole.
A. For a crime committed prior to July 1, 1998, any person in the custody of the Department of Corrections shall be eligible for consideration for parole at the earliest of the following dates:
1. Has completed serving one-third (1/3) of the sentence;
2. Has reached at least sixty (60) years of age and also has served at least fifty percent (50%) of the time of imprisonment that would have been imposed for that offense pursuant to the applicable Truth in Sentencing matrix, provided in Sections 598 through 601, Chapter 133, O.S.L. 1997; provided, however, no inmate serving a sentence for crimes listed in Schedules A, S-1, S-2 or S-3 of Section 6, Chapter 133, O.S.L. 1997, or serving a sentence of life imprisonment without parole shall be eligible to be considered for parole pursuant to this paragraph;
3. Has reached eighty-five percent (85%) of the midpoint of the time of imprisonment that would have been imposed for an offense that is listed in Schedule A, B, C, D, D-1, S-1, S-2 or S-3 of Section 6, Chapter 133, O.S.L. 1997, pursuant to the applicable matrix; provided, however, no inmate serving a sentence of life imprisonment without parole shall be eligible to be considered for parole pursuant to this paragraph; or
4. Has reached seventy-five percent (75%) of the midpoint of the time of imprisonment that would have been imposed for an offense that is listed in any other schedule, pursuant to the applicable matrix; provided, however, no inmate serving a sentence of life imprisonment without parole shall be eligible to be considered for parole pursuant to this paragraph.
B. For a crime committed on or after July 1, 1998, any person in the custody of the Department of Corrections shall be eligible for consideration for parole who has completed serving one-third (1/3) of the sentence; provided, however, no inmate serving a sentence of life imprisonment without parole shall be eligible to be considered for parole pursuant to this subsection.
C. The parole hearings conducted for persons pursuant to paragraph 3 of subsection A of this section or for any person who was convicted of a violent crime as set forth in Section 571 of this title and who is eligible for parole consideration pursuant to either paragraph 1 of subsection A of this section or subsection B of this section shall be conducted in two stages, as follows:
1. At the initial hearing, the Pardon and Parole Board shall review the completed report submitted by the staff of the Board and shall conduct a vote regarding whether, based upon that report, the Board decides to consider the person for parole at a subsequent meeting of the Board; and
2. At the subsequent meeting, the Board shall hear from any victim or victim's representative that wants to contest the granting of parole to that person and shall conduct a vote regarding whether parole should be recommended for that person.
D. Any inmate who has parole consideration dates calculated pursuant to subsection A, B or C of this section shall be considered at the earliest such date. Except as otherwise directed by the Pardon and Parole Board, any person who has been considered for parole and was denied parole or who has waived consideration shall not be reconsidered for parole:
1. Within three (3) years of the denial or waiver, if the person was convicted of a violent crime, as set forth in Section 571 of this title, and was eligible for consideration pursuant to paragraph 1 of subsection A of this section or subsection B of this section, unless the person is within one (1) year of discharge; or
2. Until the person has served at least one-third (1/3) of the sentence imposed, if the person was eligible for consideration pursuant to paragraph 3 of subsection A of this section. Thereafter the person shall not be considered more frequently than once every three (3) years, unless the person is within one (1) year of discharge.
E. Any person in the custody of the Department of Corrections for a crime committed prior to July 1, 1998, who has been considered for parole on a docket created for a type of parole consideration that has been abolished by the Legislature shall not be considered for parole except in accordance with this section.
F. The Pardon and Parole Board shall promulgate rules for the implementation of subsections A, B and C of this section. The rules shall include, but not be limited to, procedures for reconsideration of persons denied parole under this section and procedure for determining what sentence a person eligible for parole consideration pursuant to subsection A of this section would have received under the applicable matrix.
G. The Pardon and Parole Board shall not recommend to the Governor any person who has been convicted of three or more felonies arising out of separate and distinct transactions, with three or more incarcerations for such felonies, unless such person shall have served the lesser of at least one-third (1/3) of the sentence imposed, or ten (10) years; provided that whenever the population of the prison system exceeds ninety-five percent (95%) of the capacity as certified by the State Board of Corrections, the Pardon and Parole Board may, at its discretion, recommend to the Governor for parole any person who is incarcerated for a nonviolent offense not involving injury to a person and who is within six (6) months of his or her statutory parole eligibility date.
H. It shall be the duty of the Pardon and Parole Board to cause an examination to be made at the penal institution where the person is assigned, and to make inquiry into the conduct and the record of the said person during his custody in the Department of Corrections, which shall be considered as a basis for consideration of said person for recommendation to the Governor for parole. However, the Pardon and Parole Board shall not be required to consider for parole any person who has completed the time period provided for in this subsection if the person has participated in a riot or in the taking of hostages, or has been placed on escape status, while in the custody of the Department of Corrections. The Pardon and Parole Board shall adopt policies and procedures governing parole consideration for such persons.
I. Any person in the custody of the Department of Corrections who is convicted of an offense not designated as a violent offense by Section 571 of Title 57 of the Oklahoma Statutes and who is not a citizen of the United States and is or becomes subject of a final order of deportation issued by the United States Department of Justice shall be considered for parole to the custody of the United States Immigration and Naturalization Service for continuation of deportation proceedings at any time subsequent to reception and processing through the Department of Corrections.
J. Upon application of any person convicted and sentenced by a court of this state and relinquished to the custody of another state or federal authorities pursuant to Section 61.2 of Title 21 of the Oklahoma Statutes, the Pardon and Parole Board may determine a parole consideration date consistent with the provisions of this section and criteria established by the Pardon and Parole Board.
K. No person who is appearing out of the normal processing procedure shall be eligible for consideration for parole without the concurrence of at least three (3) members of the Pardon and Parole Board.
L. All references in this section to matrices or schedules shall be construed with reference to the provisions of Sections 6, 598, 599, 600 and 601, Chapter 133, O.S.L. 1997.
M. Any person in the custody of the Department of Corrections who is convicted of a felony sex offense pursuant to Section 582 of Title 57 of the Oklahoma Statutes who is paroled shall immediately be placed on intensive supervision.
Added by Laws 1947, p. 343, § 1. Amended by Laws 1980, c. 84, § 1, eff. Oct. 1, 1980; Laws 1987, c. 28, § 1, eff. Nov. 1, 1987; Laws 1988, c. 141, § 2, eff. Nov. 1, 1988; Laws 1989, c. 348, § 22, eff. Nov. 1, 1989; Laws 1993, c. 276, § 1, emerg. eff. May 27, 1993; Laws 1996, c. 168, § 1, eff. July 1, 1996; Laws 1997, c. 133, § 26, eff. July 1, 1997; Laws 1997, c. 333, § 23, eff. July 1, 1997; Laws 1998, c. 89, § 6, eff. July 1, 1998; Laws 1998, 1st Ex. Sess., c. 2, § 18, emerg. eff. June 19, 1998; Laws 1999, 1st Ex. Sess., c. 5, § 12, eff. July 1, 1999; Laws 2001, c. 437, § 27, eff. July 1, 2001; Laws 2003, c. 306, § 2, eff. Nov. 1, 2003; Laws 2004, c. 168, § 7, emerg. eff. April 27, 2004.
NOTE: Laws 1993, c. 187, § 2 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.
§57-332.7a. Crimes related to controlled dangerous substances - Reporting procedures - Consideration by Board.
A. The Department of Corrections shall establish procedures for obtaining drug-related information, pursuant to Section 1 of this act, and shall establish a method of reporting such information in relation to any person convicted and incarcerated in the State Penitentiary or placed on probation or parole.
B. The Pardon and Parole Board shall be provided any drug-related information on any person eligible for parole by the Department of Corrections prior to such person's consideration.
C. The Pardon and Parole Board shall consider the nature and relationship of the offense and offender to any controlled dangerous substance.
Added by Laws 1989, c. 361, § 2, emerg. eff. June 2, 1989.
§57-332.8. Conditions for parole - Employment and residence assistance.
No recommendations to the Governor for parole shall be made in relation to any inmate in a penal institution in the State of Oklahoma unless the Pardon and Parole Board considers the victim impact statements if presented to the jury, or the judge in the event a jury was waived, at the time of sentencing and, in every appropriate case, as a condition of parole, monetary restitution of economic loss as defined by Section 991f of Title 22 of the Oklahoma Statutes, incurred by a victim of the crime for which the inmate was imprisoned. In every case, the Pardon and Parole Board shall first consider the number of previous felony convictions and the type of criminal violations leading to any such felony convictions, then shall consider either suitable employment or a suitable residence, and finally shall mandate participation in education programs to achieve the proficiency level established in Section 510.7 of this title or, at the discretion of the Board require the attainment of a general education diploma, as a condition for release on parole. The Board shall consider the availability of programs and the waiting period for such programs in setting conditions of parole release. The Board may require any program to be completed after the inmate is released on parole as a condition of parole. A facsimile signature of the inmate on parole papers that is transmitted to the Board shall be an accepted means of acknowledgement of parole conditions. The probation and parole officer shall render every reasonable assistance to any person making application for parole, in helping to obtain suitable employment or enrollment in an education program or a suitable residence. Any inmate who fails to satisfactorily attend and make satisfactory progress in the educational program in which the inmate has been required to participate as a condition of parole, may have his or her parole revoked. If an inmate's parole is revoked, such inmate shall be returned to confinement in the custody of the Department of Corrections.
Added by Laws 1947, p. 343, § 2. Amended by Laws 1979, c. 73, § 1, eff. Oct. 1, 1979; Laws 1983, c. 38, § 1, emerg. eff. April 20, 1983; Laws 1992, c. 136, § 6, eff. July 1, 1992; Laws 1993, c. 325, § 22, emerg. eff. June 7, 1993; Laws 1994, c. 2, § 19, emerg. eff. March 2, 1994; Laws 1997, c. 133, § 27, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 13, eff. July 1, 1999; Laws 2001, c. 437, § 27, eff. July 1, 2001.
NOTE: Laws 1993, c. 125, § 6 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 27 from July 1, 1998, to July 1, 1999.
§57-332.9. Repealed by Laws 1987, c. 156, § 9, eff. Nov. 1, 1987.
§57-332.10. Repealed by Laws 1987, c. 156, § 9, eff. Nov. 1, 1987.
§57-332.11. Repealed by Laws 1987, c. 156, § 9, eff. Nov. 1, 1987.
§57-332.12. Repealed by Laws 1987, c. 156, § 9, eff. Nov. 1, 1987.
§57-332.13. Repealed by Laws 1949, p. 384, § 2.
§57-332.14. Repealed by Laws 1987, c. 156, § 9, eff. Nov. 1, 1987.
§57-332.15. Board members not to represent inmates - Voting prohibited in certain cases.
From and after the effective date of this act, no member of the Pardon and Parole Board and/or their law firm or law partners or associate may represent in a legal capacity any inmate incarcerated in any state penal institution. If a member of the Pardon and Parole Board, or his law partners or associate or any member of his law firm undertakes the representation of an inmate in violation of this prohibition the member of the Board shall forfeit his office. In any case in which an inmate requesting a pardon or parole was represented in a legal capacity by any member of the Pardon and Parole Board and/or their law firm or law partners or associate prior to imposition of a prison term, the Board member who represented such inmate shall be disqualified from voting on such inmate's request for a pardon or parole.
Added by Laws 1975, c. 49, § 1.
§57-332.16. Time for Governor to act on parole recommendation.
A. No recommendation to the Governor for parole shall remain under consideration and in the possession of that office for a time longer than thirty (30) days.
B. When the Pardon and Parole Board makes a recommendation for a compassionate parole pursuant to subsection B of Section 332.18 of this title, the Board shall forward all relevant documentation to the Governor within four (4) days of the parole review of the inmate. Upon receipt, the Governor shall have four (4) days to grant or deny the compassionate parole.
Added by Laws 1979, c. 73, § 2, eff. Oct. 1, 1979. Amended by Laws 1998, c. 341, § 2, emerg. eff. July 1, 1998.
§57-332.17. Persons appearing out of normal processing procedure - Number of concurring Board members.
No person who is appearing out of the normal processing procedure shall be eligible for consideration for parole without the concurrence of at least three (3) members of the Pardon and Parole Board. The vote on whether or not to consider such person for parole and the names of the concurring Board members shall be set forth in the written minutes of the Board meeting at which the issue is considered.
Added by Laws 1989, c. 306, § 5, emerg. eff. May 25, 1989.
§57-332.18. Placement on Board docket for medical reason.
A. The Director of the Department of Corrections shall have the authority to request the Executive Director of the Pardon and Parole Board to place an inmate on the Pardon and Parole Board docket for a medical reason, out of the normal processing procedures. Documentation of the medical condition of such inmate shall be certified by the medical director of the Department of Corrections. The Pardon and Parole Board shall have the authority to bring any such inmate before the Board at any time, except as otherwise provided in subsection B of this section.
B. When a request is made for a medical parole review of an inmate who is dying or is near death as certified by the medical director of the Department of Corrections or whose medical condition has rendered the inmate no longer a threat to public safety, the Executive Director shall place such inmate on the first available parole review docket for a compassionate parole consideration. Inmates who meet the criteria set out in this section are not subject to the two-stage hearing process in subsection C of Section 332.7 of this title.
The provisions of this section shall not apply to inmates serving a sentence of life without possibility of parole.
Added by Laws 1989, c. 306, § 6, emerg. eff. May 25, 1989. Amended by Laws 1998, c. 341, § 1, eff. July 1, 1998; Laws 2001, c. 437, § 29, eff. July 1, 2001; Laws 2002, c. 22, § 18, emerg. eff. March 8, 2002.
NOTE: Laws 2001, c. 204, § 2 and Laws 2001, c. 412, § 2 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
§57-332.19. Action by Governor on application for pardon.
Within thirty (30) days after approval of an application for pardon, the Pardon and Parole Board shall forward all relevant documentation to the Governor. Upon receipt, the Governor shall have ninety (90) days to grant or deny the application for pardon. If an application for pardon is not approved by the Pardon and Parole Board, the application for pardon shall be deemed denied. If no action is taken by the Governor, the application shall be deemed denied. The Pardon and Parole Board shall notify the person making application for pardon of all actions taken by the Pardon and Parole Board or the Governor regarding the application for pardon.
Added by Laws 1995, c. 115, § 1, eff. Nov. 1, 1995.
§57-333. Repealed by Laws 1941, p. 462, § 1.
§57-334. Repealed by Laws 1941, p. 462, § 1.
§57-335. Repealed by Laws 1941, p. 462, § 1.
§57-336. Repealed by Laws 1941, p. 462, § 1.
§57-337. Repealed by Laws 1941, p. 462, § 1.
§57-338. Repealed by Laws 1941, p. 462, § 1.
§57-339. Repealed by Laws 1941, p. 462, § 1.
§57-340. Repealed by Laws 1941, p. 462, § 1.
§57-341. Repealed by Laws 1941, p. 462, § 1.
§57-342. Repealed by Laws 1981, c. 272, § 46, eff. July 1, 1981.
§57-343. Repealed by Laws 1941, p. 462, § 1.
§57-344. Repealed by Laws 1941, p. 462, § 1.
§57-345. Repealed by Laws 1987, c. 156, § 9, eff. Nov. 1, 1987.
§57-346. Repealed by Laws 1987, c. 156, § 9, eff. Nov. 1, 1987.
§57-347. Out-of-state parolee supervision - Compacts with other states.
The Governor of this state is hereby authorized and directed to execute a compact on behalf of the State of Oklahoma with any of the United States legally joining therein in the form substantially as follows:
A compact entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled "An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state"), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called "receiving state"), while on probation or parole, if
(a) Such person is in fact a resident of or has his family residing with the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one (1) year prior to his coming to the sending state and has not resided within the sending state more than six (6) continuous months immediately preceding the commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for their own probationers and parolees.
(3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. Any legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state: Provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
(5) That the Governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.
(7) That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending six (6) months' notice in writing of its intention to withdraw from the compact to the other state party hereto.
Added by Laws 1945, p. 186, § 1.
§57-348. Partial invalidity.
If any section, sentence, subdivision or clause of this act is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act.
Added by Laws 1945, p. 187, § 2.
§57-349. Short title.
This act may be cited as the Uniform Act for Out-of-State Parolee Supervision.
Added by Laws 1945, p. 187, § 3.
§57-349.1. Notification to sending state as to need for retaking or reincarceration - Hearing - Reports - Detention prior to hearing.
Where supervision of a parolee or probationer is being administered pursuant to the Interstate Compact for the Supervision of Parolees and Probationers, appropriate judicial or administrative authorities in this state shall notify the Compact Administrator of the sending state whenever, in their view, consideration should be given to retaking or reincarceration for a parole or probation violation. Prior to the giving of any such notification, a hearing shall be held in accordance with this act within a reasonable time, unless such hearing is waived by the parolee or probationer. The appropriate officer or officers of this state shall, as soon as practicable following termination of any such hearing, report to the sending state, furnish a copy of the hearing record and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state. Pending any proceeding pursuant to this section, the appropriate officers of this state may take custody of and detain the parolee or probationer involved for a period not to exceed fifteen (15) days prior to the hearing and, if it appears to the hearing officer or officers that retaking or reincarceration is likely to follow, for such reasonable period after the hearing or waiver as may be necessary to arrange for the retaking or reincarceration.
Added by Laws 1973, c. 191, § 1, emerg. eff. May 17, 1973.
§57-349.2. Hearing officer.
Any hearing pursuant to this act may be before the Administrator of the Interstate Compact for the Supervision of Parolees and Probationers, a deputy of such Administrator or any other person authorized pursuant to the laws of this state to hear cases of alleged parole or probation violation, except that no hearing officer shall be the person making the allegation of violation.
Added by Laws 1973, c. 191, § 2, emerg. eff. May 17, 1973.
§57-349.3. Rights of parolee or probationer.
With respect to any hearing pursuant to this act, the parolee or probationer:
1. Shall have reasonable notice in writing of the nature and content of the allegations to be made, including notice that its purpose is to determine whether there is probable cause to believe that he has committed a violation that may lead to a revocation of parole or probation;
2. Shall be permitted to advise with any persons whose assistance he reasonably desires, prior to the hearing;
3. Shall have the right to confront and examine any persons who have made allegations against him, unless the hearing officer determines that such confrontation would present a substantial present or subsequent danger of harm to such person or persons; and
4. May admit, deny or explain the violation alleged and may present proof, including affidavits and other evidence, in support of his contentions. A record of the proceedings shall be made and preserved.
Added by Laws 1973, c. 191, § 3, emerg. eff. May 17, 1973.
§57-349.4. Hearings held in other states - Effect.
In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the Interstate Compact for the Supervision of Parolees and Probationers, any appropriate judicial or administrative officer or agency in another state is authorized to hold a hearing on the alleged violation. Upon receipt of the record of a parole or probation violation hearing held in another state pursuant to a statute substantially similar to this act, such record shall have the same standing and effect as though the proceeding of which it is a record was had before the appropriate officer or officers in this state, and any recommendations contained in or accompanying the record shall be fully considered by the appropriate officer or officers of this state in making disposition of the matter.
Added by Laws 1973, c. 191, § 4, emerg. eff. May 17, 1973.
§57-350. Deduction from sentence of time spent on parole - Revocation of parole.
A. Every person, hereinafter referred to as "convict", who has been or who in the future may be sentenced to imprisonment in any state penal institution shall, in addition to any other deductions provided for by law, be entitled to a deduction from his sentence for all time during which he has been or may be on parole. The provisions of this section are hereby declared to be both retroactive and prospective, and to apply to convicts who are on parole on the effective date of this act as well as to convicts who may be paroled thereafter; and shall at the discretion of the paroling authority apply to time on a parole which has been or shall be revoked.
B. Beginning November 1, 1987, the paroling authority also shall have the discretion to revoke all or any portion of the parole.
Added by Laws 1959, p. 22, § 1. Amended by Laws 1981, c. 84, § 1; Laws 1987, c. 156, § 3, eff. Nov. 1, 1987.
§57-351. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§57-352. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§57-353. Repealed by Laws 1997, c. 133, § 607, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 607 from July 1, 1998, to July 1, 1999.
§57-353.1. Minimum and maximum terms of confinement - Assessment of terms by jury.
In all cases where a sentence of imprisonment in the State Penitentiary is imposed, the court, in assessing the term of the confinement, may fix a minimum and a maximum term, both of which shall be within the limits now or hereafter provided by law as the penalty for conviction of the offense. The minimum term may be less than, but shall not be more than, one-third (1/3) of the maximum sentence imposed by the court. Provided, however, that the terms of this section shall not limit or alter the right in trials in which a jury is used for the jury to assess the penalty of confinement and fix a minimum and maximum term of confinement, so long as the maximum confinement be not in excess of the maximum term of confinement provided by law for conviction of the offense.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 450, eff. July 1, 1999.
§57-354. Continuing study of prisoner by pardon and parole board - Hearings - Recommendations.
Upon the commitment to imprisonment of any prisoner under the provisions of Section 1 hereof, the Pardon and Parole Board shall cause a continuing study to be made of the prisoner. When the prisoner has served the minimum sentence imposed, or as soon thereafter as he or she can be heard, the Pardon and Parole Board shall hear the prisoner's application for parole, and shall make such recommendation to the Governor as, in its discretion, the public interest requires. Nothing herein contained shall be construed to prevent a hearing by the Pardon and Parole Board before the minimum term has been served.
Added by Laws 1963, c. 78, § 2.
§57-355. Rules and regulations.
The Pardon and Parole Board shall make and promulgate such rules and regulations for the study, hearings, recommendations, and supervision of all parolees as necessary to carry out the intent of this act.
Added by Laws 1963, c. 78, § 3. Amended by Laws 1987, c. 156, § 4, eff. Nov. 1, 1987.
§57-356. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§57-357. Professional investigators - Qualifications - Waiver - Attorneys.
Professional investigators shall have a four-year degree from an accredited college or university, with a major in psychology, sociology, criminal justice or related areas of study. Provided that the agency may, at its discretion, waive the requirement of a specific major and may substitute criminal justice experience for the requirement of a major in psychology, sociology, criminal justice or related areas of study.
Provided, however, nothing in this act shall disqualify any persons currently holding the position of investigator from continuing to act in that capacity.
At least one of the employees of the Office of the Pardon and Parole Board shall be an attorney licensed to practice law in the State of Oklahoma.
Added by Laws 1974, c. 286, § 3, emerg. eff. May 29, 1974. Amended by Laws 1975, c. 233, § 3, emerg. eff. May 30, 1975; Laws 1976, c. 172, § 3, emerg. eff. June 1, 1976; Laws 1985, c. 215, § 3, emerg. eff. July 8, 1985; Laws 1986, c. 182, § 4, operative july 1, 1986.
§57-358. Office space for interviewers - Access to inmate records.
The Department of Corrections shall provide adequate office space at the institutions under their control for use by the professional investigators and shall provide access to inmate records including, but not limited to, records pertaining to institutional conduct and criminal history.
Added by Laws 1974, c. 286, § 4, emerg. eff. May 29, 1974. Amended by Laws 1975, c. 233, § 4, emerg. eff. May 30, 1975; Laws 1987, c. 156, § 5, eff. Nov. 1, 1987.
§57-359. Certain employees to become classified and subject to Merit System - Exceptions - Salary increases.
Effective July 1, 1982, all employees of the Oklahoma Pardon and Parole Board shall become classified employees and subject to the Merit System of Personnel Administration, except as otherwise provided by law. All incumbent employees of the Board shall be classified without the need to pass examinations. Incumbent employees shall receive not less than an eight percent (8%) wage and salary increase based on salaries received for the month ending June 30, 1982, pending final classification; provided that salary increases which fall between steps on the established salary schedule shall be advanced to the next regular salary step. All classification procedures shall be completed no later than October 1, 1982, and any salary adjustment which exceeds the salary increase granted these employees on July 1, 1982, shall be paid retroactive back to July 1, 1982.
Added by Laws 1982, c. 215, § 3, emerg. eff. April 29, 1982.
§57-360. Notification of pardon or parole.
A. Upon the granting of a parole by the Governor, and release of the inmate to the community, the Pardon and Parole Board shall provide written notification to the following:
1. The sheriff of the county in which the parolee is to reside;
2. The district attorney of the county in which the parolee is to reside;
3. The chief law enforcement officer of any incorporated city or town in which the parolee is to reside;
4. The sheriff of the sentencing county as defined in Section 513.2 of this title;
5. The district attorney of the sentencing county as defined in Section 513.2 of this title;
6. The chief law enforcement officer of any incorporated city or town in the sentencing county who has requested such notification; and
7. Any victim of the crime for which the parolee was convicted by mailing the notification to the last-known address of the victim, if such information is requested by the victim. The Pardon and Parole Board shall not give the address of the parolee to any victim of the crime for which the parolee was convicted.
B. Upon the granting of a pardon by the Governor, the Pardon and Parole Board shall provide written notification to the following:
1. The sheriff of the sentencing county as defined in Section 513.2 of this title;
2. The district attorney of the sentencing county as defined in Section 513.2 of this title;
3. The chief law enforcement officer of any incorporated city or town in the sentencing county who has requested such notification; and
4. Any victim of the crime for which the person receiving the pardon was convicted by mailing the notification to the last-known address of the victim, if such information is requested by the victim. The Pardon and Parole Board shall not give the address of the person receiving the pardon to any victim of the crime for which the person receiving the pardon was convicted.
C. Said notification shall be made on a monthly basis by the tenth day of the month following the granting of the pardon or parole.
Added by Laws 1987, c. 117, § 1, eff. Nov. 1, 1987. Amended by Laws 1988, c. 141, § 3, eff. Nov. 1, 1988; Laws 1990, c. 105, § 1, eff. Sept. 1, 1990.
§57-361. Unconstitutional.
§57-362. Unconstitutional.
§57-363. Unconstitutional.
§57-364. Unconstitutional.
§57-365. Specialized parole.
A. Persons in the custody of the Department of Corrections sentenced for crimes committed prior to July 1, 1998, who meet the following guidelines may be considered by the Pardon and Parole Board for a specialized parole:
1. a. who are within one (1) year of projected release date and are serving a sentence for a crime listed in Schedule A, B, C, D or D-1 on the main sentencing matrix or S-1, S-2 or S-3 on the sex crimes matrix; or
b. who are within two (2) years of projected release date and are serving a sentence for an offense that is in a different schedule of the main matrix or is on the drug crimes or intoxicant crimes involving a vehicle matrix; and
2. Who have completed at least one of the following:
a. general education diploma, or
b. adult literacy program, or
c. residential substance abuse program, or
d. participation in a prison public works program for ninety (90) consecutive days, or
e. a vocational-technical education program, or
f. other educational or rehabilitation program available in the department; and
3. Who are not incarcerated for an offense for which parole is prohibited pursuant to law.
B. Upon an inmate becoming eligible for specialized parole it shall be the duty of the Pardon and Parole Board, with or without application being made, to cause an examination to be made of the criminal record of the inmate and to make inquiry into the conduct and the record of the inmate during confinement in the custody of the Department of Corrections.
C. Upon a favorable finding by the Pardon and Parole Board, the Board shall recommend to the Governor that the inmate be placed on specialized parole. If approved by the Governor, notification shall be made to the Department of Corrections that said inmate has been placed on specialized parole.
D. Prior to the placement of an inmate on specialized parole, the Pardon and Parole Board shall provide written notification to the sheriff and district attorney of the county in which any person on specialized parole is to be placed and to the chief law enforcement officer of any incorporated city or town in which said person is to be placed of the placement of the person on specialized parole within the county or incorporated city or town. The Board also shall provide written notification of the placement of the person on specialized parole within the county or incorporated city or town to any victim of the crime for which the inmate was convicted by mailing the notification to the last-known address of the victim, if such information is requested by the victim. The Board shall not give the address of the inmate to any victim of the crime for which the inmate was convicted.
Added by Laws 1988, c. 310, § 8, operative July 1, 1988. Amended by Laws 1989, c. 306, § 1, emerg. eff. May 25, 1989; Laws 1990, c. 105, § 2, eff. Sept. 1, 1990; Laws 1991, c. 291, § 13, eff. Sept. 1, 1991; Laws 1993, c. 125, § 7, emerg. eff. April 29, 1993; Laws 1997, c. 133, § 28, eff. July 1, 1997.
§57-365A. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff. July 1, 1999.
§57-400. Special care unit.
A. The Department of Corrections is hereby authorized to establish a unit at the Oklahoma State Penitentiary for the care and treatment of inmates, classified as maximum security, who are or become in need of acute psychiatric care. The unit shall be hereinafter called the "Special Care Unit". The Department shall have the following powers and duties in the operation thereof:
1. The Department shall establish procedures to outline means of identification of inmates who are or become in need of acute psychiatric care and for assignment of such inmates to the Special Care Unit. Prior to assignment there shall be a due process hearing conducted by the Department of Corrections to determine whether the inmate is in need of acute psychiatric care. The inmate shall be entitled to have a staff representative appointed to represent him, if he so requests, but shall not have an attorney appointed or paid by the Department to represent him at the administrative hearing; and
2. Once an inmate has been assigned to the Special Care Unit, treatment and medication may be administered to the inmate as provided in Section 5-204 of Title 43A of the Oklahoma Statutes.
B. The Carl Albert Mental Health and Substance Abuse Services Center shall provide to the Department of Corrections a psychiatrist as needed to assist in the Special Care Unit.
Added by Laws 1990, c. 245, § 4, emerg. eff. May 21, 1990.
§57-501. Citation.
This act shall be known and may be cited as the Oklahoma Corrections Act of 1967.
Added by Laws 1967, c. 261, § 1, operative July 1, 1967.
§57-502. Definitions.
As used in this title, unless the context otherwise requires:
1. "Board" means the State Board of Corrections;
2. "Department" means the Department of Corrections of this state;
3. "Institutions" means the Oklahoma State Penitentiary located at McAlester, Oklahoma; the Oklahoma State Reformatory located at Granite, Oklahoma; the Lexington Assessment and Reception Center located at Lexington, Oklahoma; the Joseph Harp Correctional Center located at Lexington, Oklahoma; the Jackie Brannon Correctional Center located at McAlester, Oklahoma; the Howard C. McLeod Correctional Center located at Farris, Oklahoma; the Mack H. Alford Correctional Center located at Stringtown, Oklahoma; the Jim E. Hamilton Correctional Center located at Hodgen, Oklahoma; the Mabel Bassett Correctional Center located at Oklahoma City, Oklahoma; the R.B. "Dick" Conner Correctional Center located at Hominy, Oklahoma; the James Crabtree Correctional Center located at Helena, Oklahoma; the Jess Dunn Correctional Center located at Taft, Oklahoma; the John Lilley Correctional Center located at Boley, Oklahoma; the William S. Key Correctional Center located at Fort Supply, Oklahoma; the Dr. Eddie Walter Warrior Correctional Center located at Taft, Oklahoma; the Northeast Oklahoma Correctional Center located at Vinita, Oklahoma; the Clara Waters and Kate Barnard Community Corrections Centers located at Oklahoma City, Oklahoma; the Community Corrections Centers located at Lawton, Enid, and Muskogee; the Charles E. "Bill" Johnson Correctional Center, located east of Alva, Oklahoma; and other facilities under the jurisdiction and control of the Department of Corrections or hereafter established by the Department of Corrections;
4. "Director" means the Director of the Department of Corrections;
5. "Halfway house" means a private facility for the placement of inmates in a community setting for the purpose of reintegrating into the community inmates who are nearing their release dates. The term shall not include private prisons;
6. "Intermediate sanctions facility" means a community corrections center operated by the Department of Corrections or a private facility or public trust operating pursuant to contract with the Department of Corrections which provides for the housing and programmatic services of offenders such as probation or parole violators or community sentenced offenders placed in the facility for disciplinary sanctions, work release offenders, offenders who need intensive programmatic services, or offenders who have demonstrated positive adjustment while in an institutional setting who need additional programmatic services to enhance their reentry into society upon release from a prison term; and
7. "Private prison contractor" means:
a. a nongovernmental entity or public trust which, pursuant to a contract with the Department of Corrections, operates an institution within the Department other than a halfway house or intermediate sanctions facility, or provides for the housing, care, and control of inmates and performs other functions related to these responsibilities within a minimum or medium security level facility not owned by the Department but operated by the contractor, or
b. a nongovernmental entity or public trust which, pursuant to a contract with the United States or another state, provides for the housing, care, and control of minimum or medium security inmates in the custody of the United States or another state, and performs other functions related to these responsibilities other than a halfway house or intermediate sanctions facility within a facility owned or operated by the contractor.
Added by Laws 1967, c. 261, § 2, operative July 1, 1967. Amended by Laws 1973, c. 152, § 1, emerg. eff. May 14, 1973; Laws 1980, c. 210, § 1, eff. Oct. 1, 1980; Laws 1982, c. 140, § 2, emerg. eff. April 9, 1982; Laws 1982, c. 346, § 9, emerg. eff. June 2, 1982; Laws 1983, c. 266, § 10, operative July 1, 1983; Laws 1984, c. 296, § 50, operative July 1, 1984; Laws 1985, c. 202, § 2, emerg. eff. June 28, 1985; Laws 1985, c. 327, § 16, emerg. eff. July 29, 1985; Laws 1986, c. 314, § 13, operative July 1, 1986; Laws 1987, c. 80, § 1, operative July 1, 1987; Laws 1987, c. 205, § 21, operative July 1, 1987; Laws 1989, c. 303, § 10, operative July 1, 1989; Laws 1991, c. 307, § 1, emerg. eff. June 4, 1991; Laws 1992, c. 319, § 4, eff. Sept. 1, 1992; Laws 1994, c. 277, § 1; Laws 1995, c. 266, § 1, emerg. eff. May 25, 1995; Laws 2002, c. 211, § 1, eff. July 1, 2002; Laws 2003, c. 3, § 44, emerg. eff. March 19, 2003.
NOTE: Laws 1991, c. 291, § 14 repealed by Laws 1992, c. 319, § 8, emerg. eff. May 27, 1992. Laws 2002, c. 81, § 1 repealed by Laws 2003, c. 3, § 45, emerg. eff. March 19, 2003.
§57-503. Board - Creation - Members - Terms - Removal.
There is hereby created the State Board of Corrections which shall be the governing board of the Department of Corrections herein created. The Board shall consist of seven (7) members who shall be appointed by the Governor with the advice and consent of the Senate. One member shall be appointed from each congressional district and any remaining members shall be appointed from the state at large. However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district. The terms of office of two members shall expire on March 15, 1969, and each six (6) years thereafter; the terms of two members shall expire on March 15, 1971, and each six (6) years thereafter; and the terms of three members shall expire on March 15, 1973, and each six (6) years thereafter. Not more than four members of the Board shall be of the same political party. Any member of the Board may be removed from office in the manner provided by law for the removal of officers not subject to impeachment. Vacancies on the Board shall be filled for the unexpired term.
Added by Laws 1967, c. 261, § 3, emerg. eff. May 8, 1967. Amended by Laws 1992, c. 364, § 5, emerg. eff. June 4, 1992; Laws 2002, c. 375, § 6, eff. Nov. 5, 2002.
NOTE: Laws 2002, c. 81, § 2 repealed by Laws 2003, c. 3, § 46, emerg. eff. March 19, 2003.
§57-504. Board - Officers - Rules and regulations - Travel expenses - Powers and duties.
(a) The Board shall elect from its members a chairman, vice chairman and a secretary. It shall adopt rules and regulations for its government and may adopt an official seal for the Department. Members shall be reimbursed for travel expenses, as provided in the State Travel Reimbursement Act while attending meetings of the Board or while performing other official duties.
(b) The Board shall have the following powers and duties:
(1) To establish policies for the operation of the Department;
(2) To establish and maintain such institutions as are necessary or convenient for the operation of programs for the education, training, vocational education and rehabilitation of prisoners under the jurisdiction of the Department;
(3) To lease, from time to time, without restriction as to terms, any property which said Board shall determine advisable to more fully carry into effect the operation of prison industries;
(4) To acquire, construct, extend, improve, maintain and operate any and all facilities of all kinds which in the judgment of the Board shall be necessary or convenient to foster the prison industries program;
(5) To require the Director and any other personnel of the Department, when deemed necessary by the Board, to give bond for the faithful performance of their duties;
(6) To appoint and fix the salary of the Director;
(7) To enter into contracts with private prison contractors; and
(8) To provide training to employees of private prison contractors and other governmental entities on a fee basis.
Added by Laws 1967, c. 261, § 4, operative July 1, 1967. Amended by Laws 1973, c. 152, § 2, emerg. eff. May. 14, 1973; Laws 1974, c. 211, § 1, emerg. eff. May. 15, 1974; Laws 1984, c. 137, § 2, eff. Nov. 1, 1984; Laws 1985, c. 178, § 26, operative July 1, 1985; Laws 1987, c. 80, § 2, operative July 1, 1987; Laws 1991, c. 145, § 8, eff. Sept. 1, 1991.
§57-504.1. Repealed by Laws 1977, 1st Ex.Sess., c. 5, § 31, emerg. eff. June 21, 1977.
§57-504.2. Repealed by Laws 1980, c. 210, § 11, eff. Oct. 1, 1980.
§57-504.3. Repealed by Laws 1980, c. 210, § 11, eff. Oct. 1, 1980.
§57-504.4. Repealed by Laws 1992, c. 405, § 6, eff. July 1, 1992.
§57-504.5. Repealed by Laws 1980, c. 210, § 11, eff. Oct. 1, 1980.
§57-504.6. Repealed by Laws 1992, c. 405, § 6, eff. July 1, 1992.
§57-504.7. Kate Barnard Community Corrections Center - Female inmates.
The Kate Barnard Community Corrections Center will house only female inmates. No inmate who is deemed dangerous or violent by the Department Classification Committee shall be placed in such center.
Added by Laws 1978, c. 273, § 20, emerg. eff. May 10, 1978. Amended by Laws 1992, c. 405, § 2, eff. July 1, 1992.
§57-505. Department - Creation - Divisions.
There is hereby created the Department of Corrections which shall consist of divisions, subdivisions, institutions, and such sections, offices and positions as may be established by the Director, subject to the approval of the Board, or by law.
Added by Laws 1967, c. 261, § 5, operative July 1, 1967. Amended by Laws 1975, c. 366, § 1, eff. Oct. 1, 1975; Laws 1980, c. 210, § 2, eff. Oct. 1, 1980.
§57-506. Director - Qualifications - Appointment - Removal.
There is hereby created the position of Director of Corrections. The Director shall be qualified for such position by character, personality, ability, education, training and successful administrative experience in the correctional field; shall have earned a Master's Degree from an accredited college or university with a major field of study in at least one of the following: Corrections, criminal justice, police science, criminology, psychology, sociology, administration, education, or a related social science, and five (5) years' work experience in corrections, or a bachelor's degree in the degree areas above specified and six (6) years' progressively responsible work experience in corrections. The Director of Corrections shall be appointed by the Board of Corrections, with the advice and consent of the Senate and shall be subject to removal by a vote of the majority of the entire Board or in the manner provided by law for the removal of officers not subject to impeachment.
Added by Laws 1967, c. 261, § 6, operative July 1, 1967. Amended by Laws 1971, c. 83, § 1; Laws 1974, c. 211, § 2, emerg. eff. May. 15, 1974; Laws 1975, c. 366, § 10, emerg. eff. June 12, 1975; Laws 1980, c. 210, § 3, eff. Oct. 1, 1980; Laws 1987, c. 205, § 22, operative July 1, 1987; Laws 1988, c. 32, § 1, emerg. eff. March 18, 1988.
§57-507. Director - Status - Powers and duties.
The Director shall be the executive officer of the Department and shall have the following general powers and duties:
(a) To supervise the activities of the Department and, subject to the policies established by the Board, to act for the Department in all matters, except as may be otherwise provided in this act.
(b) To prescribe rules and regulations for the operation of the Department, consistent with the general policies established by the Board.
(c) To appoint and fix the duties and salaries of such personnel for the Department as may be necessary to administer and carry out the provisions of this act. The Department and the employees thereof, except the members of the Board and the Director shall be subject to the provisions of the State Merit System of Personnel Administration, but the Governor may by Executive Order exempt positions therefrom as authorized by Section 802 of Title 74 of the Oklahoma Statutes, except as may be otherwise provided in this act.
(d) To accept, use, disburse and administer grants, allotments, gifts, devises, bequests, appropriations and other monies and property offered or given to the Department, or any component or agency thereof, by any agency of the federal government or any corporation or individual for the use of the Department.
Added by Laws 1967, c. 261, § 7, operative July 1, 1967. Amended by Laws 1979, c. 246, § 1, emerg. eff. May. 31, 1979.
§57-508. Divisions - Deputy Directors - Compensation - Qualifications of deputy directors.
The Director, subject to the approval of the Board, is hereby authorized to create divisions within the Department of Corrections as he may deem appropriate to effectively manage the Department. The divisions shall be under the immediate supervision and control of the Director. The Director is hereby authorized to appoint Deputy Directors for the divisions of the Department, who shall be exempt from the Merit System of Personnel Administration Act, and to fix the salaries and duties thereof; provided, the salary ranges of said Deputy Directors shall be set by the Legislature in the Department's annual appropriation. The Deputy Directors shall have at least a master's degree from an accredited college or university, with a major field of study in at least one of the following: Corrections, criminology, criminal justice, psychology, sociology, administration, education or a related social science, and at least four (4) years of work experience in corrections; or a bachelor's degree in the above specified major fields of study and at least five (5) years of work experience in corrections. Provided, however, that for the position of Deputy Director of administrative services, administrative experience may be substituted for work experience in corrections. The provisions of this act shall not apply to those presently serving as Deputy Director as herein defined.
Added by Laws 1967, c. 261, § 8. Amended by Laws 1971, c. 83, § 2; Laws 1973, c. 221, § 5, emerg. eff. May. 24, 1973; Laws 1974, c. 210, § 1, emerg. eff. May. 15, 1974; Laws 1975, c. 336, § 2, eff. Oct. 1, 1975; Laws 1980, c. 210, § 4, eff. Oct. 1, 1980; Laws 1983, c. 81, § 1, eff. Nov. 1, 1983.
§57-508.1. Legal Division.
There is hereby created within the Department of Corrections a Legal Division. The Director may employ or contract with attorneys as needed and determine their salaries. These attorneys may advise the Director, the Board of Corrections, administrative supervisors of facilities and Department personnel on legal matters and may appear for and represent the Director, the Board of Corrections, administrative supervisors of facilities and Department personnel in administrative hearings and other legal actions and proceedings.
Added by Laws 1982, c. 35, § 1, emerg. eff. March 25, 1982.
§57-508.2. Renumbered as § 1517 of Title 22 by Laws 2003, c. 340, § 3, emerg. eff. May 29, 2003.
§57-508.2a. Repealed by Laws 2001, c. 377, § 8, eff. July 1, 2001.
§57-508.2b. Renumbered as § 1518 of Title 22 by Laws 2003, c. 340, § 3, emerg. eff. May 29, 2003.
§57-508.2c. Oklahoma Integrated Justice Information Systems (OIJIS) Steering Committee - Members - Duties.
A. There is hereby created the Oklahoma Integrated Justice Information Systems (OIJIS) Steering Committee which shall serve as an advisory board to the Oklahoma Legislature regarding issues pertinent to the strategic planning, development, funding, implementation, and operations of the justice information systems of the state.
B. The Committee shall be composed of the following members, except as otherwise provided by this section:
1. Two senators appointed by the President Pro Tempore of the Senate;
2. Two representatives appointed by the Speaker of the House of Representatives;
3. The Commissioner of Public Safety or a designee;
4. A judge appointed by the Chief Justice of the Oklahoma Supreme Court or a designee;
5. The Executive Coordinator of the District Attorneys Council or a designee;
6. The Director of the Oklahoma State Bureau of Investigation or a designee;
7. The Director of the Department of Corrections or a designee;
8. The Executive Director of the Office of Juvenile Affairs or a designee;
9. The Executive Director of the Oklahoma Association of Chiefs of Police or a designee;
10. The Executive Director of the Oklahoma Sheriffs' Association or a designee;
11. The Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or a designee;
12. The Director of the Oklahoma Indigent Defense System or a designee; and
13. The Director of the Oklahoma Criminal Justice Resource Center or a designee.
C. Each committee member shall be required to attend the meetings of the committee. While designees are allowed, the member shall identify the designee in writing to the Chair of the committee prior to any meeting. The committee will meet twice a year and at any other time as the Chair may call a meeting, upon such notice and in such manner as may be fixed by the rules of the committee. Failure to attend two consecutive meetings by a designee shall automatically result in the removal of the designee from the committee and the individual making the designation shall select a new designee.
D. The committee shall be chaired by one of the appointed members from the Senate, selected by the President Pro Tempore of the Senate, in the odd-numbered years and one of the appointed members of the House of Representatives, selected by the Speaker of the House of Representatives, in the even-numbered years. A majority of the members shall constitute a quorum for purposes of transacting business. Committee members shall not be compensated but shall be reimbursed their actual and necessary travel expenses as provided in the State Travel Reimbursement Act for members who are not members of the Legislature, and as provided in Section 456 of Title 74 of the Oklahoma Statutes for legislative members.
E. The duties of the committee shall be to:
1. Serve as the Executive Committee for oversight of the strategic planning, development, funding, implementation, and operations of the justice information systems of the state;
2. Review and discuss issues pertaining to justice information systems;
3. Make recommendations of issues relating to justice information systems to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Governor, and the Secretary of the Safety and Security Cabinet;
4. Establish policy for the OIJIS Steering Committee;
5. Create an Operational Subcommittee for the OIJIS Steering Committee derived from the member agencies; and
6. Tasks for the Operational Subcommittee are:
a. to meet monthly or more frequently as needed,
b. to elect a Chair and Vice Chair of the Operational Subcommittee from their membership, each of whom will serve a two-year period with the Vice Chair assuming the duties automatically of the Chair upon completion of the two-year period of the Chair, or earlier in the case of the early loss of the Chair,
c. to review current justice information systems,
d. to create, annually update, and implement a strategic plan for improving the accuracy, completeness, and timeliness of criminal history information within the state,
e. to create, annually update, and implement a statewide plan for the integration of the justice information systems of the state, and
f. to assist as requested, review, and make recommendations on grant applications relative to justice information systems.
F. The committee is hereby authorized to enlist the aid of any agency of state government for assistance or for information to enable the committee to perform the duties charged in this section.
G. The committee shall make a written report each year to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Governor, and the Secretary of the Safety and Security Cabinet on any findings or recommendations concerning needed legislation, the potential impact, including fiscal estimates, of existing or proposed legislation, and the impact of agency policies which affect the justice information systems.
H. The Oklahoma Criminal Justice Resource Center shall provide the administrative support in scheduling of meetings, providing records of the meetings, publication of reports, and any other support as required of and approved by the committee.
Added by Laws 2004, c. 507, § 1, emerg. eff. June 9, 2004.
§57-508.3. Construction Division.
A. There is hereby created the Construction Division within the Department of Corrections. The purpose of the division shall be to provide inmate construction crews for construction projects of the Department of Corrections.
B. The Director of the Department of Corrections shall adopt and promulgate such rules as may be necessary to carry out the duties of the Construction Division and shall appoint a Director of the division who shall administer the activities of the division.
C. 1. An inmate working for the Construction Division of the Department of Corrections shall be subject to all rules established for inmate work by the State Board of Corrections and subject to all statutes governing the operation of the Construction Division of the Department of Corrections.
2. Inmates working for the Construction Division are not state employees, and are specifically forbidden from organizing into unions or other associations in connection with their work or from engaging in any strike, work stoppage, slowdown or collective bargaining process. This prohibition applies to any inmates forming a union local or similar organization at any Construction Division project or location; provided, however, it shall not prohibit any inmate from otherwise achieving or retaining status as a union member.
3. The claims of the state against an inmate to cover the costs of incarceration of an inmate shall be prior to the unsecured claims of any creditor.
4. The authorization for an inmate to work for the Construction Division is a privilege granted to the inmate by the state which may be revoked by the Director of the Department of Corrections.
5. As used in paragraph 3 of this subsection, "costs of incarceration" shall include all costs associated with maintaining an inmate in the custody of the Department of Corrections and shall include costs paid by the state for medical care for the inmate.
Added by Laws 1996, c. 166, § 1, eff. July 1, 1996.
§57-508.4. Investigations Division.
A. There is hereby created the Investigations Division within the Department of Corrections. The purpose of the Division shall be to investigate allegations of criminal acts by inmates, offenders or employees of the Department of Corrections, as well as to investigate allegations of constitutional or policy violations.
B. The Director of the Department of Corrections shall employ the proper personnel and adopt the necessary procedures to carry out the duties of the Investigations Division and shall appoint a Director of the Division who shall administer the activities of the Division.
C. The Investigations Division of the Department of Corrections shall have the jurisdiction and authority to investigate all allegations of criminal behavior at any facility owned or operated by the Department of Corrections, or any private prison facility or other facility with which the Department of Corrections contracts to house inmates from the State of Oklahoma.
Added by Laws 2002, c. 88, § 1, eff. July 1, 2002.
§57-509. Penal institutions.
The Oklahoma State Penitentiary shall be located at McAlester in Pittsburg County, State of Oklahoma; and the Oklahoma State Reformatory shall be located at Granite in Greer County, State of Oklahoma; and the Lexington Assessment and Reception Center shall be located at Lexington in Cleveland County, State of Oklahoma; and the Jackie Brannon Correctional Center shall be located at McAlester in Pittsburg County, State of Oklahoma; and the Joseph Harp Correctional Center shall be located at Lexington in Cleveland County, State of Oklahoma; and the Howard C. McLeod Correctional Center shall be located at Farris in Atoka County, State of Oklahoma; and the Mack H. Alford Correctional Center shall be located at Stringtown in Atoka County, State of Oklahoma; and the Jim E. Hamilton Correctional Center shall be located at Hodgen in LeFlore County, State of Oklahoma; and the Mabel Bassett Correctional Center shall be located at McLoud, in Pottawatomie County, State of Oklahoma; and the R.B. "Dick" Conner Correctional Center shall be located at Hominy in Osage County, State of Oklahoma; and the James Crabtree Correctional Center shall be located at Helena in Alfalfa County, State of Oklahoma; and the Jess Dunn Correctional Center shall be located at Taft in Muskogee County, State of Oklahoma; and the Northeast Oklahoma Correctional Center shall be located at Vinita in Craig County, State of Oklahoma; and the John Lilley Correctional Center shall be located at Boley in Okfuskee County, State of Oklahoma; and the William S. Key Correctional Center shall be located at Fort Supply in Woodward County, State of Oklahoma; and the Dr. Eddie Walter Warrior Correctional Center shall be located at Taft in Muskogee County, State of Oklahoma; and the Clara Waters and Kate Barnard Community Corrections Centers shall be located at Oklahoma City in Oklahoma County, State of Oklahoma; and the Muskogee Community Corrections Center shall be located at Muskogee in Muskogee County, State of Oklahoma; and the Lawton Community Corrections Center shall be located at Lawton in Comanche County, State of Oklahoma; and the Enid Community Corrections Center shall be located at Enid in Garfield County, State of Oklahoma; the Charles E. "Bill" Johnson Correctional Center shall be located east of Alva in Woods County, State of Oklahoma; and said institutions and community corrections centers are hereby established within the Department. Said Department shall be the legal successor of and, except as otherwise provided in the Oklahoma Corrections Act of 1967, shall have the powers and duties vested by law in the Department of Central Services in all matters relating to penal institutions, heretofore or hereafter established by the Department, which institutions and community corrections centers shall be under the administrative direction and control of the Department.
Added by Laws 1967, c. 261, § 9, operative July 1, 1967. Amended by Laws 1973, c. 152, § 3, emerg. eff. May 14, 1973; Laws 1980, c. 210, § 5, eff. Oct. 1, 1980; Laws 1982, c. 140, § 3, emerg. eff. April 9, 1982; Laws 1982, c. 346, § 10, emerg. eff. June 2, 1982; Laws 1983, c. 266, § 11, operative July 1, 1983; Laws 1984, c. 296, § 51, operative July 1, 1984; Laws 1985, c. 202, § 3, emerg. eff. June 28, 1985; Laws 1985, c. 327, § 17, emerg. eff. July 29, 1985; Laws 1986, c. 314, § 14, operative July 1, 1986; Laws 1987, c. 205, § 23, operative July 1, 1987; Laws 1989, c. 303, § 11, operative July 1, 1989; Laws 1991, c. 291, § 15, eff. July 1, 1991; Laws 1994, c. 277, § 2; Laws 1995, c. 266, § 2, emerg. eff. May 25, 1995; Laws 1999, c. 72, § 1, emerg. eff. April 7, 1999; Laws 2002, c. 81, § 3, eff. Nov. 1, 2002; Laws 2003, c. 320, § 1, eff. July 1, 2003.
NOTE: Laws 1983, c. 304, § 33 repealed by Laws 1984, c. 296, § 54, operative July 1, 1984.
§57-509.1. Oklahoma Children's Center at Taft - Transfer to Department of Corrections.
A. It is the finding of the Legislature that certain property currently under the control of the Department of Human Services could be better utilized if transferred to the Department of Corrections.
B. The Oklahoma Children's Center and the property related thereto, located at Taft, Oklahoma, is hereby transferred from the Department of Human Services to the Department of Corrections.
C. All official records maintained by the Oklahoma Children's Center while said institution was under the supervision, management, operation, and control of the Department of Human Services shall be transferred to the Department of Human Services.
D. The Department of Corrections shall establish a women's correctional institution on the property transferred pursuant to subsection B of this section.
E. The Department of Corrections and the Oklahoma Department of Career and Technology Education shall establish inmate training programs for women on the property transferred pursuant to subsection B of this section.
F. The Department of Corrections and Oklahoma Department of Career and Technology Education shall give first priority on employment at the Jess Dunn Correctional Center to those present employees of the Department of Human Services now working at the Oklahoma Children's Center. Written justification for hiring any employees necessary to staff positions needed for this transition, other than present employees of the Department of Human Services, must be filed with the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate for a period of one (1) year.
G. All agreements involving the town of Taft entered into by the Department of Human Services relative to water or sewer facilities or otherwise shall be assumed by the Department of Corrections.
H. The George Nigh Training Center (the Oklahoma Children's Center) physical facility shall not be altered until after March 15, 1989.
Added by Laws 1986, c. 184, § 1, emerg. eff. May 20, 1986. Amended by Laws 1988, 3rd Ex. Sess., c. 1, § 9, emerg. eff. Sept. 2, 1988; Laws 1989, c. 303, § 12, operative July 1, 1989; Laws 2001, c. 33, § 41, eff. July 1, 2001.
§57-509.2. Town of Taft - Patrols and law enforcement.
A. In addition to their other security and oversight obligations, the Department of Corrections shall patrol the perimeters of the Jess Dunn Correctional Center and the George Nigh Training Center and also make patrols through the town of Taft.
B. Due to the unusual circumstance that the facilities named in Section 1 of this act are so closely situated to the town of Taft and for the further reason that said town is without any local law enforcement officer on an ongoing basis, it is the intent of the Legislature that the Department of Public Safety shall establish a permanent trooper position to be based and stationed in the town of Taft.
Added by Laws 1986, c. 184, § 2, emerg. eff. May 20, 1986.
§57509.3. Western State Psychiatric Center at Fort Supply Maintenance and management of certain buildings.
If funding is provided by the Legislature for the transfer of a portion of the land and facilities at Western State Psychiatric Center at Fort Supply, Oklahoma, to the Department of Corrections, the Department of Corrections shall maintain the following buildings at the correctional institution at Fort Supply, Oklahoma, as historical sites:
1. Cottage #14N;
2. Cottage #16;
3. Museum;
4. Cottage #12;
5. Cottage #14S;
6. Maintenance Storage Building #4;
7. Maintenance Storage Building #5;
8. Maintenance Storage Building #6; and
9. The Green House.
Management of these historical buildings shall be the responsibility of the Oklahoma Historical Society.
Added by Laws 1988, c. 310, § 15, operative July 1, 1988. Amended by Laws 1993, c. 323, § 7, emerg. eff. June 7, 1993.
§57-509.4. Special treatment program for inmates with severe psychiatric problems.
The Department of Corrections shall develop and implement a special treatment program for inmates with severe psychiatric problems, including inmates convicted of sexrelated offenses and inmates that have prior convictions for sexrelated offenses.
Added by Laws 1989, c. 86, § 1, eff. Nov. 1, 1989. Amended by Laws 2003, c. 306, § 3, eff. Nov. 1, 2003.
§57-509.5. Inmate work centers in Indian Country Land - Civil and criminal jurisdiction - Expiration, cancellation or termination of agreement.
A. Pursuant to applicable federal law, the State of Oklahoma assumes both the civil and criminal jurisdiction with respect to all criminal offenses and civil causes of actions over Indian Country land wherein the state has entered into an agreement with the applicable tribes or other appropriate authority for use of said land as an inmate work center as established in Section 563 of Title 57 of the Oklahoma Statutes.
B. Upon the expiration, cancellation or other mutual termination of the agreement the assumption of both civil and criminal jurisdiction shall be deemed withdrawn by operation of law and the land shall be Indian Country under the exclusive control of the Indian tribes and federal authority together and any improvements thereon shall inure to the benefit of the tribes. Provided, that in the event of expiration, cancellation or other mutual termination, the State of Oklahoma, through the Department of Corrections shall have twelve (12) months in which to vacate and relocate the offenders, unless otherwise extended by the parties.
Added by Laws 1989, c. 303, § 13, operative July 1, 1989.
§57-509.6. Special unit for elderly, disabled and sick inmates.
The Department of Corrections is authorized, pursuant to the Board of Corrections resolution on May 22, 1998 and subject to legislative appropriation, to establish a special correctional unit expansion at the Joseph Harp Correctional Center in Lexington, Oklahoma, designed solely for the imprisonment of elderly persons, physically disabled persons, persons in need of infirmary care, and persons in need of specialized care or treatment as an outpatient in the Oklahoma City Metropolitan area in the custody of the Department. The Department shall consider the unique needs of the elderly offender and the physically disabled offender when designing the unit or renovating an existing unit for this purpose and when implementing any program or service for such persons.
Only the following offenders shall be eligible for placement in the facility:
1. Persons age fifty-five (55) years or older who are deemed not suitable for placement in the general population of another facility;
2. Persons who are physically disabled upon reception into the custody of the Department, or who become physically disabled during the term of their incarceration within the custody of the Department, and whose disability requires the continuous use of a wheelchair or other special equipment, or whose disability requires special assistance, services or accommodations which another facility is not designed or equipped to meet;
3. Persons requiring an infirmary with twenty-four-hour nursing care; and
4. Persons having appointments or other needs for medical services which are provided at Griffin Memorial Hospital, Oklahoma Memorial Hospital or other medical facilities in the Oklahoma City metropolitan area and that are coming from and returning to other Department correctional facilities.
Added by Laws 1998, c. 418, § 66, eff. July 1, 1998.
§57-510. Penal institutions - Director's specific powers and duties.
A. The Director of the Department of Corrections shall have the following specific powers and duties relating to the penal institutions:
1. To appoint, subject to the approval of the State Board of Corrections, a warden or superintendent for each penal institution, who shall qualify for the position by character, personality, ability, training, and successful administrative experience in the correctional field; and if the person is not the incumbent warden or superintendent of a penal institution, the person shall have a college degree with a major in the behavioral sciences. As used in this section, "major in the behavioral sciences" means a major in psychology, sociology, criminology, education, corrections, human relations, guidance and counseling, administration, criminal justice administration, or penology;
2. To fix the duties of the wardens and superintendents and to appoint and fix the duties and compensation of such other personnel for each institution as may be necessary for the proper operation thereof. However, correctional officers and guards hired after November 1, 1995, shall be subject to the following qualifications:
a. the minimum age for service shall be twenty-one (21) years of age. The Director shall have the authority to establish the maximum age for correctional officers entering service,
b. possession of a minimum of thirty (30) semester hours from an accredited college or university, or possession of a high school diploma acquired from an accredited high school or GED equivalent testing program and graduation from a training course conducted by or approved by the Department and certified by the Council on Law Enforcement Education and Training either prior to employment or during the first six (6) months of employment,
c. be a resident of this state during employment,
d. be of good moral character,
e. before going on duty alone, satisfactory completion of an adequate training program for correctional officers and guards, as prescribed and approved by the State Board of Corrections,
f. satisfactory completion of minimum testing or professional evaluation through the Merit System of Personnel Administration to determine the fitness of the individual to serve in the position written evaluations shall be submitted to the Department of Corrections, and
g. satisfactory completion of a physical in keeping with the conditions of the job description on an annual basis and along the guidelines as established by the Department of Corrections;
3. To designate as peace officers qualified personnel in any Department of Corrections job classifications. The Director shall designate as peace officers correctional officers who are employed in positions requiring said designation. The peace officer authority of employees designated as peace officers shall be limited to: maintaining custody of prisoners; preventing attempted escapes; pursuing, recapturing and incarcerating escapees and parole or probation violators and arresting such escapees, parole or probation violators, serving warrants, and performing any duties specifically required for the job descriptions. Such powers and duties of peace officers may be exercised for the purpose of maintaining custody, security, and control of any prisoner being transported outside this state as authorized by the Uniform Criminal Extradition Act. To become qualified for designation as peace officers, employees shall meet the training and screening requirements conducted by the Department and certified by the Council on Law Enforcement Education and Training within twelve (12) months of employment or, in the case of employees designated as peace officers on or before July 1, 1997, by July 1, 1998, and shall not be subject to Section 3311 of Title 70 of the Oklahoma Statutes;
4. To maintain such industries, factories, plants, shops, farms, and other enterprises and operations, hereinafter referred to as prison industries, at each institution as the State Board of Corrections deems necessary or appropriate to employ the prisoners or teach skills, or to sustain the institution; and as provided for by policies established by the State Board of Corrections, to allow compensation for the work of the prisoners, and to provide for apportionment of inmate wages, the amounts thus allowed to be kept in accounts by the Board for the prisoners and given to the inmates upon discharge from the institution, or upon an order paid to their families or dependents or used for the personal needs of the prisoners. Any industry that employs prisoners shall be deemed a "State Prison Industry" if the prisoners are paid from state funds including the proceeds of goods sold as authorized by Section 123f of Title 74 of the Oklahoma Statutes. Any industry in which wages of prisoners are paid by a nongovernmental person, group, or corporation, except those industries employing prisoners in work-release centers under the authority of the Department of Corrections shall be deemed a "Private Prison Industry";
5. To assign residences at each institution to institutional personnel and their families;
6. To provide for the education, training, vocational education, rehabilitation, and recreation of prisoners;
7. To regulate the operation of canteens for prisoners;
8. To prescribe rules for the conduct, management, and operation of each institution, including rules for the demeanor of prisoners, the punishment of recalcitrant prisoners, the treatment of incorrigible prisoners, and the disposal of property or contraband seized from inmates or offenders under the supervision of the Department;
9. To transfer prisoners from one institution to another;
10. To transfer to a state hospital for the mentally ill for care and treatment, any prisoner who appears to be mentally ill. The prisoner shall be returned to the institution when the superintendent of the hospital certifies that the prisoner has been restored to mental health;
11. To establish procedures that ensure inmates are educated and provided with the opportunity to execute advanced directives for health care in compliance with Section 3101.2 of Title 63 of the Oklahoma Statutes. The procedures shall ensure that any inmate executing an advanced directive for health care is competent and executes the directive with informed consent;
12. To maintain courses of training and instruction for employees at each institution;
13. To maintain a program of research and statistics;
14. To provide for the periodic audit, at least once annually, of all funds and accounts of each institution and the funds of each prisoner;
15. To provide, subject to rules established by the State Board of Corrections, for the utilization of inmate labor for any agency of the state, city, town, or subdivision of this state, upon the duly authorized request for such labor by the agency. The inmate labor shall not be used to reduce employees or replace regular maintenance or operations of the agency. The inmate labor shall be used solely for public or state purposes. No inmate labor shall be used for private use or purpose. Insofar as it is practicable, all inmate labor shall be of such a nature and designed to assist and aid in the rehabilitation of inmates performing the labor;
16. To provide clerical services for, and keep and preserve the files and records of, the Pardon and Parole Board; make investigations and inquiries as to prisoners at the institutions who are to be, or who might be, considered for parole or other clemency; assist prisoners who are to be, or who might be, considered for parole or discharge in obtaining suitable employment in the event of parole or discharge; report to the Pardon and Parole Board, for recommendation to the Governor, violations of terms and conditions of paroles; upon request of the Governor, make investigations and inquiries as to persons who are to be, or who might be, considered for reprieves or leaves of absence; report to the Pardon and Parole Board, for recommendation to the Governor, whether a parolee is entitled to a pardon, when the terms and conditions of the parole have been completed; make presentence investigations for, and make reports thereof to, trial judges in criminal cases before sentences are pronounced; supervise persons undergoing suspended sentences, or who are on probation or parole; and develop and operate, subject to the policies and guidelines of the Board, work-release centers, community treatment facilities or prerelease programs at appropriate sites throughout this state;
17. To establish an employee tuition assistance program and promulgate rules in accordance with the Administrative Procedures Act for the operation of the program. The rules shall include, but not be limited to, program purposes, eligibility requirements, use of tuition assistance, service commitment to the Department, reimbursement of tuition assistance funds for failure to complete course work or service commitment, amounts of tuition assistance and limitations, and record keeping;
18. To establish an employee recruitment and referral incentive program and promulgate rules in accordance with the Administrative Procedures Act for the operation of the program. The rules shall include, but not be limited to, program purposes, pay incentives for employees, eligibility requirements, payment conditions and amounts, payment methods, and record keeping;
19. To provide reintegration referral services to any person discharged from the state custody who has volunteered to receive reintegration referral services. The Director may assign staff to refer persons discharged from state custody to services. The Director shall promulgate rules for the referral process. All reintegration referral services shall be subject to the availability of funds; and
20. To conduct continual planning and research and periodically evaluate the effectiveness of the various correctional programs instituted by the Department; manage the designing, building, and maintaining of all the capital improvements of the Department; establish and maintain current and efficient business, bookkeeping, and accounting practices and procedures for the operations of all institutions and facilities, and for the Department's fiscal affairs; conduct initial orientation and continuing in-service training for the Department employees; provide public information services; inspect and examine the condition and management of state penal and correctional institutions; investigate complaints concerning the management of prisons or alleged mistreatment of inmates thereof; and hear and investigate complaints as to misfeasance or nonfeasance of employees of the Department.
B. When an employee of the Department of Corrections has been charged with a violation of the rules of the Department or with a felony pursuant to the provisions of a state or federal statute, the Director may, in the Director's discretion, suspend the charged employee, in accordance with the Oklahoma Personnel Act and/or the Merit System of Personnel Administration Rules, pending the hearing and final determination of the charges. Notice of suspension shall be given by the Director, in accordance with the provisions of the Oklahoma Personnel Act. If after completion of the investigation of the charges, it is determined that such charges are without merit or are not sustained before the Oklahoma Merit Protection Commission or in a court of law, the employee shall be reinstated and shall be entitled to receive all lost pay and benefits.
This subsection shall in no way deprive an employee of the right of appeal according to the Oklahoma Personnel Act.
Added by Laws 1967, c. 261, § 10, operative July 1, 1967. Amended by Laws 1967, c. 325, § 3; Laws 1971, c. 83, § 3, emerg. eff. April 16, 1971; Laws 1973, c. 152, § 4, emerg. eff. May 14, 1973; Laws 1974, c. 155, § 1, emerg. eff. May 4, 1974; Laws 1977, c. 257, § 1, eff. Oct. 1, 1977; Laws 1979, c. 246, § 2, emerg. eff. May 31, 1979; Laws 1980, c. 210, § 6, eff. Oct. 1, 1980; Laws 1981, c. 345, § 1, emerg. eff. June 30, 1981; Laws 1982, c. 338, § 47, eff. July 1, 1982; Laws 1983, c. 81, § 2, eff. Nov. 1, 1983; Laws 1986, c. 158, § 5, operative July 1, 1986; Laws 1986, c. 314, § 16, operative July 1, 1986; Laws 1995, c. 175, § 1, eff. Nov. 1, 1995; Laws 1995, c. 310, § 22, eff. Nov. 1, 1995; Laws 1997, c. 351, § 1, eff. July 1, 1997; Laws 2001, c. 412, § 1, eff. July 1, 2001; Laws 2003, c. 82, § 3, emerg. eff. April 15, 2003; Laws 2004, c. 168, § 8, emerg. eff. April 27, 2004.
NOTE: Laws 1981, c. 64, § 1 repealed by Laws 1983, c. 81, § 3, eff. Nov. 1, 1983.
§57-510.1. Time away from correctional facility for committed offender - Purposes.
A. The Department of Corrections may extend the limits of the place of confinement of a committed offender at any of the state correctional facilities by authorizing such committed offender under special conditions to be away from such correctional facility but within the state. Such authority may be granted for any of the following purposes:
1. To attend the funeral of a relative;
2. To visit a critically ill relative;
3. To obtain medical, psychiatric, sociological or social services in the community; or
4. To participate in public works projects.
B. Except as provided in subsection C of this section, the Department of Corrections may extend the limits of the place of confinement of a committed offender at any of the state correctional facilities by granting the offender a pass authorizing the committed offender to be away from the correctional facility, but within the state, for any of the following purposes:
1. To contact prospective employers;
2. To secure a suitable residence for use upon release on parole or discharge;
3. To participate in work, educational and training programs in the community; or
4. For any other reasons consistent with the reintegration of a committed offender into the community, if authorized by law.
C. Offenders whose controlling, concurrent, or consecutive sentence is for a sex or incest related offense or drug trafficking offense or who have a prior conviction for a sex or incest offense or drug trafficking offense shall not be eligible for passes authorized by subsection B of this section at minimum security facilities. Offenders assigned to a community treatment center or a community security facility whose controlling, concurrent, or consecutive sentence is for a sex or incest related offense or drug trafficking offense or who have a prior conviction for a sex or incest offense or drug trafficking offense shall not be eligible for passes authorized by subsection B of this section until they are within eleven (11) months of current release date or on a parole stipulation for work release of one hundred eighty (180) days or less, except that offenders with a conviction for forcible sodomy, rape in the first degree, rape by instrumentation, or lewd or indecent act with a child shall not be eligible for passes until they are within six (6) months of current release date or in the final ninety (90) days of a parole stipulation.
D. For the purpose of this section, "relative" means the offender's father, mother, child, stepchild or adopted child, brother, sister, current spouse, or grandparents, and upon acceptable documentation, any person who served a parental capacity. Any approved visit may be considered a cost of incarceration reimbursable to the Department.
E. A person away from a correctional facility, pursuant to this section, and who is classified in medium or higher security shall be accompanied by an officer or other employee of the Department.
F. A committed offender is, during his absence, to be considered as in the custody of the correctional facility and the time of such absence is to be considered as part of the term of sentence. Failure to return to the facility shall be deemed an escape and subject to such penalty as provided by law.
G. Except as provided in subsection C of this section and subject to the approval of the Department, the administrator of a county or municipal jail or correctional facility may grant leave authority to a committed offender in such jail or facility for the purposes specified in subsections A or B of this section.
Added by Laws 1980, c. 197, § 1, emerg. eff. May. 12, 1980. Amended by Laws 1985, c. 202, § 4, emerg. eff. June 28, 1985; Laws 1989, c. 149, § 1, emerg. eff. May 8, 1989; Laws 1997, c. 357, § 9, emerg. eff. June 9, 1997; Laws 2002, c. 43, § 1, eff. Nov. 1, 2002 and Laws 2002, c. 465, § 1, eff. July 1, 2002.
§57-510.2. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff. July 1, 1999.
§57-510.3. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff. July 1, 1999.
§57-510.4. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff. July 1, 1999.
§57-510.5. Oklahoma Inmate Literacy Act - Short title.
Sections 1 through 4 of this act shall be known and may be cited as the "Oklahoma Inmate Literacy Act".
Added by Laws 1993, c. 125, § 1, emerg. eff. April 29, 1993.
§57-510.6. Intent of Legislature - Educational opportunities for inmates.
It is the intent of the Legislature to provide the opportunity for inmates in the Department of Corrections to receive a basic education and further to provide incentives for inmates to participate in education programs.
Added by Laws 1993, c. 125, § 2, emerg. eff. April 29, 1993.
§57-510.6a. Correctional teachers or vocational instructors - Salary and fringe benefits - Nonteaching administrators - Pay raises.
A. Persons certified to teach in the State of Oklahoma and meeting all minimum qualifications set by the Office of Personnel Management, who are hired or employed as Correctional Teachers or Vocational Instructors by the Department of Corrections educational program, shall receive in salary the minimum amounts specified in Section 18-114.12 of Title 70 of the Oklahoma Statutes multiplied by a factor of 1.20. Correctional Teachers serving as lead workers with supervisory responsibilities shall receive the minimum amounts specified above multiplied by a factor of 1.25. Correctional Teachers who have a special education certificate shall receive salary of an additional five percent (5%). Correctional Teachers shall receive the benefits set forth in Sections 1370 and 1707 of Title 74 of the Oklahoma Statutes; provided, however, Correctional Teachers shall not be eligible for longevity payments pursuant to Section 840-2.18 of Title 74 of the Oklahoma Statutes.
B. Persons employed by the Department of Corrections school system as nonteaching administrators shall be in the unclassified service and shall not be placed under the classified service; however, any classified employee occupying an administrative position prior to July 1, 2000, shall retain the right to remain in the classified service. At such time as such position becomes vacant, it shall be placed in the unclassified service.
C. Except as provided by this section of law, the employment of persons by the Department of Corrections educational program as teachers or administrators shall be entirely governed by the provisions of Title 74 of the Oklahoma Statutes and any other laws or rules regarding state employees and their employment; however, no Department of Corrections Correctional Teacher or Vocational Instructor, whose salary is calculated in accordance with the provisions of this section, shall be entitled to receive any pay increases for state employees authorized elsewhere in statute, rule or law. Correctional Teachers or Vocational Instructors shall receive any legislated pay increases granted in addition to the Title 70 minimum salary schedule; provided, such increases are given to all common education/vocational technical teachers.
D. The salaries for all Correctional Teachers and Vocational Instructors shall be adjusted annually on July 1 unless legislation authorizes a pay raise for educators with an implementation date other than July 1, in which case the annual adjustment shall occur on the date of the pay raise implementation.
E. The monthly salaries of Correctional Teachers and Vocational Instructors employed by the Department of Corrections on the effective date of this act will be adjusted according to the procedures authorized in subsection A of this section on the first day of the month following the effective date of this act. Longevity payments will be eliminated in the month following the effective date of this act for Correctional Teachers and Vocational Instructors whose salaries are calculated according to the provisions of this section. The salaries of the employees governed by this section who are employed on the effective date of this act will be recalculated. The recalculation will be based on the provisions of subsection A of this section for actual time employed as a Department of Corrections Correctional Teacher or Vocational Instructor between July 1, 2004, and the last day of the month in which this act becomes effective. Authorized employees will receive a one-time payment equal to the difference between the recalculated salary amount and the compensation received.
Added by Laws 2000, c. 282, § 1, eff. July 1, 2000. Amended by Laws 2005, c. 424, § 1, eff. July 1, 2005.
§57-510.7. Assessment of educational and training needs.
A. The Department of Corrections shall establish a program to ensure that inmates have an opportunity to achieve at least an eighth grade level of proficiency in reading, writing and computation skills, to the extent resources are available. The provisions of this subsection shall apply to all inmates in the custody of the Department of Corrections, except those inmates identified and documented, through the testing requirements provided in subsection B of this section, to be incapable of benefiting from education programs, and except those inmates who have already achieved an eighth grade level of proficiency in reading, writing and computation skills.
B. The Department of Corrections, in fulfilling its duty to assess the educational and training needs of an inmate, as part of the assessment and reception process required by Section 530.1 of Title 57 of the Oklahoma Statutes, shall administer an examination to determine the education proficiency of the inmate, the existence of any learning disabilities, and any other factors relevant to determining if the inmate is capable of achieving the educational proficiency established in subsection A of this section and if so, to determine the type of education programs necessary to bring the inmate to an eighth grade level of proficiency.
Added by Laws 1993, c. 125, § 3, emerg. eff. April 29, 1993.
§57-510.8. Priority of placement - Refusal to participate - Waiver of educational requirements.
A. The Department of Corrections shall implement procedures to ensure that priority for placement of eligible inmates in education programs be given to inmates closest to their projected release dates.
B. Any incarcerated inmate that refuses to participate in recommended education programs shall be ineligible for earned credits as provided in Section 138.1 of Title 57 of the Oklahoma Statutes and shall jeopardize his or her eligibility for parole or participation in the Preparole Conditional Supervision Program.
C. Any eligible inmate who has not achieved the educational proficiency level established in Section 3 of this act, prior to the date of eligibility for parole or preparole conditional supervision, shall be required by the Pardon and Parole Board to participate in education programs approved by the Board to achieve such proficiency level or, at the discretion of the Board, to obtain a general education diploma as a condition of parole or preparole conditional supervision. If education programs are not available in the community where the inmate resides, or if the Board finds that such educational requirements would be a financial hardship on the inmate or that said inmate is not physically able to participate, the Board may waive the educational requirement set out herein.
Added by Laws 1993, c. 125, § 4, emerg. eff. April 29, 1993.
§57-510.8a. Pilot programs on phonetics and reading.
The Department of Corrections is hereby authorized to establish a pilot program at the Charles E. "Bill" Johnson Correctional Center, Alva, Oklahoma, and one or more pilot programs in other correctional facilities in this state on phonetics and reading using pre- and post-testing evaluations, subject to availability of funds.
Added by Laws 2003, c. 41, § 1, eff. July 1, 2003.
§57-510.9. Electronic Monitoring Program.
A. There is hereby created the Electronic Monitoring Program for inmates in the custody of the Department of Corrections who are sentenced for a nonviolent offense as defined by Section 571 of this title. The Department is authorized to use an electronic monitoring global positioning device to satisfy its custody duties and responsibilities.
B. After an inmate has been processed and received through the Lexington Assessment and Reception Center, has been incarcerated in a secure facility for a minimum of one hundred eighty (180) days, and has met the criteria established in subsection C of Section 521 of this title, the Director of the Department of Corrections may assign the inmate, if eligible, to the Electronic Monitoring Program. Nothing shall prohibit the Director from assigning an inmate to the Electronic Monitoring Program while assigned to the accredited halfway house or transitional living facility. The following inmates, youthful offenders, and juveniles shall not be eligible for assignment to the program:
1. Any inmate who has eleven (11) months or more left on their sentence;
2. Inmates convicted of a violent offense within the previous ten (10) years;
3. Inmates convicted of any violation of the provisions of the Trafficking in Illegal Drugs Act, Section 2-414 et seq. of Title 63 of the Oklahoma Statutes;
4. Inmates denied parole within the previous twelve (12) months pursuant to Section 332.7 of this title;
5. Inmates convicted pursuant to Section 11-902 of Title 47 of the Oklahoma Statutes who are not receptive to substance abuse treatment and follow-up treatment;
6. Inmates removed from the Electronic Monitoring Program or any other alternative to incarceration authorized by law for violation of any rule or condition of the program and reassigned to imprisonment in a correctional facility;
7. Inmates deemed by the Department to be a security risk or threat to the public;
8. Inmates requiring educational, medical or other services or programs not available in a community setting as determined by the Department;
9. Inmates convicted of any violation of subsection C of Section 644 of Title 21 of the Oklahoma Statutes or who have an active protection order that was issued under the Protection from Domestic Abuse Act, Sections 60 through 60.16 of Title 22 of the Oklahoma Statutes;
10. Inmates who have outstanding felony warrants or detainers from another jurisdiction;
11. Inmates convicted of a sex offense who, upon release from incarceration, would be required by law to register pursuant to the Sex Offender Registration Act;
12. Inmates convicted of racketeering activity as defined in Section 1402 of Title 22 of the Oklahoma Statutes;
13. Inmates convicted pursuant to subsection F of Section 2-401 of Title 63 of the Oklahoma Statutes;
14. Inmates convicted pursuant to Section 650 of Title 21 of the Oklahoma Statutes;
15. Inmates who have escaped from a penal or correctional institution within the previous ten (10) years; or
16. Inmates who currently have active misconduct actions on file with the Department of Corrections.
C. Every eligible inmate assigned to the Electronic Monitoring Program shall remain in such program until one of the following conditions has been met:
1. The inmate discharges the term of the sentence;
2. The inmate is removed from the Electronic Monitoring Program for violation of any rule or condition of the program and reassigned to imprisonment in a correctional facility; or
3. The inmate is paroled by the Governor pursuant to Section 332.7 of this title.
D. After an inmate has been assigned to the Electronic Monitoring Program, denial of parole pursuant to Section 332.7 of this title, shall not be cause for removal from the program, provided the inmate has not violated the rules or conditions of the program. The inmate may remain assigned to the program, if otherwise eligible, until the completion of the sentence.
E. The Electronic Monitoring Program shall require active supervision of the inmate in a community setting by a correctional officer or other employee of the Department of Corrections with monitoring by a global positioning device approved by the Department under such rules and conditions as may be established by the Department. If an inmate violates any rule or condition of the program, the Department may take necessary disciplinary action consistent with the rules established pursuant to this section, including reassignment to a higher level of security or removing the inmate from the program with reassignment to imprisonment in a correctional facility. Any inmate who escapes from the Electronic Monitoring Program shall be subject to the provisions of Section 443 of Title 21 of the Oklahoma Statutes.
F. Upon an inmate assigned to the Electronic Monitoring Program becoming eligible for parole consideration, pursuant to Section 332.7 of this title, the Department of Corrections shall deliver the inmate, in person, to a correctional facility for interview, together with any Department records necessary for the Pardon and Parole Board's investigation. Inmates assigned to the Electronic Monitoring Program shall not be allowed to waive consideration or recommendation for parole.
G. Prior to placement of any eligible inmate assigned to the Electronic Monitoring Program being placed in a community setting, the Department of Corrections shall deliver a written notification to the sheriff and district attorney of the county, and the chief law enforcement officer of any incorporated city or town in which the inmate is to be monitored and supervised under the program. The district attorney shall disseminate such information to victims of the crime for which the inmate is serving sentence, if any, when the victims are known to live in the same city, town or county.
H. An inmate assigned to the Electronic Monitoring Program may be required to pay the Department of Corrections for all or part of any monitoring equipment or fee, substance abuse treatment program or follow-up treatment expense, supervision cost, or other costs while assigned to the program. The Department shall determine whether the inmate has the ability to pay all or part of such fee or costs.
I. The Department of Corrections shall promulgate and adopt rules and procedures necessary to implement the Electronic Monitoring Program, including but not limited to methods of monitoring and supervision, disciplinary action, reassignment to higher and lower security levels, removal from the program, and costs of monitoring and supervision to be paid by the inmate, if any.
Added by Laws 1993, c. 276, § 5, emerg. eff. May 27, 1993. Amended by Laws 1997, c. 133, § 30, emerg. eff. April 22, 1997; Laws 1999, 1st Ex. Sess., c. 5, § 14, eff. July 1, 1999; Laws 2004, c. 242, § 1, emerg. eff. May 5, 2004; Laws 2004, c. 507, § 2, emerg. eff. June 9, 2004.
NOTE: Editorially renumbered from § 510.5 of this title to avoid a duplication in numbering.
§57-510.10. Electronic monitoring of inmates.
A. The Department of Corrections is hereby authorized to use electronic monitoring devices for any inmate sentenced for a crime or for any person granted parole, or as disciplinary sanction as authorized by law.
B. The electronic monitoring of an inmate pursuant to this section shall be in addition to active supervision required by law. An inmate assigned to electronic monitoring shall be required to pay the Department of Corrections for all or part of any monitoring equipment or fee, supervision cost, or other costs while assigned to electronic monitoring. The Department shall determine whether the person has the ability to pay all or part of such costs or fee.
C. From and after the effective date of this act, any person in the custody of the Department of Corrections who is assigned to a community corrections center, community work center, or halfway house, and who has any current or previous convictions for a crime which would require the person to register as a sex offender pursuant to the Oklahoma Sex Offenders Registration Act, shall be assigned to a global position monitoring system for the duration of the registration period. Any offender paroled who is subject to the provisions of the Oklahoma Sex Offenders Registration Act shall be assigned to global position monitoring.
D. As used in this section, "electronic monitoring" means monitoring of an inmate within a specified location or locations by means of a global positioning device approved by the Department of Corrections with active supervision by correctional officers or other employees of the Department of Corrections. A global position monitoring system must utilize a backup data storage collection system.
E. The Department shall promulgate and adopt rules and procedures necessary to implement the provisions of this section.
Added by Laws 1993, c. 276, § 15, emerg. eff. May 27, 1993. Amended by Laws 1997, c. 133, § 31, eff. July 1, 1997; Laws 1999, 1st Ex.Sess., c. 5, § 15, eff. July 1, 1999; Laws 2004, c. 242, § 2, emerg. eff. May 5, 2004; Laws 2005, c. 188, § 3, emerg. eff. May 17, 2005.
NOTE: Editorially renumbered from § 510.6 of this title to avoid a duplication in numbering.
§57-511. Repealed by Laws 1974, c. 285, § 19, emerg. eff. May. 29, 1974.
§57-512. Supervision of inmates paroled from state institutions - Conditions for release - Violations.
Any inmate in a state penal institution who has been granted a parole shall be released from the institution upon the following conditions:
1. That he comply with specified requirements of the Division of Community Services of the Department of Corrections under the active supervision of a Probation and Parole Officer. Such active supervision shall be for a period not to exceed three (3) years, except as provided in paragraph 2 of this section.
2. That he be actively supervised by a Probation and Parole Officer for an extended period not to exceed the expiration of the maximum term or terms for which he was sentenced if convicted of a sex offense or upon the determination by the Division of Community Services that the best interests of the public and the parolee will be served by such an extended period of supervision.
Provided, for the purposes of this section, the term "sex offense" shall not include a violation of paragraph 1 of subsection A of Section 1021 of Title 21 of the Oklahoma Statutes.
The Probation and Parole Officer, upon information sufficient to give him reasonable grounds to believe that the parolee has violated the terms of and conditions of his parole, shall notify the Deputy Director of the Division of Community Services in accordance with Section 516 of Title 57 of the Oklahoma Statutes.
Added by Laws 1967, c. 261, § 12, operative July 1, 1967. Amended by Laws 1978, c. 236, § 1; Laws 1993, c. 166, § 3, eff. Sept. 1, 1993.
§57-513. Discharged prisoners - Clothing, transportation and funds.
A. When any prisoner shall be discharged from the institution, the Warden or superintendent shall furnish him with proper and necessary clothing and a railroad or bus ticket to his home community within the State of Oklahoma, if it is not in the county in which the institution is located; and if his home community is outside the State of Oklahoma, the warden or superintendent may furnish the necessary tickets to his home community or the county in which the sentence was imposed; and if he does not have Fifty Dollars ($50.00) to his credit, the Warden or superintendent may furnish such sum as will afford him Fifty Dollars ($50.00).
B. Funds necessary to provide said clothing, transportation and Fifty Dollars ($50.00) shall be drawn from a petty cash fund to be established at each institution of the Oklahoma Department of Corrections. Said Petty Cash Fund shall be governed by the rules and regulations established by the Oklahoma State Budget Office.
Added by Laws 1967, c. 261, § 13, operative July 1, 1967. Amended by Laws 1974, c. 285, § 16, emerg. eff. May 29, 1974.
§57-513.1. Maximum amounts in petty cash funds.
Maximum amounts in petty cash funds.
The maximum amounts that may be maintained in petty cash funds, established in accordance with the provisions of Section 513 of this title, are as specified below:
Maximum Amount
Department of Corrections $1,000.00
Ouachita Correctional Center (Hodgen) $2,000.00
Mack H. Alford Correctional Center $2,500.00
Howard C. McLeod Correctional Center (Farris) $2,000.00
Lexington Assessment and Reception Center $2,500.00
Oklahoma State Penitentiary (McAlester) $8,000.00
Oklahoma State Reformatory (Granite) $3,000.00
R.B. "Dick" Conner Correctional Center (Hominy) $3,000.00
Joe Harp Correctional Center (Lexington) $3,000.00
Jess Dunn Correctional Center (Taft) $3,500.00
James Crabtree Correctional Center (Helena) $2,000.00
Mabel Bassett Correctional Center (Oklahoma City) $2,000.00
John Lilley Correctional Center (Boley) $2,000.00
Oklahoma City Community Corrections Center $2,000.00
Clara Waters Community Corrections Center (Oklahoma City) $2,000.00
Kate Barnard Community Corrections Center (Oklahoma City) $2,000.00
Tulsa Community Corrections Center $2,000.00
Muskogee Community Corrections Center $2,000.00
Lawton Community Corrections Center $2,000.00
Enid Community Corrections Center $2,000.00
Jackie Brannon Correctional Center $3,000.00
William S. Key Correctional Center (Fort Supply) $3,000.00
Dr. Eddie Walter Warrior Correctional Center (Taft) $3,000.00
Northeast Oklahoma Correctional Center (Vinita) $3,000.00
Charles E. "Bill" Johnson Correctional Center $3,000.00
Added by Laws 1977, 1st Ex.Sess., c. 5, § 12, emerg. eff. June 21, 1977. Amended by Laws 1978, c. 273, § 12, emerg. eff. May 10, 1978; Laws 1980, c. 315, § 11, eff. July 1, 1980; Laws 1982, c. 346, § 11, emerg. eff. June 2, 1982; Laws 1983, c. 266, § 12, operative July 1, 1983; Laws 1984, c. 296, § 52, operative July 1, 1984; Laws 1985, c. 202, § 8, emerg. eff. June 28, 1985; Laws 1985, c. 327, § 18, emerg. eff. July 29, 1985; Laws 1986, c. 314, § 15, operative July 1, 1986; Laws 1987, c. 205, § 24, operative July 1, 1987; Laws 1989, c. 303, § 14, operative July 1, 1989; Laws 1990, c. 258, § 18, operative July 1, 1990; Laws 1991, c. 291, § 16, eff. July 1, 1991; Laws 1994, c. 277, § 3; Laws 1995, c. 266, § 3, emerg. eff. May 25, 1995; Laws 2000, c. 415, § 8, eff. July 1, 2000.
§57-513.2. Notification of completion of sentence or discharge of inmate from custody.
The Department of Corrections shall notify the district attorney or requesting law enforcement agency of the sentencing county whenever an inmate completes his sentence or is otherwise discharged from the custody of the Department, except those discharged under the procedures and supervision of the Pardon and Parole Board. The notification shall be on a monthly basis and shall be made within ten (10) days following the month reported upon. The notification shall include the names of those inmates released under the provisions of the Oklahoma Prison Overcrowding Emergency Powers Act, Section 570 et seq. of this title. For the purposes of this section, "sentencing county" shall mean the county from which the inmate received the last sentence served prior to release but shall not refer to any sentences received which include inmate status as an element of the offense. Should the inmate be released from concurrent sentences then each sentencing county district attorney shall receive the notification. The district attorney shall disseminate the information provided herein to any and all law enforcement agencies deemed appropriate by the district attorney and to any victim of the crime for which the inmate was convicted. Notification shall be made to a victim by mailing the notification to the last-known address of the victim, if such information is requested by the victim. The district attorney shall not give the address of the inmate to any victim of the crime for which the inmate was convicted. The notifications required herein shall commence within ten (10) days following the first full month subsequent to the effective date of this act.
Added by Laws 1985, c. 112, § 12, eff. Nov. 1, 1985. Amended by Laws 1987, c. 117, § 2, eff. Nov. 1, 1987; Laws 1990, c. 105, § 3, eff. Sept. 1, 1990; Laws 1993, c. 276, § 6, emerg. eff. May 27, 1993.
§57-513.2a. Failure to give notification - Improper disclosure - Immunity from liability.
Neither the Pardon and Parole Board, District Attorney's office, Department of Corrections, nor their members, agents, servants or employees shall be liable for any civil claim of damages, alleged to have arisen from a failure to give any notice under this act, nor from a disclosure of the whereabouts of any person who had been convicted, paroled or pardoned.
Added by Laws 1990, c. 105, § 4, eff. Sept. 1, 1990.
§57-514. Repealed by Laws 1980, c. 210, § 11, eff. Oct. 1, 1980.
§57-515. Probation-parole officers.
A. Except as provided in subsection B of this section, all probation-parole officers shall be deemed peace officers and shall possess the powers granted by law to peace officers. Probation-parole officers shall meet all of the training and qualifications for peace officers required by Section 3311 of Title 70 of the Oklahoma Statutes. Qualifications for probation-parole officers shall be good character and, except for those probation-parole officers employed prior to May 4, 1974, a bachelor's degree from an accredited college or university including at least twentyfour (24) credit hours in any combination of psychology, sociology, social work, criminology, education, criminal justice administration, penology or police science. Provided, that any employee of the Department, formerly classified and who worked as a probation-parole officer for at least one (1) year, who was later promoted to an administrative or supervisory position within the Department and who has been employed continuously by the Department may be reappointed to the position of probation-parole officer without having to meet the currently established qualifications in this act.
B. Persons employed as probation-parole officers on or before July 1, 1988, shall not be qualified and certified as peace officers until completion of the requirements of Section 3311 of Title 70 of the Oklahoma Statutes. Said officers shall complete the requirements prior to January 1, 1990.
Added by Laws 1967, c. 261, § 15. Amended by Laws 1971, c. 83, § 4, emerg. eff. April 16, 1971; Laws 1974, c. 155, § 2, emerg. eff. May. 4, 1974; Laws 1975, c. 106, § 1; Laws 1975, c. 366, § 5, eff. Oct. 1, 1975; Laws 1976, c. 188, § 1, emerg. eff. June 4, 1976; Laws 1986, c. 314, § 17, operative July 1, 1986; Laws 1987, c. 156, § 6, eff. Nov. 1, 1987; Laws 1988, c. 310, § 11, operative July 1, 1988.
§57-516. Parole violators.
A. Except as provided in subsection B of this section, the probation and parole officer shall, upon information sufficient to give the officer reasonable grounds to believe that the parolee has violated the terms of and conditions of parole, notify the Department of Corrections. If it is determined that the facts justify revocation action, the Department shall issue a warrant for the arrest of the parolee and the warrant shall have the force and effect of any warrant of arrest issued by a district court in this state. The parolee shall, after arrest, be immediately incarcerated in the nearest county jail, intermediate sanctions facility, or a Department of Corrections facility to await action by the Governor as to whether the parole will be revoked. Parole time shall cease to run after the issuance of a warrant for arrest by the Department of Corrections, and earned credits shall not be accrued during any period of time when the parolee is incarcerated pending revocation action by the Governor.
B. Any parolee determined to have violated any terms or conditions of parole by the supervising parole officer may be given the option, at the discretion of the Department of Corrections, to be placed in an intermediate sanctions facility for disciplinary sanction and programmatic services in lieu of revocation or when revocation action by the Governor is deemed unnecessary for the nature of the violation. Any parolee for whom a warrant for arrest issues as provided in subsection A of this section may, at the discretion of the Department or the Governor, be placed in an intermediate sanctions facility pending or following any action by the Governor as to revocation of parole or required additional conditions to remain on parole. A parolee may be received and processed into the custody of the Department on an expedited basis through any facility serving such purpose or may be processed directly by the intermediate sanctions facility.
Added by Laws 1967, c. 261, § 16, operative July 1, 1971. Amended by Laws 1975, c. 366, § 6, eff. Oct. 1, 1975; Laws 1980, c. 210, § 7, eff. Oct. 1, 1980; Laws 1985, c. 132, § 1, emerg. eff. June 7, 1985; Laws 1987, c. 156, § 7, eff. Nov. 1, 1987; Laws 2002, c. 211, § 2, eff. July 1, 2002.
§57-517. Probation violators.
A. Except as provided in subsection B of this section, the Probation and Parole Officer shall, upon information sufficient to give the officer reasonable grounds to believe that a probationer has violated the terms or conditions of the sentence of probation, notify the Department. If it is determined that the facts justify revocation action, the Department shall issue a warrant for the arrest of the probationer and the warrant shall have the force and effect of any warrant of arrest issued by a district court in this state. A probationer shall, after arrest, be immediately incarcerated in the nearest county jail or intermediate sanctions facility to await action by the court as to whether the probation will be revoked.
B. Any probationer determined to have violated any terms or conditions of probation by the supervising probation officer may, upon approval of the Department of Corrections, be placed by the court in an intermediate sanctions facility for disciplinary sanction and programmatic services in lieu of revocation when revocation is deemed unnecessary for the nature of the violation. Any probationer for whom a warrant for arrest issues as provided in subsection A of this section may, at the discretion of the court, be placed in an intermediate sanctions facility pending or following any action by the court as to revocation of probation or required additional conditions to remain on probation. A probationer may be processed by the Department on an expedited basis through any facility serving such purpose or may be processed directly by the intermediate sanctions facility.
Added by Laws 1967, c. 261, § 17, operative July 1, 1967. Amended by Laws 1975, c. 366, § 7, eff. Oct. 1, 1975; Laws 1980, c. 210, § 8, eff. Oct. 1, 1980; Laws 2002, c. 211, § 3, eff. July 1, 2002.
§57-518. Repealed by Laws 1980, c. 210, § 11, eff. Oct. 1, 1980.
§57-519. Repealed by Laws 1975, c. 369, § 2, emerg. eff. June 18, 1975.
§57-520. Repealed by Laws 1968, c. 204, § 3, eff. April 22, 1968.
§57-521. Commitment to custody of Department - Assignment and classification to correctional facility - Pre-release reintegrative services.
A. Whenever a person is convicted of a felony and is sentenced to imprisonment that is not to be served in a county jail, the person shall be committed to the custody of the Department of Corrections and shall be classified and assigned to a correctional facility or program designated by the Department and authorized by law.
B. It is the intent of the Legislature that inmates in the custody of the Department of Corrections, prior to leaving the custody of the Department, be reintegrated into society through the use of work release programs, work centers, community corrections centers, intermediate sanctions facilities, accredited halfway houses and transitional living centers, subject to the availability of space and funding.
C. All persons who have nonassaultive institutional records and who are convicted of only previous and current nonviolent offenses and have a nonviolent juvenile record and are sentenced to the custody of the Department of Corrections shall be processed for assignment to a work release program, a work center, a community corrections center, an intermediate sanctions facility, an accredited halfway house, a transitional living facility, or any combination of such placements not less than two hundred ten (210) calendar days immediately prior to release from the custody of the Department of Corrections, unless the offender is currently participating in another approved program based upon the offender's needs assessment. Other persons may be processed for assignment according to the offender's needs and security classification not more than one hundred eighty (180) days prior to release from the custody of the Department. This assignment shall be for the purpose of assisting the person in obtaining gainful employment, receiving reintegration skills, and locating a suitable post-release residence. For purposes of this subsection, assistance in obtaining employment, receiving reintegration skills, and a post-release residence shall be part of the function of the placement and shall not be construed to require or authorize any financial assistance or expenditure of state funds to any inmate or to any contract provider for additional program services to an individual inmate.
D. The provisions of subsections B and C of this section shall not be applicable to inmates, as determined on an individual basis by the Department of Corrections, who otherwise constitute a serious or immediate risk to public health and safety.
E. Nothing in this section shall require a county jail to provide any services that are not currently being provided.
Added by Laws 1967, c. 261, § 21, operative July 1, 1967. Amended by Laws 1978, c. 79, § 1, emerg. eff. March 27, 1978; Laws 1993, c. 276, § 7, emerg. eff. May 27, 1993; Laws 1994, c. 2, § 20, emerg. eff. March 2, 1994; Laws 2000, c. 183, § 1, emerg. eff. May 3, 2000; Laws 2002, c. 211, § 4, eff. July 1, 2002; Laws 2003, c. 74, § 1, eff. Nov. 1, 2003.
NOTE: Laws 1993, c. 187, § 3 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.
§57-522. Repealed by Laws 1970, c. 20, § 3, operative April 5, 1970.
§57-523. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§57-524. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§57-525. Offices and residences for wardens.
On and after October 1, 1982, the Board of Corrections shall provide offices and residences for the wardens at the Oklahoma State Penitentiary and the Oklahoma State Reformatory and shall furnish and maintain them but shall not provide allowance for actual subsistence expenses for their families and guests therein, out of appropriated funds.
Added by Laws 1971, c. 228, § 7, emerg. eff. June 12, 1971. Amended by Laws 1982, c. 132, § 1, operative Oct. 1, 1982; Laws 1985, c. 56, § 1, eff. Nov. 1, 1985.
§57-526. Repealed by Laws 1977, 1st Ex. Sess., c. 5, § 31, emerg. eff. June 21, 1977.
§57-527. Repealed by Laws 1981, c. 303, § 20, eff. July 1, 1981.
§57-528. Employees - Duties and compensation.
The Director of the Department of Corrections shall appoint and fix the duties and compensation of employees necessary to carry out the duties imposed upon the Department of Corrections by law. The State Board of Corrections shall appoint the Director of the Department of Corrections with the advice and consent of the Senate. The salary of the Director shall be set by the Legislature in the annual appropriation bill.
Added by Laws 1973, c. 221, § 4, emerg. eff. May. 24, 1973. Amended by Laws 1979, c. 246, § 3, emerg. eff. May. 31, 1979; Laws 1981, c. 340, § 18, eff. July 1, 1981; Laws 1987, c. 205, § 25, operative July 1, 1987.
§57-528.1. Additional sick leave benefits.
A. Whenever employees of the Department of Corrections are injured in the line of duty and have used all their sick leave, the Director of the Department of Corrections shall determine if the injured employee was actually injured in the line of duty and whether the injured employee should be granted additional sick leave because of the injury. The Director may advance the injured employee not more than an additional fortyfive (45) days' sick leave when necessary. Such sick leave advanced shall be accumulated back to the Department from the employee at the rate of five (5) days per year until the advanced number of days are repaid.
B. Such additional sick leave benefit shall be available to an employee, shall not be cumulative and shall be available for each separate injury incident.
Added by Laws 1982, c. 51, § 1, operative July 1, 1982.
§57-528.2. Limitations on additional sick leave benefits.
Workers' compensation and sick leave may not be drawn simultaneously.
Added by Laws 1982, c. 51, § 2, operative July 1, 1982.
§57-528.3. Repair and replacement of employee's personal property.
A. The Department of Corrections is authorized to repair or replace an employee's personal property if said personal property is damaged, destroyed or stolen by an offender while the employee is engaged in the performance of his duties. Any personal property repaired or replaced shall be comparable in kind, quality and cost. Reimbursement shall not duplicate insurance coverage carried by the employee in his individual capacity.
B. Provisions contained in subsection A of this section shall be applied to all claims filed after July 1, 1985.
Added by Laws 1988, c. 310, § 13, operative July 1, 1988.
§57-528.4. On-the-job safety and performance programs - Awards.
A. In order to establish a public employee benefit program to encourage safety in the workplace, the Department of Corrections is hereby directed to establish an on-the-job employee safety program which encourages work unit safety and reduces lost productivity and compensation costs. In order to promote job safety in work units and provide recognition for work units with exceptional or improving safety records, the Department of Corrections is authorized to expend from monies available in the Department of Corrections operating funds so much thereof as may be necessary for the purchase of recognition awards for presentation to the members of work units or individual employees with exceptional or improving safety records or for other significant contributions to achievement of safety-related goals. Recognition awards shall consist of distinctive wearing apparel, service pins, or U.S. Savings Bonds, the value of which shall not exceed One Hundred Dollars ($100.00) per employee, which recognize the safety achievement of the work unit or individual employees.
B. In order to establish a public employee benefit program to encourage outstanding performance in the workplace, the Department of Corrections is hereby directed to establish an on-the-job employee performance recognition program which encourages outstanding job performance and productivity. In order to promote excellence in job performance and provide recognition for work units with exceptional performance, the Department of Corrections is authorized to expend from monies available in the Department of Corrections operating funds so much thereof as may be necessary for the purchase of recognition awards for presentation to the members of work units or individual employees with exceptional job performance records or for other significant contributions to the operation of the Department. Recognition awards shall consist of distinctive wearing apparel, service pins, or U.S. Savings Bonds, the value of which shall not exceed One Hundred Dollars ($100.00) per employee, which recognize the achievement of the work unit or individual employees.
Added by Laws 1998, c. 120, § 1, eff. Nov. 1, 1998. Amended by Laws 1999, c. 38, § 1, eff. Nov. 1, 1999.
§57-528.5. Reimbursement for cost of commercial driver license.
A. The Department of Corrections is authorized to reimburse an employee of the Department of Corrections for any cost associated with initially obtaining or renewing a commercial driver license, if a commercial driver license is necessary for that employee's performance of official duties for the Department of Corrections.
B. Any employee who has received reimbursement pursuant to subsection A of this section may be required to reimburse the Department of Corrections a prorated amount of the cost of the commercial driver license upon leaving the employment of the Department of Corrections.
Added by Laws 1998, c. 221, § 1, eff. Nov. 1, 1998.
§57-528.6. Critical incidents - Paid administrative leave.
When an employee of the Department of Corrections has been exposed to, but not injured by, a critical work-related incident such as the death, injury or hostage-taking of another employee, the Director may, at the Director's discretion, place the employee on paid administrative leave for a period not to exceed three (3) working days or twenty-four (24) hours in a calendar year. The leave granted pursuant to this section shall not be charged to annual leave or sick leave.
Added by Laws 2001, c. 26, § 1, eff. July 1, 2001.
§57-529. Medical research program - Expenses.
The Department of Corrections is authorized to pay expenses incurred in carrying out the medical research program at the State Penitentiary from funds received pursuant to such research program. Provided, however, that any funds not expended in carrying out such research program can only be expended for goods, services, personnel and capital improvement at the State Penitentiary at McAlester, the McLeod Honor Farm, the Stringtown Subprison and the Granite Reformatory. Provided, further, that the Department of Corrections be permitted to receive federal funds that may be available from the Federal Omnibus Crime Act.
Added by Laws 1973, c. 221, § 7, emerg. eff. May 24, 1973.
§57-530. Receiving center for new prisoners.
It is the intent of the State Legislature that all new prisoners sentenced to the custody of the Department of Corrections will be processed through the Lexington Assessment and Reception Center or at a place determined by the Director of the Department of Corrections. The Department of Corrections shall administer physical and psychological examinations, inventory vocational skills, and assess educational and training needs. The Department of Corrections shall determine initial security and custody classifications, plan for immediate or possible future assignment to an institution, community treatment center or other alternative to incarceration authorized by law, provide orientation and instruction with respect to rules and procedures for prisoners, and perform other such activities deemed necessary by the Department of Corrections.
Added by Laws 1974, c. 285, § 10, emerg. eff. May 29, 1974. Amended by Laws 1978, c. 13, § 3, emerg. eff. Feb. 14, 1978; Laws 1993, c. 276, § 8, emerg. eff. May 27, 1993; Laws 1998, c. 89, § 7, eff. July 1, 1998.
§57-530.1. Assessment and reception of inmates - Duties of Department of Corrections.
A. The Department of Corrections, by the rules of that Department, shall have the following duties which shall be performed as part of the assessment and reception process of the Department of Corrections, upon reception of each inmate:
1. To administer, or cause to be administered, physical and psychological examination of all inmates, including any requirement to collect biological samples for DNA testing pursuant to Section 991a of Title 22 of the Oklahoma Statutes and Section 150.27a of Title 74 of the Oklahoma Statutes, or other provision of law;
2. To identify the vocational-technical skills of all inmates. The information shall be noted on and made a part of the record for each inmate;
3. To assess the educational and training needs of all inmates;
4. To determine from available records and interviews, the place of birth of new inmates. The Department of Corrections shall furnish a list of foreign-born nationals and suspected foreign-born nationals to the Immigration and Naturalization Service on a weekly basis;
5. To determine initial security and custody classifications;
6. To determine and recommend for placement in an alcohol or substance abuse treatment facility or program, as provided for in this section, any inmate convicted of alcohol related offenses or otherwise in need of alcohol or substance abuse treatment;
7. To determine and recommend for placement in the Department of Corrections Special Care Unit at the State Penitentiary at McAlester any inmate who is in need of acute psychiatric care;
8. To plan for immediate assignments to institutions, community treatment centers, alcohol or substance abuse treatment centers or programs, alternatives to incarceration authorized by law, or other facilities, public or private, designated by the Department;
9. To recommend possible future assignments to institutions, community treatment centers, alcohol or substance abuse treatment centers or programs, alternatives to incarceration authorized by law, or other facilities designated by the Department;
10. To provide orientation and instruction with respect to rules and procedures for prisoners; and
11. To obtain all relevant juvenile court records and relevant Department of Juvenile Justice agency records, if any, pertaining to inmates and make said records a part of the permanent record maintained by the Department of Corrections regarding the inmate. The information contained in those records shall be used to determine security level and placement of inmates.
B. An alcohol or substance abuse treatment center in which an inmate is placed shall provide services and standards of treatment as provided by the Department of Mental Health and Substance Abuse Services under its rules for alcoholism or substance abuse treatment. Upon placement of a prisoner in a center for alcoholism or substance abuse treatment, the Department of Corrections shall enter into a third party contract with such center for the custodial and professional services rendered to any prisoner. Such contract may include requirements imposed by law on the Department of Corrections or reimbursement for such services, if necessary. The Department of Corrections is further authorized to enter into third party contracts for substance abuse treatment programs which are certified by the Department of Mental Health and Substance Abuse Services to provide professional services on an outpatient basis to prisoners in need of substance abuse treatment and follow-up treatment while assigned to alternatives to incarceration.
C. The Department of Juvenile Justice shall allow reasonable access to its database for the purpose of obtaining the juvenile records required by subsection A of this section.
D. The Department of Corrections shall adopt rules governing the implementation of this section.
Added by Laws 1978, c. 246, § 1, eff. Oct. 1, 1978. Amended by Laws 1990, c. 51, § 119, emerg. eff. April 9, 1990; Laws 1990, c. 245, § 1, emerg. eff. May 21, 1990; Laws 1990, c. 337, § 26; Laws 1993, c. 276, § 9, emerg. eff. May 27, 1993; Laws 1996, c. 168, § 2, eff. July 1, 1996; Laws 1997, c. 293, § 40, eff. July 1, 1997; Laws 1998, c. 238, § 2, eff. Nov. 1, 1998; Laws 2004, c. 143, § 2, eff. Nov. 1, 2004; Laws 2005, c. 441, § 3, eff. Jan. 1, 2006.
§57-530.2. Designating persons to receive personal property of deceased.
Within three (3) days after entry into the custody of the Department of Corrections, every inmate shall complete a notarized form provided by the Department of Corrections designating the name and address of any person who is to receive the personal property of the inmate held by any state correctional facility if the inmate dies. Each inmate shall have the opportunity to change said designation if he desires. In the event of the death of an inmate, the Department of Corrections shall deliver all money and personal property found within any state correctional facility belonging to the inmate to any person designated pursuant to the provisions of this section.
Added by Laws 1983, c. 149, § 1, emerg. eff. May 26, 1983.
§57-530.3. Aliens in custody of Department of Corrections - Identification - Assistance to the United States Department of Justice.
It is the intent of the Legislature that the Department of Corrections vigorously provide assistance to the United States Department of Justice:
1. For the identification of foreign-born nationals who are in the custody of the Department of Corrections;
2. In conducting interviews of and processing foreign-born nationals or suspected foreign-born nationals who are in the custody of the Department of Corrections; and
3. In conducting and completing the deportation process of inmates whom the United States Department of Justice determines to be aliens deportable from the United States. The Department of Corrections shall assist the Immigration and Naturalization Service in obtaining court certified copies of any records requested for use in official criminal or administrative proceedings.
The Department of Corrections shall implement rules for the determination of the place of birth of all inmates in the custody of the Department. This determination shall be completed by January 1, 1997. Upon completion of this determination, the Department of Corrections shall report to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives how many inmates in the custody of the Department are not citizens of the United States. The Department of Corrections shall submit updated reports to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives on a quarterly basis.
The Department of Corrections shall also implement rules for the notification of the Immigration and Naturalization Service of the identity of all inmates in the custody of the Department of Corrections who are foreign-born nationals or that the Department of Corrections suspects are foreign-born nationals. The Department of Corrections shall convene a working group and include the Immigration and Naturalization Service in the formulation of rules for implementation of this section.
Added by Laws 1996, c. 168, § 3, eff. July 1, 1996.
§57-531. Disposition of monies derived from inmate work release program - Transfer of funds in Work Release Centers Revolving Fund.
Beginning July 1, 1983, all monies received by the Department for institutional care from wages earned by inmates while participating in the work release program shall be deposited in the State Treasury to the credit of the Department of Corrections Revolving Fund, and expenditures for operations of the work release centers may be made from said fund. On July 1, 1983, any cash remaining in the Work Release Centers Revolving Fund in excess of allotment balances or encumbrances for the fiscal year ending June 30, 1983, shall be transferred to the Department of Corrections Revolving Fund and on November 15, 1983, all cash remaining in the Work Release Centers Revolving Fund shall be transferred to the Department of Corrections Revolving Fund.
Added by Laws 1974, c. 285, § 13, emerg. eff. May. 29, 1974. Amended by Laws 1979, c. 47, § 32, emerg. eff. April 9, 1979; Laws 1983, c. 266, § 13, operative July 1, 1983.
§57-532. Repealed by Laws 1975, c. 325, § 25, operative July 1, 1975.
§57-533. Centralized food buying.
The Director of the Department of Corrections will develop and promulgate a policy that will centralize, at the Department of Corrections, the procurement of all items of food supplies, other than fresh food local buys, for all institutions within the Department of Corrections.
Added by Laws 1975, c. 325, § 4, emerg. eff. June 12, 1975.
§57-534. Repealed by Laws 1976, c. 244, § 20, emerg. eff. June 17, 1976.
§57-534.1. Repealed by Laws 1977, 1st Ex. Sess., c. 5, § 31, emerg. eff. June 21, 1977.
§57-535. Filling of a designated grade in next lower grade.
Where there is more than one grade within a specific occupational class, as authorized in Section 11 of this act, the Director of the Department of Corrections, each warden or each superintendent is authorized to fill a designated grade in the next lower authorized grade, provided the total number of employees in the specific occupational class does not exceed the total number of employees authorized for all grades of that specific occupational class.
Added by Laws 1975, c. 325, § 18, emerg. eff. June 12, 1975.
§57-536. Repealed by Laws 1981, c. 340, § 28, eff. July 1, 1981.
§57-537. Board of Directors for canteen services - Operating procedures.
A. There shall be established a Board of Directors for all canteen services within the Department of Corrections. The members of the Board shall be appointed by the Director of the Department of Corrections. All canteen operations shall be under the control of the Board and shall operate pursuant to written guidelines established by the Board. The overall canteen operation shall be selfsupporting.
B. Each correctional facility may have a canteen. The directors of each canteen shall be the facility head and two directors appointed by the facility head. The business manager shall act as custodian of canteen funds and shall make daily deposits of cash receipts in an agency special account approved by the Special Agency Account Board. Canteen funds may be transferred from one canteen fund special account to another canteen fund special account upon an affirmative vote by the Board of Directors. All disbursements made from the account shall be by voucher signed by two of the directors of the canteen. Documentation of each disbursement shall be kept on permanent file at each institution. Accounting procedures in accordance with state fiscal accounting procedures shall be followed in administering canteen funds. All profits from the canteen operations shall be used exclusively for the benefit of the inmates of the various institutions and personnel of the Department of Corrections as determined by the canteen Board of Directors pursuant to subsection A of this section.
C. Employees utilized in the operation of the canteen services at each institution shall be state employees. Inmates may work in the canteen operations. Reimbursement for said work shall be accomplished through the institution incentive pay program.
D. The operations of the canteen service shall be the subject of an annual audit by the Office of the State Auditor and Inspector. Reports of the audit shall be provided to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Legislative Service Bureau, the Department of Corrections, and to the warden of the concerned institution.
E. Merchandise for resale purchased and sold through a correctional facilities' canteen as established in this section shall be exempted from the provisions of the Oklahoma Central Purchasing Act.
Added by Laws 1975, c. 325, § 20, emerg. eff. June 12, 1975. Amended by Laws 1979, c. 30, § 91, emerg. eff. April 6, 1979; Laws 1980, c. 210, § 9, eff. Oct. 1, 1980; Laws 1981, c. 89, § 1, emerg. eff. April 20, 1981; Laws 1981, c. 272, § 10, eff. July 1, 1981; Laws 1983, c. 117, § 1, eff. Nov. 1, 1983; Laws 1985, c. 319, § 9, operative Oct. 1, 1985; Laws 1986, c. 314, § 8, operative July 1, 1986; Laws 1987, c. 205, § 26, operative July 1, 1987; Laws 1998, c. 282, § 5, eff. Sept. 1, 1998.
§57-538. Vocational-technical education policies and programs.
A. The Department of Human Services, through the State Department of Rehabilitation Services, and the State Board of Career and Technology Education shall implement policies and programs consistent with available funds and applicable federal statutes, rules and regulations, to provide appropriate education, rehabilitation and vocationaltechnical training for persons in custody of the Department of Corrections who are candidates for work release programs, parole or release. It is the intent of the Oklahoma Legislature that such programs will be available so that said education and training will reasonably be expected to be completed before parole, release or work release begins.
B. The Department of Corrections shall work cooperatively with the State Department of Rehabilitation Services and the State Board of Career and Technology Education to provide suitable candidates to allow reasonable cost effectiveness in the operation of said education, rehabilitation and training programs. This shall be accomplished through development of a method for screening and classification of persons in all facilities operated by the Department of Corrections, such screening and classification to be done cooperatively with the above named agencies.
Added by Laws 1975, c. 325, § 21, emerg. eff. June 12, 1975. Amended by Laws 2001, c. 33, § 42, eff. July 1, 2001.
§57-539. Administrative actions.
The Director of the Department of Corrections will within thirty (30) days of the effective date of this act:
1. Establish and implement a classification program that will insure the maximum utilization, by qualified inmates, of the vocational training facilities that exist within designated institutions;
2. Establish a system of identifying the current vocational-technical job skills of inmates upon reception at the Lexington Assessment and Reception Center and any other place of reception;
3. Establish a system of assigning inmates with vocational-technical job skills in lieu of using outside contractors for internal projects or repairs; and
4. Establish a system of internal periodic audits that will encompass all items of equipment, supplies, materials, livestock and poultry, purchased or produced, within the Department of Corrections and its institutions. Audits shall also include all continuing and special funds and special accounts. The State Auditor and Inspector shall conduct an annual audit of all such areas of accountability.
Added by Laws 1975, c. 325, § 22, emerg. eff. June 12, 1975. Amended by Laws 1979, c. 30, § 92, emerg. eff. April 6, 1979; Laws 1998, c. 238, § 3, eff. Nov. 1, 1998.
§57-539.1. Methods for selection of vocational or vocational-technical programs offered to inmates.
The Department of Corrections, the State Department of Rehabilitation Services and the State Board of Career and Technology Education shall use the following priorities and methods of selection when implementing any program for persons in custody of the Department of Corrections:
1. The assistance of the Oklahoma Department of Career and Technology Education or a technology center school within the State of Oklahoma;
2. The assistance of a private vocational or vocational-technical school within the State of Oklahoma;
3. The assistance of a public university, college or junior college located within the State of Oklahoma;
4. The assistance of a private university or college located within the State of Oklahoma;
5. The assistance of a private firm located within the State of Oklahoma; and
6. The assistance from any entity, public or private, located outside the State of Oklahoma.
Added by Laws 1991, c. 105, § 1, emerg. eff. April 25, 1991. Amended by Laws 1991, c. 307, § 5, emerg. eff. June 4, 1991; Laws 1993, c. 364, § 17, emerg. eff. June 11, 1993; Laws 2001, c. 33, § 43, eff. July 1, 2001.
§57-540. Repealed by Laws 1977, 1st Ex. Sess., c. 5, § 31, emerg. eff. June 21, 1977.
§57-541. Industries Revolving Fund.
A. There is hereby created in the State Treasury an Industries Revolving Fund for the Department of Corrections.
B. The revolving fund shall consist of earnings derived from prison industries operated by the Department of Corrections and from that portion of the prisoner's income apportioned and paid into the prison system to recover the cost of incarceration of the prisoners as provided by law. Funds derived from prisoner wages shall be maintained and accounted for separately in this fund. The Industries Revolving Fund shall be a continuing fund, not subject to fiscal year limitations, and shall be under the control and management of the State Board of Corrections.
C. Expenditures from the Industries Revolving Fund shall be budgeted and expended pursuant to the laws of the state and the statutes relating to public finance and to the institution. The fund may be used to purchase, maintain and repair machinery, to purchase materials and supplies for the prison industries and to defray any other expenses necessary to operation of the industries, with first priority being given to repairs, replacement and modernization of industrial or agricultural machinery or equipment. These funds may also be used to support the overall operation of the Department of Corrections, provided however, no funds shall be used for purposes other than prison industries, except pursuant to legislative appropriation. Expenditures from the fund derived from prisoner's income may be used for the maintenance of prisoners in prison institutions and all expenses related thereto under such rules as may be established by the State Board of Corrections. Warrants for expenditures from the Industries Revolving Fund shall be based on claims signed by an authorized employee or employees of the Department, and approved for payment by the Director of State Finance. The Department shall maintain a separate accounting of receipts and expenditures for each industry for periodic review by the Legislature. The fund may not be used to employ personnel in excess of those authorized by legislative action.
D. All funds in the Department of Corrections' Industries Revolving Funds not encumbered or obligated upon the operative date of this section shall be transferred to a single Industries Revolving Fund of the Department of Corrections.
E. The Administrator of Industrial Production will determine the prices of all goods produced through the state prison industries and the Administrator of Agri-Services will determine the prices of all goods produced by Agri-Service units. These prices will be filed with the Budget Office.
When industrial or agricultural items or products are furnished to the institutions of the Department, or sold to other governmental agencies, payment therefor shall be made within thirty (30) days for deposit in the revolving account to be used in purchasing expendable items, raw materials or other items needed to produce additional such products or items, and for such other purposes as are authorized by law. The Administrator of Industrial Production or Administrator of Agri-Services may establish higher prices for sale of products to governmental agencies, according to the current market value of each product.
F. The Department of Corrections is authorized to pay inmates for productive work in accordance with policies set by the Board of Corrections. The Board of Corrections shall certify the positions to be paid and the rate of pay in accordance with the responsibilities and skills required for the position. The Department of Corrections shall develop policies for payment of inmates in the Industries Program that promote productivity as well as compensate for responsibilities and skills. The Department shall file such policy statements with the Chairmen of the appropriate committees of both the Senate and the House of Representatives as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. Any change in this policy by the Board of Corrections may be voided by legislative action to rescind such policy.
Added by Laws 1975, c. 325, § 24, operative July 1, 1975. Amended by Laws 1976, c. 219, § 3; Laws 1977, c. 78, § 1, eff. Oct. 1, 1977; Laws 1979, c. 47, § 33, emerg. eff. April 9, 1979; Laws 1979, c. 254, § 20, emerg. eff. June 5, 1979; Laws 1981, c. 272, § 11, eff. July 1, 1981; Laws 1981, c. 303, § 11, eff. July 1, 1981; Laws 2000, c. 106, § 1, eff. July 1, 2000; Laws 2002, c. 131, § 3, emerg. eff. April 24, 2002; Laws 2002, c. 335, § 3, eff. July 1, 2002.
§57-542. Repealed by Laws 1990, c. 180, § 2, eff. Sept. 1, 1990.
§57-543. Work release centers - Establishment and operation.
The Department of Corrections, if authorized by the Legislature, may establish and operate work release centers or community treatment centers, under appropriate statutory authority, and in accordance with rules and regulations as promulgated by the Board of Corrections.
Added by Laws 1976, c. 163, § 5, emerg. eff. June 1, 1976.
§57-543.1. Employment of inmates during strikes and labor disputes.
Inmates employed through a work release program under the Division of Community Services of the Department of Corrections shall not report to work if a strike occurs at their place of employment. Inmates shall not be hired by any employer to replace any employee engaged in a strike or negotiation or arbitration involving a labor dispute.
Added by Laws 1980, c. 66, § 1, emerg. eff. April, 10, 1980.
§57-544. Repealed by Laws 1977, c. 119, § 3, eff. Oct. 1, 1977.
§57545. Employment of inmates Claims against inmates.
A. Any inmate employed by any prison industry shall be subject to all rules established for his employment by the State Board of Corrections and to all statutes governing the operation of state prison industries as well as by all laws generally governing employment, wages and working conditions except as provided for herein.
B. Inmates employed by prison industries are not state employees, and they are specifically forbidden from organizing into unions or other associations in connection with their employment or from engaging in any strike, work stoppage, slowdown or collective bargaining process. This prohibition applies to any inmates forming a union local or similar organization at any prison industry but it shall not prohibit any inmate from otherwise achieving or retaining status as a union member.
C. The claims of the state against an inmate to cover the costs of incarceration of an inmate shall be prior to the unsecured claims of any creditor.
D. The employment of any inmate by any prison industry is a privilege granted by the state which may be revoked by the Director of the Department of Corrections.
E. As used in subsection C of this section, "costs of incarceration" shall include all costs associated with maintaining an inmate in the custody of the Department of Corrections and shall include costs paid by the state for medical care for the inmate.
Added by Laws 1977, c. 119, § 1, eff. Oct. 1, 1977. Amended by Laws 1993, c. 111, § 1, eff. Sept. 1, 1993.
§57-546. Repealed by Laws 1990, c. 4, § 1, emerg. eff. March 29, 1990.
§57-547. Repealed by Laws 1990, c. 4, § 1, emerg. eff. March 29, 1990.
§57-548. Repealed by Laws 1990, c. 4, § 1, emerg. eff. March 29, 1990.
§57-549. Powers and duties of State Board of Corrections - Operation of prison industries - Administration of inmate trust funds.
A. The State Board of Corrections shall have the following powers and duties with respect to the operation of prison industries, the Construction Division, and administration of inmate trust funds:
1. The power to make leases or other contracts consistent with the operation of prison industries, and to set aside land or facilities for the use of such industry;
2. The power to establish conditions for expenditures by the Department of Corrections from the Industries Revolving Fund;
3. The power to negotiate wages and working conditions on behalf of prisoners working in prison industries or prisoners working in the Construction Division. Pay grades for the Construction Division "on-the-job training" inmate crews shall be as follows:
a. Pay Grade "A" - Inmate Worker,
b. Pay Grade "B" - Inmate Worker,
c. Pay Grade "C" - Apprentice,
d. Pay Grade "D" - Skilled Craft;
4. The power to collect wages on behalf of the inmate, to apportion inmate wages in accordance with the law; and the duty to preserve those wages reserved for the inmate in an account for his or her benefit, and to establish procedures by which the inmate can draw funds from this account under the conditions and limitations and for the purposes allowed by law;
5. The duty to establish the percentages of such wages which shall be available for apportionment to inmate savings; to the inmate for his or her personal use; to the lawful dependents of the inmate, if any; to the victim of the inmate's crime; for payment of creditors; for payment of costs and expenses for criminal actions against such inmate; and to the Department of Corrections for costs of incarceration. Provided, that not less than twenty percent (20%) of such wages shall be placed in an account, payable to the prisoner upon his or her discharge or upon assignment to a prerelease program. Funds from this account may be used by the inmate for fees or costs in filing a civil or criminal action as defined in Section 151 et seq. of Title 28 of the Oklahoma Statutes or for federal action as defined in Section 1911 et seq. of Title 28 of the United States Code, 28 U.S.C., Section 1911 et seq.; and
6. The power to invest funds held by the Department of Corrections on behalf of each inmate in an interest-bearing account with the interest accruing and payable to the Crime Victims Compensation Fund, as provided in Section 142.17 of Title 21 of the Oklahoma Statutes. The interest from each inmate's savings account shall be payable to the Crime Victims Compensation Fund, at such intervals as may be determined by the Board, in addition to any other payments to such fund required by the inmate's sentence or otherwise by law. An inmate shall not have the right, use or control of any interest derived from any funds placed in a mandatory savings account.
B. The State Board of Corrections shall cause to be placed in an account income from the inmate's employment and any other income or benefits accruing to or payable to and for the benefit of said inmate, including any workers' compensation or Social Security benefits.
1. From this account the State Board of Corrections may charge for costs of incarceration any inmate working in private prison industries or any other inmate for costs of incarceration not to exceed fifty percent (50%) of any deposits made to said account, unless said deposits were from a workers' compensation benefit.
2. From this account, the State Board of Corrections may charge any inmate for costs of incarceration, an amount equivalent to one hundred percent (100%) of any deposits from a workers' compensation benefit to said account.
3. The Department of Corrections shall pay into the Crime Victims Compensation Revolving Fund, Section 142.17 of Title 21 of the Oklahoma Statutes, an amount equal to five percent (5%) of the gross wages earned by inmates working in a private prison industries program, said amount to be paid from the amount deducted for cost of incarceration.
4. Withdrawals and deposits shall be made according to rules and regulations established by the State Board of Corrections.
C. The Department of Corrections may assess costs of incarceration against all inmates beginning on September 1, 1992. Such costs shall be a debt of the inmate owed to the Department of Corrections and may be collected as provided by law for collection of any other civil debt. In addition to the provisions of this section authorizing expenditure of inmate trust funds for costs of incarceration, any monies received for costs of incarceration shall be deposited in the Department of Corrections Revolving Fund.
Added by Laws 1977, c. 258, § 5, eff. Oct. 1, 1977. Amended by Laws 1981, c. 100, § 1, emerg. eff. April 22, 1981; Laws 1985, c. 57, § 2, eff. Nov. 1, 1985; Laws 1990, c. 180, § 1, eff. Sept. 1, 1990; Laws 1991, c. 95, § 1, eff. Sept. 1, 1991; Laws 1992, c. 319, § 5, eff. Sept. 1, 1992; Laws 1993, c. 29, § 2, emerg. eff. April 2, 1993; Laws 1995, c. 266, § 4, emerg. eff. May 25, 1995; Laws 1996, c. 166, § 2, eff. July 1, 1996; Laws 2004, c. 168, § 9, emerg. eff. April 27, 2004; Laws 2005, c. 159, § 3, emerg. eff. May 10, 2005.
NOTE: Laws 2004, c. 168, § 18, providing for an effective date of Nov. 1, 2004, was repealed by Laws 2004, c. 382, § 4, emerg. eff. June 3, 2004.
§57-549.1. Purchase of prison industries goods and services.
A. The Department of Corrections is authorized to purchase in the manner prescribed by law, facilities, equipment, raw materials and supplies, and to engage the supervisory personnel necessary to establish and maintain for this state at the penal institutions, now or hereafter under the control of the State Board of Corrections, industries and agricultural programs for the utilization of services of prisoners in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance or use of any office, department, institution or agency supported in whole or in part by this state and the political subdivisions thereof.
B. All articles and services provided by the Department of Corrections in the state correctional institutions, and not required for use therein, shall be purchased as required by all offices, departments, institutions, agencies, counties, schools, colleges, universities, or political subdivisions or any agency thereof of this state which are supported in whole or in part by this state, if such article or service is the lowest and best bid, and no such article or product may be purchased by any such office, department, institution, agency, county, school, college, university, or political subdivisions or agency thereof from any other source unless excepted from the provisions as hereinafter provided. Purchases made by the above-described state agencies may be made by submitting the proper requisition through the Office of Public Affairs or by direct order to the prison industries program of the Department of Corrections.
C. If a requisition is received by the Office of Public Affairs or a direct order is received by the Prison Industries Program of the Department of Corrections from a state agency for any product or service provided by the Department of Corrections and such product or service is also available from a severely handicapped person or a qualified nonprofit agency for the severely handicapped as provided in Sections 3001 et seq. of Title 74 of the Oklahoma Statutes at a comparable price, then the product or service shall be purchased from such severely handicapped person or qualified nonprofit agency for the severely handicapped. If the product or service is not available within the time period required by the purchasing state agency, then such product or service shall be purchased from the Department of Corrections under the provisions of this section.
D. All counties, cities, districts or political subdivisions, schools, colleges, or universities, or any agency thereof, which are supported in whole or in part by this state, may purchase the goods or services produced by the prison industries of the Department of Corrections through their properly authorized purchasing authority, or they may place a direct order without competitive bid, with the prison industries of the Oklahoma Department of Corrections.
E. Not-for-profit corporations or charitable agencies chartered in Oklahoma or other states may purchase such goods and services. Units of the federal government and units of government in other states may also purchase such goods and services. All entities which contract with the state, its political units, its agencies, its public institutions, not-for-profit corporations or charitable agencies chartered in Oklahoma may purchase goods or services from the Department of Corrections which are used in the performance of such contracts. Any church located in the State of Oklahoma may also purchase goods and services produced by the prison industries of the Department of Corrections. Nothing shall prohibit the Department from bidding on portions of a state contract which are subcontracted by the primary contractor.
F. Others are prohibited from purchasing such goods and services, with the exception that all surplus agricultural products may be sold on the open market or bartered and exchanged for other food, feed or seed products of comparable value. The Department of Corrections shall keep complete and accurate records of any such barters or exchanges in such form and manner as the Office of Public Affairs may prescribe. A copy of such records shall be filed with the Office of Public Affairs no later than March 1 of each year for all barters or exchanges occurring in the previous calendar year.
G. Products manufactured by the Department of Corrections shall be of styles, patterns, designs and quantities specified by the Department of Corrections except where the same have been or may be specified by the Office of Public Affairs. Products shall be provided at a fair market price for comparable quality.
H. State agencies shall make maximum utilization of such products and no similar products shall be purchased by state agencies from any other source than the Department of Corrections except as provided in subsection C of this section, unless the Department of Corrections certifies to the Central Purchasing Director that it is not able to provide products, and no claim therefor shall be paid without such certification.
I. Exceptions from the mandatory provisions hereof may be made in any case where, in the opinion of the Office of Public Affairs, the article or product does not meet the reasonable requirements of or for such offices, departments, institutions or agencies, or in any case where the requisitions made cannot be reasonably complied with. No such offices, departments, institutions or agencies, shall be allowed to evade the intent and meaning of this section by slight variations from standards adopted by the Office of Public Affairs, when the articles, services or products produced or manufactured by the Oklahoma Department of Corrections, in accordance with established standards, are reasonably adapted to the actual needs of such offices, departments, institutions or agencies.
J. In the event of disagreement between the Department of Corrections and the Central Purchasing Director on fairness of price, ability to comply to specifications, reasonableness of specifications and timeliness of delivery of products the matter will be resolved by the Director of Public Affairs.
K. The Office of Public Affairs shall cooperate with the Department of Corrections in seeking to promote for use in state agencies and by all other eligible customers, the products manufactured and services provided by the prison industries.
L. The Department of Corrections shall prepare catalogs containing the description of all goods and services provided, with the pricing of each item. Copies of such catalog shall be sent by the Department of Corrections to all offices, departments, institutions and agencies of this state, and shall be available for distribution to all other eligible customers.
Added by Laws 1983, c. 53, § 1, emerg. eff. April 26, 1983. Amended by Laws 1984, c. 159, § 1, eff. Nov. 1, 1984; Laws 1992, c. 77, § 1, eff. July 1, 1992; Laws 2003, c. 59, § 1, emerg. eff. April 10, 2003.
§57-549.2. Oklahoma Prison Industry Marketing Development Advisory Task Force.
A. 1. There is hereby created until July 1, 2007, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Prison Industry Marketing Development Advisory Task Force for the purpose of collaborative research, planning and the providing of information to the Legislature and cooperative marketing associations desiring to make investments into and create and design joint ventures for the development and advancement of the production, processing, handling and marketing of products grown, made or manufactured within correctional settings.
2. The Advisory Task Force shall consist of a representative from each of the following organizations or state agencies selected by that organization or agency:
a. the State Department of Agriculture,
b. the Department of Commerce,
c. Oklahoma State University,
d. Oklahoma University,
e. the Oklahoma Center for the Advancement of Science and Technology,
f. the Oklahoma Department of Career and Technology Education,
g. the State Department of Corrections,
h. two appointees selected by the Speaker of the House of Representatives,
i. two appointees selected by the President Pro Tempore of the Senate, and
j. two appointees selected by the Governor.
At all times the membership of the Advisory Task Force shall have represented on it at least one member well-versed in each of the following areas: agricultural economics, marketing, business and finance, and production.
3. Each member of the Advisory Task Force initially appointed shall make his appointment known to the Director of the Department of Agriculture and the Director of the Department of Commerce by August 1, 1996.
4. Any vacancies in the appointive membership of the Advisory Task Force shall be filled in the same manner as the original appointment.
B. Within fifteen (15) days from the initial appointment of membership for the Advisory Task Force, the Director of the Department of Agriculture and the Director of the Department of Commerce shall each appoint one member of the Advisory Task Force to serve as cochairs. If a vacancy occurs in such office, a new cochair shall be appointed from the Advisory Task Force in the same manner as the original appointment.
C. Other officers may be elected to serve the Advisory Task Force for terms of office as may be designated by the Advisory Task Force members. The cochairs of the Advisory Task Force or their designees shall preside at meetings.
D. The Advisory Task Force may meet at such times as may be set by the cochairs of the Advisory Task Force.
E. Members of the Advisory Task Force shall receive no salary; however, all members of the Advisory Task Force may be reimbursed for their actual and necessary travel expenses as follows:
1. Advisory Task Force members employed by the state shall be reimbursed by their respective employing agency pursuant to the State Travel Reimbursement Act; and
2. Any other Advisory Task Force member may receive reimbursement from their appointing authority.
F. A majority of the members appointed to the Advisory Task Force shall constitute a quorum and a majority present may act for the Advisory Task Force.
G. The powers and duties of the Advisory Task Force are to:
1. Conduct a study of the process and procedures for creating and designing joint ventures for industrial and agricultural production within correctional settings;
2. Provide information to the Legislature relating to the design and creation of agricultural and industrial joint ventures within correctional settings and funding sources for such ventures; and
3. Work with municipalities, industries, state agencies and other political subdivisions of this state, other states, the federal government, schools of higher education and any other entity to determine areas of need for the development or expansion of agricultural and industrial joint ventures within correctional settings.
H. The Advisory Task Force shall provide a written progress report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives on or before March 1 of each year.
I. The Department of Agriculture and the Department of Commerce shall provide staff assistance to the Advisory Task Force as necessary to assist the Advisory Task Force in the performance of its duties.
Added by Laws 1996, c. 165, § 1, eff. July 1, 1996. Amended by Laws 2001, c. 33, § 44, eff. July 1, 2001; Laws 2001, c. 414, § 7, eff. Aug. 23, 2001.
NOTE: Laws 2001, c. 12, § 1 repealed by Laws 2001, c. 414, § 15, eff. Aug. 23, 2001.
§57-550. Designation of persons to act on behalf of Board of Corrections.
In exercising the powers and duties granted to the Board of Corrections under this act, the Board is hereby authorized to designate such person or persons as it may deem necessary to perform those functions on its behalf.
Added by Laws 1977, c. 258, § 6, eff. Oct. 1, 1977.
§57-551. Transfer of personnel spaces and funds.
The State Employment Review Board, by majority vote, is authorized to determine and approve the transfer of personnel spaces and associated salary limits, and the transfer of funds necessary to support such transferred personnel spaces, within the Department of Corrections and its various institutions as may be deemed essential to the proper functioning and management of these agencies. The transfer of funds accomplished by the Board shall be exempt from the provisions of Section 41.12 of Title 62 of the Oklahoma Statutes.
Added by Laws 1977, 1st Ex.Sess., c. 5, § 9, emerg. eff. June 21, 1977.
§57-552. Referral of inmates to Pardon and Parole Board.
The Department Classification Committee shall have the authority to refer inmates, upon reception, to the Pardon and Parole Board under written rules and regulations governing such referrals promulgated by said Board. The Department Classification Committee shall seek to recommend prisoners requiring alcoholism treatment services to alcoholism treatment centers as a condition of a medical leave or parole. If a prisoner requiring such services is indigent, such services shall be provided by the Department of Mental Health and Substance Abuse Services.
Added by Laws 1977, 1st Ex.Sess., c. 5, § 10, emerg. eff. June 21, 1977. Amended by Laws 1987, c. 156, § 8, eff. Nov. 1, 1987; Laws 1990, c. 51, § 120, emerg. eff. April 9, 1990.
§57-553. Repealed by Laws 2002, c. 53, § 2, eff. Nov. 1, 2002.
§57-554. Repealed by Laws 1978, c. 273, § 23, emerg. eff. May 10, 1978.
§57-555. Purchase of utility easements.
The Department of Corrections may purchase utility easements for the purpose of constructing utility lines from penal institutions to supply lines of utility service providers when funds are available for that purpose.
Added by Laws 1977, 1st Ex.Sess., c. 5, § 21, emerg. eff. June 21, 1977.
§57-556. Lease of residences near penal institutions.
The Department of Corrections may lease residences near penal institutions for wardens, deputy wardens, superintendents and assistant superintendents of such institutions as needed and may buy the option to purchase said residences. The cost of the lease and the option to purchase shall be paid from operating funds of the using institution or the Department of Corrections.
Added by Laws 1977, 1st Ex.Sess., c. 5, § 22, emerg. eff. June 21, 1977.
§57-557. Department of Corrections Revolving Fund.
A. There is hereby created in the State Treasury a revolving fund for the Department of Corrections to be known as the Department of Corrections Revolving Fund. This revolving fund shall consist of monies received by each institution of the Department as reimbursements for noninmate individual food consumption; reimbursements from other state agencies and entities of government; receipts from sale of excess byproducts, excess property, and salvage items; receipts from other ancillary services of the institution, not otherwise provided by law; receipts from the fees provided for in Sections 982 and 991d of Title 22 of the Oklahoma Statutes; monitoring fees for electronically monitored home detention; receipts from the fees provided for in Section 153 of Title 28 of the Oklahoma Statutes for convictions for driving under the influence of alcohol or other intoxicating substance; monies received for providing primary health care and outpatient services to prisoners in county jails; receipts by the Department for institutional care from wages earned by inmates while participating in the work release program; funds for prison rodeos and other special events; and any other receipts accruing to the credit of the Department of Corrections which are not directed by law to be deposited in another fund. Expenditures from said fund shall be for the general operating expenses of the Department of Corrections.
B. The Department of Corrections Revolving Fund shall also consist of those monies that are transferred to it by the Department of Corrections from the Industries Revolving Fund of the Department of Corrections for purposes as provided for in Section 541 of this title and expenditures shall be in accordance therewith. On July 1, 1983, any cash remaining in the Department of Corrections Industries Subsidiary Revolving Fund in excess of allotment balances or encumbrances for the fiscal year ending June 30, 1983, shall be transferred to the Department of Corrections Revolving Fund and on November 15, 1983, all cash remaining in the Department of Corrections Industries Subsidiary Revolving Fund shall be transferred to the Department of Corrections Revolving Fund.
C. The fund created by subsection A of this section shall be a continuing fund, under the control of the administrative authority of the Department of Corrections, and not subject to fiscal year limitations. Expenditures shall be made pursuant to the laws of the state and the statutes relating to the Department of Corrections and its institutions, and without legislative appropriation. Warrants for expenditures from said revolving fund shall be based on claims signed by an authorized employee or employees of the Department of Corrections and approved for payment by the Director of State Finance.
Added by Laws 1978, c. 273, § 15, emerg. eff. May 10, 1978. Amended by Laws 1980, c. 315, § 7, eff. July 1, 1980; Laws 1983, c. 266, § 14, operative July 1, 1983; Laws 1992, c. 382, § 9, emerg. eff. June 9, 1992; Laws 1993, c. 10, § 5, emerg. eff. Mar. 21, 1993.
NOTE: Laws 1992, c. 319, § 6 repealed by Laws 1993, c. 10, § 16, emerg. eff. Mar. 21, 1993.
§57-557.1. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff. July 1, 1999.
§57-557.2. Oklahoma Community Sentencing Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Community Sentencing Division within the Department of Corrections to be designated the "Oklahoma Community Sentencing Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all funds appropriated to it by the Legislature, grants, gifts, bequests and any other lawful money received for the benefit of the statewide community sentencing system. All funds received shall be deposited to the fund. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Division for state funding to approved community sentencing systems established pursuant to the provisions of the Oklahoma Community Sentencing Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 25, eff. July 1, 1999.
§57-558. Repealed by Laws 1991, c. 291, § 22, eff. July 1, 1991.
§57-559. Disposition of monies received for prison rodeos and other special events - Transfer of funds in Department of Corrections Rodeo and Special Events Revolving Fund.
Beginning July 1, 1983, all monies received by the Department for prison rodeos and other special events for inmates shall be deposited in the State Treasury to the credit of the Department of Corrections Revolving Fund and expenditures for prison rodeos, and other special events for inmates shall be made from said fund. The Board may also authorize expenditures from said fund for inmate recreation if said expenditures are in excess of the amount required to support special events and the prison rodeos, and if the fund can support such additional expenditures. On July 1, 1983, any cash remaining in the Department of Corrections Rodeo and Special Events Revolving Fund in excess of allotment balances or encumbrances for the fiscal year ending June 30, 1983, shall be transferred to the Department of Corrections Revolving Fund and on November 15, 1983, all cash remaining in the Department of Corrections Rodeo and Special Events Revolving Fund shall be transferred to the Department of Corrections Revolving Fund.
Added by Laws 1979, c. 254, § 21, emerg. eff. June 5, 1979. Amended by Laws 1983, c. 266, § 15, operative July 1, 1983.
§57-560. Architectural contracts - Restrictions.
The Department of Corrections is hereby prohibited from contracting with any architectural firm for a specific project on which the architectural firm has been involved in any work preliminary to said project.
Added by Laws 1979, c. 254, § 22, emerg. eff. June 5, 1979.
§57-561. Incarceration, supervision and treatment at other than department facilities - Services offered - Standards - Private prison contractors.
A. The Department of Corrections is hereby authorized to provide for incarceration, supervision, and residential treatment at facilities other than those operated by the Department of Corrections. Services offered for persons under the custody or supervision of the Department are to include, but not be limited to, housing, alcoholism or drug treatment, mental health services, nursing home care, or halfway house placement. Such services must meet standards prescribed and established by the State Board of Corrections for implementing such a program, including but not limited to standards concerning internal and perimeter security, discipline of inmates, educational and vocational training programs, employment of inmates, and proper food, clothing, housing, and medical care. Such services must be contracted for in accordance with Section 85.7 of Title 74 of the Oklahoma Statutes. Such services, if provided by private prison contractors, shall be contracted for as required by this section.
B. The Department of Corrections is authorized to lease existing facilities or portions thereof from private prison contractors, counties or other governmental entities and operate such facilities or portions thereof in the same manner as other state owned and operated prison facilities. All lease agreements entered into pursuant to this section shall be negotiated between the Department and the lessor. The Department of Central Services shall assist in the negotiations if requested by the Department of Corrections.
C. Subject to the requirements of this section and Section 561.1 of this title, the Department of Corrections is hereby authorized to provide for the construction or operation or both construction and operation of correctional institutions of the Department of Corrections by private prison contractors. Such operation shall meet standards prescribed by the State Board of Corrections, including but not limited to, standards concerning internal and perimeter security, discipline of inmates, educational and vocational training programs, and proper food, clothing, housing, transportation, and medical care. Such services shall be contracted for in accordance with the provisions of Section 561.1 of this title and the provisions of this section.
D. A comprehensive file for all private prison contractors interested in and capable of operating an institution within the Department of Corrections or providing for the housing, care, and control of inmates in a facility owned and operated by the contractor shall be maintained by the Department. These files shall include:
1. A completed application form;
2. A resume of the contractor's staff and capability;
3. A completed performance evaluation form for past projects on which the contractor has provided private prison services;
4. A list of past contracts with this state;
5. A list of contracts to provide similar services to other states or to the United States; and
6. The mailing address of each private prison contractor.
Any person or firm wishing to be a private prison contractor may request at any time to be included in the comprehensive file, and shall be provided necessary forms within twenty (20) days of the request and the Department shall add such contractor to the list within twenty (20) days of receipt of a properly completed application.
The Department may solicit evaluation of work done by private prison contractors from members of the private sector, which evaluation shall be part of the comprehensive file.
E. If the Department intends to secure the services of a private prison contractor, all persons and firms included in the file shall be notified through the mail of such intent. Such notification shall contain the following information:
1. Description and scope of the project or projects;
2. Estimated time schedule for project;
3. Last date for submitting notice of interest in performing services to the Director; and
4. Other pertinent data.
Private prison contractors desiring consideration shall meet the requirements of this section and to be considered shall submit a letter expressing interest in the project to the Department within thirty (30) days of the postmark date of the letter of notification mailed by the Department. Contractors shall file an updated application form at the request of the Department.
F. The Department shall define the scope of a proposed project, determine the various project components, phases and timetables, and prepare detailed project descriptions to guide prospective contractors. Before the Department awards a contract to a private prison contractor, the plans shall be approved by the State Board of Corrections.
G. The Department shall review the files of the private prison contractors desiring consideration for the project. After performing the analysis required by Section 561.1 of this title, the Department shall select no less than three and no more than five contractors for more detailed consideration. In the event interviews for more than one contract are being considered at the same time, the number of contractors selected for more detailed consideration should be at least twice the number of contracts contemplated. This initial screening should consider the requirements of the project, as well as the following factors to be determined from the comprehensive file, and replies to inquiries to former clients:
1. Specialized experience in the type of work contemplated;
2. Capacity of the contractor to accomplish the work in the required time; and
3. Past performance, from the performance evaluation form.
H. A full report of the evaluation procedures and recommendations of the Department shall be prepared by the Department and submitted to the State Board of Corrections for the independent review of the entire process.
I. 1. The Department shall select the contractor whose qualifications and project proposal most substantially meet the criteria of the project description.
2. The Department shall execute the contract with the selected contractor, which contract shall include a fair and reasonable fee.
3. The negotiated scope and fee shall be reported to the Board for the approval of the award of the contract.
J. The Department of Central Services shall render assistance to the Department of Corrections in implementing the contracting procedures provided for in this section. The Department of Central Services may have a representative at any meeting involving negotiations of a contract between the Department and a private prison contractor. Before submission of the proposed contract to the Legislative and Executive Bond Oversight Commissions, and prior to the date as of which the proposed contract is executed by the State Board of Corrections, the Attorney General and the Director of the Department of Central Services shall review the proposed final version of the contract. The Attorney General and the Director of the Department of Central Services shall have a period of fifteen (15) days from receipt of the proposed final version of the contract to approve the contract and execute the document. If either the Attorney General or the Director of the Department of Central Services has objections to the proposed contract, the objections shall be communicated in writing to the Department of Corrections. The Department of Corrections shall take appropriate action regarding the objections and shall resubmit the proposed contract for additional review. The Attorney General and the Department of Central Services shall have an additional fifteen-day period to approve the proposed contract and to execute the document. Failure of the Attorney General or the Director of the Department of Central Services, respectively, to act within the fifteen-day period shall constitute approval of the respective official to the proposed final version of the contract. The contract shall contain a separate signature block or line for signature by the Attorney General and the Department of Central Services. The contract shall contain a statement to be executed by the Attorney General and the Director of the Department of Central Services that each one of them, respectively, has reviewed the proposed contract for compliance with the provisions of this section and Section 561.1 of this title, and all other applicable provisions of law and that the contract conforms with those requirements. Neither the private prison contractor nor the State Board of Corrections shall execute the contract until the document has been executed by the Attorney General and the Director of the Department of Central Services as required by this subsection unless the approval of the respective official has been made as a result of failure to take action within the fifteen-day period prescribed by this subsection.
K. The Director of Central Services is authorized to lease real property and improvements thereon to a private prison contractor in conjunction with a contract for private management of a state correctional institution located or to be built on the property. Said lease may be entered into for one (1) year periods, renewable at the sole option of the State of Oklahoma, but not to exceed a cumulative period of fifty (50) years.
L. Contracts awarded to private prison contractors pursuant to the provisions of this section shall be entered into for a period specified in each contract, subject to availability of funds annually appropriated by the Legislature for that purpose. No contract awarded pursuant to this section shall provide for the encumbrance of funds beyond the amount available for a fiscal year.
M. No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the State Board of Corrections:
1. That the contractor possesses the necessary qualifications and experience to provide the services specified in the contract;
2. That the contractor can provide the necessary qualified personnel to implement the terms of the contract;
3. That the financial condition of the contractor is such that the terms of the contract can be fulfilled;
4. That the contractor has the ability to comply with applicable court orders and corrections standards; and
5. That, in the case of a contractor who will be providing the services in a nondepartmental facility operated by said contractor, the contractor shall be able to meet accreditation standards and receive accreditation, as required by the terms of the contract pursuant to subsection C of Section 561.1 of this title.
N. No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the Board that the contractor can obtain insurance or provide self-insurance to:
1. Indemnify the state against possible lawsuits arising from the operation of prison facilities by the contractor; and
2. Compensate the state for any property damage or expenses incurred due to the operation of prison facilities.
O. A private prison contractor shall not be bound by state laws or other legislative enactments governing the appointment, qualifications, duties, salaries, or benefits of wardens, superintendents, or other correctional employees, except that any personnel authorized to carry and use firearms shall comply with the certification standards required by the provisions of Section 3311 of Title 70 of the Oklahoma Statutes and be authorized to use firearms only to prevent a felony, to prevent escape from custody, or to prevent an act which would cause death or serious bodily injury to the personnel or to another person.
P. Any offense which would be a crime if committed within a state correctional institution also shall be a crime if committed in an institution or facility operated by a private prison contractor.
Q. The Director or his designee shall monitor the performance of the contractor.
Added by Laws 1980, c. 315, § 2, eff. July 1, 1980. Amended by Laws 1981, c. 303, § 10, eff. July 1, 1981; Laws 1987, c. 80, § 3, operative July 1, 1987; Laws 1987, c. 205, § 27, operative July 1, 1987; Laws 1992, c. 319, § 7, eff. Sept. 1, 1992; Laws 1996, c. 169, § 1, eff. July 1, 1996; Laws 1997, c. 133, § 77, eff. July 1, 1997; Laws 2002, c. 350, § 1, emerg. eff. May 30, 2002.
§57-561.1. Private prison contractors - Requests for proposals or negotiated contracts.
A. Prior to entering into a contract with any private prison contractor for construction or operation, or both, of a correctional facility, the Department of Corrections shall establish a process for requesting proposals or negotiated contracts from such contractors. The Department of Corrections shall develop criteria for the process by which a contractor for the construction or operation, or both, of a private prison is to be awarded a contract. The criteria shall be subject to approval by the Board of Corrections. The criteria for selection of a site for a proposed facility to be constructed or operated, or both, by a private contractor shall include, but shall not be limited to, the availability of medical services, support services, transportation services and the availability of potential employees who would be qualified to perform required functions at a state correctional facility.
B. Any contract between the Department of Corrections and a private prison contractor, whereby the contractor provides for the housing, care, and control of inmates in a nondepartmental facility operated by the contractor, shall contain, in addition to other provisions, terms and conditions:
1. Requiring the contractor to provide said services in a facility which meets accreditation standards established by the American Corrections Association;
2. Requiring the contractor to receive accreditation for said facility from the American Corrections Association, within three (3) years of commencement of operations of the facility;
3. Requiring the contractor to obtain written authorization from the governing board of any municipality in which the facility is to be located, or if the facility is not to be located within a municipality, written authorization from the board of county commissioners of the county in which the facility is to be located; and
4. Granting the Department the option at the beginning of each fiscal year pursuant to an agreement, to purchase any such facility, with or without inventory or other personal property, at a predetermined price, which shall be negotiated and included in a schedule or a formula to be contained in the original agreement. Such agreements relating to a correctional facility, the construction of which was financed or is to be financed by obligations issued from a local governmental entity the repayment of which is to be made in whole or in part from rentals from the State of Oklahoma or the Department of Corrections, shall be submitted to the Oklahoma Bond Oversight Commissions as provided in subsection I of this section.
C. A contractor proposing to enter a contract with the Department of Corrections for construction or operation, or both, of a correctional facility pursuant to this section must demonstrate:
1. The qualifications and the operations and management experience to carry out the terms of the contract; and
2. The ability to comply with the standards of the American Correctional Association and with specific court orders.
D. In addition to meeting the requirements specified in the requests for proposals, a proposal for the construction and operation of a correctional facility must:
1. Provide for regular, on-site monitoring by the Department of Corrections;
2. Acknowledge that payment by the state is subject to the availability of appropriations;
3. Provide for payment of a maximum amount per fiscal year;
4. Demonstrate a cost benefit to the State of Oklahoma when compared to the level and quality of programs provided by state-operated facilities that have similar types of inmates at an operational cost not more than the cost of housing inmates in similar facilities and providing similar programs to those types of inmates in state-operated facilities. The Department of Corrections shall be responsible for determining the cost/benefit of the proposal;
5. Permit the state to terminate the contract for cause;
6. Contain a proposed per diem operational cost per inmate for the initial year and subsequent years of operations;
7. Subject to appropriations, provide that cost adjustments may be made only once each fiscal year, to take effect at the beginning of the next fiscal year using as the maximum percentage increase, if any, an increase not to exceed the previous year's Consumer Price Index for All Urban Consumers (CPI-U) as prepared by the United States Bureau of Labor Statistics;
8. Have an initial contract term of not more than one (1) year, with an option to renew for additional periods not to exceed twenty (20) years;
9. If the proposal includes construction of a facility, contain a performance bond approved by the Department that is adequate and appropriate for the proposed contract;
10. Provide for assumption of liability by the private vendor for all claims arising from the services performed under the contract by the private vendor;
11. Provide for an adequate plan of insurance for the private vendor and its officers, guards, employees, and agents against all claims, including claims based on violations of civil rights arising from the services performed under the contract by the private vendor;
12. Provide for an adequate plan of insurance to protect the state against all claims arising from the services performed under the contract by the private vendor and to protect the state from actions by a third party against the private vendor, its officer, guards, employees, and agents as a result of the contract;
13. Provide plans for the purchase and assumption of operations by the state in the event of the bankruptcy of the private vendor; and
14. Contain comprehensive standards for conditions of confinement.
E. As of the end of each fiscal year, the Department of Corrections shall determine the average daily cost per inmate for the operational costs at each major category of correctional facility. There shall be a separate computation of the average daily rate for maximum security, medium security, minimum security and work center facilities. The Department of Corrections shall present the daily rate computations to the Board of Corrections. The Board of Corrections, after appropriate review and analysis, shall adopt as a final action of the Board, at its regularly scheduled meeting in the month of August, an average daily rate per inmate by facility category for the immediately preceding fiscal year.
F. If a request for proposal process is utilized and no proposals conform to the established criteria, the Department shall prepare an additional request for proposals. The Department of Corrections shall evaluate the proposals within thirty (30) days of receipt from the prospective contractor. The Department of Corrections shall specifically determine whether a proposal meets the requirements of paragraph 4 of subsection D of this section by comparing the daily rate for housing and care of inmates pursuant to any proposed contract with a private contractor to the daily rate for housing and care of inmates at the comparable type of facility operated by the Department of Corrections using the information provided pursuant to paragraph 6 of subsection D of this section. The Department shall evaluate proposals taking into account any direct or indirect costs that would continue to be paid by the Department of Corrections including, but not limited to, transportation, records management, discipline, general administration, management of inmate trust funds, and major medical coverage. Such costs shall be added to the proposed per diem of the private vendor when comparing the total per diem costs of the state operating facilities.
G. If the Department of Corrections proposes to enter into a contract for the construction or the operation, or both, of a private prison, the Department shall compare both the capital costs and the operating costs for the facility to the imputed capital costs and the projected operating costs of a comparable facility constructed and operated by the Department of Corrections.
H. The Department of Corrections shall deliver to the Board of Corrections the top three qualified prospective private prison contractors identified pursuant to this section and pursuant to Section 561 of this title together with the information reviewed and analyzed by the Department of Corrections during analysis of the proposals as required by this section. The Board of Corrections shall evaluate the information provided and shall make a final decision selecting the contractor within fifteen (15) days of receipt of the information.
I. Any contract subject to the provisions of this section entered into by the Board of Corrections shall be subject to the approval of the Legislative and Executive Bond Oversight Commissions in the same manner as provided by law for the review of issuance of obligations by State Governmental Entities as prescribed by Section 695.8 of Title 62 of the Oklahoma Statutes.
J. Before submission of the proposed contract to the Legislative and Executive Bond Oversight Commissions, and prior to the date as of which the proposed contract is executed by the Board of Corrections, the Attorney General and the Director of the Department of Central Services shall review the proposed final version of the contract. The Attorney General and the Director of the Department of Central Services shall have a period of fifteen (15) days from receipt of the proposed final version of the contract to approve the contract and execute the document. If either the Attorney General or the Director of the Department of Central Services has objections to the proposed contract, the objections shall be communicated in writing to the Department of Corrections. The Department of Corrections shall take appropriate action regarding the objections and shall resubmit the proposed contract for additional review. The Attorney General and the Department of Central Services shall have an additional fifteen-day period to approve the proposed contract and to execute the document. Failure of the Attorney General or the Director of the Department of Central Services, respectively, to act within the fifteen-day period shall constitute approval of the respective official to the proposed final version of the contract. The contract shall contain a separate signature block or line for signature by the Attorney General and the Department of Central Services. The contract shall contain a statement to be executed by the Attorney General and the Director of the Department of Central Services that each one of them, respectively, has reviewed the proposed contract for compliance with the provisions of this section and Section 561 of this title, and all other applicable provisions of law and that the contract conforms with those requirements. Neither the private prison contractor nor the Board of Corrections shall execute the contract until the document has been executed by the Attorney General and the Director of the Department of Central Services as required by this subsection unless the approval of the respective official has been made as a result of failure to take action within the fifteen-day period prescribed by this subsection.
Added by Laws 1997, c. 133, § 78, eff. July 1, 1997. Amended by Laws 2002, c. 221, § 1, emerg. eff. May 8, 2002; Laws 2003, c. 3, § 47, emerg. eff. March 19, 2003.
NOTE: Laws 2002, c. 81, § 4 repealed by Laws 2003, c. 3, § 48, emerg. eff. March 19, 2003.
§57-561.2. Siting of correctional facilities - Contractor selection process.
A. The Oklahoma Department of Corrections shall develop criteria for selection of a site upon which to construct the correctional facilities described in subsection B of Section 79 of this act. The criteria shall include, but shall not be limited to, the availability of medical services, support services, transportation services, the availability of potential employees who would be qualified to perform required functions at a state correctional facility and any benefits or incentives offered by the applicant. The criteria shall be subject to approval by the Board of Corrections.
B. The Oklahoma Department of Corrections shall establish a process for requesting proposals to construct a correctional facility built with the funds authorized pursuant to Section 79 of this act.
C. Proposals shall be submitted not later than thirty (30) days after receipt of the request. The Department shall identify the proposals meeting the criteria approved pursuant to subsection A of this section within thirty (30) days after receipt of the proposals. The Department of Corrections shall identify by appropriate review and analysis the proposals submitted and shall select a maximum of three proposals which conform to the criteria set out in subsection A of this section and shall forward the proposals meeting criteria to the Board of Corrections.
D. The Department of Corrections shall deliver to the Board of Corrections the top three qualified proposals identified pursuant to this section together with the information reviewed and analyzed by the Department of Corrections during analysis of the proposals as required by this section. The Board of Corrections shall evaluate the information provided and shall make a final decision selecting the best site for the correctional facility within fifteen (15) days of receipt of the information.
E. Any plans developed pursuant to the process for selection of a contractor for construction of a facility authorized pursuant to Section 79 of this act shall become the nonexclusive property of the State of Oklahoma as a condition of the award of the final contract for construction of the facility. The State of Oklahoma shall not be obligated to obtain any further permission for use of the plans or to make payment to any person or other legal entity for the further use of the plans as may be needed for additional projects for site adaptation for buildings, structures, or both, for use by the Department of Corrections.
F. The Department of Central Services shall be responsible for any changes or updates of such plans for construction of any additional correctional facility constructed using the plans described in subsection E of this section. The Oklahoma Department of Transportation and the Department of Central Services shall provide such architectural, engineering and consulting services as the Department of Corrections may require in order to adapt existing plans for use in construction of additional correctional facilities.
G. If the Department of Corrections requires architectural, engineering or other consulting services in addition to those services authorized by subsection F of this section, the Department of Central Services shall be authorized to enter into a contract with an architect, engineer or for other necessary services, as may be required in order to adapt existing plans for new sites for additional correctional facilities. The costs of any such services shall be paid by the Department of Corrections.
Added by Laws 1997, c. 133, § 80, eff. July 1, 1997.
§57-561.3. Private prison operators to furnish medical care.
Every contract entered into on and after July 1, 2000, between the Department of Corrections and a private prison operator which provides for the housing of inmates under the custody or supervision of the Department of Corrections, shall require that the private prison operator furnish medical care for such inmates as part of the contract price. Such care shall meet standards prepared and established by the State Board of Corrections for inmate medical care.
Added by Laws 2000, 1st Ex.Sess., c. 8, § 7, eff. July 1, 2000. Amended by Laws 2002, c. 384, § 1, emerg. eff. June 4, 2002.
§57-562. Correctional Officer Cadets.
The Department of Corrections is hereby authorized to employ Correctional Officer Cadets that will meet all the qualifications established for correctional officers and guards in Section 510 of this title. After successful completion of the probationary period required in subsection D of Section 840-4.13 of Title 74 of the Oklahoma Statutes, Correctional Officer Cadets will be promoted to Correctional Officer I.
Added by Laws 1980, c. 315, § 9, eff. July 1, 1980. Amended by Laws 1996, c. 268, § 1, eff. July 1, 1996; Laws 1999, c. 89, § 1, eff. July 1, 1999.
§57-563. Correctional facilities - Creation or construction - Approval of Legislature - Inmate work centers - Location.
A. Except as otherwise authorized by Section 183 of Title 73 of the Oklahoma Statutes, before any correctional facility other than an inmate work center as authorized in subsection B of this section or an inmate drug offender work camp, whether within the Department of Corrections or within any other state agency, may be created or any construction performed which may significantly increase, extend or expand the present facility, such creation or construction shall be approved by the Legislature. Correctional facilities owned or operated by private prison contractors shall not be deemed to be within the Department of Corrections or other state agency.
B. The Department of Corrections is hereby authorized to establish inmate work centers in locations where a need for labor to conduct public work projects is determined. The Department shall select the inmate work center locations based on objective comparisons of interested communities in accordance with procedures and criteria established by the Department of Corrections. The procedures, selection criteria and decision case analysis shall be made available to the public upon request.
C. No state, county or municipal correctional facility including any inmate work center, inmate drug offender work camp, inmate halfway house, inmate transitional living center and any other place where state, county or municipal inmates are housed shall be located within one thousand (1,000) feet of any public or private elementary or secondary school nor within two thousand five hundred (2,500) feet of any state training school. The provisions of this subsection shall not apply to any inmate work center, inmate drug offender work camp, inmate halfway house, inmate transitional living center and any other place where state, county or municipal inmates are housed established prior to May 20, 1994. Provided, that the provisions of this subsection shall not apply to state, county, or municipal correctional facilities that are granted permission to operate within the areas restricted by this subsection by a majority vote of the following entities:
1. The district board of education of each school district with an affected school; and
2. The governing body of each affected private school.
D. In any county with a population of two hundred fifty thousand (250,000) or more, as determined by the latest Federal Decennial Census, the Department of Corrections shall not cause, permit or require any inmate in the custody of the Department or cause, permit or require any offender under the supervision of the Department to enter, remain or be present in any Department of Corrections facility located within one thousand (1,000) feet of a private or public elementary or secondary school, or on the grounds of such a facility, for any activities involving or relating to processing, training, instructing, interviewing, counseling, reporting, conferring, imposing discipline, reviewing or adjudicating or any correctional function requiring or permitting the presence of the offender, except offenders may be employed in construction, maintenance or janitorial activities in or on the structures or grounds while under supervision of a correctional employee. The provisions of this subsection shall not apply to any facility established or acquired by the Department of Corrections prior to May 20, 1994.
Added by Laws 1981, c. 303, § 16, eff. July 1, 1981. Amended by Laws 1987, c. 80, § 4, operative July 1, 1987; Laws 1989, c. 303, § 15, operative July 1, 1989; Laws 1990, c. 258, § 19, operative July 1, 1990; Laws 1992, c. 293, § 3, emerg. eff. May 25, 1992; Laws 1993, c. 203, § 1, eff. Sept. 1, 1993; Laws 1994, c. 213, § 1, emerg. eff. May 20, 1994; Laws 1996, c. 248, § 1, emerg. eff. May 28, 1996; Laws 1997, c. 133, § 81, eff. July 1, 1997; Laws 1998, c. 290, § 4, eff. July 1, 1998; Laws 2002, c. 43, § 2, eff. Nov. 1, 2002 and Laws 2002, c. 465, § 2, eff. July 1, 2002.
§57-563.1. Location of private prison facilities - Restrictions.
A. The location of any prison facility which is not operated by the Department of Corrections, a county, or a city:
1. Shall be subject to the nondiscriminatory zoning ordinances of the town or city in which located; and
2. Is specifically prohibited within one (1) mile of any public or private elementary or secondary school. The provision of this paragraph shall not apply to:
a. any private medium secure juvenile facility which was established and housed juveniles prior to July 1, 1999,
b. any prison facility which was used as a prison facility prior to the establishment of a public or private elementary or secondary school within the one-mile radius of the prison facility as long as the prison facility remains in continuous use as a prison,
c. any prison or juvenile facility established within the prohibited distance from a private elementary or secondary school prior to May 20, 1994, or within the prohibited distance from a public elementary or secondary school prior to July 1, 1987,
d. any other juvenile facilities, or
e. a correctional facility not operated by the Department of Corrections that is granted permission to operate within the areas restricted by this subsection by a majority vote of the following entities:
(1) the district board of education of each school district with an affected school, and
(2) the equivalent governing body of each affected private school.
B. The distance indicated in this section shall be measured from the nearest property line of the school to the nearest property line of the prison facility.
C. 1. Prior to the establishment of any prison facility which is not operated by the Department of Corrections, a private prison contractor shall obtain written authorization to establish the facility from the governing body of any municipality in which the facility is to be located, or if the facility is not to be located within the incorporated limits of a municipality, from the board of county commissioners of the county in which the facility is to be located.
2. The authorization shall be submitted to the Board of Corrections before any contract between the Department of Corrections and the private prison contractor is awarded.
D. The term "prison or prison facility" means any facility operated by a private prison contractor as such term is defined in Section 502 of this title.
Added by Laws 1987, c. 80, § 5, operative July 1, 1987. Amended by Laws 1994, c. 213, § 2, emerg. eff. May 20, 1994; Laws 1998, c. 290, § 5, eff. July 1, 1998; Laws 1999, c. 394, § 1, eff. Nov. 1, 1999; Laws 2000, c. 244, § 1, eff. July 1, 2000; Laws 2003, c. 345,§ 1, emerg. eff. May 29, 2003.
§57-563.2. Private prison facilities for minimum or medium security level inmates.
A. Except as provided for in subsection B of this section, a private prison contractor may contract with the federal government or another state to provide for housing, care and control of minimum or medium security level inmates, as provided in this section, who are in the custody of the United States or another state, who do not have histories of escape from medium or maximum security level correctional facilities for adults, who do not have histories of rioting, and who are sentenced to terms of incarceration for conviction of a felony, other than a felony that would be a capital offense if committed in this state or a sex-related offense, or who are sentenced to federal or state facilities for conviction of a misdemeanor, other than a sex-related offense, or who are under arrest or detained for federal felony or misdemeanor violations, or detained for a violation of immigration laws, within a facility owned or operated by the private prison contractor. Provided, incarceration for misdemeanors shall be allowed only pursuant to subsection E of this section. Such private prison contractor may perform other functions related to such responsibilities.
B. A private prison contractor operating a facility on January 1, 2004, at twenty-five percent (25%) or less capacity may contract with the federal government or another state to provide for housing, care and control of minimum or medium security level inmates provided the facility would be allowed to house the same type of inmates if contracting with this state.
C. Any offense which would be a crime if committed within a state correctional institution of this state shall be a crime if committed in a facility owned or operated by a private prison contractor.
D. A private prison contractor shall not employ any personnel convicted of a felony if the person has been incarcerated in the private prison facility for which an application for employment is being considered; provided, a private prison contractor may employ personnel convicted of drug-related felonies who have been rehabilitated for programs for drug or other substance abuse rehabilitation for inmates of the facility.
Any personnel of a facility owned or operated by a private prison contractor, except any person convicted of a felony offense, shall be authorized to carry and use firearms while in the performance of their official duties only in the manner provided in this subsection and only after completing training approved by the Council on Law Enforcement Education and Training. The Council on Law Enforcement Education and Training may charge a reasonable fee for its cost of evaluating firearms training for private prison personnel. Private prison personnel shall only be authorized to use firearms for the following purposes:
1. To prevent escape from the facility or from custody while being transported to or from the facility. As used in this paragraph, "to prevent escape from the facility" means to prevent an incarcerated individual from crossing the secure perimeter of the facility; or
2. To prevent an act which would cause death or serious bodily injury to any person.
The Department of Corrections is authorized to provide training to personnel of the private prison contractor, pursuant to contract. The Department of Corrections shall charge a reasonable fee for the training, not to exceed the cost of such training. The provisions of this subsection shall not be construed to confer peace officer status upon any employee of the private prison contractor or to authorize the use of firearms, except as provided in this subsection. All private prisons operating in this state shall prepare a written emergency plan and mutual aid agreement between the private prison facility and state and local law enforcement agencies, including the Department of Corrections and the Department of Public Safety. If an inmate escapes from the facility, or in the event of any riot or other serious disturbance, personnel from the facility immediately shall inform the Department of Corrections, the Department of Public Safety, the county sheriff and, if the facility is located within the boundaries of a municipality, the police department of the municipality. The Department of Corrections shall designate facilities operated by the Department to provide support in the event of a riot, escape or other serious emergency. Personnel from the facility shall inform the Department of Corrections, pursuant to Department policy, if there is any incident. The Department of Corrections is directed to respond on behalf of public safety of this state. The private prison contractor shall provide the Department of Corrections access to the facility and secure facility space to establish a command post, including provisions for telephone and fax access. Any emergency response provided by any state or local law enforcement agency shall be at the sole expense of the private prison contractor/operator. Each responding agency shall submit a written invoice detailing costs incurred which shall be paid within thirty (30) days of receipt by the private prison contractor/operator.
E. A private prison contractor housing federal inmates or inmates of another state shall not accept:
1. Any inmate who would be incarcerated in the facility for conviction of a misdemeanor, unless such incarceration in the facility is consistent with American Correctional Association requirements relating to the incarceration of inmates convicted of more serious offenses; or
2. Any maximum security level inmate.
F. If an inmate is to be released or discharged from incarceration, is released or discharged by any court order, is to be placed on probation, is paroled, or if the federal government or sending state requests transfer or the return of the inmate, the private prison contractor immediately shall transfer or return the inmate to the sending state which has legal authority over the sentence or, in the case of federal inmates, to the closest federal prison or to the federal authority of the state in which federal custody over the inmate originated.
G. A private prison contractor housing federal inmates from jurisdictions other than Oklahoma, or inmates sentenced pursuant to the legal authority of another state, shall not allow any such inmate to leave the premises of the facility, except to comply with an order to appear in a court of competent jurisdiction, to receive medical care not available at the facility, to work as provided in subsection H of this section, or to return or be transferred to another state as provided by the provisions of subsection F of this section.
H. A private prison contractor may allow minimum security inmate labor to be used in public works projects provided all of the following conditions are satisfied:
1. The public works project must be in and for the county where the private prison is located or a county adjacent to the county where the private prison is located, or in and for a municipality in the county where the private prison is located or an adjacent county;
2. The private prison contractor has developed security procedures which will ensure the safety of the public and the Department of Corrections has approved such procedures;
3. The public works project has been authorized by the Department of Corrections and the county or municipal authorities where the public works project is located;
4. The private prison contractor has procured and has in force and effect a policy of liability insurance which will provide coverage in an amount determined by the Department of Corrections for any loss resulting from the acts or omissions of inmates participating in such project or employees of the private prison contractor and for any injuries occurring to the inmates or employees; and
5. The use of federal inmates for public works projects will be in strict compliance with the provisions of Section 4002 of Title 18 of the United States Code and any other applicable provisions of federal law.
I. A private prison contractor housing federal inmates or inmates of another state shall be responsible for the reimbursement of all reasonable costs and expenses incurred by this state or a political subdivision of this state for legal actions brought in this state by or on behalf of any federal inmate or inmate of another state while incarcerated in the facility, including court costs, sheriff mileage fees, witness fees, district attorney expenses, expenses of the office of Attorney General, indigent or public defender fees and costs, judicial expenses, court reporter expenses and any other costs, fees, or expenses associated with the proceedings or actions.
J. As used in this section, unless federal custody status is specified, security level restrictions shall refer to the security levels applicable to inmates in institutions within the Department of Corrections, as determined by policy of the Department of Corrections, unless the Department of Corrections approves more restrictive levels of security as prescribed by the private prison contractor. Private prison contractors housing federal inmates or inmates of another state shall be bound by such security level classifications.
K. A private prison contractor shall not house inmates from this state with federal inmates or inmates from another state, unless segregated or otherwise housed in such a manner as to satisfy the Director of the Department of Corrections.
L. The State of Oklahoma shall not assume jurisdiction or custody of any federal inmate or inmate from another state housed in a facility owned or operated by a private prison contractor. Such inmates from another state shall at all times be subject to the jurisdiction of that state and federal inmates shall at all times be subject to federal jurisdiction. This state shall not be liable for loss resulting from the acts of such inmates nor shall this state be liable for any injuries to the inmates.
Added by Laws 1991, c. 307, § 2, emerg. eff. June 4, 1991. Amended by Laws 1992, c. 405, § 5, eff. July 1, 1992; Laws 1993, c. 203, § 2, eff. Sept. 1, 1993; Laws 1996, c. 46, § 1, eff. Nov. 1, 1996; Laws 1996, c. 169, § 2, eff. July 1, 1996; Laws 1998, c. 149, § 1, eff. July 1, 1998; Laws 1999, c. 394, § 2, eff. Nov. 1, 1999; Laws 2000, c. 78, § 1, eff. July 1, 2000; Laws 2002, c. 103, § 1, eff. July 1, 2002; Laws 2004, c. 552, § 1, emerg. eff. June 9, 2004; Laws 2005, c. 476, § 1, eff. July 1, 2005.
§57-563.3. Private prison contractors not having contract with Department of Corrections which house federal inmates or inmates of another state.
A. A private prison contractor which does not have a contract with the Department of Corrections, but which houses federal inmates or inmates of another state, within two (2) months of commencing operations and thereafter as required by the Department of Corrections, shall:
1. Obtain from the Department of Corrections approval of all emergency response plans and the internal and perimeter security of the facility of the private prison contractor. All emergency plans for the private prison facility shall be approved by the Department of Corrections annually on July 1 and within thirty (30) days of any subsequent change or modification to any plan. Such approval shall be given only if the Director of the Department of Corrections determines that the security and emergency response plan are adequate to protect the public;
2. Show, to the satisfaction of the Department of Corrections, that adequate food, housing and medical care shall be available for inmates, that the facility will have the necessary qualified personnel to operate the facility, that the financial condition of the private prison contractor is such that the facility can be operated adequately, and that the facility has the ability to comply with applicable court orders and American Correctional Association standards;
3. Furnish to the Department of Corrections satisfactory proof that the private prison contractor has obtained insurance or is self-insured, in such a manner and in such an amount as the Director of the Department of Corrections, after consulting with the Risk Management Administration, may deem necessary and adequate to reimburse this state or a political subdivision of this state, for expenses arising from any incident which occurs at said prison or which requires intervention by this state or a political subdivision of this state. Such insurance, in addition, shall be in an amount sufficient to indemnify this state and its officers and employees, for any liability or other loss, including property damage, judgments, costs, attorneys fees or other expenses arising from the operation of the facility, and such facility shall in any event and regardless of the amount of insurance available indemnify and hold harmless this state and its officers and employees, for any and all acts of prison inmates, and/or all officers, employees and stockholders of such private prison contractor for any liability arising out of acts of said inmates, officers, employees and stockholders of such private prison contractor in relation to the operation of the facility. The insurance required by this paragraph shall not provide coverage for more than one facility. If the private prison contractor owns or operates more than one facility, separate insurance coverage shall be obtained or provided for each facility;
4. Obtain written authorization from the governing board of any municipality in which the facility is to be located, or if the facility is not to be located within a municipality, written authorization from the board of county commissioners of the county in which the facility is to be located; and
5. Require and obtain a felony record search of fingerprints of every employee or prospective employee of the private prison contractor. The search shall be based on fingerprints and shall be conducted either by the Federal Bureau of Investigation or the Oklahoma State Bureau of Investigation. If the search is conducted by the Oklahoma State Bureau of Investigation, the Bureau shall require the person to pay a search fee not to exceed Fifty Dollars ($50.00) or the cost of the search, whichever is the lesser amount. The fees shall be deposited in the OSBI Revolving Fund. The private prison contractor is hereby authorized to reimburse employees for the cost of the search. The Oklahoma State Bureau of Investigation may contact the Federal Bureau of Investigation as regards the information requested, to obtain any felony convictions of the person involved. The record required by this paragraph shall include the name of the person, whether or not said person has been convicted of any felony offense, a list of any felony convictions, and the dates of such convictions. The search records of each employee shall be maintained by the contractor for as long as the employee works for the contractor. The records shall be subject to inspection by the Department of Corrections.
B. A private prison contractor which does not have a contract with the Department of Corrections, but which houses federal inmates or inmates of another state shall attain accreditation by the American Correctional Association within three (3) years of commencing operation of the facility and thereafter shall maintain such accreditation.
C. The Department of Corrections shall monitor the performance of the private prison contractor and the continued compliance of the private prison contractor with the provisions of subsections A and B of this section. If at any time after commencing operations, a private prison contractor, that is subject to the provisions of subsection A of this section, fails to comply with any of said provisions, the Director of the Department of Corrections may order the facility to cease operations. If a private prison contractor fails to attain or maintain the accreditation required by subsection B of this section, the Director of the Department of Corrections shall order the facility to cease operations. This order may be enforced by injunction issued by a district court of this state.
D. The Department of Corrections may charge the private prison contractor a reasonable fee for monitoring compliance with the provisions of paragraphs 1 and 2 of subsection A of this section. The fee shall not exceed the cost incurred in performing the monitoring.
E. The Department of Corrections shall promulgate and adopt rules for the implementation of this section.
F. All fees collected by the Department of Corrections pursuant to this section shall be deposited with the State Treasurer to the credit of the Department of Corrections Revolving Fund.
Added by Laws 1991, c. 307, § 3, emerg. eff. June 4, 1991. Amended by Laws 2005, c. 476, § 2, eff. July 1, 2005.
§57-563.4. Transitional living facility - Location - Definition.
A. No transitional living facility shall be located within two thousand five hundred (2,500) feet of any public or private elementary or secondary school, state training school, or residential neighborhood. Prior to the establishment of any transitional living facility, the proposed operator shall obtain written authorization to establish and operate the facility from the governing body of the municipality in which the center is to be located or, if the facility is not to be located within the incorporated limits of a municipality, from the board of county commissioners of the county in which the facility is to be located. The provisions of this section shall not apply to any transitional living facility established prior to the effective date of this act.
B. For purposes of this section, "transitional living facility" means those facilities that do not have a contract with the Department of Corrections or another agency of this state, or any political subdivision of this state, to provide living space for persons who are under the custody of the Department of Corrections and whose primary function is to provide housing assistance and related social services for individuals who are transitioning from previous incarceration in a county jail, state, or federal facility to the community or are otherwise in need of temporary housing assistance.
Added by Laws 2005, c. 136, § 1, emerg. eff. May 3, 2005.
§57-564. Inmates to exhaust administrative remedies.
An inmate in the custody of the Department of Corrections shall completely exhaust all available administrative remedies on all potential claims against the state, the Department of Corrections, or an employee of the state or the Department of Corrections prior to initiating an action in district court against the Department.
Added by Laws 1985, c. 57, § 3, eff. Nov. 1, 1985. Amended by Laws 2005, c. 159, § 4, emerg. eff. May 10, 2005.
§57-564.1. Disciplinary proceedings - Judicial review - Requirements - Procedures.
A. In those instances of prison disciplinary proceedings that result in the revocation of earned credits, the prisoner, after exhausting administrative remedies, may seek judicial review in the district court of the official residence of the Department of Corrections. To be considered by the court, the inmate shall meet the following requirements:
1. The petition shall be filed within ninety (90) days of the date the petitioner is notified of the final Department of Corrections decision in the Department disciplinary appeal process.
2. The petition shall only name the Department of Corrections as the respondent and service shall be in accordance with the rules for service under the laws of this state.
3. The petition shall be limited to the review of only one disciplinary report and no other pleading is allowed other than the petition and the answer.
4. The court shall not consider any pleadings from any intervening parties and shall not stay the Department disciplinary process during the review of the misconduct hearing.
B. The answer of the Department shall be filed within thirty (30) days of receipt of the petition unless the court orders a special report upon motion by one party or upon its own motion.
C. The petition shall assert that due process was not provided and prove which element of due process, relevant only to a prison administrative disciplinary proceeding, was not provided by the prison staff.
D. The court shall only determine whether due process was provided by the revoking authority. In determining whether due process was provided, the court shall determine:
1. Whether written notice of the charge was provided to the inmate;
2. Whether the inmate had a minimum of twenty-four (24) hours to prepare after notice of the charge;
3. Whether the inmate was provided an opportunity for a hearing by a prison employee not involved in bringing the charge;
4. Whether the inmate had the opportunity to present relevant documentary evidence;
5. Whether the inmate had the opportunity to call witnesses when doing so would not be hazardous to institutional safety or burden correctional goals;
6. Whether the inmate was provided a written statement as to the evidence relied on and the reasons for the discipline imposed; and
7. Whether any evidence existed in the record upon which the hearing officer could base a finding of guilt.
E. The judicial review as provided in this section shall not be an independent assessment of the credibility of any witness or a weighing of the evidence, and there shall be no right to an error free proceeding or to confront accusers. The only remedy to be provided, if the court finds due process was not provided, is an order to the Department to provide due process.
F. There shall be no recovery allowed for costs and fees, providing that frivolous petitions are subject to the sanctions provided by the laws of this state.
G. Either party aggrieved by the final order of the district court on a petition for judicial review may only appeal the order to the Oklahoma Court of Criminal Appeals as set forth in the rules of such Court.
Added by Laws 2005, c. 159, § 5, emerg. eff. May 10, 2005.
§57-565. Affidavit in forma pauperis - Considering inmates deposited funds.
In determining whether or not an inmate shall be allowed to use an affidavit in forma pauperis, the court shall consider the amount of funds an inmate has on deposit with the Department of Corrections.
Added by Laws 1985, c. 57, § 4, eff. Nov. 1, 1985.
§57-566. Dismissal of inmate's action - Definitions - Sanctions for frivolous or malicious claims - Judgment - Liability for costs and fees.
A. Any action by an inmate initiated against any person, party or entity, the state, the Department of Corrections, another state agency, or political subdivision, or an original action in an appellate court, or an appeal of an action whether or not the plaintiff was represented in the district court, may be:
1. Dismissed with or without prejudice, by the court on its own motion or on a motion of the defendant, if all administrative and statutory remedies available to the inmate have not been exhausted in a timely manner; or
2. Dismissed with prejudice, by the court on a motion of the defendant, if the court is satisfied that the action is frivolous or malicious.
B. As used in this section:
1. "Frivolous" means having no reasonable basis in law or fact, or lacking any good faith legal argument for the extension, modification, or reversal of existing law, or being maintained solely or primarily for delay or to harass the party filed against;
2. "Inmate" or "inmate in a penal institution" includes, but is not limited to, a person in the custody or under the supervision of the Department of Corrections or the Federal Bureau of Prisons, a person who has been convicted of a crime and is incarcerated for that crime in a county jail, a person who is being held in custody for trial or sentencing, or a person on probation or parole; and
3. "Malicious" means filing numerous actions, or actions brought in bad faith on de minimus issues.
C. If the court determines from the pleadings or the evidence that one or more of the causes of action are frivolous or malicious, any one or more of the following sanctions may be imposed, after notice to the inmate and an opportunity for the inmate to respond, without the need for an additional hearing:
1. Award attorney fees and actual costs incurred by the state, the Department of Corrections, another state agency, a political subdivision, the Attorney General's Office, or the defendant, not to exceed Two Thousand Five Hundred Dollars ($2,500.00) per frivolous cause of action;
2. Court costs not to exceed Five Hundred Dollars ($500.00) per cause of action;
3. Order the Department of Corrections to revoke up to seven hundred twenty (720) earned credits accrued by the inmate. In any case in which the prisoner submits a frivolous or malicious claim, or one that is intended solely or primarily for delay or to harass the party filed against, or testifies falsely or otherwise presents false evidence or information to the court in depositions or in a notarized statement to the court or commits a fraud upon the court, the prisoner shall suffer a loss of earned credits. The earned credits shall be deducted upon a finding of fact and an order of the court. In the absence of such a finding by the court and upon review and recommendation by the Office of the Attorney General, a prison disciplinary hearing may be held to determine whether the prisoner has filed such a claim or evidence. Upon such a finding, the earned credits of the prisoner shall be revoked by the Department or political subdivision;
4. Order the Department or political subdivision to revoke permission to have nonessential personal property of the inmate, including, but not limited to, televisions, radios, stereos, or tape recorders. If permission is revoked, the Department shall take appropriate precautions to protect the property during the period of the revocation;
5. Impose a civil sanction in an amount not to exceed One Thousand Dollars ($1,000.00); or
6. Impose a monetary judgment against the inmate, not to exceed Five Hundred Dollars ($500.00), to be paid to each named defendant.
D. Any award of attorney fees, or costs, or the imposition of a sanction shall serve as a judgment against the inmate and the Department or political subdivision is authorized to take up to eighty percent (80%) of the inmate's nonmandatory savings trust funds per month until paid. The judgment shall be subject to execution without further order of any court for a period of seven (7) years from the date of an award or imposition of a sanction.
Added by Laws 1985, c. 57, § 5, eff. Nov. 1, 1985. Amended by Laws 1995, c. 141, § 2, eff. Nov. 1, 1995; Laws 1999, c. 127, § 1, eff. July 1, 1999; Laws 2002, c. 402, § 8, eff. July 1, 2002; Laws 2004, c. 168, § 10, emerg. eff. April 27, 2004; Laws 2004, c. 382, § 1, emerg. eff. June 3, 2004.
NOTE: Laws 2004, c. 382, § 4 repealed the effective date in Laws 2004, c. 168, § 18, causing that chapter to revert to its emergency effective date.
§57-566.1. Payments and distributions from damage awards.
A. Any inmate as defined in paragraph 2 of subsection B of Section 566 of this title who successfully obtains a final court order or settlement agreement awarding damages for any cause of action in any federal or state proceedings against the state, a state agency, the Department or any political subdivision, or any employee thereof, shall pay or satisfy from the award:
1. Any previous assessments of court costs or fines involving the criminal convictions of the offender;
2. Victims compensation assessments;
3. Restitution awards;
4. Probation or parole fees;
5. Child support or alimony;
6. Civil judgments; and
7. Any deficiencies of debts not paid of which the state or the Department of Corrections has notice by judgment, lien, garnishment, or other appropriate process.
B. After disbursement of the funds by the state or the Department of Corrections, twenty percent (20%) of the award shall be placed in the offender's mandatory savings account and the remainder shall be placed in the offender's regular draw account. The Department shall give notice to the inmate of known debts owed by the inmate. The Department shall be granted a reasonable time to review and discover all outstanding debts of the inmate as enumerated in subsection A of this section and shall disburse the award to all outstanding debtors of the inmate within six (6) months of the final court order or settlement agreement. The Department shall deposit the remaining funds pursuant to subsection C of this section. All of the amounts and any funds deposited with the Department of Corrections or a political subdivision in accordance with this section shall not be subject to the attachment and garnishment procedures set forth in Title 12 of the Oklahoma Statutes until ninety (90) days after all outstanding debts are paid pursuant to this section. For purposes of this section, the statutory limits on the collection of debts set out in subsection A of Section 95 of Title 12 of the Oklahoma Statutes shall not apply.
C. Any inmate, as defined in paragraph 2 of subsection B of Section 566 of this title, or attorney of the inmate, who successfully obtains a final court order awarding damages for any cause of action arising in tort or contract, in any state or federal proceedings, or any settlement agreement, against any party shall notify the Department of Corrections or appropriate political subdivision of the award and shall make the same distribution of the award as is provided in subsection A of this section. It shall be the duty of the attorney of the inmate or the inmate, if acting pro se, to notify the defendant that any settlement shall be deposited with the Department or political subdivision for disbursement in accordance with this section. In addition, the state, the Department of Corrections, any other state agency, or any political subdivision of the state shall have the first right of subrogation to any such award or settlement for costs of services incurred by the state, state agency, or political subdivision in relation to such claim, for service provided to the inmate at the request of the inmate, and for all costs of incarceration, before any part of the award is placed in the trust account of the inmate.
Added by Laws 1995, c. 141, § 3, eff. Nov. 1, 1995. Amended by Laws 1999, c. 127, § 2, eff. July 1, 1999; Laws 2002, c. 402, § 9, eff. July 1, 2002; Laws 2004, c. 168, § 11, emerg. eff. April 27, 2004.
§57-566.2. Frivolous, malicious actions or failure to state claim upon which relief could be granted - Prepayment of fees.
A. A prisoner who has, on three or more prior occasions, while incarcerated or detained in any facility, or while on probation or parole, brought an action or appeal in a court of this state or a court of the United States that has been dismissed on the grounds that the case was frivolous, or malicious, or failed to state a claim upon which relief could be granted, may not proceed in a matter arising out of a civil case, or upon an original action or on appeal without prepayment of all fees required by law, unless the prisoner is under immediate danger of serious physical injury.
B. The court administrator of the Oklahoma courts shall maintain a registry of those prisoners who have had any cases dismissed as frivolous or malicious or for failure to state a claim upon which relief can be granted. The Attorney General, the General Counsel of the Department of Corrections, the district attorneys and general counsels of the various state agencies shall forward to the court administrator copies of all orders in which there was a finding the case filed by a prisoner was dismissed as frivolous or malicious or for failure to state a claim upon which relief can be granted.
Added by Laws 2001, c. 93, § 1, eff. Nov. 1, 2001.
§57-566.3. Application for in forma pauperis - Partial payment of court costs - Affidavit of inability to pay - Dismissal - Grievance procedures.
A. 1. If an applicant for in forma pauperis is a prisoner and the prisoner brings an action of any kind, upon filing, the court shall order the prisoner to pay, as a partial payment of any court costs required by law, before the commencement of the action, a first-time payment of twenty percent (20%) of the deposits of the preceding six (6) months to the trust account of the prisoner administered by the confining agency and thereafter monthly payments of twenty percent (20%) of the deposits of the preceding month to the account, but only if the prisoner does not have enough funds to pay the total costs required by law at the time of filing. In those cases where the prisoner has sufficient funds available, the prisoner shall be ordered to pay the required costs before the action may commence. The confining agency shall withdraw monies maintained in the trust account for payment of court fees and shall forward the monies collected at any time the monies exceed Ten Dollars ($10.00) to the appropriate court clerk, or clerks if multiple courts are involved, until the actual court costs are paid in full. If the prisoner is discharged before payment in full, the court clerk shall be notified of the reported forwarding address and date of discharge of the prisoner. The prisoner must file a certified copy of the trust account records of the prisoner with the court that reflects the balance and activity of the previous six (6) months at the time the petition is filed. If the prisoner is on probation or parole, the prisoner will file certified copies of bank or savings statements of the account and income receipts for the prior six (6) months.
2. Nothing in this section prevents a prisoner from authorizing payment beyond that required by law or the Department of Corrections or political subdivision from forwarding payment beyond that required by law if the prisoner has the funds available.
3. The court may dismiss any civil action in which the prisoner has failed to pay fees and costs assessed by the court and it is determined the prisoner has funds available and did not pay the required fees and costs.
4. If a prisoner is found to be indigent and totally without any funds pursuant to this section at the time of filing, the case may proceed without prepayment of fees or partial fees. Even in those cases where the court finds the prisoner is without funds, the court shall assess costs against the prisoner, establish a payment schedule and order the costs paid when the prisoner has funds.
B. 1. An affidavit of inability to pay containing complete information as to the identity of the prisoner, prisoner identification number, nature and amount of income, income of the spouse of the prisoner, property owned, cash or checking accounts, dependents, debts and monthly expenses shall be filed with the court. In addition to the information required above, the affidavit shall contain the following statements: "I am unable to pay the court costs at this time. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law.
2. The Attorney General or other counsel for the defendant shall be authorized to receive information from any source verifying the financial information given by the prisoner.
3. When considering the ability of a prisoner to pay fees and costs and establishing a payment schedule, the court shall consider, but is not limited to consideration of, the following:
a. all living support received by the person from any source, including the state, whether in money or any form of services,
b. any income of a spouse,
c. gifts,
d. savings accounts,
e. retirement plans,
f. trust accounts,
g. personal property,
h. inmate trust accounts, and
i. any dispositions of property, real or personal, in the past twelve (12) months.
C. A court, in which an affidavit of inability to pay has been filed, shall dismiss the action in whole or in part upon a finding that the allegation of poverty is false. If a portion of the action is dismissed, the court shall also designate the issues and defendants on which the action is to proceed without prepaying costs. This order is not subject to an interlocutory appeal.
D. In determining whether the allegation of poverty is false, the court is authorized to hold a hearing, before or after service of process, on its own motion or upon the motion of a party.
E. If the court concludes, based on information contained in the affidavit of inability to pay or other information available to the court, that the prisoner is able to prepay part of the fees or costs required, then the court shall order a partial payment to be made as a condition precedent to the commencement and further prosecution of the action.
F. Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that:
1. The allegation of poverty is untrue; or
2. The action or appeal:
a. is frivolous or malicious,
b. fails to state a claim on which relief may be granted, or
c. seeks monetary relief against a defendant who is immune from such relief.
G. 1. The Department of Corrections and each sheriff is hereby authorized to adopt a grievance procedure at its institutions for receiving and disposing of any and all grievances by prisoners against the Department or any officials or employees thereof or a sheriff, deputies of the sheriff or employees of the county, which arise while a prisoner is within the custody or under the supervision of the Department or sheriff. The grievances may include, but are not limited to, any and all claims seeking monetary damages or any other form of relief otherwise authorized by law. All such grievance procedures, including the prisoner disciplinary process, shall be deemed to be the exclusive internal administrative remedy for complaints and grievances.
2. No court of the State of Oklahoma shall entertain a grievance, petition, or complaint of a prisoner unless and until the prisoner has exhausted all the remedies as provided in the grievance procedure of the Director of the Department of Corrections or sheriff. Nothing in this section shall modify requirements of The Governmental Tort Claims Act.
3. Failure to timely institute administrative review of a claim shall be considered an abandonment, and upon motion of the defendants, supported by an affidavit of the defendant that the prisoner has failed to timely institute and exhaust the administrative remedy, the court shall enter a judgment of dismissal with prejudice in that cause of action. Strict adherence to the notice requirement established in the grievance procedures shall be complied with by the prisoner or the attorney of the prisoner.
4. In addition to any other provisions of law providing for the confidentiality of records of the Department of Corrections or a sheriff, all reports, investigations, and like supporting documents prepared by the Department or sheriff for purposes of responding to the request of a prisoner for an administrative remedy shall be deemed to be prepared in anticipation of litigation and are confidential and not subject to discovery by the prisoner in any civil action or subject to release under the Oklahoma Open Records Act. All formal written responses to the grievance of the prisoner shall be furnished to the prisoner as provided for in the grievance procedure.
5. Any prisoner who is allegedly aggrieved by an adverse decision by the Department of Corrections or a sheriff rendered pursuant to any grievance procedure must file the appropriate civil cause of action or application for extraordinary writ, within one hundred eighty (180) days after the final decision is issued and within the limitations period set forth in The Governmental Tort Claims Act, to the appropriate court alleging specifically what legal right was violated and what remedy exists.
H. Nothing in this section shall be construed as waiving the sovereign immunity or the tort immunity of the state, its agencies, officers or employees for injuries allegedly suffered while in the custody of the state and its agency or any county, sheriff, or officers or employees of the county for injuries allegedly suffered while in the custody of the county.
Added by Laws 2002, c. 402, § 10, eff. July 1, 2002. Amended by Laws 2004, c. 168, § 12, emerg. eff. April 27, 2004.
§57-566.4. Certain actions prohibited - Public records - Default judgment - Venue - Frivolous or malicious claims - Administrative fees - Judgments - Special report prior to answer.
A. No action may be brought in a court of this state by a prisoner for mental or emotional injury allegedly suffered while under arrest, being detained, or in custody or incarcerated without a prior showing of actual physical injury.
B. 1. Neither the state, any of its agencies or boards, the Department of Corrections, any county jail, city jail nor their members, agents, servants or employees shall be liable for any form of civil claim or action alleged to have arisen from any theory of contract law. No arrest or conviction resulting in detention or incarceration shall create any contractual obligation, either actual, implied or at common law, between the prisoner and the state, any of its agencies or boards, the Department of Corrections, any county jail, city jail nor their members, agents, servants or employees. No policy or internal management procedure issued for the management of the prison or jail shall constitute any contractual relationship or obligation between the state, agency, board, commission, prison, jail, or any of its officers, members, servants or employees, and the prisoner or any visitor to the prison or jail.
2. No tort action or civil claim may be filed against any employee, agent, or servant of the state, the Department of Corrections, or any county jail or any city jail alleging acts related to the duties of the employee, agent or servant, until all of the notice provisions of the Governmental Tort Claims Act have been fully complied with by the claimant. This requirement shall apply to any claim against an employee of the state, the Department of Corrections, or any county jail or city jail in either their official or individual capacity.
C. No civil action of any type may be brought seeking an injunction or temporary restraining order against any city, county or state agency, or any officer or employee thereof, brought by a plaintiff who is currently incarcerated in any jail, state prison or private prison in the state if the claim alleges matters arising from the incarceration of the plaintiff and related to management of the prison, including but not limited to, prison transfers, cell assignments, prison job or work assignments and disciplinary action.
D. In any complaint or allegation made by a prisoner against any person holding a license to any state court, agency, board, commission or association which issues any form of license, in which the state court, agency, board, commission or association has made a determination that the complaint of the prisoner is frivolous, malicious or without merit, the state court, agency, board, commission or association may sanction the prisoner as provided for by law.
E. No prisoner of any city or county jail or of any state, federal or private prison in Oklahoma or any person on parole or probation may obtain any public records maintained by any government entity and pertaining in any manner to any public employee, officer or to any citizen, or any criminal history record of any convicted felon. No prisoner, probationer or parolee may obtain without prepayment of the required fees and costs any other public record subject to release. The Director of the Department of Corrections shall promulgate a rule for the release of criminal history records available to the public which shall include the requirement that requests for criminal history records include the name of the person whose record is being requested and shall charge Fifteen Dollars ($15.00) for each completed request responded to in any form of written communication by the Department.
F. No default judgment shall be rendered against any person, city, county or state agency, or any officer or employee thereof, in any form of civil action brought by a plaintiff who is currently incarcerated in any jail, state prison or private prison in the state.
G. Venue for tort actions filed by a prisoner or a former prisoner of any state prison in the state shall be as follows:
1. Venue for actions filed by any prisoner of any state prison or private prison in which the state, the Department of Corrections, the Board of Corrections as a whole or individual members, or any officer or employee that has multicounty responsibilities is named as a party shall be in the county of the official residence of the Department of Corrections; and
2. Venue for tort actions filed by prisoners of a county jail or city jail, and not involving the Department of Corrections, but against the sheriff, jailer, county officials or employees, or city officials or employees shall be in the county where the jail is located.
The limitations on venue set out in this section shall also apply to tort actions filed by former prisoners, if said tort action is based on facts that occurred while the plaintiff was a prisoner.
H. The Attorney General, district attorneys and the general counsel of the Department of Corrections shall notify the Pardon and Parole Board of all lawsuits filed by any prisoner in which a determination was made by a court that the lawsuit was either frivolous or malicious.
I. The Department of Corrections may assess an administrative fee not to exceed Five Dollars ($5.00) for the processing of any grievance or disciplinary report that has been appealed to the Director and shall charge prisoners for the costs of any supplies, materials or services provided to the inmate at the request of the inmate. Any fees collected pursuant to this subsection shall be deposited into the Department of Corrections Revolving Fund. If the appeal of the grievance or the disciplinary report results in a finding in favor of the prisoner, all fees and costs collected pursuant to this section shall be returned to the prisoner.
J. Judgments rendered against prisoners and received by the Department of Corrections for, but not limited to, monetary damages, child support, transportation costs, filing fees, court costs, sanctions or attorney fees may be withdrawn by the Department from any funds deposited into a prison trust account of the prisoner and forwarded to the prevailing party.
K. Upon motion of the defendant or the court for a special report in any civil action filed by a prisoner or attorney of the prisoner against any party, the court shall stay all proceedings in the case and order the custodian or appropriate party to prepare a special report to the court prior to defendants being required to answer. The special report will order corrections officials or the appropriate party to undertake a review of the subject matter of the petition in order to provide the court with additional information for the processing of the claim of the prisoner, to ascertain the facts and circumstances, to consider whether any action can and should be taken by the institution or other appropriate officials to resolve the subject matter of the petition and to determine whether other like matters, whether pending in this court or elsewhere, are related to this matter and should be taken up and considered together. All reports made in the course of the review shall be attached to and filed with the special report, and a date the special report is due to the court shall be set. All pending motions are stricken without prejudice to their being reasserted after the special report is filed. All discovery under the Oklahoma Rules of Civil Procedure is stayed until the special report has been filed and any dispositive motions based on the special report are ruled upon. A copy of the special report shall be sent to the respective parties by the agency or person preparing the special report. Upon receipt of the special report, dispositive motions may be filed by the parties and the district court may properly dismiss the petition as being frivolous or malicious or for failure to state a claim, may grant summary judgment or order that the case may proceed under the Oklahoma Rules of Civil Procedure.
Added by Laws 2002, c. 402, § 11, eff. July 1, 2002. Amended by Laws 2004, c. 382, § 2, emerg. eff. June 3, 2004.
§57-566.5. Exhaustion of administrative and statutory remedies.
In any legal proceeding filed by an inmate, full and complete exhaustion of all administrative and statutory remedies on all potential claims against the state, the Department of Corrections, or an employee of the state or the Department of Corrections is a jurisdictional requirement and must be completed prior to the filing of any pleadings.
Added by Laws 2004, c. 168, § 13, emerg. eff. April 27, 2004. Amended by Laws 2005, c. 159, § 6, emerg. eff. May 10, 2005.
§57-566.6. Claims in form of lien arising from prosecution, incarceration, or supervision of inmate.
A. Claims in the form of a lien from an inmate or from a former inmate which arise from the prosecution, incarceration, or supervision of the inmate shall not be accepted by any county clerk, court clerk, county treasurer, or any official of this state having the authority to accept and file liens against persons or property in this state, unless the claim or lien is accompanied by a valid order from a court of competent jurisdiction.
B. Any lien filed by an inmate or on behalf of an inmate which arises from the prosecution, incarceration, or supervision of the inmate shall be void upon the filing of an affidavit that the lien arose out of an inmate claim or a claim on behalf of an inmate, unless the claim or lien is accompanied by a valid order from a court of competent jurisdiction.
Added by Laws 2004, c. 382, § 3, emerg. eff. June 3, 2004.
NOTE: Editorially renumbered from Title 57, § 566.5 to avoid a duplication in numbering.
§57-567. Bonds - Construction of bus renovation facility.
A. The State Board of Corrections is hereby authorized to provide, by resolution, for the issuance of revenue bonds in an amount not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) for the purpose of paying all or part of the cost of construction of a bus renovation facility to be located at an existing correctional facility or institution of this state selected by the Board. The principal of and the interest on the bonds shall be payable solely from the income and revenues to be derived from the operation of the facility. Bonds issued pursuant to the provisions of this section shall never constitute an obligation or debt of the State of Oklahoma. The bonds issued shall be dated, shall bear interest at such rate or rates not exceeding the comparable treasury bond rate of interest at the time of sale per annum, shall mature at such time not exceeding forty (40) years from their date of issuance, as may be determined by the Board, and may be made redeemable before maturity at the option of the Board at such price or prices and pursuant to such terms and conditions as may be fixed by the Board prior to the issuance of the bonds. The Board shall determine the form of the bonds, including any interest coupons to be attached thereto, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. If any officer whose signature or facsimile of whose signature appears on any bonds or coupons shall cease to be said officer before the delivery of the bonds, the signature or the facsimile shall nevertheless be valid and sufficient for all purposes the same as if the person had remained in office until such delivery. All bonds issued pursuant to the provisions of this section shall have all the qualities and incidents of negotiable instruments subject to the negotiable instruments law of this state. The bonds may be issued in coupon or in registered form, or both, as the Board may determine, and provisions may be made for the registration of any coupon bonds of any bonds registered as to both principal and interest. The Board may sell the bonds in such amounts and in such manner, either at public or private sale, and for such price, as it may determine to be in the best interest of this state. No such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than the comparable treasury bond rate of interest at the time of issuance per annum computed with relation to the absolute maturity of the bonds in accordance with the standard tables of bond values, excluding from such computation the amount of any premium to be paid on the redemption of any bonds prior to maturity.
B. The Board is hereby authorized to employ bond counsel for the purpose of advising the Board in regard to the issuance of such bonds pursuant to the provisions of this section. Provided, however, such bond counsel shall be selected pursuant to the provisions of the Oklahoma Central Purchasing Act. The Board is further authorized to enter into such contracts necessary to perform its duties pursuant to the provisions of this section and such contracts shall be subject to the provisions of the Oklahoma Central Purchasing Act.
C. The proceeds of the bonds issued shall be used solely for the payment of the cost of the facility for which such bonds have been issued, and shall be disbursed in such manner and pursuant to such restrictions, if any, as the Board may provide in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same. If the proceeds of the bonds issued, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided for in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds issued shall exceed such cost, the surplus shall be deposited to the credit of the sinking fund for such bonds.
D. Prior to the preparation of definitive bonds, the Board, subject to like restrictions, may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The Board may also provide for the replacement of any bonds which have become mutilated or were destroyed or lost.
Added by Laws 1986, c. 228, § 1, emerg. eff. June 10, 1986.
§57-570. Repealed by Laws 2001, c. 437, § 33, eff. July 1, 2001.
§57-571. Definitions.
As used in the Oklahoma Statutes, unless another definition is specified:
1. "Capacity" means the actual available bedspace as certified by the State Board of Corrections subject to applicable federal and state laws and the rules and regulations promulgated under such laws;
2. "Nonviolent offense" means any felony offense except the following, or any attempts to commit or conspiracy or solicitation to commit the following crimes:
a. assault, battery, or assault and battery with a dangerous weapon;
b. aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law;
c. poisoning with intent to kill;
d. shooting with intent to kill;
e. assault with intent to kill;
f. assault with intent to commit a felony;
g. assaults while masked or disguised;
h. murder in the first degree;
i. murder in the second degree;
j. manslaughter in the first degree;
k. manslaughter in the second degree;
l. kidnapping;
m. burglary in the first degree;
n. burglary with explosives;
o. kidnapping for extortion;
p. maiming;
q. robbery;
r. robbery in the first degree;
s. robbery in the second degree;
t. armed robbery;
u. robbery by two (2) or more persons;
v. robbery with dangerous weapon or imitation firearm;
w. child beating;
x. wiring any equipment, vehicle or structure with explosives;
y. forcible sodomy;
z. rape in the first degree;
aa. rape in the second degree;
bb. rape by instrumentation;
cc. lewd or indecent proposition or lewd or indecent act with a child;
dd. use of a firearm or offensive weapon to commit or attempt to commit a felony;
ee. pointing firearms;
ff. rioting;
gg. inciting to riot;
hh. arson in the first degree;
ii. injuring or burning public buildings;
jj. sabotage;
kk. criminal syndicalism;
ll. extortion;
mm. obtaining signature by extortion;
nn. seizure of a bus, discharging firearm or hurling missile at bus; or
oo. mistreatment of a mental patient.
Added by Laws 1984, c. 97, § 2, emerg. eff. April 4, 1984. Amended by Laws 1984, c. 275, § 1, emerg. eff. May 31, 1984; Laws 1993, c. 276, § 10, emerg. eff. May 27, 1993; Laws 2001, c. 437, § 30, eff. July 1, 2001.
§57-572. Repealed by Laws 2001, c. 437, § 33, eff. July 1, 2001.
§57-573. Repealed by Laws 2001, c. 438, § 2, eff. July 1, 2001.
§57-574. Repealed by Laws 2001, c. 437, § 33, eff. July 1, 2001.
§57-574.1. Repealed by Laws 1997, c. 133, § 609, eff. July 1, 1997.
§57-575. Repealed by Laws 2001, c. 437, § 33, eff. July 1, 2001.
§57-576. Repealed by Laws 2001, c. 437, § 33, eff. July 1, 2001.
§57-581. Short title - Legislative findings.
A. Sections 581 et seq. of this title shall be known and may be cited as the "Sex Offenders Registration Act".
B. The Legislature finds that sex offenders who commit other predatory acts against children and persons who prey on others as a result of mental illness pose a high risk of re-offending after release from custody. The Legislature further finds that the privacy interest of persons adjudicated guilty of these crimes is less important than the state's interest in public safety. The Legislature additionally finds that a system of registration will permit law enforcement officials to identify and alert the public when necessary for protecting the public safety.
Added by Laws 1989, c. 212, § 1, eff. Nov. 1, 1989. Amended by Laws 1995, c. 142, § 1, eff. July 1, 1995; Laws 1997, c. 260, § 2, eff. Nov. 1, 1997.
§57-582. Persons and crimes to which act applies.
A. The provisions of the Sex Offenders Registration Act, Section 581 et seq. of this title, shall apply to any person residing, working or attending school within the State of Oklahoma who, after November 1, 1989, has been convicted, whether upon a verdict or plea of guilty or upon a plea of nolo contendere, or received a suspended sentence or any probationary term, or is currently serving a sentence or any form of probation or parole for a crime or an attempt to commit a crime provided for in Section 7115 of Title 10 of the Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined in Section 7102 of Title 10 of the Oklahoma Statutes, Section 681, if the offense involved sexual assault, 741, if the offense involved sexual abuse or sexual exploitation, Section 843.1, if the offense involved sexual abuse or sexual exploitation, 865 et seq., 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1040.51, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes.
B. The provisions of the Sex Offenders Registration Act shall apply to any person who after November 1, 1989, resides, works or attends school within the State of Oklahoma and who has been convicted or received a suspended sentence at any time in any court of another state, a federal court, an Indian tribal court or a military court for a crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime provided for in any of said laws listed in subsection A of this section.
C. The provisions of the Sex Offenders Registration Act shall apply to any person who resides, works or attends school within the State of Oklahoma and who has received a deferred judgment at any time in any court of another state, a federal court, an Indian tribal court or a military court for a crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime provided for in Section 7115 of Title 10 of the Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined in Section 7102 of Title 10 of the Oklahoma Statutes, Section 681, if the offense involved sexual assault, 741, if the offense involved sexual abuse or sexual exploitation, Section 843.1, if the offense involved sexual abuse or sexual exploitation, 865 et seq., 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1040.51, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes. The provisions of the Sex Offenders Registration Act shall not apply to any such person while the person is incarcerated in a maximum or medium correctional institution of the Department of Corrections.
D. On the effective date of this act, any person registered as a sex offender pursuant to Section 741 of Title 21 of the Oklahoma Statutes shall be summarily removed from the Sex Offender Registry by the Department of Corrections and all law enforcement agencies of any political subdivision of this state, unless the offense involved sexual abuse or sexual exploitation.
Added by Laws 1989, c. 212, § 2, eff. Nov. 1, 1989. Amended by Laws 1993, c. 166, § 4, eff. Sept. 1, 1993; Laws 1995, c. 142, § 2, eff. July 1, 1995; Laws 1997, c. 260, § 3, eff. Nov. 1, 1997; Laws 1998, c. 347, § 1, eff. Nov. 1, 1998; Laws 1999, c. 336, § 1, eff. Nov. 1, 1999; Laws 2002, c. 20, § 2, emerg. eff. Feb. 28, 2002; Laws 2002, c. 460, § 34, eff. Nov. 1, 2002; Laws 2005, c. 123, § 1, eff. Nov. 1, 2005.
§57-583. Registration - Time limits - Duration - Information to be provided to offender.
A. Any person who becomes subject to the provisions of the Sex Offenders Registration Act on or after November 1, 1989, shall be registered as follows:
1. With the Department of Corrections within three (3) business days of being convicted or receiving a suspended sentence or any probationary term, including a deferred sentence imposed in violation of subsection G of Section 991c of Title 22 of the Oklahoma Statutes, if the person is not incarcerated, or within three (3) business days of release of the person from a correctional institution, except as provided in subsection B of this section;
2. With the local law enforcement authority having jurisdiction in the area where the person resides or intends to reside for more than seven (7) days. The registration is required within three (3) days after entering the jurisdiction of the law enforcement authority; and
3. With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration.
For purposes of this section, "local law enforcement authority" means:
a. the municipal police department, if the person resides or intends to reside or stay within the jurisdiction of any municipality of this state, or
b. the county sheriff, if the person resides or intends to reside or stay at any place outside the jurisdiction of any municipality within this state, and
c. the police or security department of any institution of higher learning within this state if the person:
(1) enrolls as a full-time or part-time student,
(2) is a full-time or part-time employee at an institution of higher learning, or
(3) resides or intends to reside or stay on any property owned or controlled by the institution of higher learning.
B. Any person who has been convicted of an offense or received a deferred judgment for an offense on or after November 1, 1989, in another jurisdiction, which offense if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of this title and who enters this state shall be registered as follows:
1. With the Department of Corrections when the person enters and intends to be in the state for any purpose for five (5) days or longer, has any type of full-time or part-time employment, with or without compensation for more than five (5) days, or is enrolled as a full-time or part-time student within this state. Such registration is required within two (2) days after entering the state;
2. With the local law enforcement authority having jurisdiction in the area where the person intends to reside or to stay for more than five (5) days, has any type of full-time or part-time employment, with or without compensation for more than five (5) days, or is enrolled as a full-time or part-time student within this state. The registration is required with local law enforcement within two (2) days after entering the jurisdiction of the law enforcement authority;
3. With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration; and
4. For persons convicted of an offense or receiving a deferred judgment in another jurisdiction requiring registration, which offense if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of this title, shall maintain the registration for a period of ten (10) years from the date the person was initially required to register in Oklahoma, unless the person was convicted of a crime that would be classified as an habitual or aggravated sex offender within the State of Oklahoma, at which time registration shall continue at all times.
C. When a person has been convicted or received probation within the State of Oklahoma and the person is not classified as an habitual or aggravated sex offender, the person shall be required to register for a period of ten (10) years from the date of the completion of the sentence and the information received pursuant to the registration with the Department of Corrections required by this section shall be maintained by the Department of Corrections for at least ten (10) years from the date of the last registration.
D. When a person has been convicted or received probation within the State of Oklahoma and the person is not classified as an habitual or aggravated sex offender, the person shall be required to register for a period of ten (10) years from the date of completion of the sentence and the information received pursuant to the registration with the local law enforcement authority required by this section shall be maintained by such authority for at least ten (10) years from the date of the last registration.
E. When registering an offender as provided in this section the Department of Corrections or the local law enforcement agency having jurisdiction shall:
1. Inform the offender of the duty to register and obtain the information required for registration as described in this section;
2. Inform the offender that if the offender changes address, the offender shall give notice of the move and the new address to the Department of Corrections and to the local law enforcement authority in the location in which the offender previously resided in writing no later than three (3) days before the offender establishes residence or is temporarily domiciled at the new address;
3. Inform the offender that if the offender changes address to another state, the offender shall give notice of the move and shall register the new address with the Department of Corrections and with a designated law enforcement agency in the new state not later than ten (10) days before the offender establishes residency or is temporarily domiciled in the new state, if the new state has a registration requirement;
4. Inform the offender that if the offender participates in any full-time or part-time employment, in another state, with or without compensation for more than fourteen (14) days or an aggregate period exceeding thirty (30) days in a calendar year, then the offender has a duty to register as a sex offender in that state;
5. Inform the offender that if the offender enrolls in any type of school in another state as a full-time or part-time student then the offender has a duty to register as a sex offender in that state;
6. Inform the offender that if the offender enrolls in any school within this state as a full-time or part-time student, then the offender has a duty to register as a sex offender with the Department of Corrections and the local law enforcement authority;
7. Inform the offender that if the offender participates in any full-time or part-time employment at any school, with or without compensation, or participates in any vocational course or occupation at any school in this state, then the offender has a duty to notify the Department of Corrections and the local law enforcement authority in writing of such employment or participation at least three (3) days before commencing or upon terminating such employment or participation;
8. Inform the offender that if the offender graduates, transfers, drops, terminates or otherwise changes enrollment or employment at any school in this state, then the offender shall notify the Department of Corrections and the local law enforcement authority in writing of such change in enrollment or employment within three (3) days of the change; and
9. Require the offender to read and sign a form stating that the duty of the person to register under the Sex Offenders Registration Act has been explained.
F. For the purpose of this section, the "date of the completion of the sentence" means the day an offender completes all incarceration, probation and parole pertaining to the sentence.
G. Any person who resides in another state and who has been convicted of an offense or received a deferred judgment for an offense in this state, or in another jurisdiction, which offense if committed or attempted in this state would have been punishable as one or more of the offenses listed in Section 582 of this title, and who is the spouse of a person living in this state shall be registered as follows:
1. With the Department of Corrections when the person enters and intends to be in the state for any purpose for five (5) days or longer or an aggregate period of five (5) days or longer in a calendar year. Such registration is required within two (2) days after entering the state; and
2. With the local law enforcement authority having jurisdiction in the area where the person intends to reside or to stay within this state for two (2) days or longer. The registration is required with local law enforcement within two (2) days after entering the jurisdiction of the law enforcement authority.
Added by Laws 1989, c. 212, § 3, eff. Nov. 1, 1989. Amended by Laws 1995, c. 142, § 3, eff. July 1, 1995; Laws 1997, c. 260, § 4, eff. Nov. 1, 1997; Laws 1999, c. 336, § 2, eff. Nov. 1, 1999; Laws 2000, c. 349, § 3, eff. Nov. 1, 2000; Laws 2001, c. 51, § 1, eff. July 1, 2001; Laws 2002, c. 153, § 1, emerg. eff. April 29, 2002; Laws 2004, c. 162, § 1, emerg. eff. April 26, 2004; Laws 2005, c. 1, § 83, emerg. eff. March 15, 2005; Laws 2005, c. 123, § 2, eff. Nov. 1, 2005.
NOTE: Laws 2004, c. 98, § 1 repealed by Laws 2005, c. 1, § 84, emerg. eff. March 15, 2005.
§57-584. Registration - Conviction data and fingerprints - Notice of address change - Notice of and access to registries - Blood and saliva samples - Immunity.
A. Any registration with the Department of Corrections required by the Sex Offenders Registration Act shall be in a form approved by the Department and shall include the following information about the person registering:
1. The person's name and all aliases used or under which the person has been known;
2. A complete description of the person, including a photograph and fingerprints, and when requested by the Department of Corrections, such registrant shall submit to a blood or saliva test for purposes of a deoxyribonucleic acid (DNA) profile. Submission to testing for individuals registering shall be within thirty (30) days of registration. Registrants who already have valid samples on file in the Oklahoma State Bureau of Investigation (OSBI) DNA Offender Database shall not be required to submit duplicate samples for testing;
3. The offenses listed in Section 582 of this title for which the person has been convicted or the person received a suspended sentence or any form of probation, where the offense was committed, where the person was convicted or received the suspended sentence or any form of probation, and the name under which the person was convicted or received the suspended sentence or probation;
4. The name and location of each hospital or penal institution to which the person was committed for each offense listed in Section 582 of this title;
5. Where the person previously resided, where the person currently resides, how long the person has resided there, how long the person expects to reside there, and how long the person expects to remain in the county and in this state. The Department of Corrections shall conduct address verification of each registered sex offender on an annual basis by mailing a nonforwardable verification form to the last reported address of the person. The person shall return the verification form in person to the local law enforcement agency of that jurisdiction within ten (10) days after receipt of the form and may be photographed by the local law enforcement agency at that time. The local law enforcement agency shall forward the form to the Department of Corrections within three (3) days after receipt of the form. The verification form shall be signed by the person and state the current address of the person. Failure to return the verification form shall be a violation of the Sex Offenders Registration Act. If the offender has been determined to be a habitual or aggravated sex offender by the Department of Corrections, the address verification shall be conducted every ninety (90) days. The Department of Corrections shall notify the district attorney's office and local law enforcement agency of the appropriate county, within forty-five (45) days if unable to verify the address of a sex offender. A local law enforcement agency may notify the district attorney's office whenever it comes to the attention of the local law enforcement agency that a sex offender is not in compliance with any provisions of this act; and
6. The name and address of any school where the person expects to become or is enrolled or employed for any length of time.
B. Conviction data and fingerprints shall be promptly transmitted at the time of registration to the Oklahoma State Bureau of Investigation (OSBI) and the Federal Bureau of Investigation (FBI) if the state has not previously sent the information at the time of conviction.
C. The registration with the local law enforcement authority required by the Sex Offenders Registration Act shall be in a form approved by the local law enforcement authority and shall include the following information about the person registering:
1. The person's full name, alias, date of birth, sex, race, height, weight, eye color, social security number, driver license number, and home address; and
2. A description of the offense for which the offender was convicted, the date of the conviction, and the sentence imposed, if applicable.
For purposes of this section, "local law enforcement authority" means:
a. the municipal police department, if the person resides or intends to reside or stay within the jurisdiction of any municipality of this state, or
b. the county sheriff, if the person resides or intends to reside or stay at any place outside the jurisdiction of any municipality within this state, and
c. the police or security department of any institution of higher learning within this state if the person:
(1) enrolls as a full-time or part-time student,
(2) is a full-time or part-time employee at an institution of higher learning, or
(3) resides or intends to reside or stay on any property owned or controlled by the institution of higher learning.
D. Any person subject to the provisions of the Sex Offenders Registration Act who changes an address shall give written notification to the Department of Corrections and the local law enforcement authority of the change of address and the new address no later than three (3) business days prior to the abandonment of or move from the current address. If the new address is under the jurisdiction of a different local law enforcement authority, the offender shall notify the new local law enforcement authority of any previous registration. The new local law enforcement authority shall notify the most recent registering agency by teletype or letter of the change in address of the offender. If the new address is in another state the Department of Corrections shall promptly notify the agency responsible for registration in that state of the new address of the offender.
E. The Department of Corrections shall maintain a file of all sex offender registrations. A copy of the information contained in the registration shall promptly be available to state, county and municipal law enforcement agencies, the State Superintendent of Public Instruction, and the National Sex Offender Registry maintained by the Federal Bureau of Investigation. The file shall promptly be made available for public inspection or copying pursuant to rules promulgated by the Department of Corrections and may be made available through Internet access. The Department of Corrections shall promptly provide all municipal police departments, all county sheriff departments and all campus police departments a list of those sex offenders registered and living in their county. The Superintendent of Public Instruction is authorized to copy and shall distribute information from the sex offender registry to school districts and individual public and private schools within the state with a notice using the following or similar language: "A person whose name appears on this registry has been convicted of a sex offense. Continuing to employ a person whose name appears on this registry may result in civil liability for the employer or criminal prosecution pursuant to Section 589 of Title 57 of the Oklahoma Statutes."
F. Each local law enforcement agency shall make its sex offender registry available upon request, without restriction, at a cost that is no more than what is charged for other records provided by the law enforcement agency pursuant to the Open Records Act.
When a law enforcement agency sends a copy of or otherwise makes the sex offender registry available to any public or private school offering any combination of prekindergarten through twelfth grade classes or child care facility licensed by the state, the agency shall provide a notice using the following or similar language: "A person whose name appears on this registry has been convicted of a sex offense. Continuing to employ a person whose name appears on this registry may result in civil liability for the employer or criminal prosecution pursuant to Section 589 of Title 57 of the Oklahoma Statutes."
G. Samples of blood or saliva for DNA testing required by subsection A of this section shall be taken by employees or contractors of the Department of Corrections. Said individuals shall be properly trained to collect blood or saliva samples. Persons collecting samples for DNA testing pursuant to this section shall be immune from civil liabilities arising from this activity. The Department of Corrections shall ensure the collection of samples is mailed to the Oklahoma State Bureau of Investigation (OSBI) within ten (10) days of the time the subject appears for testing. The Department shall use sample kits provided by the OSBI and procedures promulgated by the OSBI. Persons subject to DNA testing pursuant to this section shall be required to pay to the Department of Corrections a fee of Fifteen Dollars ($15.00). Any fees collected pursuant to this subsection shall be deposited in the Department of Corrections revolving account.
H. 1. Any person who has been convicted of or received a suspended sentence or any probationary term, including a deferred sentence imposed in violation of subsection G of Section 991c of Title 22 of the Oklahoma Statutes, for any crime listed in Section 582 of this title and:
a. who is subsequently convicted of a crime or an attempt to commit a crime listed in subsection A of Section 582 of this title, or
b. who enters this state after November 1, 1997, and who has been convicted of an additional crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime provided for in subsection A of Section 582 of this title,
shall be subject to all of the registration requirements of this act and shall be designated by the Department of Corrections as a habitual sex offender. A habitual sex offender shall be required to register for the lifetime of the habitual sex offender.
2. On or after November 1, 1999, any person who has been convicted of a crime or an attempt to commit a crime, received a suspended sentence or any probationary term, including a deferred sentence imposed in violation of subsection G of Section 991c of Title 22 of the Oklahoma Statutes, for a crime provided for in Section 7115 of Title 10 of the Oklahoma Statutes, if the offense involved sexual abuse or sexual exploitation as these terms are defined in Section 7102 of Title 10 of the Oklahoma Statutes, Section 885, 888, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes shall be subject to all the registration requirements of this act and shall be designated by the Department of Corrections as an aggravated sex offender. An aggravated sex offender shall be required to register for the lifetime of the aggravated sex offender.
3. Upon registration of any person designated as a habitual or aggravated sex offender, pursuant to this subsection, a local law enforcement authority shall notify, by any method of communication it deems appropriate, anyone that the local law enforcement authority determines appropriate, including, but not limited to:
a. the family of the habitual or aggravated sex offender,
b. any prior victim of the habitual or aggravated sex offender,
c. residential neighbors and churches, community parks, schools, convenience stores, businesses and other places that children or other potential victims may frequent, and
d. a nursing facility, a specialized facility, a residential care home, a continuum-of-care facility, an assisted living center, and an adult day care facility.
4. The notification may include, but is not limited to, the following information:
a. the name and physical address of the habitual or aggravated sex offender,
b. a physical description of the habitual or aggravated sex offender, including, but not limited to, age, height, weight and eye and hair color,
c. a description of the vehicle that the habitual or aggravated sex offender is known to drive,
d. any conditions or restrictions upon the probation, parole or conditional release of the habitual or aggravated sex offender,
e. a description of the primary and secondary targets of the habitual or aggravated sex offender,
f. a description of the method of offense of the habitual or aggravated sex offender,
g. a current photograph of the habitual or aggravated sex offender, and
h. the name and telephone number of the probation or parole officer of the habitual or aggravated sex offender.
5. The local law enforcement authority shall make the notification provided for in this subsection regarding a habitual or aggravated sex offender available to any person upon request.
I. Public officials, public employees, and public agencies are immune from civil liability for good faith conduct under any provision of the Sex Offenders Registration Act.
1. Nothing in the Sex Offenders Registration Act shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for failing to release information in accordance with the Sex Offenders Registration Act.
2. Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public of any persons that pose a danger under circumstances that are not enumerated in the Sex Offenders Registration Act.
Added by Laws 1989, c. 212, § 4, eff. Nov. 1, 1989. Amended by Laws 1991, c. 227, § 5, emerg. eff. May 23, 1991; Laws 1995, c. 142, § 4, eff. July 1, 1995; Laws 1997, c. 260, § 5, eff. Nov. 1, 1997; Laws 1998, c. 347, § 2, eff. Nov. 1, 1998; Laws 1999, c. 336, § 3, eff. Nov. 1, 1999; Laws 2000, c. 349, § 4, eff. Nov. 1, 2000; Laws 2001, c. 51, § 2, eff. July 1, 2001; Laws 2002, c. 235, § 2, emerg. eff. May 9, 2002; Laws 2003, c. 3, § 49, emerg. eff. March 19, 2003; Laws 2005, c. 175, § 1, emerg. eff. May 16, 2005; Laws 2005, c. 465, § 9, emerg. eff. June 9, 2005.
NOTE: Laws 2002, c. 20, § 3 repealed by Laws 2003, c. 3, § 50, emerg. eff. March 19, 2003. Laws 2002, c. 153, § 2 repealed by Laws 2003, c. 3, § 51, emerg. eff. March 19, 2003.
§57-585. Notifying offenders of obligation to register.
A. Each person in charge of a correctional institution from which a person subject to the provisions of the Sex Offenders Registration Act, Section 581 et seq. of this title, is released and each judge who suspends the sentence of a person subject to the provisions of the Sex Offenders Registration Act or orders any probationary term, including a deferred sentence imposed in violation of subsection G of Section 991c of Title 22 of the Oklahoma Statutes, for a person subject to the provisions of the Sex Offenders Registration Act shall prior to discharge or release of said person:
1. Explain to the person the duty to register pursuant to the Sex Offenders Registration Act;
2. Require the person to sign a written statement that the duty to register has been explained and the person understands the duty to register;
3. Obtain the address at which the person is to reside upon discharge or release; and
4. Forward said information to the Department of Corrections.
B. The Department of Public Safety shall issue written notification of the registration requirements of the Sex Offenders Registration Act to any person who enters this state from another jurisdiction and makes an initial application for an operator's or chauffeur's license to operate a motor vehicle in this state.
C. The Department of Corrections shall coordinate with the Administrative Office of the Courts in promulgating rules to establish other necessary procedures for notifying offenders of the obligation to register pursuant to this act and procedures for registration of those offenders.
D. The Department of Corrections shall coordinate with surrounding states to establish necessary procedures for notifying offenders that reside in other states but work or attend school within the State of Oklahoma of the obligation to register pursuant to this act and the procedure for registration of those offenders.
Added by Laws 1989, c. 212, § 5, eff. Nov. 1, 1989. Amended by Laws 1995, c. 142, § 5, eff. July 1, 1995; Laws 1997, c. 260, § 6, eff. Nov. 1, 1997; Laws 1999, c. 336, § 4, eff. Nov. 1, 1999; Laws 2000, c. 349, § 5, eff. Nov. 1, 2000.
§57586. False or misleading registration information.
No person subject to the provisions of the Sex Offenders Registration Act, Sections 581 et seq. of this title, shall furnish any false or misleading information in the registration required by said act.
Added by Laws 1989, c. 212, § 6, eff. Nov. 1, 1989. Amended by Laws 1995, c. 142, § 6, eff. July 1, 1995.
§57-587. Penalty.
Any person required to register pursuant to the provisions of the Sex Offenders Registration Act, Section 581 et seq. of this title, who violates any provision of said act shall, upon conviction, be guilty of a felony. Any person convicted of a violation of this section shall be punished by incarceration in a correctional facility for not more than five (5) years, a fine not to exceed Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
Added by Laws 1989, c. 212, § 7, eff. Nov. 1, 1989. Amended by Laws 1995, c. 142, § 7, eff. July 1, 1995; Laws 1997, c. 260, § 7, eff. Nov. 1, 1997; Laws 1998, c. 347, § 3, eff. Nov. 1, 1998; Laws 2001, c. 51, § 3, eff. July 1, 2001.
§57-588. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff. July 1, 1999.
§57-589. Registered offenders prohibited from certain employment - Penalties - Civil damages.
A. It is unlawful for any person registered pursuant to the Oklahoma Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act to work with or provide services to children or to work on school premises, or for any person or business which contracts for work to be performed on school premises to knowingly and willfully allow any employee to work with children or to work on school premises who is registered pursuant to the Oklahoma Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act. Upon conviction for any violation of the provisions of this subsection, the violator shall be guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00). In addition, the violator may be liable for civil damages.
B. A person or business who offers or provides services shall ensure compliance with subsection A of this section as provided by Section 6-101.48 of Title 70 of the Oklahoma Statutes.
C. It is unlawful for any law enforcement agency to employ any person as a peace officer or criminal investigator who has received a verdict of guilty or pled guilty or nolo contendere to any offense required to register pursuant to the Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act, including those receiving a verdict of guilt, pleading guilty or nolo contendere as part of a deferred judgment or other provision of law authorizing a delayed or suspended judgment or sentence. Every person receiving a verdict of guilty or pleading guilty or nolo contendere to any offense required to register pursuant to the Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act shall be prohibited from being certified by the Council on Law Enforcement Education and Training (CLEET) as a peace officer, private investigator, or security guard, and if at the time of the verdict or plea such person has been previously CLEET certified such certification shall be revoked. Any violator shall be guilty of a misdemeanor upon conviction of noncompliance with the provisions of this subsection.
Added by Laws 1998, c. 411, § 5, eff. July 1, 1998. Amended by Laws 1999, c. 200, § 1, emerg. eff. May 24, 1999; Laws 2002, c. 460, § 35, eff. Nov. 1, 2002; Laws 2004, c. 358, § 10, eff. Nov. 1, 2004.
§57-590. Residency restriction - Penalty.
It is unlawful for any person registered pursuant to the Oklahoma Sex Offenders Registration Act to reside within a two thousand-foot radius of any public or private school site or educational institution.
Nothing in this provision shall require any person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction of the person as a sex offender. Any person willfully violating the provisions of this section by intentionally moving into any neighborhood or to any real estate or home within the prohibited distance shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Three Thousand Dollars ($3,000.00) on a first offense, and any second or subsequent offense shall be punishable by incarceration for one (1) year in the county jail in addition to such fine.
Added by Laws 2001, c. 223, § 1, eff. Nov. 1, 2003.
§57-591. Short title.
Sections 1 through 9 of this act shall be known and may be cited as the "Mary Rippy Violent Crime Offenders Registration Act".
Added by Laws 2004, c. 358, § 1, eff. Nov. 1, 2004.
§57-592. Definition of local law enforcement authority.
As used in the Mary Rippy Violent Crime Offenders Registration Act, "local law enforcement authority" means:
1. The municipal police department, if the person resides or intends to reside or stay within the jurisdiction of any municipality of this state; or
2. The county sheriff, if the person resides or intends to reside or stay at any place outside the jurisdiction of any municipality within this state; and
3. The police or security department of any institution of higher learning within this state if the person:
a. enrolls as a full-time or part-time student,
b. is a full-time or part-time employee at an institution of higher learning, or
c. resides or intends to reside or stay on any property owned or controlled by the institution of higher learning.
Added by Laws 2004, c. 358, § 2, eff. Nov. 1, 2004.
§57-593. Applicability.
A. On and after November 1, 2004, the provisions of the Mary Rippy Violent Crime Offenders Registration Act shall apply to:
1. Any person residing, working or attending school in this state who is subsequently convicted of, or who receives a deferred judgment or suspended sentence for, any crime or attempted crime enumerated in subsection B of this section by any court in this state, another state, the United States, a tribal court, or a military court; or
2. Any person who subsequently enters this state for purposes of residence, work or to attend school and who has been previously convicted of or is subject to a deferred judgment, suspended sentence, probation or parole from any court of another state, the United States, a tribal court, or a military court for any crime or attempted crime which, if committed or attempted in this state, would be a crime substantially similar to any crime enumerated in subsection B of this section.
For purposes of this act, "convicted of" means an adjudication of guilt by a court of competent jurisdiction whether upon a verdict or plea of guilty or nolo contendere.
B. The following crimes and attempts to commit such crimes shall be registered under the Mary Rippy Violent Crime Offenders Registration Act:
1. First degree murder as provided for in Section 701.7 of Title 21 of the Oklahoma Statutes;
2. Second degree murder as provided for in Section 701.8 of Title 21 of the Oklahoma Statutes;
3. Manslaughter in the first degree as defined by Section 711 of Title 21 of the Oklahoma Statutes;
4. Shooting or discharging a firearm with intent to kill, use of a vehicle to facilitate the intentional discharge of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in Section 652 of Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as provided for in Section 653 of Title 21 of the Oklahoma Statutes;
6. Bombing as provided for in Section 1767.1 of Title 21 of the Oklahoma Statutes; and
7. Any crime or attempt to commit a crime constituting a substantially similar offense as stated in paragraphs 1 through 6 of this subsection adjudicated by any court of another state, the United States, a tribal court, or a military court.
C. The registration requirements of the Mary Rippy Violent Crime Offenders Registration Act shall not apply to any person while the person is incarcerated in a maximum or medium correctional institution of the Department of Corrections, a private correctional institution, or another state, federal, tribal or military facility, but shall apply to deferred, suspended, probation, parole and discharges.
Added by Laws 2004, c. 358, § 3, eff. Nov. 1, 2004.
§57-594. Registration requirements - Duty of local law enforcement authority to inform offender of requirements.
A. Any person who becomes subject to the provisions of the Mary Rippy Violent Crime Offenders Registration Act, shall be registered as follows:
1. With the Department of Corrections within three (3) business days after being convicted or receiving a deferred or suspended sentence, if the person is not incarcerated, or within three (3) business days after release of the person from a correctional institution, including parole release, except as provided in subsection B of this section;
2. With the local law enforcement authority having jurisdiction in the area where the person resides or intends to reside for more than seven (7) days. The registration is required within three (3) days after entering the jurisdiction of the law enforcement authority; and
3. With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration.
B. Any person who enters this state and is subject to the provisions of this act shall be registered as follows:
1. With the Department of Corrections when the person enters and intends to be in the state for any purpose for thirty (30) days or longer, has any type of full-time or part-time employment, with or without compensation for more than fourteen (14) days or an aggregate period exceeding thirty (30) days within a calendar year, or is enrolled as a full-time or part-time student within this state. Such registration is required within three (3) days after entering the state;
2. With the local law enforcement authority having jurisdiction in the area where the person intends to reside or to stay for more than seven (7) days, has any type of full-time or part-time employment, with or without compensation for more than fourteen (14) days or an aggregate period exceeding thirty (30) days within a calendar year, or is enrolled as a full-time or part-time student within this state. The registration is required with local law enforcement within three (3) days after entering the jurisdiction of the local law enforcement authority; and
3. With the Department of Corrections and the local law enforcement authority no less than three (3) business days prior to abandoning or moving from the address of the previous registration.
C. 1. The person shall be continuously registered during the term of the sentence, as provided in subsections A and B of this section, and for a period of ten (10) years after the date of the completion of the sentence.
2. Information received pursuant to the registration shall be maintained by the Department of Corrections for at least ten (10) years from the date of the completion of the offender's sentence.
3. The information received pursuant to the registration shall be maintained by the local law enforcement authority for at least ten (10) years from the date of the completion of the offender's sentence.
4. As used in this subsection, "date of the completion of the sentence" means the day an offender completes the entire term of the incarceration imposed by the sentence including any term that is deferred, suspended or subject to parole.
D. When registering an offender as provided in this section, the Department of Corrections or the local law enforcement authority having jurisdiction shall:
1. Inform the offender of the duty to register and obtain the information required for registration as described in this section;
2. Inform the offender that if the offender changes address, the offender shall give notice of the move and the new address to the Department of Corrections in writing no later than three (3) days before the offender establishes residence or is temporarily domiciled at the new address;
3. Inform the offender that if the offender changes address to another state, the offender shall give notice of the move and shall register the new address with the Oklahoma Department of Corrections and with a designated law enforcement agency in the new state not later than ten (10) days before the offender establishes residency or is temporarily domiciled in the new state, if the new state has a registration requirement;
4. Inform the offender that if the offender participates in any full-time or part-time employment, in another state, with or without compensation for more than fourteen (14) days or an aggregate period exceeding thirty (30) days in a calendar year, the offender shall register as a violent crime offender in that state, if the state has a registration requirement;
5. Inform the offender that if the offender enrolls in any type of school in another state as a full-time or part-time student, the offender shall register as a violent crime offender in that state, if the state has a registration requirement;
6. Inform the offender that if the offender enrolls in any type of school within this state as a full-time or part-time student, the offender shall register as a violent crime offender with the Department of Corrections and the local law enforcement authority;
7. Inform the offender that if the offender participates in any full-time or part-time employment at any school, with or without compensation, or participates in any vocational course or occupation at any school in this state, the offender shall notify the Department of Corrections and the local law enforcement authority in writing of the employment or participation at least three (3) days before commencing or upon terminating such employment or participation;
8. Inform the offender that if the offender graduates, transfers, drops, terminates, or otherwise changes enrollment or employment at any school in this state, the offender shall notify the Department of Corrections and the local law enforcement authority in writing of the change in enrollment or employment within three (3) days of the change; and
9. Require the offender to read and sign a form stating that the duty of the person to register under the Mary Rippy Violent Crime Offenders Registration Act has been explained to the offender.
Added by Laws 2004, c. 358, § 4, eff. Nov. 1, 2004.
§57-595. Form - Information required - Address verification - Notification of address change - Notification if address not verified - Transmission and availability of data - DNA testing - Habitual violent crime offender registration.
A. Any registration with the Department of Corrections required by the Mary Rippy Violent Crime Offenders Registration Act shall be in a form approved by the Department and shall include the following information about the person registering:
1. The name of the person and all aliases used or under which the person has been known;
2. A complete description of the person, including a photograph and fingerprints, and when requested by the Department of Corrections the registrant shall submit to a blood or saliva test for purposes of a deoxyribonucleic acid (DNA) profile. Submission to DNA testing shall be within thirty (30) days of notification by the Department. Registrants who already have valid DNA samples on file in the Oklahoma State Bureau of Investigation (OSBI) DNA Offender Database shall not be required to submit duplicate samples for testing;
3. The offense for which the person is required to register pursuant to the Mary Rippy Violent Crime Offenders Registration Act, where the offense was committed, where the person was convicted or received the deferred or suspended sentence, and the name under which the person was convicted or received the sentence;
4. The name and location of each hospital or penal institution to which the person was committed for each offense subject to this act;
5. Where the person previously resided, where the person currently resides, how long the person has resided there, how long the person expects to reside there, and how long the person expects to remain in the county and in this state; and
6. The name and address of any school where the person expects to enroll or is enrolled or employed for any length of time.
B. The Department of Corrections shall conduct address verification of each registered violent crime offender on an annual basis by mailing a nonforwardable verification form to the last-reported address of the person. The person shall return the verification form in person to the local law enforcement authority of that jurisdiction within ten (10) days after receipt of the form and may be photographed by the local law enforcement authority at that time. The local law enforcement authority shall forward the form to the Department of Corrections within three (3) days after receipt of the form. The verification form shall be signed by the person and state the current address of the person. Failure to return the verification form shall be a violation of the Mary Rippy Violent Crime Offenders Registration Act. The Department of Corrections shall have the authority to determine whether a person registered is a habitual violent offender. If the offender has been determined to be a habitual violent offender by the Department of Corrections, the address verification shall be conducted every ninety (90) days.
C. Any person subject to the provisions of the Mary Rippy Violent Crime Offenders Registration Act who changes an address shall give written notification to the Department of Corrections and the local law enforcement authority of the change of address and the new address no later than three (3) business days prior to the abandonment of or move from the current address. If the new address is under the jurisdiction of a different local law enforcement authority, the offender shall notify the new local law enforcement authority of any previous registration. The new local law enforcement authority shall notify the most recent registering agency by teletype or letter of the change in address of the offender. If the new address is in another state that has a registration requirement, the Department of Corrections shall promptly notify the agency responsible for registration in that state of the new address of the offender.
D. The Department of Corrections shall notify the district attorney's office and local law enforcement authority of the appropriate county, within forty-five (45) days if the Department is unable to verify the address of a violent crime offender. A local law enforcement authority may notify the district attorney's office whenever it comes to the attention of the local law enforcement authority that a violent crime offender is not in compliance with any provision of the Mary Rippy Violent Crime Offenders Registration Act.
E. Conviction data and fingerprints shall be promptly transmitted at the time of registration to the Oklahoma State Bureau of Investigation (OSBI) and the Federal Bureau of Investigation (FBI) if the state has not previously sent the information at the time of conviction.
F. The registration with the local law enforcement authority required by the Mary Rippy Violent Crime Offenders Registration Act shall be in a form approved by the local law enforcement authority and shall include the following information about the person registering:
1. The full name of the person, alias, date of birth, sex, race, height, weight, eye color, social security number, driver license number, and home address; and
2. A description of the offense for which the offender was convicted, the date of the conviction, and the sentence imposed, if applicable.
G. The Department of Corrections shall maintain a file of all violent crime offender registrations. A copy of the information contained in the registration shall promptly be made available to state, county, and municipal law enforcement agencies. The file shall promptly be made available for public inspection or copying pursuant to rules promulgated by the Department of Corrections. The Department of Corrections shall promptly provide all municipal police departments, all county sheriff departments, and all campus police departments a list of those violent crime offenders registered and living in their county or jurisdiction.
H. Each local law enforcement authority shall make its violent crime offender registry available upon request, without restriction, at a cost that is no more than what is charged for other records provided by the local law enforcement authority pursuant to the Oklahoma Open Records Act.
I. Samples of blood or saliva for DNA testing authorized by this section shall be taken by employees or contractors of the Department of Corrections. The individuals shall be properly trained to collect blood or saliva samples. The Department of Corrections shall ensure the collection of samples is mailed to the Oklahoma State Bureau of Investigation (OSBI) within ten (10) days after the subject appears for testing. The Department shall use sample kits provided by the OSBI and procedures promulgated by the OSBI. Persons subject to DNA testing pursuant to this section shall be required to pay to the Department of Corrections a fee of Fifteen Dollars ($15.00). Any fees collected pursuant to this subsection shall be deposited in the Department of Corrections Revolving Fund.
J. 1. Any person who has been convicted of or received a deferred or suspended sentence for any crime required to register pursuant to this act and:
a. who is subsequently convicted of a crime or an attempt to commit a crime listed in subsection B of Section 593 of this title, or
b. who enters this state after November 1, 2004, and who has been convicted of an additional crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime provided for in subsection B of Section 593 of this title,
shall be subject to all of the registration requirements of the Mary Rippy Violent Crime Offenders Registration Act and shall be designated by the Department of Corrections as a habitual violent crime offender. A habitual violent crime offender shall be required to register for the lifetime of the habitual violent crime offender.
2. Upon registration of any person designated as a habitual violent crime offender, a local law enforcement authority shall notify, by any method of communication it deems appropriate, anyone that the local law enforcement authority determines appropriate, including, but not limited to:
a. the family of the habitual violent crime offender,
b. any prior victim of the habitual violent crime offender,
c. residential neighbors and churches, community parks, schools, convenience stores, businesses and other places that children or other potential victims may frequent, and
d. a nursing facility, a specialized facility, a residential care home, a continuum-of-care facility, an assisted living center, and an adult day care facility.
3. The notification shall include, but is not limited to, the following information:
a. the name and physical address of the habitual violent crime offender,
b. a physical description of the habitual violent crime offender, including, but not limited to, age, height, weight and eye and hair color,
c. a description of the vehicle that the habitual violent crime offender is known to drive,
d. any conditions or restrictions upon the probation, parole or conditional release of the habitual violent crime offender,
e. a description of the primary and secondary targets of the habitual violent crime offender,
f. a description of the method of offense of the habitual violent crime offender,
g. a current photograph of the habitual violent crime offender, and
h. the name and telephone number of the probation or parole officer of the habitual violent crime offender.
4. The local law enforcement authority shall make the notification provided for in this subsection regarding a habitual violent crime offender available to any person upon request.
Added by Laws 2004, c. 358, § 5, eff. Nov. 1, 2004. Amended by Laws 2005, c. 465, § 10, emerg. eff. June 9, 2005.
§57-596. Immunity from civil liability.
Public officials, public employees, and public agencies are immune from civil liability for good faith conduct under any provision of the Mary Rippy Violent Crime Offenders Registration Act.
1. Nothing in the Mary Rippy Violent Crime Offenders Registration Act shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for failing to release information in accordance with the Mary Rippy Violent Crime Offenders Registration Act.
2. Persons collecting samples for DNA testing shall be immune from civil liabilities arising from the collection of blood and saliva samples.
3. Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public of any persons that pose a danger under circumstances that are not enumerated in the Mary Rippy Violent Crime Offenders Registration Act.
Added by Laws 2004, c. 358, § 6, eff. Nov. 1, 2004.
§57-597. Duties of persons in charge of correctional institutions and judges, Department of Public Safety and Department of Corrections - Notification - Rules - Coordination with surrounding states.
A. Each person in charge of a correctional institution from which a person subject to the provisions of the Mary Rippy Violent Crime Offenders Registration Act is released and each judge who defers or suspends the sentence of a person subject to the provisions of the Mary Rippy Violent Crime Offenders Registration Act shall prior to discharge or release of the person:
1. Explain to the person the duty to register pursuant to the Mary Rippy Violent Crime Offenders Registration Act;
2. Require the person to sign a written statement that the duty to register has been explained and the person understands the duty to register;
3. Obtain the address at which the person is to reside upon discharge or release; and
4. Forward the information to the Department of Corrections.
B. The Department of Public Safety shall issue written notification of the registration requirements of the Mary Rippy Violent Crime Offenders Registration Act to any person who enters this state from another jurisdiction and makes an initial application for a driver license to operate a motor vehicle in this state, or for a state identification card.
C. The Department of Corrections shall coordinate with the Administrative Office of the Courts in promulgating rules to establish other necessary procedures for notifying offenders of the obligation to register pursuant to the Mary Rippy Violent Crime Offenders Registration Act and procedures for registration of those offenders.
D. The Department of Corrections shall coordinate with surrounding states to establish necessary procedures for notifying offenders that reside in other states but work or attend school within the State of Oklahoma of the obligation to register pursuant to the Mary Rippy Violent Crime Offenders Registration Act and the procedure for registration of those offenders.
Added by Laws 2004, c. 358, § 7, eff. Nov. 1, 2004.
§57-598. Provision of false or misleading information.
No person subject to the provisions of the Mary Rippy Violent Crime Offenders Registration Act shall furnish any false or misleading information in the registration required by the Mary Rippy Violent Crime Offenders Registration Act.
Added by Laws 2004, c. 358, § 8, eff. Nov. 1, 2004.
§57-599. Violation - Penalties.
Any person required to register pursuant to the provisions of the Mary Rippy Violent Crime Offenders Registration Act who violates any provision of the act shall, upon conviction, be guilty of a felony. Any person convicted of a violation of this section shall be punished by incarceration in a correctional facility for not more than five (5) years, a fine not to exceed Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
Added by Laws 2004, c. 358, § 9, eff. Nov. 1, 2004.
§57-601. Short title.
This act shall be known as the "Interstate Corrections Compact".
Added by Laws 1980, c. 149, § 1, eff. Oct. 1, 1980.
§57-602. Authorization to execute compact - Text.
The Governor of Oklahoma is hereby authorized and requested to execute, on behalf of the State of Oklahoma, with any other state or states legally joining therein a compact which shall be in form substantially as follows:
The contracting states solemnly agree that:
Article I
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, and with the federal government, thereby serving the best interest of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
Article II
As used in this compact, unless the context clearly requires otherwise:
1. "State" means a state of the United States, the United States of America, a territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico;
2. "Sending state" means a state party to this compact in which conviction or court commitment was had;
3. "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had;
4. "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution; and
5. "Institution" means any penal or correctional facility including, but not limited to, a facility for the mentally ill or mentally defective, in which inmates may lawfully be confined.
Article III
A. Each party state may make one or more contracts with any one or more of the other party states, or with the federal government, for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
1. Its duration;
2. Payments to be made to the receiving state or to the federal government, by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance;
3. Participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom;
4. Delivery and retaking of inmates; and
5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
B. The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto and nothing in any such contract shall be inconsistent therewith.
Article IV
A. Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to subsection C of this section shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
B. The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
C. Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state, provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III, subsection A.
D. Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
E. All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
F. Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subsection, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
G. Any inmate confined pursuant to this compact shall be released within the territory of the sending state, unless the inmate and the sending and receiving states shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
H. Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.
I. The parents, guardian, trustee or other person or persons entitled under the laws of the sending state to act for, advise or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
Article V
A. Any decision of the sending state in respect to any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharge from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
B. An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
Article VI
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto; and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.
Article VII
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
Article VIII
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate official of all other party states. An actual withdrawal shall not take effect until one (1) year after the notice provided in said statute has been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
Article IX
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
Article X
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Added by Laws 1980, c. 149, § 2, eff. Oct. 1, 1980.
§57-610. Repealed by Laws 1997, c. 133, § 608, emerg. eff. April 22, 1997.
§57-611. Repealed by Laws 1997, c. 133, § 608, emerg. eff. April 22, 1997.
§57-612. Persons convicted of driving under influence of alcohol or other intoxicant or controlled dangerous substance - Processing, classification and assignment.
A. Any person convicted of violating the provisions of Section 11-902 of Title 47 of the Oklahoma Statutes and sentenced to the custody of the Department of Corrections shall be processed through the Lexington Assessment and Reception Center or other location determined by the Director of the Department of Corrections, classified and assigned as follows:
1. To the Department of Mental Health and Substance Abuse Services for substance abuse treatment, if the person is evaluated to be receptive to treatment and not deemed by the Department of Corrections to be a security risk. The inmate may be required to reimburse the Department of Mental Health and Substance Abuse Services for all or part of the actual cost incurred for treatment of the inmate while the inmate is assigned to the Department of Mental Health and Substance Abuse Services. The Department of Corrections shall determine whether the inmate has the ability to pay for all or part of the cost of treatment. While assigned to a Department of Mental Health and Substance Abuse Services treatment program the inmate shall comply with the rules and regulations as agreed upon by the Department of Mental Health and Substance Abuse Services and the Department of Corrections. Any infraction of said rules may result in the inmate's reassignment to a correctional facility of the Department of Corrections. Upon successful completion of the treatment program the inmate shall be properly reassigned by the Department of Corrections for the completion of the sentence imposed by the court. Prior to discharge from the treatment facility, the treatment facility shall forward to the Department of Corrections a report and discharge summary including arrangements and recommendations for further disposition and follow-up treatment;
2. To an inpatient substance abuse treatment program with the offender paying for the treatment. Upon successful completion of the inpatient treatment program, the offender may be assigned to a halfway house, structured community placement, or home placement with the advice of the treatment provider. The Department of Corrections shall require as a condition of any assignment that the offender have electronic monitoring or ignition interlock device requirements, or both, as a condition of placement. The offender shall be responsible for all costs and fees associated with electronic monitoring, ignition interlock device, and supervision; or
3. To a correctional facility when:
a. the person is evaluated not to be receptive to treatment,
b. the person is evaluated to be a security risk, or
c. the person requires educational, medical or other services or programs not available in the community setting as determined by the Department.
B. As used in this section:
1. "Substance abuse treatment program" means a residential or outpatient program certified by the Department of Mental Health and Substance Abuse Services and selected by the Department of Corrections to provide substance abuse treatment for the inmate;
2. "Electronic monitoring" means monitoring of the inmate within a specified location or locations in a community setting by means of an electronic bracelet or other device; and
3. "Ignition interlock device" means a device that, without tampering or intervention by another person, would prevent the defendant from operating a motor vehicle if the defendant has a blood or breath alcohol concentration of five-hundredths (0.05) or greater.
Added by Laws 1993, c. 276, § 14, emerg. eff. May 27, 1993. Amended by Laws 1998, c. 89, § 8, eff. July 1, 1998; Laws 1999, c. 170, § 3, eff. Nov. 1, 1999.
§57-613. Central Region Probation and Parole offices - Relocation - Purchase or lease - Purchase of building.
On or before January 1, 1995, the Central Region Probation and Parole offices currently located at 4545 North Lincoln Boulevard, Oklahoma City, Oklahoma County, 4512 South May Avenue, Oklahoma City, Oklahoma County, 611 West Sheridan, Oklahoma City, Oklahoma County, and 1128 North Midwest Boulevard, Midwest City, Oklahoma County, may be relocated to one site in Oklahoma County. The new office location shall be accessible to the offenders assigned to the Central Region Probation and Parole offices and the new office space shall consist of sufficient square footage to accommodate staff offices, classrooms, program areas, staff conference areas, records and computer areas, general storage areas, offender interview rooms, mail room, reception area, laboratory area, photo area, secure firearms storage areas, security equipment storage areas and other necessary areas for operation of the probation and parole services to offenders. The Department of Corrections is hereby authorized to purchase a building or enter into a lease-purchase agreement for such building, subject to legislative appropriations. The Department of Corrections shall comply with those provisions of the Department of Central Services pertaining to building purchases, lease-purchase agreements and acquisition of office space.
Added by Laws 1994, c. 174, § 2, eff. Sept. 1, 1994.
§57-614. Faith-based programs - Legislative findings and intent - Duties of Department of Corrections and private correctional facilities.
The Legislature finds and declares that faith-based programs offered in state and private correctional institutions and facilities have the potential to facilitate inmate institutional adjustment, to help inmates assume personal responsibility, and to reduce recidivism. It is the intent of the Legislature that the Department of Corrections and private vendors operating private correctional facilities work towards ensuring the availability and development of such programs at the correctional institutions and facilities of this state and shall continuously:
1. Measure recidivism rates for all inmates participating in faith-based or religious programs at the correctional institution or facility;
2. Work with volunteers ministering to inmates from various faith-based institutions in this state to improve the quality of faith-based programs at the correctional institution or facility;
3. Continue to develop community linkages with churches, synagogues, mosques, and other faith-based institutions to assist in the release of participants into the community; and
4. Monitor faith-based programs operating in the correctional institution or facility.
Added by Laws 2003, c. 346, § 3, emerg. eff. May 29, 2003.
§57-621. Repealed by Laws 2002, c. 384, § 4, emerg. eff. June 4, 2002.
§57-622. Repealed by Laws 2002, c. 384, § 4, emerg. eff. June 4, 2002.
§57-623. On-site primary medical treatment programs.
The Department of Corrections is authorized to operate on-site primary medical treatment programs using employed or contracted providers at facilities operated by the Department. Any registered nurse or licensed practical nurse, as defined in Section 567.3a of Title 59 of the Oklahoma Statutes, who is employed under such medical treatment programs may administer nonprescription drugs, as defined in Section 353.1 of Title 59 of the Oklahoma Statutes, to inmates without specific physician authorization.
Added by Laws 2000, 1st Ex.Sess., c. 8, § 3, eff. July 1, 2000. Amended by Laws 2002, c. 56, § 1, eff. July 1, 2002.
§57-624. Repealed by Laws 2002, c. 384, § 4, emerg. eff. June 4, 2002.
§57-625. Repealed by Laws 2002, c. 384, § 4, emerg. eff. June 4, 2002.
§57-626. Repealed by Laws 2002, c. 112, § 17, eff. Dec. 31, 2002.
§57-987.24. Renumbered as § 557.1 of this title by Laws 1997, c. 333, § 26, emerg. eff. June 9, 1997.
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