US Laws, Codes, Statutes & Cases

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  Repealed by Laws 1978, c. 244, § 42, eff.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