Title 57. Prisons and Reformatories
§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 Repealed by Laws 1978, c. 244, § 42, eff.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. Contraband in jails or penal institutions - 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, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
B. If an inmate is found to be in possession of any item prohibited by this section, upon conviction, such inmate shall be guilty of a felony and shall be punished by imprisonment for a term of not less than five (5) years nor more than twenty (20) years in the custody of the Department of Corrections.
C. If the person found to be in possession of any item prohibited by this section has committed, prior to the commission of an offense in violation of this section, two or more felony offenses, and the possession of contraband in violation of this section is within ten (10) years of the completion of the execution of the sentence for any prior offense, such person, upon conviction, shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections 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.
D. 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, cigarettes, cigars, snuff, chewing tobacco, or any other form of tobacco product shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
E. Any person who knowingly, willfully and without authority brings into or has in his or her possession in any secure area of a jail or state penal institution or other secure place where prisoners are located any cellular phone or electronic device capable of sending or receiving any electronic communication shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding two (2) years, or by a fine not exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment.
F. “Electronic communication” means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photo-electronic, or photo-optical system, and includes, but is not limited to, the transfer of that communication through the Internet.
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; Laws 2008, c. 366, 5, emerg. eff. June 3, 2008; Laws 2009, c. 459, § 1, emerg eff. June 2, 2009.
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, tobacco products, 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 custody of the Department of Corrections 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. Amended by Laws 2008, c. 366, § 6, emerg. eff. June 3, 2008.
§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 sentence was ordered by the court 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 may 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; Laws 2008, c. 366, § 7, eff. July 1, 2009.
§57-38. Jail reimbursement rate - Reimbursement for medical expenses.
Until January 1, 2007, 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 act 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. Effective January 1, 2007, 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-seven Dollars ($27.00) 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 act 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; Laws 2006, 2nd Ex.Sess., c. 74, § 8.
§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.
§57-38.2. Reimbursement for incarceration ordered as an intermediate sanction.
The Department of Corrections shall reimburse each county in an amount not to exceed Thirty Dollars ($30.00) per offender per day for county jail incarceration that is ordered as an intermediate sanction for eligible offenders under the provisions of subsection B of Section 991b and subsection H of Section 991c of Title 22 of the Oklahoma Statutes.
Added by Laws 2006, c. 288, § 1, eff. July 1, 2006.
§57-38.3. Reimbursement and payment for medical care and treatment.
A. As used in this section:
1. “Emergency care” means the medical or surgical care necessary to treat the sudden onset of a potentially life- or limb-threatening condition or symptom;
2. “Dental emergency” means acute problems in the mouth exhibiting symptoms of pain, swelling, bleeding or elevation of temperature; and
3. “Mental health emergency” means a person exhibiting behavior due to mental illness that may be an immediate threat to others or himself or herself that renders the person incapable of caring for himself or herself.
B. The Department of Corrections shall reimburse health care providers for medical care and treatment for inmates retained in county jails after a certified copy of a judgment and sentence has been entered pursuant to the provisions of Section 980 of Title 22 of the Oklahoma Statutes or pursuant to the provisions of Section 988.12 or 991a-2 of Title 22 of the Oklahoma Statutes. Health care providers that are in the network established by the Department of Corrections in conjunction with the State and Education Employees Group Insurance Board shall be reimbursed according to the fee schedule established for that network; provided, that reimbursement will be no less than the fee structure that was in effect January 1, 2007, or the current fee schedule, whichever is greater. Health care providers that are out of network shall be reimbursed according to the Oklahoma Medicaid Fee Schedule; provided, that reimbursement shall be no less than the fee structure that was in effect January 1, 2007, or the current fee schedule, whichever is greater. Prior to obtaining nonemergency care outside the county jail facility, authorization must be received from the Department of Corrections. For any emergency care, dental emergency or mental health emergency care obtained outside the county jail facility, the Department of Corrections must be notified within twenty-four (24) hours. The Department of Corrections is hereby authorized to reject claims if proper notification has not been provided.
C. The sheriff shall be responsible for providing and paying for medical, dental and mental health care screening when an inmate is admitted, routine sick calls within the county jail and access to on-site physician services as is routinely provided for all inmates in the custody of the sheriff and as provided by Section 52 of Title 57 of the Oklahoma Statutes.
D. The Department of Corrections shall pay the pharmacy provider for medications provided to inmates retained in county jails after a certified copy of a judgment and sentence has been entered pursuant to the provisions of Section 980 of Title 22 of the Oklahoma Statutes or pursuant to the provisions of Section 988.12 or 991a-2 of Title 22 of the Oklahoma Statutes. If the pharmacy provider is a Medicaid provider, the pharmacy provider must bill the Department at Medicaid rates. The county jail shall be responsible for paying for any medications that are not listed on the Department of Corrections formulary, unless the county jail receives a written exception from the Department.
E. Dental and mental health care shall be provided through the designated host facility of the Department of Corrections for inmates retained in county jails after a certified copy of a judgment and sentence has been entered pursuant to the provisions of Section 980 of Title 22 of the Oklahoma Statutes or pursuant to the provisions of Section 988.12 or 991a-2 of Title 22 of the Oklahoma Statutes. Each county jail is encouraged to work with local community mental health centers to provide necessary medications and emergency services that would be reimbursed pursuant to the provisions of this subsection.
F. The sheriff shall be responsible for transportation and security of inmates to all outside health care appointments including host facilities of the Department of Corrections.
G. Neither the Department of Corrections nor the sheriff shall be responsible for the cost of health care while an inmate is on escape status or for any injury incurred while on escape status.
H. The Department of Corrections shall not be responsible for payment of health care of inmates housed in the county jail under the following circumstances:
1. Prior to entry of a certified judgment and sentence pursuant to the provisions of Section 980 of Title 22 of the Oklahoma Statutes;
2. When an inmate is detained in the county jail pursuant to a writ of habeas corpus;
3. When an inmate is detained in the county jail for additional cases pending after a certified copy of the judgment and sentence has been entered;
4. When an inmate is detained in the county jail and his or her status is on hold for another jurisdiction; or
5. When an inmate is detained in the county jail and the inmate is sentenced to county jail time only.
Added by Laws 2008, c. 366, § 8, emerg. eff. June 3, 2008.
§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 Fifty Dollars ($50.00) 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; Laws 2008, c. 413, § 4, eff. Nov. 1, 2008.
§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 and correctional facilities of this state, all jailers, jail directors, keepers of the jail, sheriffs, deputies, correctional employees, or any other law enforcement personnel working within the county jail or correctional facility may, upon the approval of the sheriff or facility head, be served the same meals served to the prisoners within such county jail or correctional facility. There shall be no cost to the law enforcement personnel for such meals. The county sheriff or facility head shall pay for these meals out of the funds appropriated to the county sheriffs or the State Department of Corrections. 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. Amended by Laws 2009, c. 229, § 1, eff. Nov. 1, 2009.
§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 or detention center - 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 C