Req. No. 10206
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3133 By: Kendrix
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2021,
Section 2-3-103, which relates to transporting
children; removing mandatory require ments; modifying
dollar amounts; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -3-103, is
amended to read as follows:
Section 2-3-103. A. Provision shall be made for the temporary
detention of children in a juvenile detention facility or the court
may arrange for the care and custody of such children temporarily in
private homes, subject to the supervision of the court, or the cour t
may provide shelter or may enter into a contract with any
institution or agency to receive, for temporary care and custody,
children within the jurisdiction of the court. The Office of
Juvenile Affairs shall not be ordered to provide detention unless
said Office has designated and is operating detention services or
facilities. Req. No. 10206
B. County sheriffs, their designee, private contractors u nder
contract with the Of fice of Juvenile Affairs for transportation
services, or juvenile court officers shall may provide for the
transportation of juveniles to and from secure detention for
purposes of admission, interfacility transfer, discharge, medic al or
dental attention, court appearance, or placement designated by the
Office. No private contract for transportation s ervices shall be
entered into by the Office unless the private contractor
demonstrates to the satisfaction of the Office that such con tractor
is able to obtain ins urance or provide self -insurance to indemnify
the Office against possible lawsuits and meets the requirements of
subparagraphs a, b and d of paragraph 4 of subsection C of this
section. The Office of Juvenile Affairs shall not be ordered to
provide transportation for a juvenile who is detained in or is
destined for secure detention. The Office of Juvenile Affairs shall
provide reimbursement to the entity transporting juven iles for
necessary and actual expenses for transporting juveniles who are
detained in or destined for a secure detention center as follows:
1. A fee for the cost of personal se rvices at the rate of
Twelve Dollars ($12.00) Seventeen Dollars ($17.00) per hour;
2. Mileage reimbursement for each mile actually tr aveled at the
rate established in the State Travel Reimb ursement Act;
3. Meals for transporting personnel, not to exceed Six Dollars
($6.00) Ten Dollars ($10.00) per meal; and Req. No. 10206
4. Meals for juveniles being transported, not to exceed Six
Dollars ($6.00) Ten Dollars ($10.00) per meal.
The Office of Juvenile Affairs shall process and mail
reimbursement claims within sixty (60) days of receipt. Payments
for services provided by a county sheriff 's office shall be paid to
the county and deposited in the service fee account of the sheriff.
C. 1. All juvenile detention facilities shall be certified by
the Office of Juvenile Affair s. To be certified, a juvenile
detention facility shall be required to meet st andards for
certification promulgated by the Board of J uvenile Affairs.
2. The board of county commissioners of every county shall
provide for the tempo rary detention of a chil d who is or who may be
subject to secure detention and may construct a building or rent
space for such purpose. The boards of county commissioners shall
provide for temporary detention services and facilities in
accordance with the provisions of the State Plan for the
Establishment of Juvenile Detention Services adopted pursuant to
subsection D of this section and in accordance with sub sections A
and C of Section 2-7-608 of this title. The boards of county
commissioners are hereby authorized to create mul ticounty trust
authorities for the purpose of operating juvenile detention
facilities.
3. In order to operate the juvenile detention facilities
designated in the State Plan for the Establishment of Juvenile Req. No. 10206
Detention Services and i n subsections A and C of Section 2-7-608 of
this title, the boards of county commissioners in the desig nated
host counties shall:
a. operate the juvenile dete ntion facility through a
statutorily constituted juvenile bureau subject to the
supervision of the district court, or
b. operate the juvenile detention facility by employing a
manager who may employ pe rsonnel and incur other
expenses as may be necessary fo r its operation and
maintenance, or
c. contract with a public agency, private agency,
federally recognized tribe, or singl e or multi-county
trust authority for the operation of the juvenile
detention facility. In the event any board of county
commissioners contracts with a public or private
agency or a federally recognized tribe, pursuant to
the provisions of this section, t he Office is
authorized to directly contract with and pay such
public or private agency or federally recognized tribe
for provision of detention services. Any contract
with a federally recognized tribe shall become
effective upon approval by the board of county
commissioners. Req. No. 10206
4. Management contracts for privately operated detention
facilities shall be negotiated with the firm found mos t qualified by
the board of county commissioners. However, no private management
contract shall be entered into by the bo ard unless the private
contractor demonstrates to the satisfaction of the board :
a. that the contractor has the qualifications,
experience, and personnel necessary to implement the
terms of the contract,
b. that the financial condit ion of the contractor is such
that the term of the contract can be fulfilled,
c. that the ability of th e contractor to obtain insurance
or provide self-insurance to indemnify the county
against possible lawsuits and to compensate the county
for any property damage or expenses inc urred due to
the private operation of the juvenile detention
facility, and
d. that the contractor has the ability to comply with
applicable court orders and rules of the Office of
Juvenile Affairs.
5. All counties to be served by a secure juvenile detenti on
facility may, upon the opening of such facility, contract with the
operators for the use of the facility for the temporary detentio n of
children who are subject to secure detention; provided, however, a
jail, adult lockup, or oth er adult detention facil ity may be used Req. No. 10206
for the secure detention of a child as provided for in Section 2-3-
101 of this title.
6. Expenses incurred in carryin g out the provisions of this
section shall be paid from the general fund of the county or from
other public funds lawfully appropriated for such purposes or from
private funds that are available for su ch purposes. A county may
also issue bonds for the con struction of detention facilities.
7. The operation of a juvenile detention facility by a county
shall constitute a quasi -judicial function and is also hereby
declared to be a function of the State of Oklahoma for purposes of
the Eleventh Amendment to the United States Constitution. In
addition, no contract authorized by the provisions of this sectio n
for the providing of t ransportation services or for the operation of
a juvenile detention facility sh all be awarded until the contractor
demonstrates to the satisfaction of the county that the contractor
has obtained liability insurance with the limits s pecified by The
Governmental Tort Claims Act against lawsuits arising from the
operation of the juvenil e detention facility by the contractor, or
if the contract is for the providing of transportation services, the
contractor has obtained liability insuran ce with the limits
specified by The Governmental Tort Claims Act against lawsuits
arising from the tran sportation of juveniles as authorized by
subsection A of this section. Req. No. 10206
D. The Board of Juvenile Affairs, from monies appropriated for
that purpose, shall develop, adopt, and im plement a plan for secure
juvenile detention services and alternatives to secur e detention, to
be known as the State Plan for the Esta blishment of Juvenile
Detention Services, which shall provide for the establishment of
juvenile detention facilities and s ervices with due regard for
appropriate geographical distribution and existing juvenile
detention programs operated by statutorily con stituted juvenile
bureaus. Said plan may be amended or modified by the Board as
necessary and appropriate. Until said pl an is adopted by the Board,
the plan adopted by the Commission for Human Servic es shall remain
in effect.
1. The Board of Juvenile Af fairs shall establish procedures for
the letting of contracts or grants, including grants to exist ing
juvenile detention p rograms operated by statutorily constituted
juvenile bureaus, and the condition s and requirements for the
receipt of said grants or co ntracts for juvenile detention services
and facilities as provided in this section and Section 2 -7-401 of
this title. A copy of such procedures shall be made available to
any member of the general pub lic upon request. All such grants or
contracts shall require the participation of local resources in the
funding of juvenile detention facilities. A co ntract for services
shall be based upon a formula approved by the Board which shall set Req. No. 10206
the contract amount in accordance with the services offered and the
degree of compliance with standards for certification.
2. The Board of Juvenile Affairs shall estab lish standards for
the certification of detention services and juvenile detention
facilities. Such sta ndards may include, but not be limited to:
screening for detention; education and recreation opportunities for
juveniles in secure detention; and accredi tation by the American
Correctional Association. As a condition of continuing eligibility
for grants or contracts, secure juvenile detention services and
facilities shall be certified by the Board within two (2) years of
the date of the initial grant or c ontract.
E. The State Department of Health, with the assistance of the
Office of Juvenile Affairs, sha ll establish standards for the
certification of jails, adult lockups, and adult detention
facilities used to detain juveniles. Such standards shall incl ude
but not be limited t o: separation of juveniles from adults;
supervision of juveniles; and health a nd safety measures for
juveniles. The Department of He alth is authorized to inspect any
jail, adult lockup, or adult detention facility for the purpose of
determining complianc e with such standards. No jail, adult lockup,
or other adult detention facilit y shall be used to detain juveniles
unless such jail, adult lockup, or other adult detention facility
complies with the standards established by the Depa rtment of Health
and is designated as a place for the detention of juveniles by the Req. No. 10206
judge having juvenile docket responsibility in the county from a
list of eligible facilities supplied by the Department of Health.
The development and approval of the stand ards provided for in
this paragraph shall comply with the provisions of the
Administrative Procedures A ct.
F. The State Board of Health shall promulgate rule s providing
for the routine recording and reporting of the use of any adult
jail, lockup or other adult facility for the d etention of any person
under the age of eighteen (18).
1. For the purpose of e nsuring the uniformity and compatibility
of information related to the detention of persons under age
eighteen (18), said rules shall be reviewed and app roved by the
Oklahoma Commission on Children and Youth prior to their adoption by
the Board; and
2. Records of detention shall be reviewed during each routin e
inspection of adult jails, lockups or other adult detention
facilities inspected by the State De partment of Health and a
statistical report of said detentions shall be submitted to the
Office of Juvenile Affairs at least every six (6) months in a form
approved by the Board of Juvenile Affairs.
SECTION 2. This act shall become effective November 1, 2022.
58-2-10206 CMA 01/12/22