Oklahoma 2022 Regular Session

Oklahoma House Bill HB3133 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 3133 By: Kendrix and Conley of the
4		-	House
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 3133 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 3133 By: Kendrix of the House
	32	+
	33	+	and
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	35	+	Howard of the Senate
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	38	+
	39	+
	40	+	[ children - modifying who shall provide
	41	+	transportation - effective date ]
	42	+
	43	+
	44	+
	45	+
	46	+	AUTHOR: Add the following House Coauthor: Conley
	47	+
	48	+	AMENDMENT NO. 1. Page 1, restore the title
	49	+
	50	+	Passed the Senate the 25th day of April, 2022.
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	54	+	Presiding Officer of the Senate
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	56	+
	57	+	Passed the House of Representatives the ____ day of __________,
	58	+	2022.
	59	+
	60	+
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	62	+	Presiding Officer of the House
	63	+	of Representatives
	64	+
	65	+	ENGR. H. B. NO. 3133 Page 1 1
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	90	+	ENGROSSED HOUSE
	91	+	BILL NO. 3133 By: Kendrix of the House
5	92
6	93		and
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8	95		Howard of the Senate
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15		-	An Act relating to children; amending 10A O.S. 2021,
16		-	Section 2-3-103, which relates to transporting
17		-	children; modifying who shall provide transportation ;
18		-	modifying dollar amounts ; and providing an effective
19		-	date.
	102	+	[ children - modifying who shall provide
	103	+	transportation - effective date ]
20	104
21	105
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23	107
24		-	SUBJECT: Children
25		-
26	108		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
27		-
28	109		SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-3-103, is
29	110		amended to read as follows:
30		-
31	111		Section 2-3-103. A. Provision shall be made for the temporary
32	112		detention of children in a juvenile detention facility or the court
33	113		may arrange for the care and custody of such children temporarily in
34	114		private homes, subject to the supervision of the court, or the court
35	115		may provide shelter or may enter into a contract with any
36	116		institution or agency to receive, for temporary care and custody,
37	117		children within the jurisdiction of the court. The Office of
38	118		Juvenile Affairs shall not be ordered to provide detention unless
39	119		said Office has designated and is operating detention services or
40	120		facilities.
41	121
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42	147		B. County sheriffs of the arresting agency , their designee, any
43	148		peace officer, private contractors under contract with the Office of
44	149		Juvenile Affairs for transportation services, or juvenile court
45	150		officers shall provide for the transportation of juveniles to and
46		-	from secure detention for purposes of admission, interfacility ~~ENR. H. B. NO. 3133 Page 2~~
	151	+	from secure detention for purposes of admission, interfacility
47	152		transfer, discharge, medical or dental attention, court appearance,
48	153		or placement designated by the Office. No private contract for
49	154		transportation services shall be entered into by the Office unless
50	155		the private contractor demon strates to the satisfaction of the
51	156		Office that such contractor is able to obtain insurance or provide
52	157		self-insurance to indemnify the Office against possible lawsuits and
53	158		meets the requirements of subparagraphs a, b and d of paragraph 4 of
54	159		subsection C of this section. The Office of Juvenile Affair s shall
55	160		not be ordered to provide transportation for a juvenile who is
56	161		detained in or is destined for secure detention. The Office of
57	162		Juvenile Affairs shall provide reimbursement to the entity
58	163		transporting juveniles for necessary and actual expenses for
59	164		transporting juveniles who are detained in or destined for a secure
60	165		detention center as follows:
61		-
62	166		1. A fee for the cost of personal services at the rate of
63	167		Twelve Dollars ($12.00) Seventeen Dollars ($17.00) per hour;
64		-
65	168		2. Mileage reimbursement for each mile actually traveled at the
66	169		rate established in the State Travel Reimbursement Act;
67	170
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68	196		3. Meals for transporting personnel, not to exceed Six Dollars
69	197		($6.00) Ten Dollars ($10.00) per meal; and
70		-
71	198		4. Meals for juveniles being transported, not to exceed Six
72	199		Dollars ($6.00) Ten Dollars ($10.00) per meal.
73		-
74	200		The Office of Juvenile Affairs shall process and mail
75	201		reimbursement claims within sixty (60) days of receipt. Payments
76	202		for services provided by a county sheriff 's office shall be paid to
77	203		the county and deposited in the service fee account of the sheriff.
78		-
79	204		C. 1. All juvenile detention facilities shall be certified by
80	205		the Office of Juvenile Affairs. To be certified, a juvenile
81	206		detention facility shall be required to meet st andards for
82	207		certification promulgated by the Board of Juvenile Affairs.
83		-
84	208		2. The board of county commissioners of every county shall
85	209		provide for the tempo rary detention of a child who is or who may be
86	210		subject to secure detention and may construct a building or rent
87	211		space for such purpose. The boards of county commissioners shall
88	212		provide for temporary detention services and facilities in
89	213		accordance with the provisions of the State Plan for the
90	214		Establishment of Juvenile Detention Services adopted pursuant to
91		-	subsection D of this section and in accordan ce with subsections A ~~ENR. H. B. NO. 3133 Page 3~~
	215	+	subsection D of this section and in accordan ce with subsections A
92	216		and C of Section 2-7-608 of this title. The boards of county
93	217		commissioners are hereby authorized to create multicounty trust
94	218		authorities for the purpose of operating juvenile detention
95	219		facilities.
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96	245
97	246		3. In order to operate the juvenile detention facilities
98	247		designated in the State Plan for the Establishment of Juvenile
99	248		Detention Services and i n subsections A and C of Section 2 -7-608 of
100	249		this title, the boards of county commissioners in the desig nated
101	250		host counties shall:
102		-
103	251		a. operate the juvenile detention facility through a
104	252		statutorily constituted juvenile bureau subject to the
105	253		supervision of the district court, or
106		-
107	254		b. operate the juvenile detention facility by employing a
108	255		manager who may employ pe rsonnel and incur other
109	256		expenses as may be n ecessary for its operation and
110	257		maintenance, or
111		-
112	258		c. contract with a public agency, private agency,
113	259		federally recognized tribe, or single or multi -county
114	260		trust authority for the operation of the juvenile
115	261		detention facility. In the event any board of county
116	262		commissioners contracts with a public or private
117	263		agency or a federally recognized tribe, pursuant to
118	264		the provisions of this section, the Office is
119	265		authorized to directly contract with and pay such
120	266		public or private agency or federally recognized tribe
121	267		for provision of detention services. Any contract
122	268		with a federally recognized tribe shall become
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123	295		effective upon approval by the board of county
124	296		commissioners.
125		-
126	297		4. Management contracts for privately operated detention
127	298		facilities shall be negotiated with the fir m found most qualified by
128	299		the board of county commissioners. However, no private management
129	300		contract shall be entered into by the board unless the private
130	301		contractor demonstrates to the satisfaction of the board :
131		-
132	302		a. that the contractor has the qualificati ons,
133	303		experience, and personnel necessary to implement the
134	304		terms of the contract,
135		-	ENR. H. B. NO. 3133 Page 4
136	305		b. that the financial condit ion of the contractor is such
137	306		that the term of the contract can be fulfilled,
138		-
139	307		c. that the ability of th e contractor to obtain insurance
140	308		or provide self-insurance to indemnify the county
141	309		against possible lawsuits and to compensate the county
142	310		for any property damage or expenses incurred due to
143	311		the private operation of the juvenile detention
144	312		facility, and
145		-
146	313		d. that the contractor has the ability to comply with
147	314		applicable court orders and rules of the Office of
148	315		Juvenile Affairs.
149		-
150	316		5. All counties to be served by a secure juvenile detention
151	317		facility may, upon the opening of such facility, contract with the
152	318		operators for the use of the facility for the tempora ry detention of
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153	345		children who are subject to secure detention; provided, however, a
154	346		jail, adult lockup, or oth er adult detention facility may be used
155	347		for the secure detention of a child as provided for in Section 2-3-
156	348		101 of this title.
157		-
158	349		6. Expenses incurred in carrying out the provisions of this
159	350		section shall be paid from the general fund of the county or from
160	351		other public funds lawfully appropriated for such purposes or from
161	352		private funds that are available for su ch purposes. A county may
162	353		also issue bonds for the construction of detention facilities.
163		-
164	354		7. The operation of a juvenile detention facility by a county
165	355		shall constitute a quasi -judicial function and is also hereby
166	356		declared to be a function of the State of Oklahoma for purposes of
167	357		the Eleventh Amendment to the United States Constitution. In
168	358		addition, no contract authorized by the provisions of this sectio n
169	359		for the providing of transportation services or for the operation of
170	360		a juvenile detention facility sh all be awarded until the contractor
171	361		demonstrates to the satisfaction of the county that the contractor
172	362		has obtained liability insurance with the limits s pecified by The
173	363		Governmental Tort Claims Act against lawsuits arising from the
174	364		operation of the juvenil e detention facility by the contractor, or
175	365		if the contract is for the providing of transportation services, the
176	366		contractor has obtained liability insuran ce with the limits
177	367		specified by The Governmental Tort Claims Act against lawsuits
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178	394		arising from the tran sportation of juveniles as authorized by
179	395		subsection A of this section.
180		-	ENR. H. B. NO. 3133 Page 5
181	396		D. The Board of Juvenile Affairs, from monies appropriated for
182	397		that purpose, shall develop, adopt, and implement a plan for secure
183	398		juvenile detention services and alternatives to secur e detention, to
184	399		be known as the State Plan f or the Establishment of Juvenile
185	400		Detention Services, which shall provide for the establishment of
186	401		juvenile detention facilities and services with due regard for
187	402		appropriate geographical distribution and existing juvenile
188	403		detention programs operated by stat utorily constituted juvenile
189	404		bureaus. Said plan may be amended or modified by the Board as
190	405		necessary and appropriate. Until said plan is adopted by the Board,
191	406		the plan adopted by the Commission for Human Servic es shall remain
192	407		in effect.
193		-
194	408		1. The Board of Juvenile Affairs shall establish procedures for
195	409		the letting of contracts or grants, including grants to exist ing
196	410		juvenile detention programs operated by statutorily constituted
197	411		juvenile bureaus, and the condition s and requirements for the
198	412		receipt of said grants or contracts for juvenile detention services
199	413		and facilities as provided in this section and Section 2 -7-401 of
200	414		this title. A copy of such procedures shall be made available to
201	415		any member of the general pub lic upon request. All such grants or
202	416		contracts shall require the participation of local resources in the
203	417		funding of juvenile detention facilities. A co ntract for services
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204	444		shall be based upon a formula approved by the Board which shall set
205	445		the contract amount in accordance with the services offered and the
206	446		degree of compliance with standards for certification.
207		-
208	447		2. The Board of Juvenile Affairs shall estab lish standards for
209	448		the certification of detention services and juvenile detention
210	449		facilities. Such sta ndards may include, but not be limited to:
211	450		screening for detention; education and recreation opportunities for
212	451		juveniles in secure detention; and accredi tation by the American
213	452		Correctional Association. As a condition of continuing eligibility
214	453		for grants or contracts, secure juvenile detention servi ces and
215	454		facilities shall be certified by the Board within two (2) years of
216	455		the date of the initial grant or c ontract.
217		-
218	456		E. The State Department of Health, with the assistance of the
219	457		Office of Juvenile Affairs, sha ll establish standards for the
220	458		certification of jails, adult lockups, and adult detention
221	459		facilities used to detain juveniles. Such standards shall incl ude
222	460		but not be limited to: separation of juveniles from adults;
223	461		supervision of juveniles; and health a nd safety measures for
224	462		juveniles. The Depar tment of Health is authorized to inspect any
225		-	jail, adult lockup, or adult detention facility for the purpose of ~~ENR. H. B. NO. 3133 Page 6~~
	463	+	jail, adult lockup, or adult detention facility for the purpose of
226	464		determining compliance with such standards. No jail, adult lockup,
227	465		or other adult detention facilit y shall be used to detain juveniles
228	466		unless such jail, adult lockup, or other adult detention facility
229	467		complies with the standards established by the Depa rtment of Health
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230	494		and is designated as a place for the detention of juveniles by the
231	495		judge having juvenile docket responsibility in the county from a
232	496		list of eligible facilities supplied by the Department of Health.
233		-
234	497		The development and approval of the stand ards provided for in
235	498		this paragraph shall comply with the provisions of the
236	499		Administrative Procedures A ct.
237		-
238	500		F. The State Board of Health shall prom ulgate rules providing
239	501		for the routine recording and reporting of the use of any adult
240	502		jail, lockup or other adult facility for the detention of any person
241	503		under the age of eighteen (18).
242		-
243	504		1. For the purpose of e nsuring the uniformity and compatibility
244	505		of information related to the detention of persons under age
245	506		eighteen (18), said rules shall be reviewed and app roved by the
246	507		Oklahoma Commission on Children and Youth prior to their adoption by
247	508		the Board; and
248		-
249	509		2. Records of detention shall be reviewed during each routine
250	510		inspection of adult jails, lockups or other adult detention
251	511		facilities inspected by the State De partment of Health and a
252	512		statistical report of said detentions shall be submitted to the
253	513		Office of Juvenile Affairs at least every six (6) months i n a form
254	514		approved by the Board of Juvenile Affairs.
255		-
256	515		SECTION 2. This act shall become effective November 1, 2022.
257	516
258	517
259		-	ENR. H. B. NO. 3133 Page 7
260		-	Passed the House of Representatives the 9th day of May, 2022.
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	543	+	Passed the House of Representatives the 8th day of March, 2022.
261	544
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265	548		Presiding Officer of the House
266	549		of Representatives
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269		-	Passed the Senate the ~~25th~~ day of ~~April~~, 2022.
	552	+	Passed the Senate the ___ day of __________, 2022.
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274	557		Presiding Officer of the Senate
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278		-	OFFICE OF THE GOVERNOR
279		-	Received by the Office of the Governor this ____________________
280		-	day of ___________________, 20_______, at _______ o'clock _______ M.
281		-	By: _________________________________
282		-	Approved by the Governor of the State of Oklahoma this _____ ____
283		-	day of ___________________, 20_______, at _______ o'clock _______ M.
284		-
285		-
286		-	_________________________________
287		-	Governor of the State of Oklahoma
288		-
289		-	OFFICE OF THE SECRETARY OF STATE
290		-	Received by the Office of the Secretary of State this __________
291		-	day of ___________________, 20_______, at _______ o'clock _______ M.
292		-	By: _________________________________
293		-