40 | | - | [ prisons and reformat ories - effective date ] |
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| 41 | + | AS INTRODUCED |
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| 42 | + | |
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| 43 | + | An Act relating to prisons and reformatories; |
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| 44 | + | amending 57 O.S. 2021, Section 38, which relate s to |
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| 45 | + | county jail reimbursement rates; deleting daily |
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| 46 | + | reimbursement rate and related guidelines; directing |
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| 47 | + | the Department of Corrections to reimburse counties |
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| 48 | + | in accordance with certai n matrix; directing counties |
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| 49 | + | to submit additional costs to the Department; |
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| 50 | + | authorizing the Department and counties to enter into |
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| 51 | + | per diem reimbursement agree ments; deleting certain |
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| 52 | + | implementation provision; and providing an effective |
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| 53 | + | date. |
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49 | | - | Section 633. An amount equal to the savings calculated by the |
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50 | | - | Office of Management and Enterprise Services pursuant to Section 632 |
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51 | | - | of Title 57 this title shall, subject to appropriation by th e |
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52 | | - | Legislature, be paid appropriated to the Department of Corrections |
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53 | | - | and then transferred to the County Community Safety Investment Fund |
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54 | | - | annually. |
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55 | | - | This section is intended to comply with, and is subject to, |
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56 | | - | Article V, Section 55, Article VI, Section 12, Ar ticle X, Section |
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57 | | - | 23, and the other applicable provisions of the Oklahoma |
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58 | | - | Constitution. |
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59 | | - | SECTION 2. This act shall become e ffective November 1, 2022. |
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| 62 | + | Section 38. A. The Department of Corrections shall reimburse |
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| 63 | + | any county which is required to retain an inmate pursuant to |
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| 64 | + | subsection E of Section 37 of this title in an amount not to exceed |
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| 65 | + | Twenty-seven Dollars ($27.00) per day for each inmate during such |
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| 66 | + | period of retention, unless the actual daily cost as determined by |
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| 67 | + | the Department of Corrections Daily Rate as defined in this section, |
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86 | | - | Passed the House of Representatives the 24th day of March, 2022. |
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| 95 | + | exceeds Twenty-seven Dollars ($27.00 ). If the actual daily cos t as |
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| 96 | + | determined by the Department of Corrections Daily Rate exceeds |
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| 97 | + | Twenty-seven Dollars ($27.00), the county shall notify the |
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| 98 | + | Department of Corrections of the actual daily cost no later than |
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| 99 | + | September 30. If the county 's actual daily cost is accepted by the |
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| 100 | + | Department that shall be the reimbursement rate for the county |
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| 101 | + | beginning the next fiscal year. If the Department rejects the |
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| 102 | + | county's actual daily cost application, then the actual daily cost |
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| 103 | + | reimbursement shall be determine d by the State Auditor and shall be |
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| 104 | + | imposed beginning the next fiscal year accordance with the mi nimum |
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| 105 | + | reimbursement matrix. If the county incur s additional costs by |
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| 106 | + | providing required services, as determined b y the Department, the |
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| 107 | + | county shall submit the additional costs to the Department for |
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| 108 | + | consideration and reimbursement, if approved. The Department and |
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| 109 | + | any county may enter into a per diem rate reimbursement ag reement if |
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| 110 | + | the Department and county determine that the minimum reimbursement |
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| 111 | + | matrix does not properly apply. |
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| 112 | + | B. The Department shall distribute the reimbursement on a |
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| 113 | + | monthly basis upon receipt and approval of a billing statement from |
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| 114 | + | the county. The county shall use the reimbursement to defray |
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| 115 | + | expenses of equipping and maintaining the jail an d payment of |
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| 116 | + | personnel. The provisions in this act shall be implemented by the |
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| 117 | + | Department to allow sufficient time for application to FY -2019. The |
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| 118 | + | Department of Corrections shall reimburse the county for the |
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| 146 | + | emergency medical care for physical injury or illness of the inmate |
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| 147 | + | retained under this act if the injury or illness is directly related |
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| 148 | + | to the incarceration and the county is required by law to provide |
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| 149 | + | such care for inmates in the jail. The Department shall not pay |
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| 150 | + | fees for medical care in excess of the rates established for |
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| 151 | + | Medicaid providers. The state shall not be liable for medical |
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| 152 | + | charges in excess of the Medicaid scheduled rate. The Director may |
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| 153 | + | accept any inmate required to have extended medical care upon |
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| 154 | + | application of the county. |
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| 155 | + | SECTION 2. This act shall become e ffective November 1, 2022. |
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