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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 304 By: Jech
AS INTRODUCED
An Act relating to the Department of Corrections;
amending 57 O.S. 2011, Section 37, as last amended by
Section 1, Chapter 247, O.S.L. 2019 (57 O.S. Supp.
2020, Section 37), which relates to correctional
facilities; modifying certain required documentation;
modifying assumption of custody; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2011, Section 37, as last
amended by Section 1, Chapter 247, O.S.L. 2019 (57 O.S. Supp. 20 20,
Section 37), is amende d to read as follows:
Section 37. A. If all correctional facilities reach maximum
capacity and the Departmen t of Corrections is required to contract
for bed space to house state inmates:
1. The Pardon and Parole Board shall consider all nonviolent
offenders for parole who are with in six (6) months of their
scheduled release from a penal fa cility; and
2. Prior to contracting with a private prison operator to
provide housing for state inmates, the Department shall send
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notification to all county jails in this state that bed space is
required to house the overflow population of state inmates. Upon
receiving notification, the sheriff of a county jail is authorized
to enter into agreements with the Department to provide housing for
the inmates. Reimbursement for the cost of housing th e inmates
shall be a negotiated per diem rate for each inmat e as contracted
but shall in no event be l ess than the per diem rate provided for in
Section 38 of this title.
B. No inmate may be received by a penal facility from a county
jail without first sc heduling a transfer with the Department.
Within five (5) business days after the court orders the jud gment
and sentence, the court clerk shall transmit to the Department by
facsimile, electronic mail, or actual delivery a certified copy of:
1. The the judgment and sentence certifying that the inmate is
sentenced to the Department of C orrections;
2. A notice of judgment and sentence signed by the sentencing
judge or court clerk. The notice shall include the nam e of the
defendant, date of birth, case numb er, county of conviction, name of
the sentencing judge, the crime for which the de fendant was
convicted, the sentence imposed, if multiple sentences whether the
sentences run concurrently or consecutively, and wh ether the
defendant is to receive credit for any time served. The notice of
judgment and sentence shall be substantially in t he form provided
for in subsection F of this section; or
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3. Plea paperwork, Summary of Facts and Sentence on Plea or
Sentencing After Jury Trial Summary of Facts may be used as
sentencing documents.
C. The receipt of the certified c opy of the judgment an d
sentence shall be certification that the sentencing court has
entered a judgment and sentence and all other necessary commitment
documents. The Department of Corrections i s authorized to determine
the appropriate method of delivery from each county base d on
electronic or other capabilities, and establish a method for issuing
receipts certifying that the Department has received the judgment
and sentence document. The Depart ment shall establish a dedicated
electronic address location for receipt of all el ectronically
submitted judgment and sentence documents. The electronic address
location shall provide written receipt verificatio n of each received
judgment and sentence doc ument. Once an appropriate judgment and
sentence document, as listed in subsectio n B of this section, is
received by the Department of Corrections, the Department shall
contact the sheriff when bed space is avai lable to schedule the
transfer and reception of the inmate into the Department. The
Department shall assume custody of an inm ate from a county pr ior to
receiving the certified copy of the judgment and sentence upon
receipt by the Department of any of the appropriate judgment and
sentence documents as listed in subsection B of this section.
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D. If the Department receives a judgme nt and sentence docu ment
from a county that includes inaccurate information from the
sentencing court the Department shall notify the county within a
timely manner.
E. When a county jail has reached its capacity of inmates as
provided in the standards set forth in Section 192 of Title 74 of
the Oklahoma Statutes, then the county sheriff shall notify the
Director of the Oklahoma Depa rtment of Corrections, or the
Director’s designated representative, by facsimile, electronic mail,
or actual delivery, that th e county jail has re ached or exceeded its
capacity to hold inmates. The notification shall include copies of
any judgment and sen tences 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 Dep artment of the
transport of the inmate prior to the receptio n of the inmate. The
Department shall sch edule the reception date and receive the inmate
within seventy-two (72) hours of notification that the county jail
is at capacity, unless other arrangemen ts can be made with the
sheriff.
F. The Department will be responsible for the co st of housing
the inmate in the county jail including costs of medical care
provided from the date the judgment and sentence was o rdered by the
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court until the date of transf er of the inmate from the county jail.
The Department shall implement a policy fo r determination of
scheduled dates on which an inmate or multiple inmates are to be
transferred from county jails. The policy sha ll allow for no less
than three alternative dates from which the sheriff of a county jail
may select and shall provide for wea ther-related occurrences or
other emergencies that may prevent or delay transfers on the
scheduled date. The policy shall be avai lable for review upon
request by any sheriff of a county jail. The cost of housing shall
be the per diem rate specified in Se ction 38 of this tit le. In the
event the inmate has one or more criminal charges pending in the
same Oklahoma jurisdiction and th e county jail refuses to transfer
the inmate to the Department because of the pending charges, the
Department shall not be res ponsible for the hou sing costs of the
inmate while the inmate remains in the county jail with pending
charges. Once the inmate no longer has pending charges in the
jurisdiction, the Department shall be responsible for the housing
costs of the inmate for t he period beginning on the date the
judgment and sentence or final order was ordered by the Court. In
the event the inmate has ot her criminal charges pending in another
Oklahoma jurisdiction, the Department shall be responsible for t he
housing costs while the inmate remains in the county jail awaiting
transfer to another jurisdiction or until the date the inmate is
scheduled to be transferred to the Department, whichever is e arlier.
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Once the inmate is transferred to another jurisdict ion, the
Department is not responsible for the housing cost of the inmate
until such time that another judgment and sentence is received by
the Department from another Oklahoma jurisdiction.
The sheriff may submit invoices for the cost of housing the
inmate on a monthly basis. Final payment for housing an offender
will be made only after the official judgment and sentence is
received by the Department of Corrections.
G. Form for Notice of Judgmen t and Sentencing.
In the District Court of ______________ Co unty
The State of Oklahoma
State of Oklahoma, )
___________________ )
Plaintiff )
)
vs. ) Case No.________________________________
___________________, ) The Honorable Judge ____________________
Defendant )
D.O.B. ____________ )
NOTICE OF JUDGMENT AND SENT ENCE
On this _____ day of _________________, ______, to the best
knowledge and belief of the undersigned, the conviction(s) and
sentence(s) of the above -captioned defendant was/were announced and
ordered as follow:
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Count 1: _______________________________ ____ O.S. ________
Count 1 Sentence: ___ __________________________________________
Count 2: _______________________________ ____ O.S. ________
Count 2 Sentence: _______________________________ ______________
Running Concurrently ______ or Running Consec utively ______
With Count ______
Count 3: _______________________________ ____ O.S. ________
Count 3 Sentence: ________________________________________ ___
Running Concurrently ______ or Running C onsecutively ______
With Count ______
Count 4: ____________ ___________________ ____ O.S. ________
Count 4 Sentence: _____________________________________________
Running Concurrently ______ or Running Consecuti vely ______
With Count ______
Credit for time served: ________________________________________
____________________________
Judge of the Distric t Court
or
____________________________
Clerk of the District Court
SECTION 2. This act shall become effective November 1, 2021.
58-1-1218 BG 1/7/2021 3:05:56 PM