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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 304 By: Jech of the Senate
and
Gann of the House
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; clarifying language; 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. 2020,
Section 37), is amended to read as follows:
Section 37. A. If all correctional facilities reach maximum
capacity and the Department 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 within six (6) months of their
scheduled release from a penal facility; and
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2. Prior to contracting with a private prison operator to
provide housing for state inmates, the Department shall send
notification to all county jails in t his state that bed space is
required to house the overflow population of state inmates. Upon
receiving notification, the sheriff or jail trust administrator 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 the inmates shall be a negotiated per diem rate
for each inmate as contracted but shall in no event be less 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 scheduling a transfer with the Department.
Within five (5) business days after the court orders the judgment
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 Corrections;
2. A notice of judgment and sentence signed by the sentencing
judge or court clerk. The notice shall incl ude the name of the
defendant, date of birth, case number, county of conviction, name of
the sentencing judge, the crime for which the defendant was
convicted, the sentence imposed, if multiple sentences whether the
sentences run concurrently or consecutiv ely, and whether the
defendant is to receive credit for any time served. The notice of
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judgment and sentence shall be substantially in the form provided
for in subsection F of this section; or
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 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, and establish a method for issuing
receipts certifying that the Department has r eceived the judgment
and sentence document. The Department shall establish a dedicated
electronic address location for receipt of all electronically
submitted judgment and sentence documents. The electronic address
location shall provide written receipt verification of each received
judgment and sentence document. Once an appropriate judgment and
sentence document, as listed in subsection B of this section, is
received by the Department of Corrections, the Department shall
contact the sheriff or jail trust administrator when bed space is
available to schedule the transfer and reception of the inmate into
the Department. The Department shall assume custody of an inmate
from a county prior to receiving the certified copy of the judgment
and sentence upon receipt by the Department of any of the
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appropriate judgment and sentence documents as listed in subsection
B of this section.
D. If the Department receives a judgment and sentence document
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 or jail trust
administrator 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 inma tes. 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 or jail trust administrator shall transport the
designated excess inmate or inmates to a penal facility designated
by the Department. The sheriff or jail trust administrator shall
notify the Department of the transport of the inmate prior to the
reception of the inmate. The Departm ent 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
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arrangements can be made with the sheriff or jail trust
administrator.
F. The Department will be r esponsible for the cost of housing
the inmate in the county jail including costs of medical care
provided from the date the judgment and sentence was ordered by the
court until the date of transfer of the inmate from the county jail.
The Department shall implement a policy for determination of
scheduled dates on which an inmate or multiple inmates are to be
transferred from county jails. The policy shall allow for no less
than three alternative dates from which the sheriff or jail trust
administrator of a county jail may select and shall provide for
weather-related occurrences or other emergencies that may prevent or
delay transfers on the scheduled date. The policy shall be
available for review upon request by any sheriff or jail trust
administrator of a 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 one or more criminal charges pending in the same
Oklahoma jurisdiction and the county jail refuses to transfer the
inmate to the Department because of the pending charges, the
Department shall not be responsible for the housing 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 the period beginning on the date the
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judgment and sentence or final order was ordered by the Court. 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 or until the date the inmate is
scheduled to be transferred to the Department, whichever is earlie r.
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 by
the Department from another Oklahoma jurisdiction.
The sheriff or jail trust administrator 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 Judgment and Sentencing.
In the District Court of ______________ County
The State of Oklahoma
State of Oklahoma, )
___________________ )
Plaintiff )
)
vs. ) Case No.________________________________
___________________,) The Honorable Judge ____________________
Defendant )
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D.O.B. ____________ )
NOTICE OF JUDGMENT AND SENTENCE
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:
Count 1: _______________________________ ____ O.S. ________
Count 1 Sentence: _____________________________________________
Count 2: _______________________________ ____ O.S. ________
Count 2 Sentence: ________ _____________________________________
Running Concurrently ______ or Running Consecutively ______
With Count ______
Count 3: _______________________________ ____ O.S. ________
Count 3 Sentence: ___________________________________________
Running Concurrently ______ or Running Consecutively ______
With Count ______
Count 4: _______________________________ ____ O.S. ________
Count 4 Sentence: _____________________________________________
Running Concurrently ______ or Running Consecutively ______
With Count ______
Credit for time served: ________________________________________
____________________________
Judge of the District Court
or
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____________________________
Clerk of the District Court
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON RU LES, dated 04/08/2021 - DO PASS.