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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2221 By: Ford
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38	38	AS INTRODUCED
39	39
40	40	An Act relating to city and county jails ; amending 57
41	41	O.S. 2021, Section 57, which relates to confining and
42	42	classifying prisoners; defining term; amending 74
43	43	O.S. 2021, Section 192, whi ch relates to the
44	44	inspection of city and county jails; defining term;
45	45	and providing an effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 57 O.S. 2021, Section 57, is
54	54	amended to read as follows:
55	55	Section 57. A. In the city and county jails in this state,
56	56	there shall be provided sufficie nt and convenient apartments for
57	57	confining prisoners of different sexes and classification separa te
58	58	and apart from each other. The sheriff of each county of this state
59	59	shall notify the Department of Corrections of the prisoner capacity
60	60	of the county jail by July 1, 2003. After that date, changes in
61	61	prisoner capacity shall be reported within thirty ( 30) days of the
62	62	change. For purposes of this section, "prisoner capacity" means the
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89	89	capacity determined by the State Fire Marshal pursuant to Section
90	90	317 of Title 74 of the Oklahoma Statutes.
91	91	B. In the city and county jails in this state, there shall be a
92	92	system of classifying prisoners, based upon the severity of the
93	93	charges, past criminal history and other relevant factors.
94	94	C. In the city and county jails i n this state, prisoners
95	95	classified pursuant to subsection B of this section may be confined
96	96	two per cell or barrack-style, provided the li ving space meets the
97	97	square footage requirements set forth in Section 192 of Title 74 of
98	98	the Oklahoma Statutes.
99	99	D. All funds used by the Department of Corrections to contract
100	100	with private contractors for the buildi ng of prisons and pre -release
101	101	centers will be subject to appropriations by the Legislature.
102	102	E. Nothing in this section shall authorize contracts with
103	103	private contractors for construction of prison facilities, unless
104	104	authorized by the Legislature.
105	105	F. As used in this section, "barrack-style" means a single
106	106	designated space within a city or county jail facility for the
107	107	purpose of temporarily hous ing three or more inmates .
108	108	SECTION 2. AMENDATORY 74 O.S. 2021, Secti on 192, is
109	109	amended to read as follows:
110	110	Section 192. A. The State Department of Health shall inspect
111	111	at least once each year all city and county jails to ensure
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138	138	compliance with the standards promulgated pursuant to the provisions
139	139	of this section. The standards shall provide provision for:
140	140	1. Uniform admission and release procedures;
141	141	2. Uniform, safe, and sensible security measures;
142	142	3. Proper, fit, and sanitary conditions;
143	143	4. Inmates to be fed a wholesome and adequate diet;
144	144	5. Inmates to have a dequate clothing and a useable bed. Such
145	145	facility shall have shower s with hot and cold running water,
146	146	toilets, and water basins provided in the ratio of not less than one
147	147	to every twenty prisoners. Counties may build barracks -style jails,
148	148	single or double cell, to meet the security needs of the county for
149	149	minimum security prisoners. These jails shall meet all the minimum
150	150	requirements set forth in this section or any other provision of
151	151	law. Except as otherwise provided in this section, all facilities
152	152	under this section shall have showers with hot and cold running
153	153	water, toilets and water basins provided in the ratio of not less
154	154	than one to every twenty prisoners. Counties may also build tent
155	155	jails, which shall be temporary in nature, to meet the security
156	156	needs of the county for mi nimum security prisoners. The temporary
157	157	tent jails shall not be required to meet the minimum requirements
158	158	set forth in this section or any other provision of law. The State
159	159	Board of Health shall promulgate minimum standards for temporary
160	160	tent jails, which standards shall be designed to specific ally
161	161	address and take into consideration the temporary status of the
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188	188	inmate housing needs of the county . As used in this paragraph,
189	189	"barrack-style" means a single designated spa ce within a city or
190	190	county jail facility for the purpose of temporarily hous ing three or
191	191	more inmates;
192	192	6. Inmates to be properly advised of rules of the facility in
193	193	which they are detai ned;
194	194	7. Staff members to receive training in order to assist them in
195	195	performing their assigned tasks, such training to be provided
196	196	through a program approved by the State Department of Health. All
197	197	employees who work in direct contact with inmates after t he first
198	198	year of employment shall receive, at a minimum, four (4) hours '
199	199	review of material as require d by the State Department of Health and
200	200	at a maximum, eight (8) hours of detention officer training per year
201	201	after the first year of employment;
202	202	8. Proper steps to be taken to ensure the safety and
203	203	segregation of women, the infirm, and minors;
204	204	9. Adequate medical care, provided such medical care sha ll be
205	205	limited to illnesses or injuries incurred during the time beginning
206	206	with the arrest and throughout the time of incarceration. This
207	207	shall not prevent an inmate from applying for assistance and
208	208	receiving assistance, provided the inmate meets or exceed s
209	209	established requirements;
210	210	10. No person to be confined without twenty -four-hour
211	211	supervision; and
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238	238	11. At least one designated exit in the facility that will
239	239	permit prompt evacuation of inmates and staff in a n emergency. A
240	240	facility in existence on Novem ber 1, 1985, shall not be required to
241	241	construct additional exits if it has one exit which is deemed
242	242	adequate by the State Fire Marshal.
243	243	In the event such inspection shall reveal to the State
244	244	Department of Health the commission of a crime or crimes incident al
245	245	to the operations of a city or county jail facility, it shall be the
246	246	duty of the Department to initiate a complaint with the appropriate
247	247	district attorney, and to cooperate in the prosecution of the
248	248	alleged offender in the event an information is filed pursuant to
249	249	such complaint.
250	250	B. Any county, city, or town may operate a holding facility for
251	251	the incarceration of persons under arrest who are to be charged with
252	252	a crime, which holding facility shall not be req uired to meet the
253	253	standards established in thi s section for jails, as long as no
254	254	person is held therein for a period longer than twelve (12) hours
255	255	and as long as an employee of the county, city, or town is available
256	256	to render aid to or to release any perso n so confined in the event
257	257	aid or release is required because of a health or life-endangering
258	258	emergency.
259	259	C. Notwithstanding any other provision of law or rule, any
260	260	county or municipality that operates a jail facility which houses
261	261	forty or fewer prisoners at all times which:
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288	288	1. Provides twenty-four-hour supervision of prisoner activity
289	289	that is conducted either by direct observation or electronically by
290	290	closed-circuit television; and
291	291	2. Provides an intercommunication system that terminates in a
292	292	location that is staffed twenty-four (24) hours a day and is capable
293	293	of providing an emergency response,
294	294	shall not be required to have more than one detention office r or
295	295	dispatcher on-site to provide for the security, custody, and
296	296	supervision of prisoners.
297	297	D. Any county or municipality that operates a jail faci lity
298	298	which houses more than forty and less than seventy -five prisoners at
299	299	all times which:
300	300	1. Provides twenty-four-hour supervision of prisoner activity
301	301	that is conducted either by direct observation or electr onically by
302	302	closed-circuit television; and
303	303	2. Provides an intercommunication system that terminates in a
304	304	location that is staffed twenty -four (24) hours a day and is capable
305	305	of providing an emergency response,
306	306	shall be required to have more than one deten tion officer or one
307	307	detention officer and at l east one other basic CLEET-certified
308	308	person on the same premises as the jail facility to provide for the
309	309	security, custody, and supervision of prisoners.
310	310	Within ninety (90) days after June 9, 1994, the State Bo ard of
311	311	Health shall promulgate new rules gover ning square footage
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338	338	requirements, double-celling of prisoners and the ratio of showers,
339	339	toilets, and water b asins to prisoners. The rules so promulgated
340	340	shall be governed by the guidelines enumerated in this s ection, and
341	341	shall be designed to carry out the intent and purpose of the
342	342	guidelines. Each city or county jail facility in this state shall
343	343	be in compliance with the rules so promulgated on or before January
344	344	1, 1995.
345	345	E. The State Department of Health shal l employ inspectors and
346	346	other personnel as nec essary and specifically authorized by the
347	347	Legislature in order to carry out the provisions of this section a nd
348	348	may rent or purchase premises or equipment in order to assist
349	349	inspectors in the performance of thei r functions.
350	350	SECTION 3. This act shall become effective November 1, 2023.
351	351
352	352	59-1-5957 GRS 01/12/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2221 Compare Versions