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SENATE FLOOR VERSION
March 2, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 247 By: Haste of the Senate
and
Ford, Waldron, and Sterling
of the House
An Act relating to city and county jails; amending 57
O.S. 2021, Section 57, which relates to confining and
classifying prisoners; defining term; amending 74
O.S. 2021, Section 192, whi ch relates to inspection
of city and county jails; updating statutory
language; defining term; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2021, Section 57, is
amended to read as follows:
Section 57. A. In the city and county jails in this state,
there shall be provided sufficie nt and convenient apartments for
confining prisoners of different sexes and classification separa te
and apart from each other. The sheriff of each county of this state
shall notify the Department of Corrections of the prisoner capacity
of the county jail by July 1, 2003. After that date, changes in
prisoner capacity shall be reported within thirty ( 30) days of the
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change. For purposes of this section, “prisoner capacity” means the
capacity determined by the State Fire Marshal pursuant to Section
317 of Title 74 of the Oklahoma Statutes.
B. In the city and county jails in this state, there shall be a
system of classifying prisoners, based upon the severity of the
charges, past criminal history and other relevant factors.
C. In the city and county jails i n this state, prisoners
classified pursuant to subsection B of this section may be confined
two per cell or barrack-style, provided the li ving space meets the
square footage requirements set forth in Section 192 of Title 74 of
the Oklahoma Statutes.
D. All funds used by the Department of Corrections to contract
with private contractors for the buildi ng of prisons and pre -release
centers will be subject to appropriations by the Legislature.
E. Nothing in this section shall auth orize contracts with
private contractors for construction of prison facilities, unless
authorized by the Legislature.
F. As used in this section, “barrack-style” means a single
designated space within a city or county jail facility for the
purpose of housing three or more inmates .
SECTION 2. AMENDATORY 74 O.S. 2021, Section 192, is
amended to read as follows:
Section 192. A. The State Department of Health shall inspect
at least once each year all city and county jails to en sure
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compliance with the standards promulgated pu rsuant to the provisions
of this section. The standards shall provide provision for:
1. Uniform admission and release procedures;
2. Uniform, safe, and sensible security measures;
3. Proper, fit, and san itary conditions;
4. Inmates to be fed a wholeso me and adequate diet;
5. Inmates to have adequate clothing and a useable usable bed.
Such facility shall have shower s with hot and cold running water,
toilets, and water basins provided in the ratio of not less than one
to every twenty prisoners. Counti es may build barracks-style
barrack-style jails, single or double cell, to meet the security
needs of the county for minimum securit y prisoners. These jails
shall meet all the minimum requirements set forth in this section or
any other provision of law. Except as otherwise provided in this
section, all facilities under this section shall have showers with
hot and cold running water, toilets and water basins provided in the
ratio of not less than one to ever y twenty prisoners. Counties may
also build tent jails, which shall be temporary in nature, to meet
the security needs of the county for mi nimum security prisoners.
The temporary tent jails shall not be required to meet the minimum
requirements set forth in this section or any other provision of
law. The State Board of Health shall promulgate minimum standards
for temporary tent jails, whic h standards shall be designed to
specifically address and take into consideration the temporary
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status of the inmate housing needs of the county . As used in this
paragraph, “barrack-style” means a single designated space within a
city or county jail facil ity for the purpose of housing three or
more inmates;
6. Inmates to be properly advised of rules of the facility in
which they are detained;
7. Staff members to receive training in order to assist them in
performing their assigned tasks, such training to be provided
through a program approved by the State Department of Health. All
employees who work in di rect contact with inmates after the first
year of employment shall receive, at a minimum, four (4) hours’
review of material as require d by the State Department of Health and
at a maximum, eight (8) hours of detention officer training per year
after the first year of employment;
8. Proper steps to be taken to ensure the safety and
segregation of women, the infirm, and minors;
9. Adequate medical care, provided such medical care sha ll be
limited to illnesses or injuries incurred during the time beginning
with the arrest and throughout the time of incarceration. This
shall not prevent an inmate from applying for assistance and
receiving assistance, provided the inmate meets or exceed s
established requirements;
10. No person to be confined without twenty -four-hour
supervision; and
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11. At least one designated exit in the facility that will
permit prompt evacuation of inmates and staff in a n emergency. A
facility in existence on Novem ber 1, 1985, shall not be required to
construct additional exits if it has one exit which is deemed
adequate by the State Fire Marshal.
In the event such inspection shall reveal to the State
Department of Health the commission of a crime or crimes incident al
to the operations of a city or county jail facility, it shall be the
duty of the Department to initiate a complaint with the appropriate
district attorney, and to cooperate in the prosecution of the
alleged offender in the event an information is filed pursuant to
such complaint.
B. Any county, city, or town may operate a hol ding facility for
the incarceration of persons under arrest who are to be charged with
a crime, which holding facility shall not be req uired to meet the
standards established in thi s section for jails, as long as no
person is held therein for a period long er than twelve (12) hours
and as long as an employee of the county, city, or town is available
to render aid to or to release any perso n so confined in the event
aid or release is required because of a health or life-endangering
emergency.
C. Notwithstanding any other provision of law or rule, any
county or municipality that operates a jail facility which houses
forty or fewer prisoners at all times which:
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1. Provides twenty-four-hour supervision of prisoner activity
that is conducted either by direct obs ervation or electronically by
closed-circuit television; and
2. Provides an intercommunication system that terminates in a
location that is staffed twenty-four (24) hours a day and is capable
of providing an emergency response,
shall not be required to ha ve more than one detention officer or
dispatcher on-site to provide for the security, custody, and
supervision of prisoners.
D. Any county or municipality that operates a jail faci lity
which houses more than forty and less than seventy -five prisoners at
all times which:
1. Provides twenty-four-hour supervision of prisoner activity
that is conducted either by direct observation or electr onically by
closed-circuit television; and
2. Provides an intercommunication system that terminates in a
location that is staffed twenty-four (24) hours a day and is capable
of providing an emergency response,
shall be required to have more than one deten tion officer or one
detention officer and at l east one other basic CLEET-certified
person on the same premises as the jai l facility to provide for the
security, custody, and supervision of prisoners.
Within ninety (90) days after June 9, 1994, the State Bo ard of
Health shall promulgate new rules gover ning square footage
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requirements, double-celling of prisoners and the ratio of showers,
toilets, and water basins to prisoners. The rules so promulgated
shall be governed by the guidelines enumerated in this s ection, and
shall be designed to carry out the intent and purpose of the
guidelines. Each city or county jail facility i n this state shall
be in compliance with the rules so promulgated on or before January
1, 1995.
E. The State Department of Health shal l employ inspectors and
other personnel as nec essary and specifically authorized by the
Legislature in order to carry out the provisions of this section and
may rent or purchase premises or equipment in order to assist
inspectors in the performance of thei r functions.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
March 2, 2023 - DO PASS AS AMENDED BY CS