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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2221 By: Ford
AS INTRODUCED
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 the
inspection of city and county jails; 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
change. For purposes of this section, "prisoner capacity" means the
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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 authorize 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 temporarily hous ing three or more inmates .
SECTION 2. AMENDATORY 74 O.S. 2021, Secti on 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 ensure
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compliance with the standards promulgated pursuant 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 sanitary conditions;
4. Inmates to be fed a wholesome and adequate diet;
5. Inmates to have a dequate clothing and a useable 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. Counties may build barracks -style jails,
single or double cell, to meet the security needs of the county for
minimum security 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 every 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, which standards shall be designed to specific ally
address and take into consideration the temporary status of the
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inmate housing needs of the county . As used in this paragraph,
"barrack-style" means a single designated spa ce within a city or
county jail facility for the purpose of temporarily hous ing three or
more inmates;
6. Inmates to be properly advised of rules of the facility in
which they are detai ned;
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 direct contact with inmates after t he 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 holding 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 longer 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 observation 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 have more than one detention office r 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 jail 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 b asins 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 in 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 a nd
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.
59-1-5957 GRS 01/12/23