Oklahoma 2024 Regular Session

Oklahoma House Bill HB2589 Compare Versions

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Version 2 (New)

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3		-	ENGR. H. B. NO. 2589 Page 1 1
	3	+	HB2589 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2589 By: Humphrey of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Bullard of the Senate
	33	+	1st Session of the 59th Legislature (202 3)
	34	+
	35	+	HOUSE BILL 2589 By: Humphrey
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	41	+	AS INTRODUCED
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40	43		An Act relating to prisons and reformatories;
41	44		amending 57 O.S. 2021, Section 37, which relates to
42	45		maximum capacity of facilities; autho rizing immediate
43	46		transfer of inmates upon request; establishing time
44	47		limit after notification; and providing an effective
45	48		date.
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50	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	54		SECTION 1. AMENDATORY 57 O.S. 2021, Section 37, is
52	55		amended to read as follows:
53	56		Section 37. A. If all correctional facilities reach maximum
54	57		capacity and the Department of Corrections is required to contract
55	58		for bed space to house state inmates:
56	59		1. The Pardon and Parole Board shall conside r all nonviolent
57	60		offenders for parole who are within six (6) months of their
58	61		scheduled release fro m a penal facility; and
59	62		2. Prior to contracting with a private prison operator to
60	63		provide housing for state inmates, the Department shall send
61	64		notification to all county jails in this state that bed space is
62		-	required to house the overflow population of st ate inmates. Upon
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64		-	ENGR. H. B. NO. 2589 Page 2 1
	66	+	HB2589 HFLR Page 2
	67	+	BOLD FACE denotes Committee Amendments. 1
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	92	+	required to house the overflow population of st ate inmates. Upon
89	93		receiving notification, the sheriff or jail trust administrator of a
90	94		county jail is authorized to enter into agreements with the
91	95		Department to provide housing for the inmates. Reimbursement for
92	96		the cost of housing t he inmates shall be a negotiated per diem rate
93	97		for each inmate as contracted but sh all in no event be l ess than the
94	98		per diem rate provided for in Section 38 of this title.
95	99		B. No inmate may be received by a penal facility from a county
96	100		jail without first scheduling a transfer with the Department.
97	101		Within five (5) business days after the court orders the jud gment
98	102		and sentence, the court clerk shall transmit to the Department by
99	103		facsimile, electronic mail, or actual delivery a certified copy of
100	104		the judgment and sentence.
101	105		C. The receipt of the certified copy of the judgment an d
102	106		sentence shall be certification that the sentencing court has
103	107		entered a judgment and sentence and all o ther necessary commitment
104	108		documents. The Department of Corrections is authorized to determine
105	109		the appropriate method of delivery from each county base d on
106	110		electronic or other capabilities, and establish a method for issu ing
107	111		receipts certifying that the De partment has received the judgment
108	112		and sentence document. The Department shall establish a dedicated
109	113		electronic address location for receipt of all el ectronically
110	114		submitted judgment and sentence documents. The electroni c address
111	115		location shall provide wr itten receipt verification of each received
112		-	judgment and sentence document. Once an appropriate judgment and
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114		-	ENGR. H. B. NO. 2589 Page 3 1
	117	+	HB2589 HFLR Page 3
	118	+	BOLD FACE denotes Committee Amendments. 1
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	143	+	judgment and sentence document. Once an appropriate judgment and
139	144		sentence document is received by the Department of Corrections, the
140	145		Department shall contact the sheri ff or jail trust administrator
141	146		when bed space is available to schedule the transfer and r eception
142	147		of the inmate into the Department or the sheriff or jail trust
143	148		administrator may request an immediate transfer in which the
144	149		Department shall schedule deliv ery of the inmate within three (3)
145	150		working days after said request.
146	151		D. If the Department receives a judgme nt and sentence docu ment
147	152		from a county that includes inaccurate information f rom the
148	153		sentencing court the Department shal l notify the county within a
149	154		timely manner.
150	155		E. When a county jail has reached its capacity of inmates as
151	156		provided in the standards set forth in Section 192 of Title 74 of
152	157		the Oklahoma Statutes, then the county s heriff or jail trust
153	158		administrator shall notify the Director of the Oklahoma Department
154	159		of Corrections, or the Director's designated representative, by
155	160		facsimile, electronic mail, or ac tual delivery, that th e county jail
156	161		has reached or exceeded its capacity to hold inmates. The
157	162		notification shall i nclude copies of any judgment and sentences not
158	163		previously delivered as required by subsection B of this section.
159	164		Then within seventy-two (72) hours three (3) working days following
160	165		such notification, the county sheriff or jail trust administrator
161	166		shall transport the designated excess inmate or inmates to a penal
162		-	facility designated by the Department. The sheriff or jail trust
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164		-	ENGR. H. B. NO. 2589 Page 4 1
	168	+	HB2589 HFLR Page 4
	169	+	BOLD FACE denotes Committee Amendments. 1
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	194	+	facility designated by the Department. The sheriff or jail trust
189	195		administrator shall notify the Dep artment of the transport of the
190	196		inmate prior to the receptio n of the inmate. The Department shall
191	197		schedule the reception date and receive the inmate within seventy-
192	198		two (72) hours three (3) working days of notification that the
193	199		county jail is at capacity, unless other arrangemen ts can be made
194	200		with the sheriff or jail trust administrator .
195	201		F. The Department will be responsible for the co st of housing
196	202		the inmate in the county jail including costs of medical care
197	203		provided from the date the judgment and sentence was ordered by the
198	204		court until the date of transf er of the inmate from the county jail.
199	205		The Department shall implement a policy fo r determination of
200	206		scheduled dates on which an inmate or multiple inmates are to be
201	207		transferred from county jails. The policy s hall allow for no less
202	208		than three alternative dates from which the sheriff or jail trust
203	209		administrator of a county jail may select and shall provide for
204	210		weather-related occurrences or other emergencies that may prevent or
205	211		delay transfers on the scheduled date. The policy shall be
206	212		available for review upon request by any sheriff or jail trust
207	213		administrator of a county jail. The cost of housing shall be the
208	214		per diem rate specified in Section 38 of this title. In the event
209	215		the inmate has one or more criminal charges pending in the same
210	216		Oklahoma jurisdiction and the county jail refuses to transfer the
211	217		inmate to the Department because of the pending charges, the
212		-	Department shall not be responsible for the housing costs of the
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214		-	ENGR. H. B. NO. 2589 Page 5 1
	219	+	HB2589 HFLR Page 5
	220	+	BOLD FACE denotes Committee Amendments. 1
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	245	+	Department shall not be responsible for the housing costs of the
239	246		inmate while the inmate remains in the county jail with pending
240	247		charges. Once the inmate no longer has pending charges in the
241	248		jurisdiction, the Department shall be responsible for the housing
242	249		costs of the inmate for the period beginning on the date the
243	250		judgment and sentence or final order was ordered by the Court. In
244	251		the event the inmate has other criminal charges pending in another
245	252		Oklahoma jurisdiction, the Depart ment shall be responsible for the
246	253		housing costs while the inmate remains in the county jail awaiting
247	254		transfer to another jurisdiction or until the date the inmate is
248	255		scheduled to be transferred to the Department, whichever is earlier.
249	256		Once the inmate is t ransferred to another jurisdiction, the
250	257		Department is not responsible for the housing cost of the inmate
251	258		until such time that another judgment and sentence is received by
252	259		the Department from another Oklahoma jurisdiction.
253	260		The sheriff or jail trust administ rator may submit invoices for
254	261		the cost of housing the inmate on a monthly basis. Final payment
255	262		for housing an offender will be made only after the official
256	263		judgment and sentence is received by the Department of Corrections.
257	264		SECTION 2. This act shall become effective November 1, 2023.
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259		-	ENGR. H. B. NO. 2589 Page 6 1
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284		-	Passed the House of Representatives the 8th day of March, 2023.
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289		-	Presiding Officer of the House
290		-	of Representatives
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294		-	Passed the Senate the ___ day of __________, 2023.
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299		-	Presiding Officer of the Senate
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	266	+	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
	267	+	dated 03/01/2023 - DO PASS.