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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislatur e (2024)
HOUSE BILL 3758 By: Cantrell
AS INTRODUCED
An Act relating to jail facilities; amending 57 O.S.
2021, Section 563, which relates to correctional
facilities; directing that correc tional facilities
built after the effective date shall be a certain
distance from schools; providing clarification o n
measurements; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2021, Section 563, is
amended to read as follows:
Section 563. A. Except as otherwise authorized by Section 183
of Title 73 of the Oklahoma Statutes, before any correctional
facility other than an inmate work center as auth orized in
subsection B of this section or an inmate drug offender work camp,
whether within the Department of Corrections or within any other
state agency, may be created or any construction performed which may
significantly increase, extend or expand the present facility, such
creation or construction shall be approved by the Legislature.
Correctional facilities owned or operated by private prison
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contractors shall not be deemed to be within the Department of
Corrections or other state agency.
B. The Department of Corrections is hereby authorized to
establish inmate work centers in locations where a need for labor to
conduct public work projects is determined. The Department shall
select the inmate work center loca tions based on objective
comparisons of interested communities in accordance with procedures
and criteria established by the Department of Corrections. The
procedures, selection criteria and decision case analysis shall be
made available to the public upo n request.
C. No state, county or munic ipal correctional facility
including any inmate work center, inmate drug offender work camp,
inmate halfway house, inmate transitional living center and any
other place where state, county or municipal inmates are ho used,
built after November 1, 2024, shall be located within one thousand
(1,000) two thousand (2,000) feet of any public or private
elementary or secondary school nor within two thousand five hundred
(2,500) feet of any secure facility for juveniles. The distance
shall be measured from the near est property line of the school to
the nearest property line of the correctional facility. The
provisions of this subsection shall not apply to any inmate work
center, inmate drug offender work camp, inmate halfway house, inmate
transitional living center and any other place where state, county
or municipal inmates are housed established prior to May 20, 1994.
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Provided, that the provisions of this subsection sha ll not apply to
state, county, or municipal correctiona l facilities that are granted
permission to operate within the areas restricted by this subsection
by a majority vote of the following entities:
1. The district board of education of each school distr ict with
an affected school; and
2. The governing body of each affected private school.
D. In addition to the restrictions outlined in subsection C of
this section, following the effective date of this act, no privately
owned inmate halfway house or inma te transitional living center
shall be located in a res idential neighborhood inside the corpora te
limits of a municipality, or a county with planning and/or zoning
commissions created pursuant to law, without approval from the local
entity with authority o ver zoning requirements.
E. In any county with a popul ation of two hundred fifty
thousand (250,000) or more, as determined by the latest Federal
Decennial Census, the Department of Corrections shall not cause,
permit or require any inmate in the custody o f the Department or
cause, permit or require any offend er under the supervision of the
Department to enter, remain or be present in any Department of
Corrections facility located within one thousand (1,000) feet of a
private or public elementary or seconda ry school, or on the grounds
of such a facility, for an y activities involving or relating to
processing, training, instructing, interviewing, counseling,
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reporting, conferring, imposing discipline, reviewing or
adjudicating or any correctional function req uiring or permitting
the presence of the offender, exce pt offenders may be employed in
construction, maintenance or janitorial activities in or on the
structures or grounds while under supervision of a correctional
employee. The provisions of this subsect ion shall not apply to any
facility established or acqu ired by the Department of Corrections
prior to May 20, 1994.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
dated 02/13/2024 - DO PASS.