Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB247 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 247 By: Haste of the Senate
7	37
8	38		and
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10	40		Ford, Waldron, and Sterling
11	41		of the House
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15	45		An Act relating to city and county jails; amending 57
16	46		O.S. 2021, Section 57, which relates to confining and
17	47		classifying prisoners; defining term; amending 74
18	48		O.S. 2021, Section 192, whi ch relates to inspection
19	49		of city and county jails; updating statutory
20	50		language; defining term; and providing an effective
21	51		date.
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27		-	SUBJECT: City and county jails
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30		-
31	58		SECTION 1. AMENDATORY 57 O.S. 2021, Section 57, is
32	59		amended to read as follows:
33		-
34	60		Section 57. A. In the city and county jails in this state,
35	61		there shall be provided sufficient and convenient apartments for
36	62		confining prisoners of different sexes and classification separate
37	63		and apart from each other. The sheriff of each county of this state
38	64		shall notify the Department of Corrections of the prisoner capacity
39	65		of the county jail by July 1, 2003. After that date, changes in
40	66		prisoner capacity shall be reported within thirty (30) days of the
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	68	+	SB247 HFLR Page 2
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41	94		change. For purposes of this section, “prisoner capacity” means the
42	95		capacity determined by the State Fire Marshal pursuant to Section
43	96		317 of Title 74 of the Oklahoma Statutes.
44		-
45		-
46		-	ENR. S. B. NO. 247 Page 2
47	97		B. In the city and county jails in this state, there shall be a
48	98		system of classifying prisoners, based upon the severity of the
49	99		charges, past criminal history and other relevant factors.
50		-
51	100		C. In the city and county jails in this state, prisoners
52	101		classified pursuant to subsection B of this section may be confined
53	102		two per cell or barrack-style, provided the li ving space meets the
54	103		square footage requirements set forth in Section 192 of Title 74 of
55	104		the Oklahoma Statutes.
56		-
57	105		D. All funds used by the Department of Corrections to contract
58	106		with private contractors for the building of prisons and pre -release
59	107		centers will be subject to appropriations by the Legislature.
60		-
61	108		E. Nothing in this section shall auth orize contracts with
62	109		private contractors for construction of prison facilities, unless
63	110		authorized by the Legislature.
64		-
65	111		F. As used in this section, “barrack-style” means a single
66	112		designated space within a city or county jail facility for the
67	113		purpose of housing three or more inmates.
68		-
69	114		SECTION 2. AMENDATORY 74 O.S. 2021, Section 192, is
70	115		amended to read as follows:
71		-
72	116		Section 192. A. The State Department of Health shall inspect
73	117		at least once each year all city and county jails to en sure
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	119	+	SB247 HFLR Page 3
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74	145		compliance with the standards promulgated pu rsuant to the provisions
75	146		of this section. The standards shall provide provision for:
76		-
77	147		1. Uniform admission and release procedures;
78		-
79	148		2. Uniform, safe, and sensible security measures;
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81	149		3. Proper, fit, and san itary conditions;
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83	150		4. Inmates to be fed a wholeso me and adequate diet;
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85	151		5. Inmates to have adequate clothing and a useable usable bed.
86	152		Such facility shall have shower s with hot and cold running water,
87	153		toilets, and water basins provided in the ratio of not less than one
88	154		to every twenty prisoners. Counti es may build barracks-style
89		-
90		-	ENR. S. B. NO. 247 Page 3
91	155		barrack-style jails, single or double cell, to meet the security
92	156		needs of the county for minimum securit y prisoners. These jails
93	157		shall meet all the minimum requirements set forth in this section or
94	158		any other provision of law. Except as otherwise provided in thi s
95	159		section, all facilities under this section shall have showers with
96	160		hot and cold running water, toilets and water basins provided in the
97	161		ratio of not less than one to ever y twenty prisoners. Counties may
98	162		also build tent jails, which shall be temporary in nature, to meet
99	163		the security needs of the county for minimum security prisoners.
100	164		The temporary tent jails shall not be required to meet the minimum
101	165		requirements set forth in this section or any other provision of
102	166		law. The State Board of Health shall pro mulgate minimum standards
103	167		for temporary tent jails, which standards shall be designed to
104	168		specifically address and take into consideration the temporary
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105	196		status of the inmate housing needs of the county. As used in this
106	197		paragraph, “barrack-style” means a single designated space within a
107	198		city or county jail facility for the purpose of housing three or
108	199		more inmates;
109		-
110	200		6. Inmates to be properly advised of rules of the facility in
111	201		which they are detained;
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113	202		7. Staff members to receive training in order to assist them in
114	203		performing their assigned tasks, such training to be provided
115	204		through a program approved by the State Department of Health. All
116	205		employees who work in di rect contact with inmates after the first
117	206		year of employment shall receive, at a minimum, four (4) hours’
118	207		review of material as required by the State Department of Health and
119	208		at a maximum, eight (8) hours of detention officer training per year
120	209		after the first year of employment;
121		-
122	210		8. Proper steps to be taken to ensure the safety and
123	211		segregation of women, the infirm, and mi nors;
124		-
125	212		9. Adequate medical care, provided such medical care sha ll be
126	213		limited to illnesses or injuries incurred during the time beginning
127	214		with the arrest and throughout the time of incarceration. This
128	215		shall not prevent an inmate from applying for assistanc e and
129	216		receiving assistance, provided the inmate meets or exceed s
130	217		established requirements;
131		-
132		-
133		-	ENR. S. B. NO. 247 Page 4
134	218		10. No person to be confined without twenty -four-hour
135	219		supervision; and
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137	247		11. At least one designated exit in the facility that will
138	248		permit prompt evacuation of inmates and staff in an emergency. A
139	249		facility in existence on Novem ber 1, 1985, shall not be required to
140	250		construct additional exits if it has one exit which is deemed
141	251		adequate by the State Fire Marshal.
142		-
143	252		In the event such inspection shall reveal to the State
144	253		Department of Health the commission of a crime or crimes incident al
145	254		to the operations of a city or county jail facility, it shall be the
146	255		duty of the Department to initiate a complaint with the appropriate
147	256		district attorney, and to cooperate in the prosecutio n of the
148	257		alleged offender in the event an information is filed pursuant to
149	258		such complaint.
150		-
151	259		B. Any county, city, or town may operate a hol ding facility for
152	260		the incarceration of persons under arrest who are to be charged with
153	261		a crime, which holding facility shall not be required to meet the
154	262		standards established in thi s section for jails, as long as no
155	263		person is held therein for a period long er than twelve (12) hours
156	264		and as long as an employee of the county, city, or town is available
157	265		to render aid to or to release any person so confined in the event
158	266		aid or release is required because of a health or life-endangering
159	267		emergency.
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161	268		C. Notwithstanding any other provision of law or rule, any
162	269		county or municipality that operates a jail facility which houses
163	270		forty or fewer prisoners at all times which:
164	271
165		-	1. Provides twenty-four-hour supervision of prisoner activity
166		-	that is conducted either by direct obs ervation or electronically by
167		-	closed-circuit television; and
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169		-	2. Provides an intercommunication system that terminates in a
170		-	location that is staffed twenty-four (24) hours a day and is capable
171		-	of providing an emergency response,
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173		-	shall not be required to ha ve more than one detention officer or
174		-	dispatcher on-site to provide for the security, custody, and
175		-	supervision of prisoners.
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177		-	ENR. S. B. NO. 247 Page 5
178		-
179		-	D. Any county or municipality that operates a jail faci lity
180		-	which houses more than forty and less than seventy -five prisoners at
181		-	all times which:
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183	298		1. Provides twenty-four-hour supervision of prisoner activity
184	299		that is conducted either by direct obs ervation or electronically by
185	300		closed-circuit television; and
186		-
187	301		2. Provides an intercommunication system that terminates in a
188	302		location that is staffed twenty-four (24) hours a day and is capable
189	303		of providing an emergency response,
190		-
	304	+	shall not be required to ha ve more than one detention officer or
	305	+	dispatcher on-site to provide for the security, custody, and
	306	+	supervision of prisoners.
	307	+	D. Any county or municipality that operates a jail faci lity
	308	+	which houses more than forty and less than seventy -five prisoners at
	309	+	all times which:
	310	+	1. Provides twenty-four-hour supervision of prisoner activity
	311	+	that is conducted either by direct obse rvation or electronically by
	312	+	closed-circuit television; and
	313	+	2. Provides an intercommunication system that terminates in a
	314	+	location that is staffed twenty-four (24) hours a day and is capable
	315	+	of providing an emergency response,
191	316		shall be required to have more than one detention officer or one
192	317		detention officer and at l east one other basic CLEET-certified
193	318		person on the same premises as the jai l facility to provide for the
194	319		security, custody, and supervision of prisoners.
195		-
196	320		Within ninety (90) days after June 9, 1 994, the State Board of
197	321		Health shall promulgate new rules gover ning square footage
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198	349		requirements, double-celling of prisoners and the ratio of showers,
199	350		toilets, and water basins to prisoners. The rules so promulgated
200	351		shall be governed by the guidelines enu merated in this section, and
201	352		shall be designed to carry out the intent and purpose of the
202	353		guidelines. Each city or county jail facility i n this state shall
203	354		be in compliance with the rules so promulgated on or before January
204	355		1, 1995.
205		-
206	356		E. The State Department of Health shall employ inspectors and
207	357		other personnel as nec essary and specifically authorized by the
208	358		Legislature in order to carry out the provisions of this section and
209	359		may rent or purchase premises or equipment in order to assist
210	360		inspectors in the pe rformance of their functions.
211		-
212	361		SECTION 3. This act shall become effective November 1, 2023.
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214		-
215		-	ENR. S. B. NO. 247 Page 6
216		-	Passed the Senate the 13th day of March, 2023.
217		-
218		-
219		-
220		-	Presiding Officer of the Senate
221		-
222		-
223		-	Passed the House of Representatives the 18th day of April, 2023.
224		-
225		-
226		-
227		-	Presiding Officer of the House
228		-	of Representatives
229		-
230		-	OFFICE OF THE GOVERNOR
231		-	Received by the Office of the Governor this _______ _____________
232		-	day of _________________ __, 20_______, at _______ o'clock _ ______ M.
233		-	By: _______________________________ __
234		-	Approved by the Governor of the State of Oklahoma this _____ ____
235		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
236		-
237		-	_________________________________
238		-	Governor of the State of Oklahoma
239		-
240		-
241		-	OFFICE OF THE SECRETARY OF STATE
242		-	Received by the Office of the Secretary of State this _______ ___
243		-	day of __________________, 20 _______, at _______ o'clock _______ M.
244		-	By: _______________________________ __
	363	+	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVE RNMENT,
	364	+	dated 04/11/2023 - DO PASS.