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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 85 By: Weaver
AS INTRODUCED
An Act relating to county jails; amending 57 O.S.
2021, Section 38, which relates to jail reimbursement
rates; increasing amount of reimbu rsement rate;
striking obsolete implementation requirement;
updating statutory references; updating statutory
language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2021, Section 38, is
amended to read as follows:
Section 38. The Department of Corrections shall reimburse any
county which is required to retain an inmate pursuant to subsection
E F of Section 37 of this title in an amount not to excee d Twenty-
seven Dollars ($27.00) Thirty-two Dollars ($32.00) per day for each
inmate during such period of retention, unless the actual daily cos t
as determined by the Department of Corrections Daily Rate as defined
in this section, exceeds Twenty-seven Dollars ($27.00) Thirty-two
Dollars ($32.00). If the actual daily cost as deter mined by the
Department of Corrections Daily Rate county exceeds Twenty-seven
Dollars ($27.00) Thirty-two Dollars ($32.00) , the county shall
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notify the Department of Corrections o f the actual daily cost no
later than September 30. If the county ’s actual daily cost is
accepted by the Department that, such amount shall be the
reimbursement rate for the county beginning the next fiscal year.
If the Department rejects the county ’s actual daily cost
application, then the actual daily cost reimbursement shall b e
determined by the State Auditor and Inspector and shall be imposed
beginning the next fiscal year. Provided, however, the amounts
described in this section shall be subject to an annual three
percent (3%) increase to adjust for inflation. The Department shall
distribute the reimbursement on a monthly basis upon receipt and
approval of a billing statement from the county. The county shall
use the reimbursement to defray expense s of equipping and
maintaining the jail and payment of personnel. The provisions in
this act shall be implemented by the Department to allow sufficient
time for application to FY -2019. The Department of Corrections
shall reimburse the county for the emer gency medical care for
physical injury or illness of the inmate retained under this act
section if the injury or illness is directly related to the
incarceration and the county is required by law to provide such care
for inmates in the jail. The Departmen t shall not pay fees for
medical care in excess of the rates established for Medicaid
providers. The state shall not be liable for medical charges in
excess of the Medicaid scheduled rate. The Director Department may
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accept any inmate required to have ex tended medical care upon
application of the county.
SECTION 2. This act shall become effective November 1, 2025.
60-1-527 CN 12/20/2024 12:53:07 PM