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An Act
ENROLLED SENATE
BILL NO. 595 By: Weaver of the Senate
and
Hardin and Turner of the
House
An Act relating to jail standards; amending 74 O.S.
2021, Section 192, as amended by Section 2, Chapter
35, O.S.L. 2023 (74 O.S. Supp. 2024, Section 192),
which relates to the inspection of city and county
jails; creating the Oklahoma Jail Standards Act;
providing short title; authorizing the State
Commissioner of Health to promulgate rules to
implement jail standards; directing all detention and
lockup facilities to comply with certain standards;
clarifying jail inspection requirement; removing
certain jail standards and procedures; making jail
standards subject to certain exceptions and
limitations; defining terms; providing list of
standards when facilities develop policies;
specifying standards for detention facilities;
directing facility administrators to develop and
implement certain written policies for detention
facilities and lockup facilities; directing detention
facilities to have certain written policies subject
to certain act; requiring notification to the State
Department of Health of certain incidents; providing
guidelines and procedures for the movement, security,
and supervision of inmates; directing facility
administrators to develop and implement written
policies for classifying and segregating inmates;
directing facility administrators to develop and
implement written policies for emergency medical and
health care services; providing for the utilization
of certain medical personnel; authorizing the
deduction of certain monies for medical payments;
specifying standards for the incarceration or holding
of juveniles; amending 57 O.S. 2021, Section 37,
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which relates to maximum capacity of correctional
facilities; modifying statutory references; amending
57 O.S. 2021, Sections 47, 52, 53, 55, and 57, as
amended by Section 1, Chapter 35, O.S.L. 2023 (57
O.S. Supp. 2024, Section 57), which relate to the
operation of county jails by county sheriffs; making
language gender neutral; removing obsolete language;
modifying statutory references; amending 63 O.S.
2021, Section 472, which relates to conditions of
municipal jails; modifying statutory reference;
amending 69 O.S. 2021, Section 617, which relates to
the food and medical attention for inmates working
upon public roads; modifying statutory reference;
amending 74 O.S. 2021, Section 193, which relates to
inspections of jail premises by the State Department
of Health; modifying statutory reference; providing
for codification; and declaring an emergency.
SUBJECT: Jail standards
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 192, as
amended by Section 2, Chapter 35, O.S.L. 2023 (74 O.S. Supp. 2024,
Section 192), is amended to read as follows:
Section 192. A. This act shall be known and may be cited as
the “Oklahoma Jail Standards Act”. The State Commissioner of Health
shall promulgate rules to implement the provisions of the Oklahoma
Jail Standards Act.
B. Except as provided in this section, all detention facilities
and lockup facilities shall operate in compliance with the
provisions of the Oklahoma Jail Standards Act.
C. The State Department of Health shall inspect at least once
each year all city and county jails detention facilities to ensure
compliance with the standards promulgated pursuant to the provisions
of this section set forth in the Oklahoma Jail Standards Act. The
standards shall provide provision for:
ENR. S. B. NO. 595 Page 3
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 adequate clothing and a usable bed. Such
facility 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 build barrack-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 minimum 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 specifically
address and take into consideration the temporary status of the
inmate housing needs of the county. As used in this paragraph,
“barrack-style” means a single designated space within a city or
county jail facility for the purpose of housing three or more
inmates;
6. Inmates to be properly advised of rules of the facility in
which they are detained;
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 the first
year of employment shall receive, at a minimum, four (4) hours’
review of material as required by the State Department of Health and
ENR. S. B. NO. 595 Page 4
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 shall 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 exceeds
established requirements;
10. No person to be confined without twenty-four-hour
supervision; and
11. At least one designated exit in the facility that will
permit prompt evacuation of inmates and staff in an emergency. A
facility in existence on November 1, 1985, shall not be required to
construct additional exits if it has one exit which is deemed
adequate by the State Fire Marshal Inspections shall be limited to
the specific requirements set forth in the Oklahoma Jail Standards
Act or rules promulgated pursuant thereto.
D. In the event such inspection shall reveal to the State
Department of Health the commission of a crime or crimes incidental
to the operations of a city or county jail detention 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. E. The provisions of the Oklahoma Jail Standards Act shall
be subject to the following exceptions and limitations:
1. 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 required to meet the
standards established in this section for jails the Oklahoma Jail
Standards Act, 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
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any person so confined in the event aid or release is required
because of a health or life-endangering emergency.;
C. 2. Notwithstanding any other provision of law or rule, any
county or municipality that operates a jail detention facility which
houses forty or fewer prisoners at all times which:
1. Provides
a. provides twenty-four-hour supervision of prisoner
activity that is conducted either by direct
observation or electronically by closed-circuit
television; video surveillance, and
2. Provides
b. 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 officer or
dispatcher on-site to provide for the security, custody, and
supervision of prisoners. Staff shall be available to perform
sensitive functions and procedures as necessary to accommodate
inmate gender as required by law;
D. 3. Any county or municipality that operates a jail detention
facility which houses more than forty and less than seventy-five
prisoners at all times which:
1. Provides
a. provides twenty-four-hour supervision of prisoner
activity that is conducted either by direct
observation or electronically by closed-circuit
television; video surveillance, and
2. Provides
b. 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,
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shall be required to have more than one detention officer or one
detention officer and at least one other basic CLEET-certified
person on the same premises as the jail detention facility to
provide for the security, custody, and supervision of prisoners.
Staff shall be available to perform sensitive functions and
procedures as necessary to accommodate inmate gender as required by
law;
Within ninety (90) days after June 9, 1994, the State Board of
Health shall promulgate new rules governing square footage
requirements, double-celling of prisoners and the ratio of showers,
toilets, and water basins to prisoners. The rules so promulgated
shall be governed by the guidelines enumerated in this section, 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. 4. A county, municipality, or public trust that operates a
detention facility may request a waiver, including a waiver for a
temporary emergency resulting from a natural or man-made disaster,
from provisions of the Oklahoma Jail Standards Act or rules
promulgated pursuant thereto upon a showing that application of such
provision would impose undue hardship upon the county, municipality,
or public trust, or upon the inmates held at such facility. All
requests shall be filed with the Department and shall include
justification demonstrating the undue hardship. The waiver
application shall also include a plan for the housing and care of
detention facility inmates for the duration of the waiver and
identification of all specific provisions of the Oklahoma Jail
Standards Act requested to be waived. The Department may grant the
waiver request in whole or in part and may, as a condition of
granting the waiver, require the county, municipality, or public
trust to submit a plan and timetable for compliance with the
standards. The Commissioner shall promulgate rules to implement the
waiver process established by this paragraph; and
5. Any detention facility that is constructed or substantially
remodeled shall be required to be in compliance with the
requirements and standards in effect at the time of such
construction or remodeling. Plans for the construction of a new
ENR. S. B. NO. 595 Page 7
detention facility or the substantial remodeling of an existing
detention facility shall be submitted to the Department for review
and approval.
F. The State Department of Health shall employ inspectors and
other personnel as necessary and specifically authorized by the
Legislature in order to carry out the provisions of this section the
Oklahoma Jail Standards Act and may rent or purchase premises or
equipment in order to assist inspectors in the performance of their
functions.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.1 of Title 74, unless there
is created a duplication in numbering, reads as follows:
As used in the Oklahoma Jail Standards Act:
1. “Available” means that the subject individual is either on
site or on the premises;
2. “Barrack-style” means a single designated space within a
detention facility for the purpose of housing three or more inmates;
3. “Bodily search” means any invasive examination by hand of an
inmate or clothing of an inmate. Bodily searches shall not include
pat-downs;
4. “Central control” means the central point within the
facility where security activities are monitored and controlled;
5. “Contraband” means anything not authorized to be in the
possession of an inmate;
6. “Dayroom” means a space for activities that is situated
immediately adjacent to the sleeping area of inmates and is
separated from the sleeping area by a wall;
7. “Department” means the State Department of Health;
8. “Detention facility” means a facility that may hold a person
for an indefinite period of time including, but not limited to, a
city or county jail;
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9. “Detention officer” means a person whose training,
education, or experience specifically qualifies him or her to
perform the duties indicated in the job description and the Oklahoma
Jail Standards Act or a person who holds a certification accorded
pursuant to the provisions of Section 3311 of Title 70 of the
Oklahoma Statutes. The individual performing the duties shall be
trained in appropriate laws, codes, standards, policies, and
procedures;
10. “Direct supervision” means the detention officer is in
direct contact with inmates and is in a position to constantly
monitor behaviors and interact with inmates;
11. “Emergency care” means medical or surgical care necessary
to treat the sudden onset of a potentially life-threatening or limb-
threatening condition;
12. “Facility administrator” means a sheriff, police chief,
city manager, private contractor, or a designee thereof, charged
with maintaining and operating a lockup facility or detention
facility;
13. “Fixed sleeping surface” refers to a stationary or
installed bed or slab designed to support a mattress or some other
comparable padding on which an inmate can lie down off of the floor;
14. “Grievance” means a circumstance or action considered
unjust;
15. “Holding facility” means a facility that shall hold persons
under arrest who are charged with a crime for a period of no longer
than twelve (12) hours;
16. “Hot meal” means a measure of food served and eaten at one
sitting, prepared and served at a palatable temperature range of one
hundred ten degrees Fahrenheit (110° F) to one hundred twenty
degrees Fahrenheit (120° F);
17. “Inmate” means any individual, whether in pretrial,
sentenced, or unsentenced status, who is confined in a detention
facility;
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18. “Juvenile” means a person who is subject solely to the
jurisdiction of a juvenile court or who is subject to the provisions
of Section 2-5-205 of Title 10A of the Oklahoma Statutes;
19. “Last locked/secure door” means the last secure barrier
between staff and an inmate;
20. “Life-endangering situation” includes, but is not limited
to, a suicide attempt or obvious serious injury or illness, which in
the evaluation of the staff requires an immediate response;
21. “Life-threatening” means a situation in which life-saving
measures are taken;
22. “Living area” means those areas of a detention facility
utilized for the day-to-day housing and activities of inmates.
These areas do not include reception and release areas and special-
use cells such as sobering, safety, and holding or staging cells
normally located in receiving areas;
23. “Lockup facility” means a facility that may hold a person
no longer than ten (10) days. Such a facility may be operated by a
municipality for the temporary detention of persons awaiting
arraignment. Persons who require detention for a period longer than
ten (10) days shall be transferred to a detention facility;
24. “Nonsecure areas” means those areas where a youth or
juvenile is in the custody of law enforcement and may not be able to
leave or depart from the presence of law enforcement, yet the youth
or juvenile is not detained in a facility which limits movement;
25. “On site” means a detention officer is physically present
within the detention facility;
26. “On the premises” means a detention officer is physically
present within the structure incorporating the detention facility,
or within a building or structure sharing the same realty or located
on realty that is contiguous to the realty upon which the structure
incorporating the detention facility is located, provided that such
remote building or structure is not located farther than five
hundred (500) feet from the detention facility;
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27. “Pat-down” means a noninvasive search of an inmate by hand
performed by lightly skimming the exterior surface of the clothing
covering the legs and torso;
28. “Physician or other licensed medical personnel” means a
psychiatrist, medical doctor, osteopathic physician, physician
assistant, Registered Nurse (RN), Licensed Practical Nurse (LPN),
emergency medical technician at the paramedic level, or Clinical
Nurse Specialist (CNS);
29. “Sensitive functions and procedures” means any bodily
search or the visual supervision of any activity requiring an inmate
to partially or fully disrobe;
30. “Safety check” means direct, visual observation performed
at random intervals within time frames prescribed in the regulations
pursuant to this act to provide for the health and welfare of
inmates;
31. “Sight contact” means clear visibility within close
proximity;
32. “Sound contact” means direct oral communication;
33. “Substantial remodeling” means remodeling for which the
cost to repair is at least fifty percent (50%) of the cost to
replace the facility;
34. “Sustained contact” means sight or sound contact that is
not brief and inadvertent;
35. “Temporary sleeping surface” means any appropriate item
used in overcrowding situations on which an inmate can lie down and
be kept off of the floor on an interim basis;
36. “Waiver” is a long-term deviation from a standard in
extenuating circumstances which are not likely to be overcome in a
reasonable period of time; and
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37. “Variance” is a temporary deviation from a standard in
extenuating circumstances which can be overcome in a reasonable
period of time.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.2 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Policies developed based on requirements in this act shall
identify the following:
1. The rule or law addressed by the policy;
2. The staff position or personnel responsible for
implementation and oversight of the policy;
3. The actions to be taken or procedures to be followed by
facility personnel;
4. The staff position or personnel responsible for reviewing
the policy;
5. A schedule for reviewing the policy that identifies the
frequency at which the policy will be reviewed; and
6. A signature page to capture the signature and date that the
responsible official adopted the policy and the dates that review of
the policy were completed.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.3 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The standards for detention facilities shall provide 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;
ENR. S. B. NO. 595 Page 12
5. Inmates to have adequate clothing and a usable bed.
Such detention facilities 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 build
barrack-style jails, with single or double cells, 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. Counties may also build tent
jails, which shall be temporary in nature, to meet the security
needs of the county for minimum 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
Commissioner of Health shall promulgate minimum standards for
temporary tent jails, which standards shall be designed to
specifically address and take into consideration the temporary
status of the inmate housing needs of the county;
6. Inmates to be properly advised of rules of the detention
facility in which they are detained;
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;
8. All employees, including the detention facility
administrator and all supervisors, whose primary responsibilities
include supervision of inmates to receive at least twenty-four (24)
hours of training during the first year of their employment that
covers at least the following:
a. security procedures,
b. supervision of inmates,
c. report writing and documentation,
d. inmate rules and regulations,
e. grievance and disciplinary procedures,
ENR. S. B. NO. 595 Page 13
f. rights and responsibilities of inmates,
g. emergency procedures, and
h. first aid and cardiopulmonary resuscitation;
9. All employees who work in direct contact with inmates to
receive after the first year of employment at least four (4) hours
of review of material as required by the State Department of Health
and at maximum eight (8) hours of detention officer training per
year to include renewal training as required for first aid and
cardiopulmonary resuscitation skills after the first year of
employment;
10. A documentation log to be maintained by the administrator
to record the courses completed by each employee for his or her
initial and annual training and include test results;
11. Proper steps to be taken to ensure the safety and
segregation of women, the infirm, and minors;
12. Adequate medical care, provided such medical care shall 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 exceeds
established requirements;
13. No person to be confined without twenty-four-hour
supervision; and
14. At least one designated exit in the facility that will
permit prompt evacuation of inmates and staff in an emergency.
B. All cells and living areas shall have at least forty (40)
square feet of floor space for the initial inmate and at least
twenty (20) square feet of floor space for each additional inmate
occupying the same cell. Inmates may be provided temporary sleeping
surfaces during times of overcrowding.
C. The facility shall have at least one special-purpose cell to
provide for the temporary detention of inmates under the influence
ENR. S. B. NO. 595 Page 14
of alcohol or dangerous substances or for persons who are
uncontrollably violent or self-destructive. These cells shall be
designed to prevent injury to the inmate.
D. The housing and activity areas shall provide at least the
following:
1. Lighting of at least twenty (20) foot-candles;
2. A shower with non-skid floors; and
3. Sufficient floor drains to ensure a sanitary facility.
E. There shall be designated and marked emergency evacuation
exits that comply with the requirements of the State Fire Marshal
and that permit prompt evacuation of inmates and staff in an
emergency.
F. A county may provide a dormitory-style detention facility to
accommodate up to medium-security level inmates. It shall be
equipped with washbasins, toilets, and showers with hot and cold
running water at a ratio of at least one washbasin, one toilet, and
one shower to every twenty inmates. A dormitory-style detention
facility shall meet all requirements for a detention facility.
G. A county may provide a temporary tent detention facility
subject to the approval of the Department.
H. Inmates may be provided temporary sleeping surfaces during
times of overcrowding. A fire-safe cot and industry products such
as those referred to as “boats” are examples of suitable temporary
sleeping surfaces that ensure the mattress does not have direct
contact with the floor. These items do not meet the requirement to
provide a fixed sleeping surface for each inmate.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.4 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The facility administrator shall develop and implement
written policies pertaining to the daily management and operation of
the detention facility including, but not limited to, an operations
ENR. S. B. NO. 595 Page 15
manual sufficient to demonstrate compliance with the standards set
forth in the Oklahoma Jail Standards Act and rules promulgated
pursuant thereto.
B. The facility administrator shall develop and implement
written policies for the operation of a lockup facility which shall
include requirements that:
1. Arrest and commitment papers shall be verified;
2. An inmate shall be searched during admission;
3. Property of the inmate shall be inventoried and shall be
stored in a secure location;
4. Medical reception information shall be recorded in the file
of the inmate and shall include, but not be limited to, the
following information:
a. current illnesses and health problems,
b. behavioral observation, including state of
consciousness and mental status, and history of
alcohol or drug abuse and treatment,
c. body deformities and trauma markings such as bruises,
lesions, jaundice, and ease of body movement,
d. condition of skin and visible body orifices, including
infestations,
e. medications taken and any special health requirements,
f. whether the inmate may be in need of mental health or
substance abuse services including, but not limited
to, whether the inmate is at risk for or has attempted
suicide, and
g. disposition or referral of the inmate to qualified
medical personnel on an emergency basis as provided in
Section 4.1 of Title 57 of the Oklahoma Statutes;
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5. A first aid kit shall be available at locations designated
by the facility administrator;
6. Two completed, documented, local or collect telephone calls
shall be allowed at the time of booking or after a reasonable length
of time, as determined by the administrator or designee. The
administrator or designee shall document the refusal of an inmate to
make a telephone call. In facilities where inmates have unlimited
access to operational telephones, the refusal of an inmate to make
telephone calls is not required to be documented;
7. Clean bedding and personal hygiene items shall be available
and provided at the facility;
8. Shower facilities shall be available with hot and cold
running water at a ratio of at least one shower for every twenty
inmates;
9. Continual supervision shall be provided by a trained
detention officer;
10. Inmate counts shall be taken at the beginning of each shift
and recorded in the detention facility log. At least one of the
counts each day shall be a full lockdown count when all inmates are
required to be immobilized and visually inspected;
11. Hourly visual safety checks shall be conducted at no more
than sixty-minute intervals and on an irregular basis. Detention
officers shall visually check all security features of the cell area
and account for all detainees. Visual safety checks may include
video surveillance provided that it has an unobstructed view of the
entire cell;
12. Male and female inmates shall be housed in separated living
areas with visual separation between the two genders. Housing of
inmates with mixed gender identification will be administered in a
manner to maximize inmate safety;
13. Each inmate shall be provided at least three meals that
meet the national recommended allowance for basic nutrition every
twenty-four (24) hours. At least two hot meals shall be provided
ENR. S. B. NO. 595 Page 17
daily. There shall not be more than fourteen (14) hours between the
breakfast and the evening meals;
14. The following minimum fire safety requirements shall be
implemented:
a. the facility shall be equipped with a smoke detection
system and a sprinkler system that is approved by the
State Fire Marshal,
b. polyurethane foam mattresses, pads, and pillows are
prohibited. Mattresses that are in compliance with
the requirements of the State Fire Marshal shall be
used,
c. each facility shall have emergency lighting that meets
the minimum standards as determined by the State Fire
Marshal,
d. detention officer posts shall be located and staffed
close enough to the lockup area to permit detention
officers to hear and respond promptly to calls for
assistance and provide immediate response to
emergencies,
e. there shall be designated and marked emergency
evacuation exits that comply with the requirements of
the State Fire Marshal, and
f. each facility shall comply with any other applicable
building and fire safety codes as determined by the
State Fire Marshal pursuant to Section 317 et seq. of
Title 74 of the Oklahoma Statutes;
15. Inmates held for over twenty-four (24) hours shall be
issued a clean set of detention facility clothing to include at
least a shirt, trousers or coveralls, and footwear. An inmate shall
receive a complete change of clothing at least once per week.
Inmate street clothing shall be inventoried and shall be stored in a
secure location;
ENR. S. B. NO. 595 Page 18
16. A detention officer shall be on duty on each floor where
inmates are confined unless the facility is equipped with:
a. viewing access to all areas of the facility through a
video surveillance system, and
b. an intercommunication system between the cell or
living area and detention officer post or control
center to communicate with and monitor inmates; and
17. Smoking policies in lockup facilities shall conform to the
requirements set forth in Section 1247 of Title 21 of the Oklahoma
Statutes.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.5 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Each detention facility shall have written policies subject
to the provisions of the Oklahoma Jail Standards Act and rules
promulgated pursuant thereto for the following:
1. The reception, orientation, and release of inmates;
2. The safety, security, and control of staff, inmates, and
visitors;
3. Escapes or other breaches of security of the detention
facility;
4. Actions to be taken in emergency situations;
5. The use of physical force by staff and the use of
instruments of restraint against an inmate;
6. Conduct of inmates, which shall include offenses for which
charges may be imposed, and the range of sanctions and disciplinary
procedures to be followed. Such information shall be made available
to inmates. Such policies shall ensure that inmates are afforded
administrative due process as required by law;
ENR. S. B. NO. 595 Page 19
7. Inmate requests of staff and grievance procedures, including
procedures for appeal;
8. Safety and maintenance of sanitation throughout the
facility;
9. Fire prevention and evacuation plans;
10. Food services and dietary requirements including
accommodation of medical needs and religious beliefs;
11. Inmate correspondence and visitation; and
12. Staff training, development, and evaluation.
B. The State Department of Health shall be notified no later
than the next working day if any of the following incidents occur:
1. Extensive damage to detention facility property;
2. Serious injury to staff or an inmate defined as life-
threatening or that requires transfer to an outside medical
facility;
3. Escape;
4. Serious suicide attempts defined as life-threatening or that
require transfer to an outside medical facility; or
5. Death.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.6 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The movement of inmates from one location to another shall
be controlled and supervised by staff.
B. Staff shall provide twenty-four-hour supervision of inmates.
C. Detention officer posts shall be located and staffed to
monitor all inmate activity either physically or electronically and
ENR. S. B. NO. 595 Page 20
in close enough proximity to the living areas to allow for immediate
response to calls for assistance or emergency situations. A
detention officer shall be on duty at all times at each location
where inmates are confined, or the observation of inmates shall be
conducted by electronic means. The location shall be equipped with
an intercommunication system in a location that is staffed twenty-
four (24) hours a day with personnel capable of providing an
emergency response.
D. There shall be sufficient staff to perform all assigned
functions relating to security, custody, and supervision of inmates.
Staff assignments shall provide for backup assistance for all
employees entering locations where inmates are confined as required
in the Oklahoma Jail Standards Act.
E. All inmates shall be searched when entering or leaving the
security area.
F. Policies shall specify a system for the supervision of
female inmates by male staff and supervision of male inmates by
female staff.
G. When both male and female inmates are housed in a detention
facility, at least one male and one female detention officer shall
be available to perform sensitive functions and procedures as
necessary to accommodate inmate gender.
H. An inmate shall be prohibited from supervising, controlling,
or exerting or assuming any authority over another inmate.
I. The name and telephone number of the practicing attorneys
and bonds persons in the area shall be posted conspicuously near the
telephone used by the inmates.
J. Direct supervision of inmates shall be permitted if the
facility has policies in place to ensure the safety of employees,
inmates, and visitors and if the design of the physical facility
lends itself to direct supervision operations.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.7 of Title 74, unless there
is created a duplication in numbering, reads as follows:
ENR. S. B. NO. 595 Page 21
The facility administrator shall develop and implement written
policies for the classification and segregation of inmates to ensure
the safety of inmates and staff. The following criteria shall be
implemented to ensure an adequate classification and segregation
system:
1. Inmates of opposite genders shall be housed in separated
living areas. Separation shall be by substantial architectural
arrangements which permit no sustained sight contact. Housing of
inmates with mixed gender identification will be administered in a
manner to maximize inmate safety;
2. Inmates considered to be a threat to other inmates or staff
shall be housed separately from other inmates based upon the
following criteria:
a. the past criminal history of the inmate,
b. the nature and severity of the charges pending against
the inmate,
c. the behavior of the inmate while in the facility, and
d. other relevant reasons as directed by the
administrator;
3. Inmates may be double-celled or confined to dormitory-style
housing if the floor space meets the square footage requirements.
Such inmates shall be afforded temporary sleeping surfaces on an
interim basis and shall receive the same living conditions and
privileges as those occupying the general population. A fire-safe
cot and industry products such as those referred to as “boats” are
examples of suitable temporary sleeping surfaces. Any exceptions
regarding conditions and privileges shall be defined by the
administrator;
4. Inmates who are intoxicated or under the influence of a
controlled substance shall be housed separately from other inmates
until such time as the medical authority or the facility
administrator determines their suitability for placement into the
general population or other appropriate housing;
ENR. S. B. NO. 595 Page 22
5. Inmates who appear to have a significant medical or
psychiatric problem may be separated from other inmates;
6. Unsentenced inmates shall be separated from sentenced
inmates to the extent possible and shall be permitted whatever
confinement is least restrictive unless inmate behavior or other
security considerations dictate otherwise; and
7. Classification and segregation shall not be determined
solely on the basis of race, color, creed, or national origin.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.8 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Adequate medical care shall be provided in a detention
facility. The facility administrator shall develop and implement
written policies for emergency medical and health care services.
The facility administrator shall be responsible for the medical
services of the detention facility and shall develop, with the
assistance of a designated medical authority, the health care plan
for the detention facility. With appropriately credentialed on-site
or off-site supervision, a detention facility may utilize physicians
or other licensed medical personnel, Certified Nurse Practitioners
(CNPs), psychologists, licensed professional counselors, licensed
clinical social workers, licensed masters social workers, licensed
alcohol and drug counselors, emergency medical technicians,
certified medical assistants, or certified nursing assistants for
the provision of medical care. Security restrictions shall be
considered in the development of the plan and any medical personnel
included in the plan shall have their responsibilities regulated by
written job descriptions. The health care plan shall cover, at a
minimum, the following:
1. Intake screening procedures;
2. Medications in the possession of the inmate;
3. Medications prescribed or administered to the inmate;
ENR. S. B. NO. 595 Page 23
4. Documentation of information relevant to the health or
medical care of the inmate, including current illnesses and health
problems, as well as observation of the behavior and physical
condition of the inmate;
5. Disposition and referral of inmates to qualified medical
personnel on an emergency basis;
6. Retention and disposition of inmate medical records; and
7. Such other procedures as may be necessary for the protection
of facility employees, visitors, and inmates.
B. A detention facility operated by a county, with permission
from the county sheriff, may deduct monies collected from an inmate
as a medical payment on account for medical services received by the
inmate while incarcerated in the detention facility pursuant to the
provisions of Section 531 of Title 19 of the Oklahoma Statutes.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.9 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. A juvenile shall be incarcerated only in a detention
facility authorized by the appropriate judicial or juvenile bureau
authority. A juvenile shall not be detained in any holding facility
or lockup facility. This requirement shall not preclude juveniles
from being held in nonsecure areas until a parent or other
responsible party arrives to take custody of the juvenile.
B. Prior to a juvenile being placed in an eligible detention
facility, permission shall be obtained from the appropriate judicial
or juvenile bureau authority. A record of permission shall be
maintained at the facility.
C. Sight checks of juvenile inmate living areas shall be
performed at least one time each hour. The check shall include all
areas of each cell and the juvenile inmates shall be visually
observed. Checks shall be documented in writing on a form provided
by the facility administrator.
ENR. S. B. NO. 595 Page 24
D. An adult inmate who is assigned trustee status shall not be
permitted sustained contact with a juvenile inmate. A staff member
shall serve all meals to a juvenile inmate.
E. In addition to existing visitation privileges, juvenile
inmates shall be permitted visits from authorized juvenile agency
personnel. Visits from family members who are unable to visit
during normal visiting hours shall be allowed so long as
arrangements are made in advance with the administrator and provided
the visit does not jeopardize facility security. Each facility that
holds a juvenile shall have written policies for such visits.
F. A juvenile inmate shall be able to communicate with staff
members at all times. Such communication may be either by voice or
electronic means. If electronic systems are used, there shall be a
backup plan to insure communication ability is maintained.
G. No staff member shall be permitted to enter a juvenile
inmate living area without backup assistance being available from
another staff member. At least one staff member shall be of the
same gender as the juvenile inmate except in life-endangering or
life-threatening situations. Any time a decision is made to enter
the living area without appropriate backup assistance as defined
herein, the action shall be documented. Documentation shall show
the reason for the decision and a permanent record shall be
maintained.
H. A juvenile charged with a crime which would constitute a
felony if committed by an adult or a juvenile who is an escapee from
a juvenile training school or from a Department of Human Services
group home may be detained in any detention facility authorized by
the appropriate judicial or juvenile bureau authority, police
station, or similar law enforcement office not approved for long-
term detention, for a period of six (6) hours or less for
identifying, processing, or arranging for transfer to a juvenile
detention facility or alternative program. In no other
circumstances shall a juvenile be securely detained in an adult
detention facility.
I. The State Department of Health shall coordinate with the
Office of Juvenile Affairs to certify detention facilities for
holding juvenile offenders based on the compliance of the detention
ENR. S. B. NO. 595 Page 25
facility with the Oklahoma Jail Standards Act and the provisions of
Section 2-3-103 of Title 10A of the Oklahoma Statutes.
J. The designation of a detention facility as a place for the
detention of juveniles shall be made from a list of eligible
detention facilities supplied by the Department. Eligible detention
facilities shall be those detention facilities deemed by the
Department as compliant with the Oklahoma Jail Standards Act.
K. Any adult detention, holding, or lockup facility shall
record and report the detention of any person eighteen (18) years of
age or younger in a manner consistent with the requirements of the
Office of Juvenile Affairs.
L. Records of detention for persons eighteen (18) years of age
or younger and detained in the last year shall be subject to review
during the annual inspection conducted by the Department.
M. If detention of a juvenile is authorized, such juvenile
shall be housed separately from adults in order to prohibit
sustained sight and sound contact. Inadvertent contact with
incarcerated adults outside of detention facility living areas not
dedicated for use by juvenile offenders should be minimized.
N. A juvenile may be held for up to six (6) hours for the
purpose of identification, investigation, processing, release to a
parent, transfer to court, or transfer to a juvenile facility
following the initial custody of the juvenile.
O. A juvenile arrested for or charged with a criminal offense
may be securely detained in an adult detention or lockup facility
for up to six (6) hours immediately before or immediately after a
court appearance, provided sight and sound separation is maintained.
This period may be extended to twenty-four (24) hours, excluding
weekends and holidays, if the jurisdiction is outside the
metropolitan statistical area where:
1. State law requires an initial court appearance within
twenty-four (24) hours after being taken into custody;
2. There is no acceptable alternative placement; and
ENR. S. B. NO. 595 Page 26
3. The detention facility has been determined by the Department
to provide for sight and sound separation.
SECTION 11. AMENDATORY 57 O.S. 2021, Section 37, is
amended to read as follows:
Section 37. A. If all correctional facilities reach maximum
capacity and the Department of Corrections is required to contract
for bed space to house state inmates:
1. The Pardon and Parole Board shall consider all nonviolent
offenders for parole who are within six (6) months of their
scheduled release from a penal facility; and
2. Prior to contracting with a private prison operator to
provide housing for state inmates, the Department shall send
notification to all county jails in this state that bed space is
required to house the overflow population of state inmates. Upon
receiving notification, the sheriff or jail trust administrator of a
county jail is authorized to enter into agreements with the
Department to provide housing for the inmates. Reimbursement for
the cost of housing the inmates shall be a negotiated per diem rate
for each inmate as contracted but shall in no event be less than the
per diem rate provided for in Section 38 of this title.
B. No inmate may be received by a penal facility from a county
jail without first scheduling a transfer with the Department.
Within five (5) business days after the court orders the judgment
and sentence, the court clerk shall transmit to the Department by
facsimile, electronic mail, or actual delivery a certified copy of
the judgment and sentence.
C. The receipt of the certified copy of the judgment and
sentence shall be certification that the sentencing court has
entered a judgment and sentence and all other necessary commitment
documents. The Department of Corrections is authorized to determine
the appropriate method of delivery from each county based on
electronic or other capabilities, and establish a method for issuing
receipts certifying that the Department has received the judgment
and sentence document. The Department shall establish a dedicated
electronic address location for receipt of all electronically
submitted judgment and sentence documents. The electronic address
ENR. S. B. NO. 595 Page 27
location shall provide written receipt verification of each received
judgment and sentence document. Once an appropriate judgment and
sentence document is received by the Department of Corrections, the
Department shall contact the sheriff or jail trust administrator
when bed space is available to schedule the transfer and reception
of the inmate into the Department.
D. If the Department receives a judgment and sentence document
from a county that includes inaccurate information from the
sentencing court, the Department shall notify the county within a
timely manner.
E. When a county jail has reached its capacity of inmates as
provided in the standards set forth in Section 192 of Title 74 of
the Oklahoma Statutes the Oklahoma Jail Standards Act, then the
county sheriff or jail trust administrator shall notify the Director
of the Oklahoma Department of Corrections, or the Director’s
designated representative, by facsimile, electronic mail, or actual
delivery, that the county jail has reached or exceeded its capacity
to hold inmates. The notification shall include copies of any
judgment and sentences not previously delivered as required by
subsection B of this section. Then within Within seventy-two (72)
hours following such notification, the county sheriff or jail trust
administrator shall transport the designated excess inmate or
inmates to a penal facility designated by the Department. The
sheriff or jail trust administrator shall notify the Department of
the transport of the inmate prior to the reception of the inmate.
The Department shall schedule the reception date and receive the
inmate within seventy-two (72) hours of notification that the county
jail is at capacity, unless other arrangements can be made with the
sheriff or jail trust administrator.
F. The Department will shall be responsible for the cost of
housing the inmate in the county jail including costs of medical
care provided from the date the judgment and sentence was ordered by
the court until the date of transfer of the inmate from the county
jail. The Department shall implement a policy for determination of
scheduled dates on which an inmate or multiple inmates are to be
transferred from county jails. The policy shall allow for no less
than three alternative dates from which the sheriff or jail trust
administrator of a county jail may select and shall provide for
weather-related occurrences or other emergencies that may prevent or
ENR. S. B. NO. 595 Page 28
delay transfers on the scheduled date. The policy shall be
available for review upon request by any sheriff or jail trust
administrator of a county jail. The cost of housing shall be the
per diem rate specified in Section 38 of this title. In the event
the inmate has one or more criminal charges pending in the same
Oklahoma jurisdiction and the county jail refuses to transfer the
inmate to the Department because of the pending charges, the
Department shall not be responsible for the housing costs of the
inmate while the inmate remains in the county jail with pending
charges. Once the inmate no longer has pending charges in the
jurisdiction, the Department shall be responsible for the housing
costs of the inmate for the period beginning on the date the
judgment and sentence or final order was ordered by the Court. In
the event the inmate has other criminal charges pending in another
Oklahoma jurisdiction, the Department shall be responsible for the
housing costs while the inmate remains in the county jail awaiting
transfer to another jurisdiction or until the date the inmate is
scheduled to be transferred to the Department, whichever is earlier.
Once the inmate is transferred to another jurisdiction, the
Department is not responsible for the housing cost of the inmate
until such time that another judgment and sentence is received by
the Department from another Oklahoma jurisdiction.
The sheriff or jail trust administrator may submit invoices for
the cost of housing the inmate on a monthly basis. Final payment
for housing an offender will be made only after the official
judgment and sentence is received by the Department of Corrections.
SECTION 12. AMENDATORY 57 O.S. 2021, Section 47, is
amended to read as follows:
Section 47. The sheriff, or such person designated by law in
his place of the sheriff, shall have charge of the county jail of
his or her county and of all persons by law confined therein, and
such sheriff or other officer is hereby required to conform, in all
respects, to the rules and directions promulgated pursuant to
Section 192 of Title 74 of the Oklahoma Statutes the Oklahoma Jail
Standards Act and of the district judge and communicated to him the
sheriff by the proper authority.
SECTION 13. AMENDATORY 57 O.S. 2021, Section 52, is
amended to read as follows:
ENR. S. B. NO. 595 Page 29
Section 52. It shall be the duty of the sheriff of each county
to provide bed clothing, washing, board, and medical care when
required, and all necessities for the comfort and welfare of
prisoners as specified by the standards promulgated pursuant to
Section 192 of Title 74 of the Oklahoma Statutes the Oklahoma Jail
Standards Act and he the sheriff shall be allowed such compensation
for services required by the provisions of Sections 41 through 64 of
this title, as may be prescribed by the county commissioners. All
purchases made pursuant to the provisions of this section shall be
made pursuant to the purchasing procedures specified in Sections
1500 through 1505 of Title 19 of the Oklahoma Statutes, including
the use of blanket purchase orders as provided for in Section 310.8
of Title 62 of the Oklahoma Statutes.
SECTION 14. AMENDATORY 57 O.S. 2021, Section 53, is
amended to read as follows:
Section 53. The sheriff or designated employee shall visit the
county jail in person and inquire into the condition of each
prisoner at least once each month and it shall be his the duty of
the sheriff or designated employee to comply with all standards
promulgated pursuant to Section 192 of Title 74 of the Oklahoma
Statutes the Oklahoma Jail Standards Act.
SECTION 15. AMENDATORY 57 O.S. 2021, Section 55, is
amended to read as follows:
Section 55. If the sheriff or jailer in charge of any county
jail shall neglect or refuse to comply with any of the rules and
regulations established by the district judge, or pursuant to
Section 192 of Title 74 of the Oklahoma Statutes the Oklahoma Jail
Standards Act, or to any other duties required of him by pursuant to
Sections 41 through 64 of this title, he the sheriff or jailer in
charge shall, on conviction thereof, by indictment for each case of
such failure or neglect of duty as aforesaid, pay into the county
treasury of the proper county, for the use of such county, a fine
not less than Ten Dollars ($10.00) nor more than One Hundred Dollars
($100.00) to be assessed by the district court of the proper
district.
ENR. S. B. NO. 595 Page 30
SECTION 16. AMENDATORY 57 O.S. 2021, Section 57, as
amended by Section 1, Chapter 35, O.S.L. 2023 (57 O.S. Supp. 2024,
Section 57), is amended to read as follows:
Section 57. A. In the city and county jails in this state,
there shall be provided sufficient and convenient apartments for
confining prisoners of different sexes genders and classification
separate 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 Changes in prisoner capacity shall be reported by the
sheriff within thirty (30) days of the change to the Department of
Corrections. For purposes of this section, “prisoner capacity”
means the 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 in this state, prisoners
classified pursuant to subsection B of this section may be confined
two per cell or barrack-style, provided the living space meets the
square footage requirements set forth in Section 192 of Title 74 of
the Oklahoma Statutes the Oklahoma Jail Standards Act.
D. All funds used by the Department of Corrections to contract
with private contractors for the building 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 housing three or more inmates.
SECTION 17. AMENDATORY 63 O.S. 2021, Section 472, is
amended to read as follows:
ENR. S. B. NO. 595 Page 31
Section 472. It shall be the duty of the governing bodies of
all municipalities to insure compliance with standards governing
conditions in municipal jails as prescribed in Section 192 of Title
74 of the Oklahoma Statutes the Oklahoma Jail Standards Act.
SECTION 18. AMENDATORY 69 O.S. 2021, Section 617, is
amended to read as follows:
Section 617. The board of county commissioners shall furnish
wholesome food in sufficient quantity and variety to all convicts
working upon the public roads to maintain them in good health and
vigor, and shall furnish medical attention when required in
accordance with the standards promulgated pursuant to Section 192 of
Title 74 of the Oklahoma Statutes the Oklahoma Jail Standards Act.
SECTION 19. AMENDATORY 74 O.S. 2021, Section 193, is
amended to read as follows:
Section 193. A. Inspectors employed by the State Department of
Health shall be permitted to enter all jail premises and
administrative offices for the purpose of performing their assigned
duties.
B. The results of these inspections shall be presented in the
form of a written report to the person immediately responsible for
the administration of the facility inspected and such other offices
the Department deems appropriate. The report shall contain:
1. A list of deficiencies in the condition or operation of the
facility and specific proposals for their solution; and
2. A statement as to whether or not the facility inspected is
in substantial compliance with the jail standards established
pursuant to Section 192 of this title the Oklahoma Jail Standards
Act.
SECTION 20. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 595 Page 32
Passed the Senate the 24th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 23rd day of April, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________