Oklahoma § 57-51.1 - Persons with Acquired Immune Deficiency Syndrome (AIDS) Violation of § 1192.1 of Title 21 - Transfer to Department of

§ 57-51.1. Persons with Acquired Immune Deficiency Syndrome (AIDS) Violation of § 1192.1 of Title 21 - Transfer to Department of

Corrections for extended medical care.

Any person who has the Acquired Immune Deficiency Syndrome

(AIDS) disease who is confined in the county jail in violation of

Section 1192.1 of Title 21 of the Oklahoma Statutes, whether

convicted or pending trial, may be transferred to the Department of

Corrections for extended medical care for the duration of the

Oklahoma Statutes - Title 57. Prisons and Reformatories

sentence imposed or pending trial. At the request of the medical

officer, physician or surgeon employed by said jail, the county

sheriff shall make application to the Department of Corrections for

a transfer of the person and the Department of Corrections may

accept the person under the following conditions:

1. The person's right to a speedy trial is not delayed by the

transfer to a state facility;

2. The person's right to confer with legal counsel is not

restricted by the transfer to a state facility;

3. The county agrees to a mutual exchange of inmates from the

Department of Corrections for the medical care and custody of the

person to be transferred;

4. The medical care or custody of the person is necessary to

preserve the health and safety of the public, the inmates of the

county jail or the person being transferred;

5. The person to be transferred may be adequately treated in

the state facility; and

6. The state facility has medical bed space available for the

person.

Added by Laws 1992, c. 319, § 3, emerg. eff. May 27, 1992.